11-220 Resolution No. 11-220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE
APPROVING A MITIGATED NEGATIVE DECLARATION AND
2010-202 PP TEXAS ROADHOUSE
Whereas, on December 30, 2010 the applicant, Legendary Restaurants, filed a
formal application with the City of Menifee for the construction of a 6,995 square foot sit-
down restaurant.
Whereas, on May 24, 2011, the City of Menifee Planning Commission
considered public testimony and materials in the staff report and accompanying
documents, which hearing was publicly noticed by a publication in a newspaper of
general circulation, an agenda posting, and notice to property owners within 1,000 feet
of the project site boundaries; and
Whereas, on May 24, 2011, the City of Menifee Planning Commission made the
following findings for 2010-202 PP Texas Roadhouse:
1. An Environmental Assessment was prepared for the proposed project. The
Environmental Assessment determined that the proposed project could not have
a significant effect on the environment and a Mitigated Negative Declaration was
prepared.
2. The project site is designated Community Development: Commercial Retail on
the Sun City MenifeeNalley Area Plan.
3. The proposed project is consistent with the Specific Plan No. 248 Newport Hub.
4. The zoning for the subject site is Planning Area 1 of Specific Plan No. 248
Newport Hub.
5. The proposed restaurant is consistent with Planning Area 1 of Specific Plan No.
248 Newport Hub.
6. The proposed project is consistent with the development standards set forth in
Planning Area 1 of Specific Plan No. 248 Newport Hub.
7. There is a reasonable probability that the project will be consistent with the future
adopted general plan, including a housing element that is consistent with state
housing element law. This property is within a Specific Plan and the land use is
not anticipated to change.
8. There is little or no probability that the project will be detrimental to or interfere
with the implementation of the future adopted general plan, including a housing
element that is consistent with state housing element law.
9. The project proposes a restaurant, commercial uses and signage located on the
northeast corner of Haun Road and Newport Road which is an existing
commercial portion of the City. The project promotes the vision and values by
focusing growth in an urban area. The project is not inconsistent with the vision
and values of Menifee.
10. The public's health, safety and general welfare are protected through project
design.
11. The project is clearly compatible with the present and future logical development
of the area.
12. This project is not located within a Criteria Area of the Multi-Species Habitat
Conservation Plan.
NOW, THEREFORE, the City Council of the City of Menifee resolves and orders
as follows:
1. The Findings set out above are true and correct.
2. A Mitigated Negative Declaration is hereby approved and staff is authorized to
file a Notice of Determination
3. The Planning Commission recommended approval of Resolution PC 11-078.
4. 2010-202 PP Texas Roadhouse is hereby approved subject to the Conditions of
Approval Exhibit "A" to this Resolution and the Mitigation Measures contained in
the Environmental Assessment.
PASSED, APPROVED AND ADOPTED this the 7th::d�y-of June; 2011.
Wallace W. Edgerton, Mayor
Attest: Approved as to form:
Kathy Bennett, City Clerk Karen Feld, City Attorney
EXHIBIT "A"
Conditions of Approval for Plot Plan No. 2010-202
TEXAS ROADHOUSE
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: NPDES and Water Quality Compliance
Conditions of Approval
Section V: Riverside County Fire Department Conditions
of Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
Section VII: Riverside County Environmental Programs
Department Conditions of Approval
Rev 5-25-11
Conditions of Approval for Plot Plan No. 2010-202 1 of 42
Section I :
Conditions Applicable to all
Departments
Conditions of Approval for Plot Plan No. 2010-202 2 of 42
General Conditions
1. Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Plot Plan No. 2010-202 shall be
henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2010-202, Dated
2.24.11.
APPROVED EXHIBIT B = Elevations for Plot Plan No. 2010-202, Dated
2.24.11.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2010-202, Dated
2.24.11.
APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 2010-202, Dated
2.24.11.
APPROVED EXHIBIT L = Conceptual Landscaping and Fencing Plans for
Plot Plan No. 2010-202, Dated 2.24.11.
APPROVED EXHIBIT M = Colors and Material Board for Plot Plan No.
2010-202, Dated 2.24.11.
APPROVED EXHIBIT S = Sign program for Plot Plan No. 2010-202, Dated
2.24.11
2. 2010-202 Plot Plan. The use hereby permitted is for the development of two
vacant, graded parcels on the east side of Haun Road, approximately 245
feet north of Newport Road. The easternmost parcel (APN 336-380-049) is
planned for the construction and operation of a 6,995 square foot sit-down
restaurant identified as the Texas Roadhouse. The western parcel (APN
336-380-050) has been designed with a parking field and a future building
pad for a maximum building area of 9,500 square feet. The first phase of
construction will entail complete build out of the sit-down restaurant, parking,
landscaping, water quality improvements, utilities, drive aisles/driveways and
signage. The second phase of the project will involve the development of the
building pad adjacent to Haun Road. Although a specific use has not been
determined at this time, for the purposes of evaluation a single retail use with
a maximum developable area of 9,500 square feet has been modeled.
The restaurant (Texas Roadhouse) is a full-service sit-down dinner house
operating Monday through Friday: 4 pm to 10 pm, Saturdays: 11 am to 11 pm
and Sundays: 11 am to 10 pm. The restaurant will have a full service lounge,
but does not include lice entertainment.
3. Indemnification. The developer/applicant shall indemnify, protect, defend,
and hold harmless, the City and any agency or instrumentality thereof, and/or
any of its officers, employees and agents (collectively the "City and County")
from any and all claims, actions, demands, and liabilities arising or alleged to
arise as the result of the applicant's performance or failure to perform under
Conditions of Approval for Plot Plan No. 2010-202 3 of 42
this Plot Plan or the City's approval thereof, or from any proceedings against
or brought against the City, or any agency or instrumentality thereof, or any of
their officers, employees and agents, to attack, set aside, void, annul, or seek
monetary damages resulting from an action by the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning Plot Plan No.
2010-202, Specific Plan Amendment No. 2010-201 and the Environmental
Assessment.
4. 90 Days to Protest. The project developer has 90 days from the date of
approval of these conditions to protest, in accordance with the procedures set
forth in Government Code Section 66020, the imposition of any and all fees,
dedications, reservations and/or other exactions imposed on this project as a
result of this approval or conditional approval of this project.
5. Newly Incorporated City. The City of Menifee is a new City incorporated
on October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure.
In the future the City of Menifee will identify and put in place various
processing fees to cover the reasonable cost of the services provided. The
City may identify and fund mitigation measures under CEQA through
development impact fees. Such fees may include but are not limited to
processing fees for the costs of providing planning services when
development entitlement applications are submitted, which fees are
designed to cover the full cost of such services, and development impact
fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing
districts to cover the costs of maintenance of improvements constructed by
development, Developer agrees to petition for formation of, annexation to or
inclusion in any such financing district and to pay the cost of such formation,
annexation or inclusion.
The developer acknowledges it is on notice of the current development fees
and understands that such fees will apply at the levels in effect at the time
the fee condition must be met as specified herein.
6. Comply with all Conditions. The applicant/developer shall comply with all
applicable terms and conditions of Specific Plan Amendment No. 2010-201.
7. Mitigation Monitoring and Reporting Plan. The developer shall comply
with the mitigation monitoring and reporting plan ("MMRP") which is attached
and incorporated as part of these conditions of approval.
8. Causes for Revocation. In the event the use hereby permitted under this
permit, a) is found to be in violation of the terms and conditions of this permit,
b) is found to have been obtained by fraud or perjured testimony, or c) is
found to be detrimental to the public health, safety or general welfare, or is a
public nuisance, this permit shall be subject to the revocation procedures.
9. Business License. Every person conducting a business within the City of
Menifee, as defined in Menifee Municipal Code, Chapter 5.01, shall obtain a
Conditions of Approval for Plot Plan No. 2010-202 4 of 42
business license. For more information regarding business registration,
contact the City Clerk.
10. Expiration. This approval shall be used within two (2) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. In
the event of any litigation that may be filed challenging the approval of this
project, the expiration period shall be tolled until the litigation has gone to final
judgment or has been dismissed. By use is meant the beginning of
substantial construction contemplated by this approval within two (2) year
period which is thereafter diligently pursued to completion or to the actual
occupancy of existing buildings or land under the terms of the authorized use.
Prior to the expiration of the two year period, the permittee may request a one
(1) year extension of time in which to begin substantial construction or use of
this permit. Should the time period established by any of the extension of time
requests lapse, or should all three one-year extensions be obtained and no
substantial construction or use of this plot plan be initiated within five (5)
years of the effective date of the issuance of this plot plan, this plot plan shall
become null and void.
11. Disclosure Notice regarding Monument Sign. The applicant will prepare a
Disclosure Notice to the future tenants/occupants/purchaser of the building
planned for the vacant parcel on the plot plan that the monument sign located
along Haun Road will be for the Texas Roadhouse only, and that no other
monument signs will be allowed on the parcel.
12. Deliveries. Deliveries made during business hours are to be made on the
west side of the building.
Conditions of Approval for Plot Plan No. 2010-202 5 of 42
Section II :
Planning
Conditions of Approval
Conditions of Approval for Plot Plan No. 2010-202 6 of 42
General Conditions
13. Comply with Ordinances. The development of these premises shall
comply with the standards of Riverside County Ordinance No. 348
(hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of
Menifee Municipal Code and all other applicable ordinances and State and
Federal codes and regulations.
The development of the premises shall conform substantially with that as
shown on APPROVED EXHIBIT A, unless otherwise amended by these
conditions of approval.
14. Outside Lighting. Any outside lighting shall be hooded and directed so as
not to shine directly upon adjoining property or public rights-of-way.
15. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT M.
16. Parking. Parking for this project was determined primarily on the basis of
Ordinance No. 348, Section 18.12. a.(2).b),
Restaurant
1 space per 45 sq. ft. of serving area plus 1 space per two employees:
93 spaces required 105 spaces provided
Future Pad Building
1 space per 200 square feet of building:
48 space required 61 spaces provided
A minimum of 166 parking spaces shall be provided as shown on the
APPROVED EXHIBIT A, unless otherwise approved by the Planning
Department. The parking area shall be surfaced with asphaltic concrete,
concrete, or porous paving, to current standards as approved by the
Department of Building and Safety.
Conditions of Approval for Plot Plan No. 2010-202 7 of 42
A minimum of six (6) accessible parking spaces for persons with disabilities
shall be provided consistent with ADA requirements and as approved by
the City Engineering Department. The location of ADA parking and paths
of travel will be finalized on the final site plan of the proposed project. Each
parking space reserved for persons with disabilities shall be identified by a
permanently affixed reflectorized sign constructed of porcelain on steel,
beaded text or equal, displaying the International Symbol of Accessibility.
The sign shall not be smaller than 70 square inches in area and shall be
centered at the interior end of the parking space at a minimum height of 80
inches from the bottom of the sign to the parking space finished grade, or
centered at a minimum height of 36 inches from the parking space finished
grade, ground, or sidewalk. A sign shall also be posted in a conspicuous
place, at each entrance to the off-street parking facility, not less than 17
inches by 22 inches, clearly and conspicuously stating the following:
"Unauthorized vehicles not displaying distinguishing placards or license
plates issued for physically handicapped persons may be towed away at
owner's expense. Towed vehicles may be reclaimed at _ or by
telephoning —"
In addition to the above requirements, the surface of each parking space
shall have a surface identification sign duplicating the symbol of
accessibility in blue paint of at least 3 square feet in size.
Bicycle Racks:
Bicycle racks with a minimum of 2 spaces shall be provided in convenient
locations to facilitate bicycle access to the project area as shown on
APPROVED EXHIBIT A. The bicycle racks shall be shown on project
landscaping and improvement plans submitted for Planning Department
approval, and shall be installed in accordance with those plans.
17. Signage Approved. The following signs have been approved as scaled on
Approved Exhibit E:
• North Elevation (internal)
o No Signage
• West Elevation (Haun Road)
o No-Signage
• East Elevation-Entrance (Freeway)
o TEXAS ROADHOUSE AFFIXED TO BUILDING
• South Elevation (Newport Road)
o TEXAS ROADHOUSE AFFIXED TO BUILDING
• Monument Sign (Haun Road Frontage)
o TEXAS ROADHOUSE CENTER
0 8'x8' monument sign
• Freestanding Project Identification* (Freeway Frontage)
o TEXAS ROADHOUSE
0 35' high sign
*Subject to approval of 2010-201 Specific Plan Amendment
Conditions of Approval for Plot Plan No. 2010-202 8 of 42
No signage other than those listed above, has been approved as part of
this development. No other outdoor advertising display, monument sign,
sign or billboard (not including on-site advertising or directional signs) shall
be constructed or maintained within the property subject to this approval.
Prior to the installation of any additional on-site advertising display or
structure, the developer shall submit a plot plan application for signage,
including applicable deposit based fees, to the City of Menifee Planning
Department for review and approval.
18. Reclaimed Water. The permit holder shall install purple pipes and connect
to a reclaimed water supply for landscape watering purposes when
secondary or reclaimed water is made available to the site.
19. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this plot plan as a principal place of
residence. No person shall be entitled to vote using an address within the
premises as a place of residence.
20. Exterior Noise Levels. Exterior noise levels produced by any use allowed
under this permit, including, but not limited to, any outdoor public address
system, shall not exceed 55 db(A), 10-minute 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.
21. Hours of Construction. Construction activities shall be restricted to the
hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, 8:00 a.m. to 5:00
p.m. on Saturdays and are prohibited on Sundays and federal holidays.
22. Trash Enclosure One (1) trash enclosure which is adequate to enclose a
minimum of three (3) bins shall be located as shown on the APPROVED
EXHIBIT A, and shall be constructed prior to the issuance of occupancy
permits. The trash enclosures shall be architecturally enhanced. The
enclosures shall be a minimum of six (6) feet in height and shall be made
with masonry block and a solid gate which screens the bins from external
view.
23. No Outdoor Storage. No outdoor storage is allowed within the site. No
storage lockers, sheds, metal container bins or metal shipping containers
will be allowed to be kept onsite unless stored within the approved
buildings.
24. Recreational Vehicle Parking. No overnight recreational vehicle parking
or camping will be allowed within the site.
Conditions of Approval for Plot Plan No. 2010-202 9 of 42
25. No Idling. To reduce diesel truck emissions, the project has been
conditioned to install signs in loading areas stating "The driver of a diesel-
fueled motor vehicle with a gross vehicle weight rating (GVWR) greater
than 10,000 pounds is prohibited from idling the vehicle's primary engine for
more than five (5) minutes at any location and may not operate a diesel
fueled auxiliary power system (APS) for more than 5 minutes at any
location within 100 feet of a restricted area (residences). Electrical
connections have been provided for your use. The minimum penalty for an
idling violation is $300.00. To report a violation please contact 1800-END-
SMOG".
26. SCAQMD Rule 402. The project will comply with existing CAQMD Rule
402 which prohibits a person from discharging from any source quantities of
air contaminants or other material which cause injury, nuisance, or
annoyance to any considerable number of persons or to the public.
27. SCAQMD Rule 403. The project will comply with existing SCAQMD Rule
403 for the reduction in fugitive dust emissions.
28. SCAQMD Rule 113. Compliance with SCAQMD 113 on the use of
architectural coatings shall be implemented. Emissions associated with
architectural coatings would be reduced by complying with these rules and
regulations which include using pre-coated/natural-colored building
materials, water-based or low volatile organic compounds (VOC) coating,
and coating transfer or spray equipment with high transfer efficiency.
GEOLOGY
29. The developer shall comply with the recommendations of County Geologic
Report (GEO) No. 2250 submitted for this City of Menifee project (PP 2010-
202). The report was prepared by Terracon and is entitled "Geotechnical
Engineering Report, NEC Haun Road and Newport Road, Menifee,
California, dated June 24, 2010. In addition, Terracon prepared the
following:
"Liquefaction Hazard Potential, Texas Roadhouse, NEC Haun Road and
Newport Road, Menifee California", dated December 29, 2010.
"Response to Review Comments, Proposed Texas Roadhouse, NEC Haun
Road and Newport Road, Menifee, California", dated April 15, 2011.
These documents are herein incorporated as part of GEO02250.
GEO02250 concluded:
a. The San Andreas 1857 Fault is located 4.9 miles from the site.
b. The possibility of surface fault rupture is negligible.
c. The potential for liquefaction at the site is low.
d. The slope stability hazards are negligible.
e. Landslide hazards are negligible.
f. Landslide hazards are negligible.
g. Hazards from rock fall are negligible.
Conditions of Approval for Plot Plan No. 2010-202 10 of 42
h. It is not anticipated that collapsible or expansive soil hazards will
significantly impact the site.
i. Seismically-induced settlement of dry sands is estimated to be
less than 0.125 inch.
j. The site is not located near water bodies that can create a
tsunami or a seiche in an earthquake event.
k. Debris flow hazards are minimal.
GEO02250 Recommended:
a. Foundations may bear on undisturbed native soils, or new
engineered fill if required to raise grades.
b. Areas of loose soils should be surficially compacted prior to
placement of the foundation system.
ARCHEOLOGY
30. Human Remains. If human remains are encountered, State Health and
Safety Code Section 7050.5 states that no further disturbance shall occur
until the Riverside County Coroner has made the necessary findings as to
origin. Further, pursuant to Public Resource Code Section 5097.98(b)
remains shall be left in place and free from disturbance until a final decision
as to the treatment and disposition has been made. If the Riverside County
Coroner determines the remains to be Native American, the Native
American Heritage Commission shall be contacted within 24 hours.
Subsequently, the Native American Heritage Commission shall identify the
"most likely descendant" Within 48 hours. The most likely descendant shall
then make recommendations and engage in consultation concerning the
treatment of the remains as provided in Public Resources Code Section
5097.98.
31. Inadvertent Archeological Find. If during ground disturbance activities,
unique cultural resources are discovered that were not assessed by the
archaeological report(s) and/or environmental assessment conducted prior
to project approval, the following procedures shall be followed. Unique
cultural resources are defined, for this condition, as being multiple artifacts
in close association with each other, but may include fewer artifacts if the
area of the find is-determined to be of significance due to its sacred or
cultural importance in consultation with the Pechanga Band of Luiseno
Mission Indians.
1) All ground disturbance activities within 100 feet of the discovered
cultural resources shall be halted until a meeting is convened between
the developer, the archaeologist, the Native American tribal
representative and the Planning Director to discuss the significance of
the find.
2) At the meeting, the significance of the discoveries shall be
discussed and after consultation with the Native American tribal
representative and the archaeologist, a decision shall be made, with
the concurrence of the Planning Director, as to the appropriate
Conditions of Approval for Plot Plan No. 2010-202 11 of 42
mitigation (documentation, recovery, avoidance, etc.) for the cultural
resources.
3) Grading of further ground disturbance shall not resume within the
area of the discovery until an agreement has been reached by all
parties as to the appropriate mitigation.
LANDSCAPING
32. Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition throughout the life of this plot plan.
To ensure that this occurs, the Planning Department shall require
inspections prior to final inspection and at six month and twelve month
intervals.
33. Maintenance of Landscaping. All landscaping, and similar improvements
not properly maintained by a property owners association or individual
property owners must be annexed into a Lighting and Landscape District, or
other mechanism as determined by the City of Menifee.
FEES:
34. Processing Fees for Subsequent Submittals. Any subsequent submittals
required by these conditions of approval, including but not limited to grading
plan, building plan, elevations, or mitigation monitoring review, shall be
reviewed on an hourly basis (research fee), or other such review fee as
may be in effect at the time of submittal, as required by Riverside County
Ordinance No. 671 (hereinafter Ordinance No. 671) adopted by the City or
a subsequent ordinance. Each submittal shall be accompanied with a letter
clearly indicating which condition or conditions the submittal is intended to
comply with.
Prior to Issuance of Grading Permit
35. Construction Noise. The project developer shall implement noise
mitigation measures during grading.
a. During all Project site excavation and grading, all construction
equipment, fixed or mobile, shall be equipped with properly operating
and maintained mufflers, consistent with the manufactures' standards.
b. All stationary construction equipment shall be placed so that entitled
noise is directed away from the nearest sensitive receptor.
c. During construction, equipment staging areas shall be located in areas
that will create the greatest distance between construction-related noise
sources and noise sensitive receptors.
Conditions of Approval for Plot Plan No. 2010-202 12 of 42
d. Haul truck deliveries shall be limited to the hours of 7:00 am and 7:00
pm, unless otherwise restricted by City staff.
36. Fugitive Dust Control. The project developer shall implement fugitive dust
control measures in accordance with Southern California Air Quality
Management District (SCAQMD) Rule 403. The project developer shall
include in construction contracts the control measures required under Rule
403 at the time of development, including the following:
a. Use watering to control dust generation during demolition of structures
or break-up of pavement. The construction area and vicinity (500-foot
radius) must be swept (preferably with water weepers) and watered at
least twice daily. Site wetting must occur often enough to maintain a 10
percent surface soil moisture content throughout all earth moving
activities. All unpaved demolition and construction areas shall be wetted
at least twice daily during excavation and construction, and temporary
dust covers shall be used to reduce dust emissions and meet SCAQMD
District Rule 403. Wetting could reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least
three times daily;
c. All paved roads, parking and staging areas must be watered at least
once every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of
visible dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and
staging areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either
be covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis
when there is evidence of wind drive fugitive dust;
j. Install wined breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
I. Suspend excavation and grading activity when winds (instantaneous
gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as
to prevent excessive amounts of dust;
Conditions of Approval for Plot Plan No. 2010-202 13 of 42
m. All haul trucks must have a capacity of no less than twelve and three-
quarter(12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from
the site;
q. Install wheel washers for all exiting trucks, or wash off the tires or
tracks of all trucks and equipment leaving the site;
r. All materials transported off-site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first
and second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each
construction site that identifies the permitted construction hours and
provides a telephone number to call and receive information about the
construction project or to report complaints regarding excessive fugitive
dust generation. Any reasonable complaints shall be rectified within 24
hours of their receipt.
PALEONTOLOGY
37.Paleontologist Required. Should paleontological resources be
inadvertently uncovered during ground disturbing and/or construction
activities all work must be halted in the vicinity and a qualified
Paleontologist and the City of Menifee shall be contacted immediately. The
qualified Paleontologist shall observe the find and assess the significance
of the resource. If the paleontological resource is determined to be a
potentially significant resource, the preparation and implementation of a
Phase III Data Recovery Program shall be performed, including the
disposition of recovered artifacts.
FEES
38. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit,
the applicant shall comply with the provisions of Riverside County
Ordinance No. 663 (hereinafter Ordinance No. 663), which generally
requires the payment of the appropriate fee set forth in that ordinance. The
amount of the fee required to be paid may vary depending upon a variety of
factors, including the type of development application submitted and the
applicability of any fee reduction or exemption provisions contained in
Ordinance No. 663. Said fee shall be calculated on the approved
development project which is anticipated to be 2.52 acres (gross) in
accordance with APPROVED EXHIBIT NO. A. If the development is
Conditions of Approval for Plot Plan No. 2010-202 14 of 42
subsequently revised, this acreage amount may be modified in order to
reflect the revised development project acreage amount. In the event
Ordinance No. 663 is rescinded, this condition will no longer be applicable.
However, should Ordinance No. 663 be rescinded and superseded by a
subsequent City mitigation fee ordinance, payment of the appropriate fee
set forth in that ordinance shall be required.
39. Processing Fees. Prior to issuance of grading permits, the Planning
Department shall determine if the deposit based fees for Plot Plan No.
2010-202 are in a negative balance. If so, any outstanding fees shall be
paid by the applicant/developer.
Prior to Issuance of Building Permit
40. Dark Sky Ordinance. All street lights and other outdoor lighting shall be
shown on electrical plans submitted to the Department of Building and
Safety and the Planning Department for plan check approval and shall
comply with the requirements of Menifee Municipal Code Chapter 6.01, the
"Dark Sky Ordinance", and the General Plan.
41. Roof Mounted Equipment Plans. Roof-mounted equipment shall be
shielded from ground view. All building plans shall show all roof-mounted
equipment and methods for screening and shall be submitted to the
Planning Department for review and approval prior to building permit
issuance. Screening material shall be subject to Planning Department
approval. Planning staff will verify that all roof-mounted equipment has
been screened in compliance with the approved plans prior to final
occupancy.
42. Elevations. Elevations of the restaurant building submitted for building plan
check approval shall be in substantial conformance with the elevations
shown on APPROVED EXHIBIT B
43. Floor Plans. Floor plans shall be in substantial conformance with that
shown on APPROVED EXHIBIT C.
44. Submit Elevations. Elevations and floor plans for the future building pad
located in the western most parcel shall be submitted to the Planning
Department for review and approval prior to issuance of a building permit
for that pad/phase.
45. Mitigation Monitoring. The permittee shall prepare and submit a written
report to the Community Development Director demonstrating compliance
with those conditions of approval and mitigation measures of this plot plan
and which must be satisfied prior to the issuance of a building permit.
The Community Development Director may require inspection or other
monitoring to ensure such compliance.
FEES;
Conditions of Approval for Plot Plan No. 2010-202 15 of 42
46. Fees. Prior to issuance of building permits, the Planning Department shall
determine if the deposit based fees for project are in a negative balance. If
so, any outstanding fees shall be paid by the applicant/developer.
47. Perris Union School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
48. Menifee Union School District. Impacts to the Menifee Union School
District shall be mitigated in accordance with California State law.
LANDSCAPING
49. Landscaping Plan. The developer shall submit three (3) sets of Final
Landscaping and Irrigation Plans to the Planning Department for review
and approval. Said plan shall be submitted to the Department in the form of
a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1)
(Plot Plans not subject to the California Environmental Quality Act and not
subject to review by any governmental agency other than the Planning
Department), along with the current fee. The plan shall be in compliance
with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04 and
the conditions of approval. The plan shall show all common open space
areas. The plan shall address all areas and conditions of the project
requiring landscaping and irrigation to be installed including, but not limited
to, (slope planting, common area and/or park landscaping). The plan shall
show all common open space areas. Emphasis shall be placed on using
plant species that are drought tolerant and which have low water usage.
Landscaping and Irrigation Plot Plans shall be prepared consistent with
Menifee Municipal Code Chapter 15.04 (as adopted and any amendments
thereto), the Riverside County Guide to California Landscaping, Eastern
Municipal Water District requirements and Ordinance No. 348, Section
18.12. Landscaping plans for areas that are totally within the road right-of-
way shall be submitted to the Engineer Department only. Slope
Landscaping plans for slopes exceeding 3 feet in height shall be submitted
to the Engineering Department. NOTES: The Landscape plot plan may
include the requirements of any other minor plot plan required by the
subdivision conditions of approval. However, minor plot plan conditions of
approval shall be cleared individually.
The irrigation plan shall be in compliance with Section 18.12 of Ordinance
No. 348, and include a rain shut-off device which is capable of shutting
down the entire system. In addition, the plan will incorporate the use of in-
line check valves, or sprinkler heads containing check valves to prohibit low
head drainage.
If the above mentioned landscaping plans do not include shading and
parking landscaping, prior to issuance of building permits, three (3) copies
of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted
to and approved by the Planning Department. The location, number, genus,
species, and container size of plants shall be shown. Plans shall meet all
applicable requirements of Menifee Municipal Code Chapter 15.04 (as
Conditions of Approval for Plot Plan No. 2010-202 16 of 42
adopted and any amendments thereto), the Riverside County Guide to
California Friendly Landscaping, Eastern Municipal Water District
requirements and Ordinance No. 348, Sections 18.12, and 19.300 through
19.304 and as specified herein. The irrigation plan shall include a smart
controller capable of adjusting watering schedule based on weather data. In
addition, the plan will incorporate the use of in-line check valves, or
sprinkler heads containing check valves to prohibit low head drainage.
A six inch high curb with a twelve (12) inch wide walkway shall be
constructed along planters on end stalls adjacent to automobile parking
areas. Public parking areas shall be designed with permanent curb,
bumper, or wheel stop or similar device so that a parked vehicle does not
overhang required sidewalks, planters, or landscaped areas.
50. Landscape Inspections. Prior to issuance of building permits, the permit
holder shall open a Landscape Deposit Based Fee case and deposit the
prevailing deposit amount to cover the Six Month and One Year Landscape
Inspections. The amount of hours for the Six Month and One Year
Landscape Inspections will be determined by the Planning Department's
Landscape personnel prior to approval of the requisite Minor Plot Plan for
Planting and Irrigation.
51. Performance Securities. Performance securities, in amounts to be
determined by the Director of Community Development to guarantee the
installation of plantings, irrigation system, walls and/or fences, in
accordance with the approved plan, shall be filed with the Department of
Community Development. Securities may require review by City Attorney
and other staff. Permit holder is encouraged to allow adequate time to
ensure that securities are in place. The performance security may be
released one year after structural final, inspection report, and the One-Year
Post Establishment report confirms that the planting and irrigation
components have been adequately installed and maintained. A cash
security shall be required when the estimated cost is $2,500.00 or less.
Prior to Final Inspection
52. Roof Mounted Equipment. Prior to final occupancy, Planning staff will
verify that all roof-mounted equipment has been screened in compliance
with the approved plans.
53. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on APPROVED EXHIBIT B.
54. Phasing. All facilities meant to serve the current phase of development
shall be installed in a usable condition. Project landscaping may not all be
deferred until the final phase.
55. Utilities Underground. All utilities, except electrical lines rated 33 kV or
greater, shall be installed underground. If the permittee provides to the
Department of Building and Safety and the Planning Department a
Conditions of Approval for Plot Plan No. 2010-202 17 of 42
definitive statement from the utility provider refusing to allow underground
installation of the utilities they provide, this condition shall be null and void
with respect to that utility.
56. Condition Compliance. The Planning Department shall verify that the
Development Standards of this approval and all other preceding conditions
have been complied with prior to any use allowed by this permit.
57. Mitigation Monitoring. The permit holder shall prepare and submit a
written report to the Planning Department demonstrating compliance with
all remaining conditions of approval and mitigation measures of this permit.
The Community Development Director may require inspection or other
monitoring to ensure such compliance.
58. Remove Outdoor Advertising. All existing outdoor advertising displays,
signs or billboards shall be removed.
PALEONTOLOGICAL
59. Paleontological Monitoring Report. . Pursuant to Condition No. 25, if
the paleontological resource is determined to be a potentially significant
resource, the preparation and implementation of a Phase III Data Recovery
Program shall be performed, including the disposition of recovered artifacts.
Prior to final inspection, the applicant shall submit to the Planning
Department, two (2) copies of the Paleontology Monitoring Report. The
report shall be certified by a professional paleontologist listed Riverside
County's Paleontology Consultant List.
LANDSCAPING
60. Landscape Inspection. The permit holder's landscape architect
responsible for preparing the Landscaping and Irrigation Plans shall
arrange for an Installation Inspection with the Planning Department at least
fifteen (15) working days prior to final Inspection of the structure or
issuance of occupancy permit, whichever occurs first. Upon successful
completion of the Installation Inspection and compliance, both the Planning
Department's Landscape Inspector and the permit holder's landscape
architect shall execute a Certificate of Completion that shall be submitted to
the Planning Department and the Department of Building and Safety.
61. Landscape Installation. All required landscape planting and irrigation shall
have been installed in accordance with approved Landscaping, Irrigation,
and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted
and any amendments thereto), Eastern Municipal Water District
requirements and the Riverside County Guide to California Landscaping. All
landscape and irrigation components shall be in a condition acceptable to
the Planning Department. The plants shall be healthy and free of weeds,
disease or pests. The irrigation system shall be properly constructed and
determined to be in good working order.
FEES
Conditions of Approval for Plot Plan No. 2010-202 18 of 42
62. Ordinance No. 659 Fee. Prior to the issuance of either a certificate of
occupancy or prior to building permit final inspection, the applicant shall
comply with the provisions of Riverside County Ordinance No. 659
(hereinafter Ordinance No. 659), as adopted by the City which requires the
payment of the appropriate fee set forth in the Ordinance. Ordinance No.
659 has been established to set forth policies, regulations and fees related
to the funding and construction of facilities necessary to address the direct
and cumulative environmental effects generated by new development
projects described and defined in this Ordinance, and it establishes the
authorized uses of the fees collected.
The amount of the fee for commercial or industrial development shall be
calculated on the basis of the 'Project Area," as defined in the Ordinance,
which shall mean the net area, measured in acres, from the adjacent road
right-of-way to the limits of the project development. The Project Area for
Plot Plan No. 2010-202 has been calculated to be 1.76 net acres.
In the event Ordinance No. 659 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 659 be rescinded and
superseded by a subsequent City mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
63. Open Space Fee. Prior to the issuance of a certificate of occupancy, or
upon building permit final inspection prior to use or occupancy for cases
without final inspection or certificate of occupancy (such as an SMP),
whichever comes first, the applicant shall comply with the provisions of
Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810),
which requires the payment of the appropriate fee set forth in the
Ordinance.
The amount of the fee will be based on the 'Project Area" as defined in the
Ordinance and the aforementioned Condition of Approval.
The Project Area for Plot Plan No. 2010-202 is calculated to be 2.52 net
acres.
In the event Ordinance No. 810 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 810 be rescinded and
superseded by a subsequent mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
64. Fees. Prior to issuance of occupancy/final inspections, the Planning
Department shall determine if the deposit based fees for project are in a
negative balance. If so, any outstanding fees shall be paid by the
applicant/developer.
Conditions of Approval for Plot Plan No. 2010-202 19 of 42
Section III :
Engineering/Transportation/
Grading Conditions of Approval
Conditions of Approval for Plot Plan No. 2010-202 20 of 42
The Engineering Department recommends the following conditions of approval for this
project. Unless stated otherwise, all conditions shall be completed by the applicant at no
cost to the City or any other Government Agency:
General Conditions:
63. SCOPE OF PROJECT- This Plot Plan proposes a development for a restaurant
building with an approximate area of 6,995 sq. ft. and a future building pad with a
maximum building area of 9,500 sq. ft. in a 2.52 acre site with two lots. The
project site is located north of Newport Road, on the east side of Haun Road and
west of Interstate 215.
64. PRECEDENCE- If any of the following conditions of approval differ from the
Riverside County General Plan text or exhibits, the conditions enumerated herein
shall take precedence.
65. GRADING INTRODUCTION- Improvements such as grading, filling, over
excavation and re-compaction, and base or paving which require a grading
permit are subject to the included CITY Grading conditions of approval.
66. GENERAL GRADING CONDITIONS - All grading shall conform to the latest
adopted edition of the California Building Code, the City General Plan, The
County Ordinance 457 and all other relevant laws, rules and regulations
governing grading in the City. Ordinance 457 requires a grading permit prior to
clearing, grubbing, or any top soil disturbances related to construction grading
notice: Operators of construction projects are required to comply with the
National Pollutant Discharge Elimination System (NPDES) Construction Permit
from the State Water Resources Control Board (SWRCB). The Construction
Permit requirement applies to this project and the applicant may obtain
compliance by electronically submitting a Notice of Intent (NO[) and monitoring
plan for the construction site. For additional information and to obtain a copy of
the NPDES state construction permit, contact SWRCB.
67. ORDINANCES & LAWS COMPLIANCE-The development of the property shall
be in accordance with the mandatory requirements of all Riverside County
ordinances including Ordinances Nos. 348 and 460 and state laws; and shall
conform substantially to the adopted Riverside County General Plan as filed in
the office of the Riverside County Planning Department, unless otherwise
amended.
68. CONSTRUCTION TIMES OF OPERATION- Any construction within the City
limits located 1/4 of a mile from an occupied residence shall be limited to the
Conditions of Approval for Plot Plan No. 2010-202 21 of 42
hours of 6:30 a.m. to 7:00 p.m., Monday through Saturday, except on nationally
recognized holidays in accordance with Municipal Code Section 8.01.020.
Construction on Sunday or nationally recognized holidays are not permitted
unless prior approval is obtained from the City Building Official or City Engineer.
69. GRADING PERMIT FOR CLEARING & GRUBBING- County Ordinance 457
requires a grading permit prior to clearing, grubbing, or any top soil disturbances
related to construction grading.
70. DUST CONTROL- During the actual grading, all necessary measures to control
dust shall be implemented by the applicant in accordance with AQMD
requirements. A watering device shall be present and in use at the project site
during all grading operations.
71. EROSION CONTROL- Graded but undeveloped land shall provide, in addition to
erosion control planting, any drainage facilities deemed necessary to control or
prevent erosion. Erosion and sediment control BMPs are required year round in
compliance with the State Water Resources Control Board (SWRCB) General
Construction Permit. Additional erosion protection may be required during the
rainy season from October 15 to April 15.
72. SLOPE EROSION CONTROL PLAN- Erosion control - landscape plans,
required for manufactured slopes greater than 3 feet in vertical height, are to be
signed by a registered landscape architect and bonded per the requirements of
Ordinance 457.
73. 21 MAXIMUM SLOPE RATIO- Except for basin slopes, graded slopes shall be
limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless
otherwise approved. Slopes shall be contour graded and be less than 2:1 where
possible to produce a natural appearance.
74. 4:1 MAXIMUM SLOPE RATIO FOR BASIN SLOPES- Basin that may contain
any water shall have side slopes with a maximum steepness ratio of 4:1
(horizontal to vertical) unless otherwise approved.
75. DRAINAGE FACILITIES & TERRACING- Provide drainage facilities and
terracing in conformance with Section J109 of the California Building Code.
76. SLOPE SETBACKS- Observe slope setbacks per Section J108, figure J108.1 of
the California Building Code.
77. GEOTECHNICAL AND SOILS REPORTS- All grading shall be done in
conformance with the recommendations of the included geotechnical/soils
reports.
Conditions of Approval for Plot Plan No. 2010-202 22 of 42
78. GEOTECHNICAL AND SOILS REPORTS SUBMITTALS- Geotechnical/soils
reports shall be submitted to the CITY Engineering Department for approval prior
to issuance of a grading permit. All grading shall be in conformance with the
recommendations of the geotechnical/soils reports as approved by the CITY.* *
The geotechnical/soils, compaction and inspection reports will be reviewed in
accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR
REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS. A pregrading
meeting, certifications, approvals and inspection procedures will be implemented
per the CITY ENGINEERING DEPARTMENT GRADING INSPECTION
PROCESS.
79. 100-YEAR DRAINAGE FACILITIES- All drainage facilities shall be designed to
accommodate 100 year storm flows or as approved by the Riverside County
Flood Control District and the City Engineering Department.
80. MINIMUM DRAINAGE GRADE- Minimum drainage grade shall be 1% except on
Portland cement concrete surfaces where 0.50% shall be the minimum. The
engineer must submit a variance request for design grades less than 1% with a
justification for a lesser grade.
81. MAXIMUM AND MINIMUM GRADE ADVICE - Engineer of record is advised to
not base the design on minimum and maximum grades for ADA and project
grading design to allow for construction tolerances. Any improvement that is out
of the minimum and maximum values will not be accepted by the City Inspector.
It will need to be removed and replaced at owner's expense.
82. PAVING INSPECTIONS- The developer/applicant shall be responsible for
obtaining the paving inspections required by Ordinance 457.
83. ARCHEOLOGY- Given the element of uncertainty of any archaeological survey
due to the "underground" dimension, it is required that should archaeological
materials be found during grading activities, a qualified archaeologist shall be
retained for their evaluation.
84. WATER MAINS & HYDRANTS- All water mains and fire hydrants providing
required fire flows shall be constructed in accordance with the appropriate
sections of Riverside County Ordinance No. 460 and/or No. 787, subject to the
approval by the Riverside County Fire Department and EMWD.
85. PERPETUAL DRAINAGE PATTERNS- The property's grading shall be designed
in a manner that perpetuates the existing natural drainage patterns with respect
to tributary drainage area and outlet points.
86. TRAFFIC SIGNAL MITIGATION PROGRAM- The project proponent shall
participate in the Traffic Signal Mitigation Program as approved by the City
Council. This is included in the Development Impact Fee (DIF) payment.
Conditions of Approval for Plot Plan No. 2010-202 23 of 42
87. DRY UTILITY INSTALLATIONS- Electrical power, telephone, communication,
street lighting, and cable television lines shall be placed underground in
accordance with County of Riverside Ordinance 460 and 461. This also applies
to existing overhead lines which are 34 kilovolts or below along the project
frontages and within the project boundaries if there is any.
88. WQMP. This development is located within the San Jacinto River watershed, and
all onsite storm runoff is tributary to Canyon Lake. In compliance with Santa Ana
Regional Water Quality Control Board Order Number NPDES - R8- 2010 - 0033,
projects submitted within the western region of the unincorporated area of
Riverside County for discretionary approval will be required to comply with the
Water Quality Management Plan for Urban Runoff(WQMP). The WQMP
addresses post-development water quality impacts from new development and
redevelopment projects. The WQMP requirements will vary depending on the
project's geographic location (Santa Ana or Santa Margarita watersheds). The
WQMP provides detailed guidelines and templates to assist the developer in
completing the necessary studies. These documents are available on-line at:
www.floodcontrol.co.riverside.ca.us under Programs and Services, Storm Water
Quality.
89. To comply with the WQMP a developer must submit a "Project Specific" WQMP.
This report is intended to a) identify potential post-project pollutants and
hydrologic impacts associated with the development; b) identify proposed
mitigation measures (BMPs) for identified impacts including site design, source
control and treatment control post-development BMPs; and c) identify
sustainable funding and maintenance mechanisms for the aforementioned
BMPs. A template for this report is included as 'exhibit A' in the WQMP. A final
Project Specific WQMP must be approved by the City Engineering Department
prior to issuance of building or grading permits.
90. Projects requiring Project Specific WQMPs are required to submit a
PRELIMINARY Project Specific WQMP along with the land-use application
package. The format of the PRELIMINARY report shall mimic the
format/template of the final report but can be less detailed. For example, points a,
b & c above must be covered, rough calculations supporting sizing must be
included, and footprint/locations for the BMPs must be identified on the tentative
exhibit. Detailed drawings will not be required. This preliminary project specific
WQMP must be approved by the City prior to issuance of recommended
conditions of approval.
91. BMP Maintenance Agreement — Project owner shall execute and record BMP
Maintenance Agreement upon approval of final WQMP.
92. TRASH ENCLOSURES — Trash enclosures in new developments and
redevelopment projects shall meet new storm water quality standards as follows:
a) They shall have a solid impermeable roof with a minimum
clearance height to allow the bin lid to completely open.
Conditions of Approval for Plot Plan No. 2010-202 24 of 42
b) They shall be constructed of reinforced masonry without wooden
gates. Walls shall be at least 6' high.
c) They shall have a concrete slab floor. The concrete slab shall be
graded to contain any spill within the enclosure.
d) All trash bins in the trash enclosure shall be leak free and shall
have a lid and be continuously closed.
e) The enclosure area shall be protected from receiving direct rainfall
or run-on from collateral surfaces.
Rain water or wastewater runoff from trash enclosure is prohibited. Any
standing liquids must be cleaned up and disposed of properly using a mop
and a bucket or a wet/dry vacuum machine. All non hazardous liquids
without solid trash may be put in the sanitary sewer.
An alternate floor drain from the interior of the enclosure that discharges to
the sanitary sewer may be constructed after obtaining approval by EMWD.
This option requires the following:
a) The trash enclosure shall be lockable and locked when not in use
with a 2-inch or larger brass resettable combination lock. Only the
employees and staff authorized by the enclosure owner shall have
access to it. This requirement may make this option not applicable
to apartment and commercial complexes with multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of
gasses from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection
nearby with an approved backflow preventer. The spigot shall be
protected and located at the rear of the enclosure to prevent
damage from bins.
93. Encroachment Permits — All work to be performed in City, State, or local agency
right-of-way shall obtain all required encroachment permits and clearances prior
to commencement of work.
94. LANDSCAPE IN RIGHT-OF-WAY. Landscaping within public road right-of-way
shall comply with Engineering Department standards and Ordinances 457 and
461 and shall require approval by the Engineering Department. Landscaping
plans shall be submitted on standard City Plan sheet format (24" X 36").
Landscaping plans shall be submitted with the street improvement plans. The
landscaping will consists of trees and shrubs irrigated by drip irrigation systems
all as approved by the City. The use of turf is prohibited along with spray
irrigation. Ordinances 457 and 461 govern the use of landscaping. Assurance of
continuous maintenance is required.
95. LANDSCAPE MAINTENANCE IN RIGTH-OF-WAY - The applicant shall execute
and record an agreement for maintenance of parkways using the city standard
agreement prior to approval of landscape plans in the public right of way fronting
this project.
Conditions of Approval for Plot Plan No. 2010-202 25 of 42
96. ADA COMPLIANCE — ADA path of travel shall be designed at the most
convenient accesses and the shortest distance to the buildings in accordance
with ADA design standards and to the satisfaction of the City Engineer and City
Building Official.
97. FUTURE TRASH ENCLOSURE LOCATION — The location of the future trash
enclosure as shown in the site plan dated 2/24/2001 may obstruct the view of the
ADA path to drivers and is not acceptable. Final location shall be determined at
time of site plan approval for future building. It is suggested to relocate the future
trash enclosure to a midpoint between the parking stalls if it is functional for the
future building. In the mean time this area can be used for parking of motorcycles
or left landscaped as proposed in the Conceptual Landscape Plans.
Prior to Project Approval:
98. GRADING CONDITIONS-Prior to any project approval the development
standards of the City General Plan shall be reviewed and complied with.
99. PLAN SUBMITTALS- All final engineering plans shall have the latest City format.
Three (3) copies of the improvement plans, the grading plans and any other
necessary documentation along with supporting hydrologic and hydraulic
calculations shall be submitted to the CITY Engineering Department for review.
The plans shall receive CITY approval prior to issuance of grading and
construction permits. All submittals shall be date-stamped by the engineer and
include the appropriate plan check fee deposits.
100. Sidewalk in public streets shall be totally in the public right of way. Additional
right of way dedication may be needed depending of the final design of driveway
approaches.
Prior to Grading Permit Issuance:
101. GRADING BONDS-Grading in excess of 199 cubic yards will require a
performance security to be posted with the CITY Engineering Department.
102. GRADING CONDITIONS- Prior to issuance of a grading permit, all certifications
affecting grading shall have written clearances. This includes but is not limited to
additional Environmental Assessments, Erosion Control plans, additional
geotechnical and soils reports, Departmental clearances and the amount being
graded. Prior to commencing any grading in excess of 50 cubic yards, the
applicant shall obtain a grading permit and approval to construct from the CITY
Engineering Department. Landscape plans are to be signed and bonded per the
requirements of Ordinance 457. Grading in excess of 199 cubic yards will require
performance security to be posted with the CITY Engineering Department. In
instances where a grading plan involves import or export, prior to obtaining a
grading permit, the applicant shall have obtained approval for the import/export
Conditions of Approval for Plot Plan No. 2010-202 26 of 42
location from the Engineering Department. A slope stability report shall be
submitted to the Engineering Department for all proposed cut and fill slopes
steeper than 2:1 (horizontal: vertical) or over 10 feet in vertical height.
103. SITE DRAINAGE-1. Positive drainage of the site shall be provided, and water
shall not be allowed to pond behind or flow over cut and fill slopes. Where water
is collected in a common area and discharged, protection of the native soils shall
be provided by planting erosion resistant vegetation, as the native soils are
susceptible to erosion by running water. 2. Maximum inclination of all cut and fill
slopes shall be 2 horizontal to 1 vertical with an 18-inch top of slope shelf and toe
of slope offset from walls, curbs, etc. The shelf shall have a positive grade of
2%. 3. Final determination of the foundation characteristics of soils within on-site
development areas shall be performed by a geotechnical engineer.
104. NPDES/SWPPP REQUIREMENT- This project will disturb one (1) more acres or
is part of a larger project that will disturb one (1) or more acres. Prior to issuance
of any grading or construction permits - whichever comes first, the applicant is
required to comply with the State Water Resources Control Board Order Number
2009-0009-DWQ (NPDES No. CAS000002) for the National Pollutant Discharge
Elimination System Construction General. Clearance for grading shall not be
given until the City Engineering Department has determined that the project
applicant has complied with such Order. A Storm Water Pollution Prevention
Plan (SWPPP) shall be submitted to the City Engineering Department for review
prior to be certified by the legal responsible person in the SMARTS system. It
should include a copy of the WDID letter from the Board.
105. IMPORT/EXPORT- In instances where a grading plan involves import or export,
prior to obtaining a grading permit, the applicant shall have obtained approval for
the import/export location from the CITY Engineering Department. Additionally, if
either location was not previously approved by an Environmental Assessment,
prior to issuing a grading permit a Grading Environmental Assessment shall be
submitted to the CITY Engineering Department for review and comment and to
the Menifee City Engineer for approval.
106. GEOTECHNICAL/SOILS REPORTS- Geotechnical soils reports, required in
order to obtain a grading permit, shall be submitted to the CITY Engineering
Department for review and approval prior to issuance of a grading permit. All
grading shall be in conformance with the recommendations of the
geotechnical/soils reports as approved by the CITY.* *The geotechnical/soils,
compaction and inspection reports will be reviewed in accordance with the
RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OF
GEOTECHNICAL AND GEOLOGIC REPORTS.
107. OFFSITE GRADING AND COSTRUCTION EASEMENTS- Prior to the issuance
of a grading permit, it shall be the sole responsibility of the owner/applicant to
obtain any and all proposed or required easements and/or permissions
necessary to perform the grading and construction herein proposed.
108. PLAN SUBMITTALS- Two (2) copies of the improvement plans, grading plans
and any other necessary documentation along with supporting hydrologic and
Conditions of Approval for Plot Plan No. 2010-202 27 of 42
hydraulic calculations shall be submitted to the CITY Engineering Department for
review. The plans shall receive CITY approval prior to issuance of grading
permits. All submittals shall be date stamped by the engineer and include the
appropriate plan check fee deposits.
109. A Final WQMP shall be submitted for review and approval by the CITY
Engineering Department for all ongoing drainage facilities and maintenance.
110. MS4 ON-SITE RETENTION-The CITY Engineering Department requires that the
finished site drainage facilities and/or BMPs retain a maximum of 0.75 inches
times the net area of the site in a bio-retention BMP facility.
111. CONSTRUCTION TRAFFIC CONTROL PLAN- Prior to commencement of
construction of any kind, the applicant shall submit to the City Engineering
Department for approval a Construction Traffic Control Plan in compliance with
the latest CA MUTCD standards. This plan shall address impacts from truck
traffic, noise, and dust and shall propose measures to minimize these effects on
the surrounding residences and provide for safe use of the roads during
construction. Included in this plan shall be the Traffic Safety Plan for construction
impacts in the road right-of-way. This plan shall specify, for each phase, what
measures are required to mitigate the following:
a. Dust and dirt fallout from truck loads and from entrainment onto county
roadways. Street sweeping is required biweekly during construction
activity and daily during all grading operations. Corrugated steel panels,
gravel, and wheel washing BMPs shall be installed at all approved
construction entrances as part of the SWPPP.
b. Noise mitigation from truck traffic, including timing of construction, and
operation of vehicles through the surrounding residential streets.
c. Traffic safety within the road right-of-way including temporary traffic
control measures and devices.
Prior to Building Permit Issuance:
112. GRADING CONDITIONS- PRIOR TO ISSUANCE OF ANY BUILDING
PERMITS: The property owner shall obtain a grading permit and approval to
construct from the CITY Engineering Department.
113. PARKWAY DRAINS-The applicant shall provide applicable parkway drains to
channel site water to the new street curb lines per Riverside County Standard
No. 308.
114. CONFORM TO ELEVATIONS/GEOTECHNICAL COMPACTION- Rough Grade
Elevations of all building pads and structure pads submitted for grading plan
check approval shall be in substantial conformance with the elevations shown on
the approved Grading Plans. The appropriate Engineer-of-Record Rough Grade
Certification (City format) shall be submitted for verification/acceptance to the
CITY Engineering Department. The appropriate Engineer-of-Record Compaction
Testing Certification meeting compliance with the approved project
geotechnical/soils report shall be submitted for verification/acceptance to the
CITY Engineering Department.
Conditions of Approval for Plot Plan No. 2010-202 28 of 42
115. TRAFFIC SIGNAL MITIGATION FEE/COMM-INDUST- In accordance with
Riverside County Ordinance No. 748, this project shall be responsible for Signal
Mitigation Program fees in effect at the time of occupancy or final building permit,
or any use allowed by this permit. Said fee shall be based upon the following
criteria: Industrial/per net acreage, the project net acreage is 2.52 acres.
Prior to Certificate of Occupancy:
116. PLANT & IRRIGATED SLOPES- GRADING CONDITIONS TO BE FULFILLED
PRIOR TO FINAL OCCUPANCY APPROVAL: Plant and irrigate all slopes
greater than or equal to 3' in vertical height with grass or ground cover. Slopes
that exceed 15' in vertical height are to be provided with shrubs and/or trees per
county ordinance 457.
117. CONFORM TO ELEVATIONS - Final Grade Elevations of all building finish floors
and structure finish floors submitted for grading plan check approval shall be in
substantial conformance with the elevations shown on the approved Grading
Plans. The appropriate Engineer-of-Record Final Grade Certification (City
format) shall be submitted for verification/acceptance to the CITY Engineering
Department.
118. Fees - Applicant shall pay fees as applicable into the regional transportation
funding programs for off-site improvements. The regional transportation funding
programs include the Transportation Uniform Mitigation Fee (TUMF), the Traffic
Signal Mitigation Fees and the Development Impact Fees (DIF).
119. RECIPROCAL ACCESS AND PARKING EASEMENT — Applicant shall provide
evidence of a reciprocal access and parking easements with the parcels around
this project with common vehicular access.
120. HAUN ROAD STRIPING AND INDUCTIVE LOOP MODIFICATION — Developer
shall pay $12,000 to the City of Menifee as agreed per Memorandum of
Understanding dated May 13, 2011 for the modification of the existing striping
and inductive loops in Haun Road to provide two southbound left turn lanes.
Upon payment, the City will assume responsibility for design and construction,
and the Developer will have no additional cost for this requirement.
Conditions of Approval for Plot Plan No. 2010-202 29 of 42
Section IV:
NPDES and Water Quality
Compliance Conditions of
Approval
Conditions of Approval for Plot Plan No. 2010-202 30 of 42
General Conditions
121. Storm Flows. The 10 year storm flow shall be contained within the curb
and the 100 year storm flow shall be contained within the street right of
way. When either of these criteria is exceeded, additional drainage facilities
shall be installed. The property shall be graded to drain to the adjacent
street or an adjacent outlet.
Drainage facilities outletting sump conditions shall be designed to convey
the tributary 100 year storm flows. Additional emergency escape shall also
be provided.
122. Perpetuate and Coordinate Drainage. The property's grading shall be
designed in a manner that perpetuates the existing natural drainage
patterns with respect to tributary drainage area, outlet points and outlet
conditions; otherwise, a drainage easement shall be obtained from the
affected property owners for the release of concentrated or diverted storm
flows. A copy of the recorded drainage easement shall be submitted to the
District for review.
Development of this property shall be coordinated with development of
adjacent properties to ensure that watercourses remain unobstructed and
storm water flows are not diverted from one watershed to another. This may
require the construction of temporary drainage facilities or offsite
construction and grading. A drainage easement shall be obtained from the
affected property owners for the release of concentrated or diverted storm
flows. A copy of the recorded drainage easement shall be submitted to the
District for review.
123. WQMP. In compliance with Santa Ana Regional Water Quality
Control Board Order Number NPDES - R8- 2010 - 0033, projects
submitted within the western region of the unincorporated area of
Riverside County for discretionary approval will be required to comply
with the Water Quality Management Plan for Urban Runoff (WQMP).
The WQMP addresses post-development water quality impacts from
new development and redevelopment projects. The WQMP
requirements will vary depending on the project's geographic location
(Santa Ana, Santa Margarita or Whitewater River watersheds). The
WQMP provides detailed guidelines and templates to assist the
developer in completing the necessary studies. These documents are
available on-line at: www.floodcontrol.co.riverside.ca.us under
Programs and Services, Storm Water Quality.
Conditions of Approval for Plot Plan No. 2010-202 31 of 42
The developer has submitted a report that meets the criteria for a
preliminary project specific WQMP; however, additional revisions to the
PWQMP will be required prior to Final WQMP approval. The primary BMPs
proposed for this site are bio-retention cells with others also being
proposed. The final design including location, calculations, details and
specifications for all BMPs treating drainage from this project shall be
addressed in the Final WQMP during the plan check phase to the
satisfaction of the City Engineer.
124. BMP Maintenance. This project proposes BMP facilities that will require
maintenance by public agency or commercial property owner association.
To ensure that the public is not unduly burdened with future costs, prior to
final approval or recordation of this case, the District will require an
acceptable financial mechanism be implemented to provide for
maintenance of treatment control BMPs in perpetuity. This may consist of a
mechanism to assess individual benefiting property owners, or other means
approved by the District. The site's treatment control BMPs must be shown
on the project's improvement plans - either the street plans, grading plans,
or landscaping plans. The type of improvement plans that will show the
BMPs will depend on the selected maintenance entity.
The BMP maintenance plan shall contain provisions for all treatment
controlled BMPs to be inspected, and if required, cleaned no later than
October 15 each year. Required documentation shall identify the entity that
will inspect and maintain all structural BMPs within the project boundaries.
A copy of all necessary documentation shall be submitted to the District for
review and approval prior to the issuance of occupancy permits.
125. Phasing. If the development of the site is constructed in phases, the first
phase of the development must construct all the water quality mitigation
features for the entire site. Alternatively, a WQMP feature to serve a
specific phase of a project can be constructed either 1) within the limits of
the phase or 2) outside of the boundaries of the phase. In the case of the
latter, the BMP shall be constructed within an easement and this easement
shall be recorded.
It should be noted that future phases of the development will be required to
provide not only any water quality mitigation features required for that
particular development but must also account for the mitigation features
located on that particular site. All mitigation features shall comply with the
current regulations of the Regional Water Quality Board.
Prior to Issuance of Grading Permit
126. Improvement Plans. A copy of the improvement plans, grading plans, BMP
improvement plans and any other necessary documentation along with
supporting hydrologic and hydraulic calculations shall be submitted to the District
for review. The plans must receive District approval prior to the issuance of
grading permits. All submittals shall be date stamped by the engineer and include
Conditions of Approval for Plot Plan No. 2010-202 32 of 42
a completed Flood Control Deposit Based Fee Worksheet and the appropriate
plan check fee deposit.
127. Erosion Control. Temporary erosion control measures shall be implemented
immediately following rough grading to prevent deposition of debris onto
downstream properties or drainage facilities. Plans showing these measures
shall be submitted to the District for review.
128. Offsite Drainage. Offsite drainage facilities shall be located within dedicated
drainage easements obtained from the affected property owner(s). Document(s)
shall be recorded and a copy submitted to the District prior to issuance of
permits. If the developer cannot obtain such rights, the project shall be
redesigned to eliminate the need for the easement.
129. Written Permission for Off-site. Written permission shall be obtained from the
affected property owner(s) allowing the proposed grading and/or facilities to be
installed outside of the project boundaries. A copy of the written authorization
shall be submitted to the District for review and approval.
130. WQMP. A copy of the project specific WQMP shall be submitted to the City for
review and approval. All BMP features, including maintenance responsibility
shall be shown on the grading plans.
Prior to Issuance of Buildinq Permit
131. Improvement Plans. A copy of the improvement plans, grading plans, BMP
improvement plans and any other necessary documentation along with
supporting hydrologic and hydraulic calculations shall be submitted to the District
for review. The plans must receive District approval prior to the issuance of
building permits. All submittals shall be date stamped by the engineer and
include a completed Flood Control Deposit Based Fee Worksheet and the
appropriate plan check fee deposit.
132. WQMP. A copy of the project specific WQMP shall be submitted to the District for
review and approval. All BMP features shall be shown on the grading plans.
Prior to Building Final Inspection
133. BMP Education. The developer shall distribute environmental awareness
education materials on general good housekeeping practices that contribute to
protection of storm water quality to all initial users. The developer may obtain
NPDES Public Educational Program materials from the Riverside County
Flood Control District's NPDES Section by either the District's website
www.floodcontrol.co.riverside.ca.us, e-mail fcnpdesCa)-co.riverside.ca.us, or
the toll free number 1-800-506-2555. Please provide Project number,
number of units and location of development. Note that there is a five-day
minimum processing period requested for all orders.
Conditions of Approval for Plot Plan No. 2010-202 33 of 42
The developer must provide to the District's PLAN CHECK Department a
notarized affidavit stating that the distribution of educational materials to the
tenants is assured prior to the issuance of occupancy permits.
134. BMP Installation. All structural BMPs described in the project-specific WQMP
shall be constructed and installed in conformance with approved plans and
specifications. It shall be demonstrated that the applicant is prepared to
implement all non-structural BMPs described in the approved project specific
WQMP and that copies of the approved project-specific WQMP are available for
the future owners/occupants. The District will not release occupancy permits for
any portion of the project exceeding 80% of the project area prior to the
completion of these tasks.
135. BMP Maintenance and Inspections. The BMP maintenance plan shall contain
provisions for all treatment controlled BMPs to be inspected, and if required,
cleaned no later than October 15 each year. Required documentation shall
identify the entity that will inspect and maintain all structural BMPs within the
project boundaries. A copy of all necessary documentation shall be submitted to
the District for review and approval prior to the issuance of occupancy permits.
Conditions of Approval for Plot Plan No. 2010-202 34 of 42
Section V:
Riverside County Fire Department
Conditions of Approval
General Conditions
136. Blue Retro-Reflective Makers. Blue retro-reflective pavement markers
shall be mounted on private street, public streets and driveways to indicate
location of fire hydrants. Prior to installation, placement of markers must be
approved by the Riverside County Fire Department.
Conditions of Approval for Plot Plan No. 2010-202 35 of 42
137. Minimum Fire Flow. Minimum required fire flow shall be 1500 GPM for a
2 hour duration at 20 PSI residual operating pressure, which must be available
before any combustible material is placed on the job site. Fire flow is based on
type VB construction per the 2010 CBC and Ordinance 787; Building(s) having a
fire sprinkler system.
138. Fire Hydrants. Super fire hydrants, on a looped system (6"x4"x 21/2 x 2
1/2"), shall be located not less than 25 feet or more than 165 feet from any
portion of the building as measured along approved vehicular travel ways.
Prior to Issuance of Building Permit
139. Plan Check Fee. Building Plan check deposit base fee of $307 to
$1,056, shall be paid in a check or money order to the Riverside County Fire
Department after plans have been approved by our office.
140. Water Plans. The applicant or developer shall separately submit two
copies of the water system plans to the Fire Department for review and approval.
Calculated velocities shall not exceed 100 feet per second.
Plans shall conform to the fire hydrant types, location and spacing, and the
system shall meet the fire flow requirements. Plans shall be signed and
approved by a registered civil engineer and the local water company with
the following certification: "I certify that the design of the water system is in
accordance with the requirements prescribed by the Riverside County Fire
Department."
Prior to Building Final Inspection
141. Fire Lanes. The applicant shall prepare and submit to the Fire
Department for approval, a site plan designating required fire lanes with
appropriate lane painting and/or signs.
142. Sprinkler System. Install a complete fire sprinkler system per NFPA 13
2010 edition (13D and 13R systems are not allowed) in all buildings requiring a
fire flow of 1500 GPM or greater. Sprinkler system(s) with pipe sizes in excess of
4" in diameter will require-the project structural engineer to certify (wet signature)
the stability of the building system for seismic and gravity loads to support the
sprinkler system. All fire sprinkler risers shall be protected from any physical
damage. The post indicator valve and fire department connection shall be
located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from
the building(s). A statement that the building(s) will be automatically fire sprinkled
must be included on the title page of the building plans. Applicant or developer
shall be responsible to install a U.L. Central Station Monitored Fire Alarm
System. Monitoring system shall monitor the fire sprinkler system(s) water flow,
P.I.V.'s and all control valves. Plans must be submitted to the Fire Department for
approval prior to installation. Contact fire department for guideline handout
143. Fire Extinguishers. Install portable fire extinguishers with a minimum
rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall
Conditions of Approval for Plot Plan No. 2010-202 36 of 42
be in recessed cabinets mounted 48" (inches) to center above floor level with
maximum 4" projection from the wall. Contact Fire Department for proper
placement of equipment prior to installation.
144. Hood Ducts. A U.L. 300 Hood Duct fire extinguishing system must be
installed over the cooking equipment. Wet chemical extinguishing system must
provide automatic shutdown of all electrical components and outlets under the
hood upon activation. System must be installed by a licensed C-16 contractor.
Plans must be submitted with current fee of$215.00 to the Fire Department
for review and approval prior to installation. Note: a dedicated alarm
system is not required to be installed for the exclusive purpose of
monitoring the suppression system. However, a new or pre-existing alarm
system must be connected to the extinguishing system. Separate fire
alarm/monitoring plans must be submitted for review prior to connection.
Current plancheck deposit base fee is $192.00.
Conditions of Approval for Plot Plan No. 2010-202 37 of 42
Section VI :
Riverside County Environmental
Health Conditions of Approval
Conditions of Approval for Plot Plan No. 2010-202 38 of 42
General Conditions
145. Developer Shall Comply with EMWD Requirements. Plot Plan No.
2010-202 is proposing Eastern Municipal Water District (EMWD) water and
sewer service. It is the responsibility of the developer to ensure that all
requirements to obtain water and sewer service are met with EMWD, as well as,
all other applicable agencies. Any existing septic system(s) must be properly
abandoned or removed under permit with the Department of Environmental
Health (DEH).
146. Food Facilities Food facilities require a total of three (3) complete sets
of plans for each food establishment including a fixture schedule, a finish
schedule and a plumbing schedule in order to ensure compliance with all State
and County regulations
Conditions of Approval for Plot Plan No. 2010-202 39 of 42
Section VII :
Riverside Countv Environmental
Programs Department
Conditions of Approval
Conditions of Approval for Plot Plan No. 2010-202 40 of 42
147. Burrowing Owl Survey. Per PDB05206 Pursuant to Objective 6 of the
Species Account for the Burrowing Owl included in the Western Riverside County
Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance
of a grading permit, a pre-construction presence/absence survey for the
burrowing owl shall be conducted by a qualified biologist and the results of this
presence/absence survey shall be provided in writing to the County Biologist. If it
is determined that the project site is occupied by the Burrowing Owl, take of
"active" nests shall be avoided. However, when the Burrowing Owl is present,
active relocation outside of the nesting season (March 1 through August 15) by a
qualified biologist shall be required. The County Biologist shall be consulted to
determine appropriate translocation sites. Occupation of this species on the
project site may result in the need to revise grading plans so that take of "active"
nests is avoided or alternatively, a grading permit may be issued once the
species has been actively relocated.
Conditions of Approval for Plot Plan No. 2010-202 41 of 42
The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
Signed Date
Name (please print) Title (please print)
Conditions of Approval for Plot Plan No. 2010-202 42 of 42