2014-158 Heritage Square Shopping Center ORDINANCE No. 2014-158
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND
BETWEEN CITY OF MENIFEE AND HERITAGE SQUARE, L.P. FOR THE
HERITAGE SQUARE SHOPPING CENTER
WHEREAS, on March 5, 2014, Heritage Square L.P. applied to the City of Menifee for the
approval of a Development Agreement for its Heritage Square Shopping Center project (PP 2009-
051), which consists of a total of 132,580 square feet of commercial retail uses (the "Project') on
approximately 15.58 gross acres within the City; and
WHEREAS, the Heritage Square Shopping Center is located at the northwest corner of McCall
Boulevard and Menifee Road, City of Menifee; and
WHEREAS, City staff developed and negotiated a draft Development Agreement by and
between the City of Menifee and the Landowners for the Heritage Square project (Development
Agreement) for consideration; and
WHEREAS, the City Council has reviewed this matter and prepared a report containing a
detailed description and analysis of the proposed Development Agreement, (a copy of the report is
on file with the City Clerk and incorporated herein by this reference as if set forth in full); and
WHEREAS, the Development Agreement has been prepared, processed, reviewed,
heard, and approved in accordance with applicable law, including but not limited to Section 65864
et seq. of the Government Code; and
WHEREAS, the Development Agreement would promote the public convenience, general
welfare, and good land use practices, and is in the best interest of the community; and
WHEREAS, the Development Agreement would not adversely affect the orderly
development of property and surrounding area, or the preservation of property values; and
WHEREAS, the Development Agreement would promote and encourage the development
of the proposed project by providing a greater degree of requisite certainty; and
WHEREAS, the Development Agreement strengthens the public planning process,
encourages private participation in comprehensive planning, and reduces the economic costs of
development uncertainty; and
WHEREAS, the Development Agreement is compatible with the uses authorized in, and
the regulations prescribed for, the land use district in which the real property is located, including
any policy plan overlay applicable to the property; and
WHEREAS, approval of the Development Agreement could provide a substantial benefit
to the community; and
WHEREAS, the Development Agreement would not be detrimental to the public health,
safety or welfare of the community; and
WHEREAS, the Development Agreement has been reviewed under the provision and
requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, on August 12, 2014, the Planning Commission held a duly noticed public
hearing at which the Planning Commission considered the proposed Development Agreement
and those persons desiring to be heard on this matter were heard and evidence in this matters
received; and
WHEREAS, at its August 12, 2014 public hearing, the Planning Commission found that
the proposed Development Agreement was consistent with the General Plan and adopted
Commission Resolution No. PC 14-179 recommending approval to the City Council of an
ordinance approving the Development Agreement; and
WHEREAS, the City Clerk has caused notice to be duly given of a public hearing in this
matter in accordance with law, as evidenced by the affidavit of publication and the affidavit of
mailing on file with the City Clerk; and
WHEREAS, a copy of the report has been on file in the Office of the City Clerk and
available for examination during regular business hours by any interested person, at all times
since the date of giving notice in this matter; and
WHEREAS, on September 17, 2014, the City Council held a duly noticed public hearing
regarding the proposed Development Agreement and those persons desiring to be heard on
this matters were heard and evidence in this matters received and on the noted date the hearing
was opened, and continued to October 1, 2014; and
WHEREAS, on October 1, 2014, the City Council held the continued open public hearing
on the Development Agreement and those persons desiring to be heard on the matters were
heard and evidence in this matters received and on the noted date the hearing was held and
closed.
NOW, THEREFORE, the City Council of the City of Menifee does ordain as follows:
Section 1. The Development Agreement has been prepared, processed, reviewed,
heard and approved in accordance with applicable State law, including, but not limited to, Section
65864 et seq. of the Government Code,
Section 2. That the City Council finds that no further environmental review is required
because: (a) all potentially significant effects of the proposed project have been adequately
analyzed in an earlier MND (EA41320) adopted by the City of Menifee pursuant to applicable
legal standards; (b) all potentially significant effects of the proposed project have been avoided
or mitigated pursuant to that earlier MND; (c) the proposed project will not result in any new
significant environmental effects not identified in the earlier MND; (d)the proposed project will not
substantially increase the severity of the environmental effects identified in the earlier MND; (e)
no considerably different mitigation measures have been identified; and, (f) no mitigation
measures found infeasible have become feasible. Therefore the Development Agreement is
exempt from further environmental review and staff is authorize to sign and forward a Notice of
Determination.
Section 3. The Development Agreement set forth on Exhibit "1" is found to be consistent
with the goals and policies of the General Plan.
Section 4. The Development Agreement is applicable to the area of the City of Menifee
as legally described in the Development Agreement.
Section 5. The City Manager, or his or her delegate, is directed and authorized to do all
of the following:
a. Prepare a final version of the Development Agreement for execution and recording
that fully reflects the action of the City Council in adopting the Development
Agreement; and
b. Make all necessary and appropriate clerical, typographical and formatting
corrections to the adopted Development Agreement prior to execution and
recording.
Section 6. Notice of Adoption. The City Clerk of the City of Menifee shall certify to the
adoption of this Ordinance.
Section 7. Effective Date. This Ordinance shall take effect and be in full force and
operation thirty (30) days after its adoption by City Council.
Section 8. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance or the application thereof to any person or circumstance is, for any reason, held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council
declares that it would have adopted this Ordinance, and each and every section, subsection,
sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more section,
subsection, sentence, clause, phrase or portion thereof be declared invalid or unconstitutional.
Section 9. City Clerk Action. The City Clerk of the City of Menifee is authorized and
directed to cause this Ordinance to be published within fifteen (15) days after its passage in a
newspaper of general circulation and circulated within the City in accordance with Government
Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law
using the alternative summary and posting procedure authorized under Government Code
Section 36933(c).
This Ordinance was introduced and read on the1s' day OCTOBER, 2014 and PASSED,
APPROVED AND ADOPTED THIS 15th day of October, 0
Scott A. Mann, Mayor
Approved as to form:
Je . M fling, City Attor y
CERTIFICATE OF ATTES ION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the attached
Ordinance No. 2014-158 to be the original ordinance adopted by the City Council of the City of
Menifee on the 151h day of October, 2014 and that said Ordinance was published in accordance
with the law on a vote as follow:
Date: Let
Kathy Bennett, City Clerk
Vote:
Ayes: August, Denver, Edgerton, Fuhrman, Mann
Noes: None
Abstain: None
Absent: None
Exhibit I": Development Agreement by and between the City of Menifee and Heritage Lakes,
L.P. Regarding the Heritage Lakes Shopping Center project.
Recording Requested by And
When Recorded Return to:
City of Menifee
29714 Haun Road
Menifee, CA 92586
Attn: City Clerk
(Space Above This Line for Recorder's Office Use Only)
(Exempt from Recording Fee per Gov. Code§ 6103)
DEVELOPMENT AGREEMENT
This Development Agreement (hereinafter "Agreement") is entered into this _ day of
2014, (hereinafter the "Effective Date") by and between the CITY OF
MENIFEE, a municipal corporation (hereinafter "City"), and Heritage Square, L.P., a California
limited partnership, ("hereinafter "Developer").
RECITALS
A. California Goverranent Code Sections 65864 et seq. ("Development Agreement
Law") authorizes cities to enter into binding development agreements with persons having a
legal or equitable interest in real property for the development of such property, all for the
purpose of strengthening the public planning process, encouraging private participation and
comprehensive planning and identifying the economic costs of such development.
B. Developer is the owner of legal and/or equitable interests in certain real property
legally described in Exhibit "A" attached hereto and incorporated herein (the "Property"), and
thus qualifies to enter into this Agreement in accordance with Development Agreement Law.
C. Developer and City agree that a development agreement should be approved and
adopted for this Property in order to memorialize the property expectations of City and
Developer as more particularly described herein.
D. The City Council has found that this Agreement is in the best public interest of
the City and its residents, adopting this Agreement constitutes a present exercise of the City's
police power, and this Agreement is consistent with the City's General Plan. This Agreement and
the proposed Project (as hereinafter defined) will achieve a number of City objectives, including the
orderly development of the Property; the providing of public benefits to the City and its residents
through public improvements, improvements to the Property, and street improvements in acid
around the Property.
E. City finds and determines that all actions required of City precedent to approval of
this Agreement by Ordinance No.2014-158 of the City Council have been duly and regularly
taken.
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COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged,the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. This Agreement uses a number of terms having specific meanings,
as defined below. These specially defined terms are distinguished by having the initial letter
capitalized, when used in the Agreement. The defined terms include the following:
1.1.1 "Agreement" means this Development Agreement and all attachments and
exhibits hereto.
1.1.2 "City"means the City of Menifee, a municipal corporation.
1.1.3 "City Council" means the City Council of the City.
1.1.4 "Developer"means Heritage Square, L.P., a California limited partnership,
and its successors and assigns to all or any part of the Property.
1.1.5 "Development" means the improvement of the Property for the purposes of
completing the structures, improvements and facilities comprising the Project including, but
not limited to: grading; the construction of infrastructure related to the Project whether located
within or outside the Property; the construction of buildings and structures; and the installation
of landscaping and other facilities and improvements necessary or appropriate for the Project,
and the maintenance, repair, or reconstruction of any building, structure, improvement,
landscaping or facility after the construction and completion thereof on the Property.
1.1.6 "Development Approvals" means all site-specific (meaning specifically
applicable to the Property only and not generally applicable to some or all other properties within
the Cit 1
City) plans, maps, permits, and entitlements to use of every y kind and nature, including the
following:
1.1.7 Development Approvals include, but are not limited to, general plan
amendments, specific plans, site plans, tentative and final subdivision maps, design guidelines,
variances, zoning designations, conditional use permits, grading, building, and other similar
permits, the site-specific provisions of general plans, environmental assessments, including
environmental impact reports and negative declarations, and any amendments or modifications to
those plans, maps, permits, assessments and entitlements. The term Development Approvals does
not include (i) rules, regulations, policies, and other enactments of general application within the
City, or (ii) any matter where City has reserved authority Linder Article 3.0.
1.1.8 "Development Plan" means the plans and conditions of approval for
Development of a portion of the Property pursuant to the Development Approvals and
Developer's applications for Tentative Parcel Map 34998, Plot Plan No. 2009-051, Conditional
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Use Permits Nos. 3549, 2009-102, 2009-103 adopted on June 1, 2010 and Change of Zone No.
7501 adopted on June 15, 2010. Conceptual drawings of the project and the conditions of
approval are attached hereto as Exhibit"A."
1.1.9 "Effective Date" means the effective date of the ordinance of the City
enacting this Agreement as signed by Developer and City.
1.1.10 "Existing Land Use Regulations" means the Land Use Regulations
which have been adopted and are effective on or before the Effective Date of this Agreement.
1.1.11 "Land Use Regulations" means all ordinances, laws, resolutions, codes,
rules, regulations, policies, requirements, guidelines or other actions of City, including but not
limited to the City's General Plan, any applicable Specific Plan, and Municipal Code and Zoning
Code and including all development impact fees (except as otherwise provided in Section 3.5),
which affect, govern or apply to the development and use of the Property, including, without
limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the
maximum height and size of proposed buildings, the provisions for reservation or dedication of
land for public purposes, and the design, improvement and construction standards and
specifications applicable to the Development of the Property, subject to the terms of this
Agreement. The term Land Use Regulations does not include, however, regulations relating to
the conduct of business, professions, and occupancies generally; taxes and assessments;
regulations for the control and abatement of nuisances; uniform codes; utility easements;
encroachment and other permits and the conveyances of rights and interests which provide for the
use of or entry upon public property; any exercise of the power of eminent domain; health and
safety regulations; environmental regulations; or similar matters or any other matter reserved to
the City pursuant to Article 3.
1.1.12 `Lender" means a mortgagee of a mortgage, a beneficiary under a deed
of trust or any other security device including a promissory note, or each of their respective
successors and assigns.
1.1.13 "Project" means the Development of the Property consistent with the
Development Plan and this Agreement.
1.1.14 "Property" means the real property described in and shown in
Exhibit"A."
1.1.15 "Public Improvements" means the lands and facilities, both on-site and
off-site, to be improved and constructed by Landowners, and publicly dedicated or made available
for public use, as provided by the Project Approvals and this Agreement. Public Improvements
consist of all right-of-way improvements, streets and roads within the Property; all utilities (such
as gas, electricity, cable television, water, sewer and storm drainage); pedestrian and bicycle paths
and trails; open space; the off-site public improvements; and all other improvements and facilities
required or called for by the mitigation measures, conditions of approval, and this Agreement to
be implemented by Landowners.
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01006/0005/41539.01
1.1.16 "Reservation of Authority" means the rights and authority accepted from
the assurances and rights provided to Developer under this Agreement and reserved to City under
Section 3.6 of this Agreement.
1.1.17 "Subsequent Development Approvals" means all Development Approvals
issued subsequent to the Effective Date in connection with Development of the Property, which shall
include, without limitation, the approvals defined herein as the Development Plan.
1.1.18 "Subsequent Land Use Regulations" means any Land Use Regulations
effective after the Effective Date of this Agreement (whether adopted prior to or after the
Effective Date of this Agreement), which governs development, and use of the Property.
1.1.19 "Term" shall mean the period of time from the Effective Date until the
termination of this Agreement as provided in Section 2.4, unless earlier terminated as provided in
this Agreement.
1.2 Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement: Exhibit"A" (Development Plans, including conditions of approval)
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. From and following the Effective Date, actions by
the City and Developer with respect to the Development of the Property, including actions by the
City on applications for Subsequent Development Approvals affecting the Property, shall be
subject to the teens and provisions of this Agreement.
2.2 Ownership of Property. City and Developer acknowledge and agree that
Developer has a legal or equitable interest in the Property and thus Developer is qualified to
enter into and be a party to this Agreement under the Development Agreement Law.
2.3 Transfer Restrictions. As used in this section, the term "transfer" shall include
any assignment, conveyance, hypothecation, mortgage, pledge, or encumbrance of this
Agreement or the Property, or the improvements thereon by Developer. A transfer shall also
include the transfer to any person or group of persons acting in concert of more than twenty-five
percent (25%) of the present equity ownership and/or more than twenty-five percent (25%) of the
voting control of Developer (jointly and severally referred to herein as the "Trigger
Percentages") or any general partner of Developer in the aggregate, taking all transfers into
account on a cumulative basis, except transfers of such ownership or control interest between
members of the same immediate family, or transfers to a trust, testamentary or otherwise, in
which the beneficiaries are limited to members of the transferor's immediate family. A transfer
of interests (in a cumulative basis) in the equity ownership and/or voting control of Developer in
amounts less than Trigger Percentages shall not constitute a transfer subject to the restrictions set
forth herein. In the event Developer or any general partner comprising Developer or its
successors is a corporation or trust, such transfer shall refer to the transfer of the issued and
outstanding capital stock of Developer, or of beneficial interest of such trust; in the event that
Developer or any general partner comprising is a limited or general partnership, such transfer
shall refer to the transfer of more that the Trigger Percentages in the limited or general
partnership interest; in the event that Developer or any general partner is a joint venture, such
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transfer shall refer to the transfer of more than the Trigger Percentages of such joint venture
partner, taking all transfers into account on a cumulative basis.
Developer shall not transfer this Agreement or any of Developer's rights or obligations
hereunder, or any interest in the Property or in the improvements thereon, directly or indirectly,
voluntarily or by operation of law, except as provided below, without the prior written approval
of City, and if so purported to be transferred, the same shall be null and void. In considering
whether it will grant approval to any transfer by Developer, which transfer requires City
approval, City shall consider factors such as (i) whether the completion of the Project is delayed
or jeopardized; (ii) the financial strength and capability of the proposed transferee to perform
City's obligations hereunder; and (iii) the proposed transferee's experience and expertise in the
planning, financing, development, ownership and operation of similar projects.
In addition, no attempted assignment of any of Developer's obligations hereunder shall
be effective unless and until the successor party executes and delivers to City an assumption
agreement in a form approved by the City assuming such obligations. No consent or approval by
City of any transfer requiring City's approval shall constitute a further waiver of the provision of
this Section 2.3 and, furthermore, City's consent to a transfer shall not be deemed to release
Developer of liability for performance under this Agreement tmless such release is specific and
in writing executed by City.
2.4 Transfer to Public Entity. Transfer of any portion of the Property to a public
entity, including but not limited to a school district, whether such transfer is voluntary or
involuntary, shall not relieve Developer of its obligation to construct the Public Improvements
required by this Agreement. Developer specifically acknowledges and agrees to construct the
Public Improvements as specified in Exhibits "A" irrespective of such a transfer.
2.5 Term of Agreement. Unless earlier terminated as provided in this Agreement,
this Agreement shall continue in full force and effect until the date that is five (5) years from and
after the Effective Date.
2.6 Extension of Term of Agreement. City and Developer agree that the term of
this Agreement may be extended by up to five years subject to extension(s) approved by the
City Council. Each extension approved pursuant to this provision of the Agreement shall be
subject to any new or changed development standards and land use regulations in effect at the
time such extension is approved, including any increases in development fees that may have
been established.
3. DEVELOPMENT OF TIDE PROPERTY.
3.1 Rights to Develop. Subject to and during the Term of this Agreement, Developer
shall have a vested right to develop the Property in accordance with, and to the extent of, the
Development Plan, including conditions of approval, the Existing Land Use Regulations, and this
Agreement.
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3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided
under the terms of this Agreement, the rules, regulations and official policies governing
permitted uses of the Property, the density and intensity of use of the Property, the maximum
height and size of proposed buildings, and the design, improvement and construction standards
and specifications applicable to Development of the Property, shall be as set forth in the
Existing Land Use Regulations which were in full force and effect as of the Effective Date
of this Agreement, subject to the terms of this Agreement.
3.3 Timing of Development; Scope of Development. Except as set forth herein,
Developer shall be under no obligation to commence or complete the Development of the
Property in any particular time frame, or at all. The purpose of this Agreement is to set forth the
applicable rules and regulations applicable to the Development of the Property or portion thereof.
The Property shall be developed with a commercial shopping center, in substantial conformance
with the Development Approvals including Tentative Parcel Map No. 34998, Plot Plan No. 2009-
051, Conditional Use Permit No. 3549, Conditional Use Permit No. 2009-102 and Conditional Use
Permit No. 2009-103 as conditioned and approved by the City (which as submitted by Developer
provide for a 132,580 sq, ft. retail center on approximately 19.6 acres north of McCall Blvd. and
west of Menifee Rd.). Notwithstanding the foregoing, Developer shall commence and complete the
Public Improvements in accordance with the conditions of approval included in Exhibit"A".
3.4 Development Plan; Subsequent Development Approvals. The Development
Plan for the Project will require the processing of Subsequent Development Approvals, The City
shall accept for processing, review and action all applications for Subsequent Development
Approvals, and such applications shall be processed in the normal manner for processing such
matters in accordance with the Existing Land Use Regulations, The Parties acknowledge that
subject to the Existing Land Use Regulations, urider no circumstances shall City be obligated in
any manner to approve any Subsequent Development Approval, or to approve any Subsequent
Development Approval with or without any particular condition, except that (i) the Subsequent
Development Approvals shall be generally consistent with the attached Public Improvements,
and Conceptual Site Plan, and (ii) the square footage of the Project shall not be increased by
more than five percent (5%). However, unless otherwise requested by Developer, City shall not,
without good cause, amend or rescind any Subsequent Development Approvals respecting the
Property after such approvals have been granted by the City. Processing of Subsequent
Development Approvals or changes in the Development Approvals or Development Plan made
pursuant to Developer's application shall not require an amendment to this Agreement.
3.5 Development Impact Fees. Notwithstanding anything to the contrary in this
Agreement, all requisite development impact fees shall be those existing on the date the
applicable development impact fees are paid. Development impact fees shall be paid at such time
as payment for such fees is due and payable in accordance with the Land Use Regulations in
effect at that time, for the portion of the Property to which such fees apply.
3.6 Reservation of Authority.
3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the
Development of the Property:
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(a) Processing fees and charges of every kind and nature imposed by
City to cover the estimated actual costs to City of processing applications for Subsequent
Development Approvals or for monitoring compliance with any Subsequent Development
Approvals granted or issued.
(b) Procedural regulations consistent with this Agreement relating to
hearing bodies, petitions, applications, notices, findings, records, hearing, reports,
recommendations, appeals and any other matter of procedure.
(c) Changes adopted by the International Conference of Building
Officials, or other similar body, as part of the then most current versions of the Uniform Building
Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National
Electrical Code, and also adopted by City as Subsequent Land Use Regulations, if applicable
City-wide.
(d) Regulations that may be in conflict with the Development Plan or
this Agreement, but which City determines are materially necessary to protect the public health,
safety,and welfare.
(e) Regulations that are not in conflict with the Development Plan or
this Agreement.
(f) Regulations that are in conflict with the Development Plan or this
Agreement, provided Developer has given written consent to the application of such regulations
to Development of the Property.
(g) Federal, State, County, and multi-jurisdictional laws and regulations
which City is required to enforce as against the Property or the Development of the Property.
(h) Subsequent Land Use Regulations applicable to local or regional
development impact fees.
3.6.2 Future Discretion of City. This Agreement shall not prevent City from
denying or conditionally approving any application for a Subsequent Development Approval on
the basis of the Existing Land Use Regulations.
3.6.3 Modification or Suspension by Federal, State, County, or Multi-
Jurisdictional Law. In the event that Federal, State, County, or multi-jurisdictional laws or
regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance
with one or more of the provisions of this Agreement, such provisions of this Agreement shall be
modified or suspended as may be necessary to comply with such Federal, State, county, or
multi-jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to
the extent it is not inconsistent with such laws or regulations and to the extent such laws or
regulations do not render such remaining provision impractical to enforce.
3.7 Regulation by Other Public Agencies. It is acknowledged by the parties
that other public agencies not subject to control by City may possess authority to regulate
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aspects of the Development of the Property, and this Agreement does not limit the authority of
such other public agencies.
3.8 Public Improvements. Developer shall construct the Public Improvements
described in Exhibit "A". In addition, and notwithstanding any provision herein to the contrary,
the City shall retain the right to condition any Subsequent Development Approvals to require
Developer to dedicate necessary land and/or to construct the required public infrastructure
("Exactions") at such time as City shall determine subject to the following conditions:
3.8.1 The dedication, payment or construction must be to alleviate an impact
caused by the Project or be of benefit to the Project;
3.8.2 The timing of the Exaction shall be reasonably related to the phasing of the
development of the Project and said public improvements shall be phased to be commensurate
with the logical progression of the Project development as well as the reasonable needs of public;
and
3.8.3 When Developer is required by this Agreement and/or the Development
Plan to construct any public works facilities which will be dedicated to the City or any other
public agency upon completion, Developer shall perform such work in the same manner and
subject to the same construction standards as would be applicable to the City or such other public
agency should it have undertaken such construction work.
3.9 Fees, Taxes and Assessments. During the term of this Agreement, the City shall
not, without the prior written consent of Developer, impose any additional fees, taxes or
assessments on all or any portion of the Project, except such fees, taxes and assessments as are
described in or required by this Development Agreement and/or the Development Plan. This
Development Agreement shall not prohibit the application of fees, taxes or assessments as
follows:
3.9.1 Developer shall be obligated to pay those fees, taxes or City assessments
which exist as the Effective Date or are included in the Development Plan and any increases in
same, as provided herein;
3.9.2 Developer shall be obligated to pay any fees or taxes, and increases
thereof, imposed on a City-wide basis such as business license fees or taxes, sales or use taxes,
utility taxes, and public safety taxes;
3.9.3 Developer shall be obligated to pay any future fees or assessments imposed
on an area-wide basis (such landscape and lighting assessments and community services
assessments), provided that Developer reserves its right to protest the establishment or amount of
any such fees or assessments through the method prescribed by law;
3.9.4 Developer shall be obligated to pay any fees imposed pursuant to any
assessment district established within the Project otherwise proposed or consented to by
Developer;
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3.9.5 Developer shall be obligated to pay any fees that may be imposed in
connection with the implementation of the Transportation Uniform Mitigation Fee ("TUMF")
program, the Multi-Species Habitat Conservation Plan ("MSHCP"), and Development Impact
Fees (DIF); and
3.9.6 Developer shall be obligated to pay any fees imposed pursuant to any
Uniform Code.
4. REVIEW FOR COMPLIANCE.
4.1 Annual Review, The City shall review this Agreement annually, on or before
the anniversary of the Effective Date, in order to ascertain the good faith compliance by
Developer with the terms of the Agreement ("Annual Review"). No failure on part of City to
conduct or complete an Annual Review as provided herein shall have any impact on the validity
of this Agreement.
4.2 Special Review. The City may, in its sole and absolute discretion, order a
special review of compliance with this Agreement at any time at City's sole cost ("Special
Review"). Developer shall cooperate with the City in the conduct of such Special Reviews,
4.3 Procedure. Each party shall have a reasonable opportunity to assert matters
which it believes have not been undertaken in accordance with the Agreement, to explain the
basis for such assertion, and to receive from the other party a justification of its position on such
matters. If on the basis of the parties' review of any terms of the Agreement, either party
concludes that the other party has not complied in good faith with the terms of the Agreement,
then such party may issue a written "Notice of Non-Compliance" specifying the grounds therefore
and all facts demonstrating such non-compliance. The party receiving a Notice of Non-
Compliance shall have thirty (30) days to cure or remedy the non-compliance identified in the
Notice of Non-Compliance, or if such cure or remedy is not reasonably capable of being cured or
remedied within such thirty (30) days period to commence to cure or remedy the non-compliance
and to diligently and in good faith prosecute such cure or remedy to completion. If the party
receiving the Notice of Non-Compliance does not believe it is out of compliance and contests the
Notice, it shall do so by responding in writing to said Notice within thirty (30) days after receipt
of the Notice. If the response to the Notice of Non-Compliance has not been received in the
offices of the party alleging the non-compliance within the prescribed time period, the Notice of
Non-Compliance shall be conclusively presumed to be valid. If a Notice of Non-Compliance is
contested, the parties shall, for a period of not less than fifteen (15) days following receipt of the
response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the
Notice. In the event that a cure or remedy is not timely effected or, if the Notice is contested and the
parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the
fifteen (15) day period, the party alleging the non-compliance may thereupon pursue the remedies
provided in Section 5. Neither party hereto shall be deemed in breach if the reason for non-
compliance is due to a `force majeure" as defined in, and subject to the provisions of, Section
9.10.
4.4 Certificate of Agreement Compliance. If, at the conclusion of an Annual
Review or a Special Review, Developer is found to be in compliance with this Agreement, City
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shall, upon request by Developer, issue a Certificate of Agreement Compliance ("Certificate") to
Developer stating that after the most recent Annual Review or Special Review and based upon the
information known or made known to the City Manager that (1) this Agreement remains in effect
and (2) Developer is in compliance. The Certificate, whether issued after an Annual Review or
Special Review, shall be in recordable form, shall contain information necessary to communicate
constructive record notice of the finding of compliance. The Developer shall record the Certificate
with the County Recorder. Additionally, Developer may at any time request from the City a
Certificate stating, in addition to the foregoing, which obligations under this Agreement have
been fully satisfied with respect to the Property, or any lot or parcel within the Property. The
Developer shall bear all costs associated with the annual review including City staff time for the review.
5. DEFAULT AND REMEDIES.
5.1 Specific Performance Available. The parties acknowledge and agree that other
than the termination of this Agreement pursuant to Section 5.2, specific performance is the only
remedy available for the enforcement of this Agreement and knowingly, intelligently, and
willingly waive any and all other remedies otherwise available in law or equity. Accordingly,
and not by way of limitation, and except as otherwise provided in this Agreement, Developer
shall not be entitled to any money damages from City by reason of any default under this
Agreement. Further, Developer shall not bring an action against City nor obtain any judgment
for damages for a regulatory taking, inverse condemnation, unreasonable exactions, reduction in
value of property, delay in undertaking any action, or asserting any other liability for any matter
or for any cause which existed or which the Developer knew of or should have known of prior to
the time of entering this Agreement, Developer's sole remedies being as specifically provided
above. Developer acknowledges that such remedies are adequate to protect Developer's interest
hereunder and the wavier made herein is made in consideration of the obligations assumed by the
City hereunder. The Developer's waiver of the right to recover monetary damages shall not
apply to any damages or injuries to a third party caused by the City's negligence.
5.2 Termination of Agreement.
5.2.1 Termination of Agreement for Material Default of Developer. City in
its discretion may terminate this Agreement for any material failure of Developer to perform any
material duty or obligation of Developer hereunder or to comply in good faith with the terms of
this Agreement (hereinafter referred to as "default" or "breach"); provided, however, City may
terminate this Agreement pursuant to this Section only after following the procedure set forth in
Section 4.3. Any material default by Developer of any of the conditions of approval of any of the
Development Approvals that is not timely cured by Developer shall be deemed a material default
by Developer of this Agreement.
5.2.2 Termination of Agreement for Material Default of City. Developer in
its discretion may terminate this Agreement for any material default by City; provided, however,
Developer may terminate this Agreement pursuant to this Section only after following the
procedure set forth in Section 4.3.
5.2.3 Rights and Duties Following Termination. Upon the termination of this
Agreement, no party shall have any further right or obligation hereunder except with respect to (i)
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any obligations to have been performed prior to said termination, or (ii) any default in the
performance of the provisions of this Agreement which has occurred prior to said termination.
Termination of this Agreement shall not affect either party's rights or obligations with respect to
any Development Approval granted prior to such termination.
6. THIRD PARTY LITIGATION.
City shall promptly notify Developer of any claim, action or proceeding filed and served
against City to challenge, set aside, void, annul, limit or restrict the approval and continued
implementation and enforcement of this Agreement, including but not limited to challenges of
the environmental review of the Project and this Agreement conducted pursuant to the California
Environmental Quality Act. Developer and City agree to confer and cooperate with respect to
such third party litigation. Developer shall defend, indemnify and hold harmless City, its
agents, officers and employees from any such claim, action or proceeding, and shall
indemnify City for all costs of defense and/or judgment obtained in any such action or
proceeding; provided, however, if Developer elects, in its sole discretion, not to defend the action
(preferring to either allow judgment to be entered or to enter into a settlement with plaintiff(s)
which declares this Agreement to be void, annulled, or which limits or restricts this Agreement),
Developer shall so notify City in writing and City shall then have the option, in its sole
discretion, of defending the action at its cost. In the event this Agreement, as a result of a third
party challenge, is voided or annulled, or is limited or restricted such a manner that the intent and
purposes of this Agreement cannot be implemented as mutually desired by the parties hereto, this
Agreement shall terminate and be of no further force or effect as of the date such judgment or
settlement so voids, annuls, limits, or restricts the intent and purpose of this Agreement.
7. LENDER PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit Developer, in any
manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or
any improvement thereon by any mortgage, deed of trust or other security device securing
financing with respect to the Property. City acknowledges that the lenders providing such
financing may require certain Agreement interpretations and modifications and City agrees upon
request, from time to time, to meet with Developer and representatives of such lenders to
negotiate in good faith any such request for interpretation or modification. Subject to
compliance with applicable laws, City will not unreasonably withhold its consent to any such
requested interpretation or modification provided City determines such interpretation or
modification is consistent with the intent and purposes of this Agreement. Any Lender shall be
entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this
Agreement shall defeat, render invalid, diminish or impair the lien of any loan on the Property
made in good faith and for value, rmless otherwise required by law.
(b) The Lender of any financing secured by a mortgage or deed of trust
or other security encumbering the Property, or any part thereof, which Lender has submitted a
request in writing to the City in the manner specified herein for giving notices, shall be entitled to
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receive written notification from City of any default by Developer in the performance of
Developer's obligations under this Agreement.
(c) If City timely receives a request from a Lender requesting a copy
of any notice of default given to Developer under the terms of this Agreement, City shall make a
good faith effort to provide a copy of that notice to the Lender within ten (10) days of sending the
notice of default to Developer. The Lender shall have the right, but not the obligation, to cure the
default during the period that is the longer of(i) the remaining cure period allowed such party Linder
this Agreement, or(ii) sixty(60)days.
(d) Any Lender who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Lender shall have an
obligation or duty under this Agreement to perform any of Developer's obligations or
other affirmative covenants of Developer hereunder, or to guarantee such performance; except that
(i) to the extent that any covenant to be performed by Developer is a condition precedent to the
performance of a covenant by City, the performance thereof shall continue to be a condition
precedent to City's performance hereunder, and (ii) in the event any Lender seeks to develop or
use any portion of the Property acquired by such Mortgagee by foreclosure, deed of trust, or
deed in lieu of foreclosure, such Lender shall strictly comply with all of the terms, conditions and
requirements of this Agreement and the Development Plan applicable to the Property or such
part thereof so acquired by the Lender.
8. INSURANCE; INDEMNIFICATION.
8.1 Insurance.
8.1.1 Types of Insurance.
(a) Public Liability Insurance.
Prior to commencement and until completion of construction by
Developer on the Property, Developer shall at its sole cost and expense keep or cause to be kept
in force for the mutual benefit of City and Developer comprehensive broad form general public
liability insurance against claims and liability for personal injury or death arising from the use,
occupancy, disuse or condition of the Property, improvements or adjoining areas or ways,
affected by such use of the Property or for property damage, providing protection of a least Two
Million Dollars ($2,000,000) for bodily injury or death to any one person, at least Five Million
Dollars ($5,000,000) for any one accident or occurrence, and at least One Million Dollars
($1,000,000) for property damage, which limits shall be subject to such increases in amount as
City may reasonably require from time to time.
(b) Builder's Risk Insurance.
Prior to commencement and until completion of construction by
Developer on the Property, Developer shall procure and shall maintain in force, or caused to be
maintained in force, "all risks" builder's risk insurance including vandalism and malicious
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mischief, covering improvements in place and all material and equipment at the job site
furnished under contract, but excluding contractor's, subcontractor's, and construction manager's
tools and equipment and property owned by contractor's or subcontractor's employees, with
limits in accordance with subsection (1) above.
(c) Worker's Compensation.
Developer shall also furnish or cause to be furnished to City evidence
reasonably satisfactory to it that any contractor with whom Developer has contracted for the
performance of any work for which Developer is responsible hereunder carries workers'
compensation insurance as required by law.
(d) Other Insurance.
Developer may procure and maintain any insivance not required by this
Agreement, but all such insurance shall be subject to all of the provisions hereof pertaining to
insurance and shall be for the benefit of City and Developer.
(e) Insurance Policy Form, Sufficiency, Content and Insurer.
All insurance required by express provisions hereof shall be carried only
by responsible insurance companies licensed and admitted to do business by California, rated
"A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the
Federal Register, and only if they are of a financial category Class VIII or better, unless waived
by City. All such policies shall be nonassessable and shall contain language, to the extent
obtainable, to the effect that (i) any loss shall be payable notwithstanding any act of negligence
of City or Developer that might otherwise result in the forfeiture of the insurance, (ii) the insurer
waives the right of subrogation against City and against City's agents and representatives; (iii)
the policies are primary and noncontributing with any insurance that may be carried by City; and
(iv) the policies cannot be canceled or materially changed except after thirty (30) days' written
notice by the insurer to City or City's designated representative. Developer shall furnish City
with copies of all such policies promptly on receipt of them or with certificates evidencing the
insurance. City shall be named as an additional insured on all policies of insurance required to
be procured by the terms of this Agreement. In the event the City's Risk Manager determines
that the use, activities or condition of the Property, improvements or adjoining areas or ways,
affected by such use of the Property under this Agreement creates an increased or decreased risk
of loss to the City, Developer agrees that the minimum limits of the insurance policies required
by this Section 8.1.1 may be changed accordingly upon receipt of written notice from the City's
Risk Manager; provided that Developer shall have the right to appeal a determination of
increased coverage to the City Council of City within ten (10) days of receipt of notice from the
City's Risk Manager.
8.1.2 Failure to Maintain Insurance and Proof of Compliance.
Developer shall deliver to City, in the manner required for notices, copies
of certificates of all insurance policies required hereunder together with evidence satisfactory to
City of payment required for procurement and maintenance of each policy within the following
time limits:
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Effective Date. (a) For insurance required above, within thirty (30 days) after the
(b) For any renewal or replacement of a policy already in existence, at
least ten (10) days before the expiration or termination of the existing policy.
If Developer fails or refuses to procure or maintain insurance as required
hereby or fails or refuses to furnish City with required proof that that insurance has been
procured and is in force and paid for, such failure or refusal shall be a default hereunder.
8.2 Indemnification.
8.2.1 General.
Developer shall indemnify the City, its officers, employees, and agents
against, and will hold and save them and each of them harmless from, any and all actions, suits,
claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or
liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm, or
entity arising out of or in connection with the work, operations, or activities of Developer, its
agents, employees, subcontractors, or invitees, hereunder, upon the Property, whether or not
there is current passive or active negligence on the part of the City, its officers, agents, or
employees and in connection therewith.
(a) Developer will defend any action or actions filed in connection
with any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Developer will promptly pay any judgment rendered against the
City, its officers, agents, or employees for any such claims or liabilities arising out of or in
connection with such work, operations, or activities of the Developer hereunder, and Developer
agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents, or employees is made a
party to the action or proceeding filed or prosecuted against for such damages or other claims
arising out of or in connection with operation or activities of Developer hereunder, Developer
agrees to pay the City, its officers, agents, or employees any and all costs and expenses incurred
by the City, its officers, agents, or employees in such action or proceeding, including by not
limited to legal costs and attorneys' fees.
8.2.2 Exceptions.
The foregoing indemnity shall not include claims or liabilities arising from the
sole or gross negligence or willful misconduct of the City, its officers, agents, or employees, who
are directly responsible for the City.
8.2.3 Loss and Damage.
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01006/0005/41539.01
City shall not be liable for any damage to property of Developer or of others
located on the Property, nor for the loss of or damage to any property of Developer or of others
by theft or otherwise. City shall not be liable for any injury or damage to persons or property
resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any
part of the Property or from the pipes or plumbing, or from the street, or from any environmental
or soil contamination or hazard, or from any other latent or patent defect in the soil, subsurface
or physical condition of the Property, or by any other cause of whatsoever nature.
8.2.4 Period of Indemnification.
The obligations for indemnity under this Section 8.2 shall begin upon the
Effective Date and shall terminate upon termination of Development Agreement, provided that
indemnification shall apply to all claims or liabilities arising during that period even if asserted at
any time thereafter.
8.3 Waiver of Subrogation.
Developer agrees that it shall not make any claim against, or seek to recover from
City or its agents, servants, or employees, for any loss or damage to Developer or to any person
or property, except as specifically provided hereunder and Developer shall give notice to any
insurance carrier of the foregoing waiver of subrogation, and obtain from such carrier, a wavier
of right to recovery against City, its agents and employees.
9. MISCELLANEOUS PROVISIONS.
9.1 Recordation of Agreement. This Agreement shall be recorded with the County
Recorder by the City Clerk within the period required by Section 65868.5 of the Government
Code. Amendments approved by the parties, and any cancellation, shall be similarly recorded.
9.2 Entire Agreement. This Agreement sets forth and contains the entire
understanding and agreement of the parties with respect to the subject matter set forth herein, and
there are no oral or written representations, understandings or ancillary covenants, undertakings
or agreements which are not contained or expressly referred to herein. No testimony or evidence
of any such representations, tmderstandings or covenants shall be admissible in any proceeding
of any kind or nature to interpret or determine the terms or conditions of this Agreement.
9.3 Severability. If any term, provision, covenant or condition of this Agreement
shall be determined invalid, void or unenforceable, then this Agreement shall terminate in its
entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably
withheld.
9.4 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of
California. This Agreement shall be construed as a whole according to its fair language and
common meaning to achieve the objectives and purposes of the parties hereto, and the rule of
construction to the effect that ambiguities are to be resolved against the drafting party or in favor
of City shall not be employed in interpreting this Agreement, all parties having been represented
by counsel in the negotiation and preparation hereof.
15 DEVELOPMENT AGREEMENT
01006/0005/41539.01
9.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
9.6 Singular and Plural. As used herein, the singular of any word includes the
plural.
9.7 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
9.8 Waiver. Failure of a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights
upon the default of the other party, shall not constitute a waiver of such party's right to insist and
demand strict compliance by the other party with the terms of this Agreement thereafter.
9.9 No Third Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit for the parties and their successors and assigns. No other person shall
have any right of action based upon any provision of this Agreement.
9.10 Force Majeure. Neither party shall be deemed to be in default where failure or
delay in performance of any of its obligations under this Agreement is caused by earthquakes,
other acts of God, fires, wars, terrorism, riots or similar hostilities, strikes and other labor
difficulties beyond the party's control (including the party's employment force), government
regulations, court actions (such as restraining orders or injunctions), or other causes beyond the
party's reasonable control. If any such events shall occur, the term of this Agreement and the time
for performance shall be extended for the duration of each such event, provided that the term of
this Agreement shall not be extended under any circumstances for more than one (1) year.
9.11 Mutual Covenants. The covenants contained herein are mutual covenants and
also constitute conditions to the concurrent or subsequent performance by the party benefited
thereby of the covenants to be performed hereunder by such benefited party.
9.12 Counterparts. This Agreement may be executed by the parties in counterparts,
which counterparts shall be construed together and have the same effect as if all of the parties
had executed the same instrument.
9.13 Litigation. Any action at law or in equity arising under this Agreement or
brought by any party hereto for the purpose of enforcing, construing or determining the validity
of any provision of this Agreement shall be filed and tried in the Superior Court of the County of
Riverside, State of California, or such other appropriate court in said county. Service of process
on City shall be made in accordance with California law. Service of process on Developer shall be
made in any manner permitted by California law and shall be effective whether served inside or
outside California. In the event of any action between City and Developer seeking
enforcement of any of the terms and conditions to this Agreement, the prevailing party in such
action shall be awarded, in addition to such relief to which such party entitled under this
Agreement, its reasonable litigation costs and expenses, including without limitation its expert
witness fees and reasonable attorney's fees.
16 DEVELOPMENT AGREEMENT
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9.14 Covenant Not To Sue. The parties to this Agreement, and each of them, agree
that this Agreement and each term hereof is legal, valid, binding, and enforceable. The parties to
this Agreement, and each of them, hereby covenant and agree that each of them will not
commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding
against any other party to this Agreement, in law or in equity, or based on any allegation or
assertion in any such action, that this Agreement or any term hereof is void, invalid, or
unenforceable.
9.15 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the Development of the Project is a private Development, that
neither party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in this
Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between City and Developer is that of a government entity
regulating the Development of private property, on the one hand, and the holder of a legal or
equitable interest in such property and as future holder of fee title to such property, on the other
hand. City agrees that by its approval of, and entering into, this Agreement that it is not taking any
action which would transform this private Development into a "public work" project, and that
nothing herein shall be interpreted to convey upon Developer any benefit which would transform
Developer's private project into a public work project, it being lmderstood that this Agreement is
entered into by City and Developer upon the exchange of consideration described in this
Agreement, including the Recitals to this Agreement which are incorporated into this Agreement
and made a part hereof, and that City is receiving by and through this Agreement the full measure
of benefit in exchange for the burdens placed on Developer by this Agreement, including but not
limited to Developer's obligation to provide the public improvements set forth herein.
9.16 Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated here tinder in the
performance of all obligations under this Agreement and the satisfaction of the conditions of this
Agreement. Upon the request of either party at any time, the other party shall promptly execute,
with acknowledgment or affidavit if reasonably required, and file or record such required
instruments and writings and take any actions as may be reasonably necessary under the terms of
this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to
evidence or consummate the transactions contemplated by this Agreement.
9.17 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by City of its power of eminent domain.
9.18 Amendments in Writing/Cooperation. This Agreement may be amended only
by written consent of both parties specifically approving the amendment and in accordance with
the Government Code provisions for the amendment of Development Agreements.
Notwithstanding the foregoing, implementation of the Project may require minor modifications
of the details of the Development Plan and performance of the parties under this Agreement.
The parties desire to retain a certain degree of flexibility with respect to those items covered in
general terms under this Agreement. Therefore, modifications of the Development Plan, which
are found by the City Attorney to be non-substantive and procedural shall not require an
amendment to this Agreement. A modification will be deemed non-substantive and/or
17 DEVELOPMENTAGREEMENT
01006/0005/41539.01
procedural if it does not result in material change in fees, cost, density, intensity of use, permitted
uses, the maximum height and size of buildings, the reservation or dedication of land for public
purposes, or the improvement and construction standards and specifications for the Project.
9.19 Corporate Authority. The person(s) executing this Agreement on behalf of each
of the parties hereto represent and warrant that (i) such party, if not an individual, is duly
organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on
behalf of said party, (iii) by so executing this Agreement such party is formally bound to the
provisions of this Agreement, and (iv) the entering into this Agreement does not violate any
provision of any other agreement to which such party is bound.
9.20 Notices. All notices trader this Agreement shall be effective when delivered by
(i) personal delivery, or (ii) reputable same-day or overnight courier or messenger service, (iii)
overnight United States Postal Service Express Mail, postage prepaid, or (iv) by United States
Postal Service mail, registered or certified, postage prepaid; and addressed to the respective
parties as set forth below or as to such other address as the parties may from time to time
designate in writing:
To City: City of Menifee
29714 Haun Road
Menifee, CA 92586
Attn: City Manager
With copy to: Aleshire &Wynder,LLP Tower 17
18881 Von Karnan Avenue, Suite 400
Irvine, CA 92612
Attn: Julie Hayward Biggs
To Developer:
With copy to:
9.21 Non-liability of City Officials. No officer, official, member, employee, agent, or
representatives of City shall be liable for any amounts due hereunder, and no judgment or
execution thereon entered in any action hereon shall be personally enforced against any such
officer, official, member, employee, agent,or representative.
9.22 No Brokers. City and Developer represent and warrant to the other that neither has
employed any broker and/or finder to represent its interest in this transaction. Each party agrees
to indemnify and hold the other free and harmless from and against any and all liability, loss, cost,
or expense (including court costs and reasonable attorney's fees) in any manner connected with
a claim asserted by any individual or entity for any commission or finder's fee in connection with
18 DEVELOPMENT AGREEMENT
0 1 006/000 5/41 539.01
this Agreement arising out of agreements by the indemnifying party to pay any commission or
finder's fee.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first set forth above.
Dated:
City: CITY OF MENIFEE, a municipal
corporation
By
Scott A. Mann
Mayor, City of Menifee
ATTEST:
By
Kathy Bennett, City Cleric
APPROVED AS TO FORM:
By
Jeffrey T. Melching, City Attorney
Developer: Heritage Square, L.P.,
a California Limited Partnership
By:
Its: General Partner
By:
Its:
[End of Signatures]
19 DEVELOPMENT AGREEMENT
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STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE )
On 200, before me,
personally appeared personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized capacity, and
that by her signature on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE )
On 200, before me,
personally appeared personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized capacity, and
that by her signature on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
20 DEVELOPMENT AGREEMENT
01006/0005/41539.01
EXHIBIT "A"
DEVELOPMENT PLANS AND CONDMONS OF APPROVAL
EXHIBIT"A"
DEVELOPMENT AGREEMENT
Page 1 Of 1
01006/0005/41539.01
EXHIBIT "1 "
Conditions of Approval for CUP 2014-155
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Conditions of Approval CUP No. 2014-155 1 of 8
Section I :
Conditions Applicable to all
Departments
Conditions of Approval CUP No. 2014-155 2 of 8
General Conditions
1. Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Conditional Use Permit No. 2014-155
shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2014-
155, dated October 15, 2008.
APPROVED EXHIBIT B = Elevations for Conditional Use Permit No. 2014-
155, dated October 15, 2008,
2. Description. The use hereby permitted is to allow the use of the property
for a car wash, gasoline service station, with the concurrent sale of beer
and wine for off-premises consumption. The use was previously approved
under Conditional Use Permit No. 3549; however, that permit expired.
3. Indemnification. The developer/applicant shall indemnify, protect, defend,
and hold harmless, the City and County 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 this Plot Plan or the City's and County's approval
thereof, or from any proceedings against or brought against the City or
County, 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 County, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning
Environmental Assessment No. 41320, Change of Zone No. 7501, Plot
Plan No. 2009-051, Conditional Use Permit No. 2014-155, Conditional Use
Permit No. 2014-156 and Conditional Use Permit No. 2014-157.
4. Ninety (90) Days to Protest. The project developer has ninety (90) days
from the date of approval of these conditions to protest, in accordance with
the procedures set forth in Government Code Section 66020, the imposition
of any and all fees, dedications, reservations and/or other exactions
imposed on this project as a result of this approval or conditional approval
of this project.
5. 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 also will identify and fund mitigation measure 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
Conditions of Approval CUP No. 2014-155 3 of 8
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. City of Menifee. On October 111, 2008 the City of Menifee incorporated. At
the time the City incorporated it was required to accept all the laws and
ordinances of the County of Riverside. Overtime the City will change these
ordinances either by name or content. The applicant or successor in
interest of this project will be subject to ordinances of the City of Menifee
and not those of the County of Riverside that the City has jurisdiction over.
Therefore, any condition of approval listed in this project that references a
County of Riverside Ordinance, will in fact be subject to the equivalent City
ordinance or subsequent ordinance introduced by the City. The applicant
or their successor in interest by accepting these conditions also agrees to
accept the equivalent City ordinance or subsequent ordinance introduced
by the City.
7. Comply with All Conditions. The applicant/developer shall comply with all
terms and conditions of Plot Plan No. 2009-051.
8. Expiration Date. This approval shall be used within two (2) years of the
approval date or as determined by a development agreement; otherwise, it
shall become null and void and of no effect whatsoever. 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 one year
extension be obtained and no substantial construction or use of this permit
be initiated within three (3) years of the approval date this permit, shall
become null and void.
Conditions of Approval CUP No. 2014-155 4 of 8
Section II :
Planning Conditions of Approval
Conditions of Approval CUP No. 2014-155 5 of 8
General Conditions
9. Comply with Ordinance. The development of these premises shall comply
with the standards of Ordinance No. 348 and all other applicable
ordinances and State and Federal codes.
The development of the premises shall conform substantially with that as
shown on APPROVED EXHIBIT A, unless otherwise amended by these
conditions of approval.
10. Licensing. At all times during the conduct of the permitted use the
permittee shall maintain and keep in effect valid licensing approval from the
Department of Alcohol Beverage Control, or equivalent agency as provided
by law. Should such licensing be denied, expire or lapse at any time in the
future, this permit shall become null and void.
11. 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.
12. Ceased Operations. In the event the use hereby permitted ceases
operation for a period of one (1) year or more, this approval shall become
null and void.
13. Alcohol Sales. The following development standards shall apply to the
concurrent sale of motor vehicle fuels and beer and wine for off-premises
consumption:
a. Only beer and wine may be sold.
b. The owner and the management shall educate the public regarding
driving under the influence of intoxicating beverages, minimum age for
purchase and consumption of alcoholic beverages, driving with open
containers and the penalty associated with violation of these laws. In
addition, the owner and management shall provide health warnings
about the consumption of alcoholic beverages. This educational
requirement may be met by posting prominent signs, decals or
brochures at points of purchase. In addition, the owner and
management shall provide adequate training for all employees at the
location as to these matters.
c. No displays of beer, wine or other alcoholic beverages shall be
located within five (5) feet of any building entrance or checkout
counter.
Conditions of Approval CUP No. 2014-155 6 of 8
d. Cold beer or wine shall be sold from, or displayed in, the main,
permanently affixed electrical coolers only.
e. No beer, wine or other alcoholic beverage advertising shall be located
on gasoline islands; and, no lighted advertising for beer, wine or other
alcoholic beverages shall be located on the exterior of buildings or
within window areas.
f. Employees selling beer and wine between the hours of 10:00 p.m.
and 2:00 a.m. shall be at least twenty-one (21) years of age.
g. No sale of alcoholic beverages shall be made from a drive-in window.
h. All alcoholic beverage displays and storage areas, and all electrical
coolers containing alcoholic beverages shall be locked between the
hours of 2:00 a.m. and 6:00 a.m. in order to prevent public access to
alcoholic beverages during those hours.
14. Business Licensing. Every person conducting a business within the City
of Menifee shall obtain a business license as required by the Menifee
Municipal Code. For more information regarding business registration,
contact the City of Menifee.
15, 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.
16. Noise Monitoring Reports. 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 or the permittee's successor-in-interest shall prepare and
submit an approved report within thirty (30) calendar days to the
Department of Building and Safety, unless more time is allowed through
written agreement by the Department of Building and Safety. The noise
monitoring report shall be approved by the Office of Industrial Hygiene of
the Health Service Agency (the permittee or the permittee's successor-in-
interest shall be required to place on deposit sufficient funds to cover the
costs of this approval prior to commencing the required report).
17. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this conditional use permit as a principal
place of residence. No person shall use the premises as a permanent
mailing address nor be entitled to vote using an address within the
premises as a place of residence.
Conditions of Approval CUP No. 2014-155 7 of 8
18. Attendant. The applicant shall provide regular monitoring of the facility by
an attendant during business hours to control noise, litter and other
nuisances. The facility shall be kept clear of debris at all times.
19. Reclaimed Water. The permit holder shall connect to a reclaimed water
supply for the car wash when secondary or reclaimed water is made
available to the site.
FEES
20, Subsequent Submittals and Fees. Any subsequent submittals required by
these conditions of approval, including but not limited to grading plan,
building plan or mitigation monitoring review, shall be reviewed on an hourly
basis (research fee), or other such review fee as may be in effect at the
time of submittal, as required by Ordinance No. 671. Each submittal shall
be accompanied with a letter clearly indicating which condition or conditions
the submittal is intended to comply with.
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 CUP No. 2014-155 8 of 8
EXHIBIT 661"
Conditions of Approval for Plot Plan No. 2009-051
as approved pursuant to the Extension of Time No. 2014-138
(Third Extension)
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation Conditions
of Approval
Section IV: Riverside County Flood Control District
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
Conditions of Approval for 1 of 53
Plot Plan No. 2009-051
Section I :
Conditions Applicable to all
Departments
Conditions of Approval for 2 of 53
Plot Plan No. 2009-051
General Conditions
1. Project Description Plot Plan No. 2009-051. The use hereby permitted is for a 132,580
sq. ft. retail center. The project will include a 43,830 sq, ft. grocery store, one (1) 15,661
sq. ft. major retail building with drive through, two (2) buildings for multi-tenant shops
totaling 15,600 sq. ft., one (1) 9,973 sq. ft. retail pad building, a 3,860 sq. ft. fast food
restaurant building pad with a drive through, and a 3,878 sq. ft. gas station and
convenience store including a drive through car wash and six (6) fueling pumps, three (3)
major retail buildings totaling 33,629 sq. ft., one (1) 6,240 sq. ft. retail pad building, and
711 parking spaces. The project also includes a recyclable collections area and seasonal
sales located in the parking areas.
The project will also include the installation and/or modification of traffic signals on
Junipero Road, Menifee Road, and McCall Boulevard. Street improvements shall also be
constructed on Junipero Road, Menifee Road and McCall Boulevard.
The project will also contribute to the construction of the Homeland Line A and Line A-2
(of the Romoland/Homeland Master Drainage Plan). Onsite flows will be treated using
infiltration trenches/bio swales which will outlet to the extension of the
Homeland/Romoland MDP Line A-2.
The project will also include public art which will consist of historical plaques embedded
onto the sidewalk throughout the major and shops buildings and a mural on the south
elevation of Pad A. The historical plaques will include text providing a narrative of the
history and importance of early settlers in Menifee Valley.
2. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold
harmless, the City and County 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 this Plot Plan or the City's and County's approval
thereof, or from any proceedings against or brought against the City or County, 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
County, or any agency or instrumentality thereof, advisory agency, appeal board or
legislative body including actions approved by the voters of the City, concerning
Environmental Assessment No. 41320, Change of Zone No. 7501, Plot Plan No. 2009-
051, Conditional Use Permit No. 3549, Conditional Use Permit No. 2009-102 Conditional
Use Permit No. 2009-103. and Tentative Parcel Map No. 34998.
COA amended per First EOT.
3. Definitions. The words identified in the following list that appear in all capitals in the
attached conditions of Plot Plan No. 2009-051 shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2009-051, Amended No. 2, dated
October 15, 2008.
APPROVED EXHIBIT B = Elevations and Floor Plans (Sheets 1-23) for Plot Plan No.
2009-051, Amended No. 2, dated February 12, 2009.
Conditions of Approval for 3 of 53
Plot Plan No. 2009-051
APPROVED EXHIBIT G = Grading Plan for Plot Plan No, 2009-051, Amended No. 2,
dated October 15, 2008.
APPROVED EXHIBIT L = Landscaping Plans (Sheets 1-4) for Plot Plan No. 2009-051,
Amended No. 2, dated October 15, 2008.
APPROVED EXHIBIT M = Material Board and Wall Art Exhibit (Sheets 1-2)for Plot Plan
No. 2009-051, Amended No. 2, dated October 15, 2008.
APPROVED EXHIBIT R = Recycling Area and Seasonal Sales Area Location Exhibit for
Plot Plan No. 2009-051, Amended No. 2, dated October 15, 2008.
COA amended per First EOT.
4. 90 Days. 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. City of Menifee. 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 also will 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. Incorporated City. On October 1st, 2008 the City of Menifee incorporated. At the time
the City incorporated it was required to accept all the laws and ordinances of the County
of Riverside. Over time the City will change these ordinances either by name or content.
The applicant or successor in interest of this project will be subject to ordinances of the
City of Menifee and not those of the County of Riverside that the City has jurisdiction over.
Therefore, any condition of approval listed in this project that references a County of
Riverside Ordinance, will in fact be subject to the equivalent City ordinance or subsequent
ordinance introduced by the City. The applicant or their successor in interest by accepting
these conditions also agrees to accept the equivalent City ordinance or subsequent
ordinance introduced by the City.
Conditions of Approval for 4 of 53
Plot Plan No. 2009-051
7. Comply with all Conditions. The applicant/developer shall comply with all terms and
conditions of Conditional Use Permit No. 3549, Conditional Use Permit No. 2009-102 and
Conditional Use Permit No. 2009-103.
8. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring
plan (attached).
9. 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.
10. Ceased Operations. In the event the use hereby permitted ceases operation for a period
of one (1) year or more, this approval shall become null and void, except as sooner
provided under a conditional use permit or other specific approval.
11. Business License. Every person conducting a business within the City of Menifee shall
obtain a business license as required by City Ordinance. For more information regarding
business registration, contact the City Clerk.
12. 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. 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.
Conditions of Approval for 5 of 53
Plot Plan No. 2009-051
Section II :
Planning Conditions of Approval
Conditions of Approval for 6 of 53
Plot Plan No. 2009-051
General Conditions
13. Geologic Report. The developer shall comply with the recommendations of the Geologic
Report. County Geologic Report (GEO) No. 1895, submitted for these projects (PM34998
& CUP03549), was prepared by Geotechnical Professionals, Inc. and is entitled:
"Geotechnical Investigation, Proposed Retail Center, Heritage Square, County of
Riverside, California", dated June 7, 2006. In addition the following report was submitted
for this project: 'Response to Review Comments, County Geologic Report No. 01895,
Geotechnical Investigation, Proposed Retail Center, Heritage Square, County of
Riverside, California, GPI Project No. 2113.1', dated November 2, 2007. This report is now
included as part of GEO No. 1895.
GEO No. 1895 concluded:
1) Based on site mapping, literature research and aerial photo review, there is no
evidence of active faulting crossing or projecting toward this site. Therefore the
potential for this site to be affected by surface fault rupture is considered low.
2) Except for the potential for this site to be affected by strong seismic shaking, this site
appears to be free of other secondary seismically induced hazards such as
Iandsliding, seiche/tsunami, seismically induced flooding, seismically induced
dynamic settlement or liquefaction.
3) This site is covered by a thin veneer of disturbed near surface soils and a stockpile
of undocumented fill up to 12 feet deep in the westerly portion of the site. Soils below
these materials are dense and considered suitable for support of the planned
improvements.
GEO No. 1895 recommended:
1) All undocumented stockpiled soils and the near surface weathered materials should
be removed to a depth of at least two feet below the existing surface or two feet
below the bottom of the proposed footing grades, whichever is deeper. The exposed
removal bottoms should be firm and unyielding and should exhibit an in-place dry
density of at least 80% relative compaction as determined by ASTM D-1557 and
confirmed by field density testing. Prior to placing any fills, the approved removal
bottoms should be scarified to a depth of 12 inches, moisture conditioned to near
optimum moisture content and compacted to a minimum of 90% of the maximum dry
density as determined by ASTM D-1557.
2) All fill soils should be free of organics and debris and any rock over 12 inches in
greatest dimension. Fill soils should be placed in horizontal lifts of 12 inches or less,
moisture conditioned to optimum moisture content to 2% above optimum moisture
content, and compacted to a minimum of 90% of the maximum dry density as
determined by ASTM D-1557 and verified by field density testing. The upper 12
inches of fills or in-place native soils beneath pavement sub grade areas should be
compacted to 95% of the maximum dry density.
3) All rock greater than 12 inches in greatest dimension should be either crushed to a
smaller size for incorporation in the fills, exported from the site or utilized as
Conditions of Approval for 7 of 53
Plot Pian No. 2009-051
decorative landscape boulders. No rock exceeding 12 inches in greatest dimension
should be incorporated in any fills.
4) Due to the potential for structures on this site to be subjected to strong seismic
shaking, all structures should be designed in accordance with the latest provisions
of the most recent edition of the Uniform Building Code for a site located in UBC
Seismic Zone 4, 11 miles from a UBC Type B Seismic source (San Jacinto Fault -
San Jacinto Valley Segment) and overlying a UBC Type Sc soil. The site should be
expected to experience a peak horizontal ground acceleration of about 0.39 g with
a 10% probability of exceedence in 50 years.
GEO No. 1895 satisfies the requirement for a Geologic/Seismic Study for Planning /CEQA
purposes. GEO No. 1895 is hereby accepted for Planning purposes. This approval is not
intended, and should not be misconstrued as approval for grading permit. Engineering
and other building code parameters will be reviewed and additional comments and/or
conditions may be imposed by the Building and Safety Department upon application for
grading and/or building permits.
14. Comply with Ordinance. The development of these premises shall comply with the
standards of Ordinance No. 348 and all other applicable City of Menifee ordinances and
State and Federal codes. The development of the premises shall conform substantially
with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these
conditions of approval.
15. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights-of-way.
16. Materials. Building colors and materials shall be in substantial conformance with those
shown on APPROVED EXHIBIT M.
17, Subdivision Required. Prior to the sale of any individual structure as shown on
APPROVED EXHIBIT A, a land division shall be recorded in accordance with Riverside
Ordinance No. 460, and any other pertinent ordinance.
18. Reclaimed Water. The permit holder shall 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, hall
use the premises as a permanent mailing address nor be entitled to vote using an address
within the premises as a place of residence.
20. No Outdoor Advertising. 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.
21. No Signs. No signs are approved pursuant to this project approval. Prior to the installation
of any on-site advertising or directional signs, a signing plan shall be submitted to and
approved by the Planning Department pursuant to the requirements of Section 18.30
(Planning Department review only) of Ordinance No. 348. This shopping center is allowed
Conditions of Approval for 8 of 53
Plot Plan No. 2009-051
a maximum of two (2) free standing signs: one on McCall Boulevard and the second on
Menifee Road. The project is located within a Scenic Highway Corridor. McCall Boulevard
and Menifee Road are designated as County Eligible Scenic Highways. All future signage
shall be in conformance with SCMVAP Policy 17.2.
Added from 3123110 Planning Commission Meeting:
The sign program shall include directional signage which clearly identifies the truck
entrance and promotes the use of the other project driveways for customer
entrances. Directional signage shall also be provided between the Majors C and D
to direct customers to the driveway on Junipero Road.
Added from 4127110 Planning Commission Meeting:
A major entry statement shall also be placed at the entry to the site on McCall
Boulevard,
22. 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
45 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.
23. Industrial Hygiene. The project shall comply with the recommendations of the
Department of Public Health, Office of Industrial Hygiene as stated in their letter dated
October 7, 2008 and summarized as follows:
1) Facility related noise, as projected to any portion of any surrounding property
containing a "sensitive receiver, habitable dwelling, hospital, school, library or nursing
home", must not exceed the following worst-case noise levels 45 dB(A) - 10 minute
noise equivalent level ("leq"), between the hours of 10:00 p.m. to 7:00 a.m. (nighttime
standard) and 65 dB (A) - 10 minute leq, between 7:00 a.m. and 10:00 p.m. (daytime
standard).
2) Whenever a construction site is within one-quarter of a mile of an occupiedx residence
or residences, no construction activities shall be undertaken between the hours of 6:00
p.m. and 6:00 a.m. during the months of June through September and between the
hours of 6:00 p.m. and 7:00 a.m. during the months of October through May.
Exceptions to these standards shall be allowed only with the written consent of the
building official.
3) All construction vehicles, equipment fixed or mobile shall be equipped with properly
operating and maintained mufflers.
4) During construction, best efforts should be made to locate stockpiling and/or vehicle
staging area as far as practicable from existing residential dwellings.
5) An eight foot high control barrier is to be constructed around loading bays of Majors
A-E. The barrier shall be positioned so that it breaks the line of sight of the nearest
adjacent property. The barrier is to be built as close to the bay perimeter as is feasible
to achieve maximum noise attenuation.
Conditions of Approval for 9 of 53
Plot Plan No. 2009-051
6) Truck deliveries and trash compactor activities are to be limited to daytime hours (7:00
a.m. to 10:00 p.m.).
7) Our department (office of Industrial Hygiene must receive, review and approve an
acoustical report (as listed above) addressing the noise that might be produced from
speaker phones and air conditioning unit location and specifications from each plot
plan. Building design must be shown to reduce interior noise to at or below 50 Ldn for
those buildings along Menifee Road and McCall Boulevard,
8) The applicant shall pay review fees to the Department of Public Health for all time
spent in review of this project. Fees will be assessed at the Department's hourly rate
for Industrial Hygienists.
24. RTA Letter. The applicant/developer shall comply with the Riverside Transit Agency's
letter dated April 24, 2007 and summarized as follows: Because of future bus service is
likely, RTA is proposing a bus stop with a bus turnout along the perimeter of the site at
this approximate location:
- Westbound McCall Boulevard, just west of the intersection with Menifee Road, placed
approximately midway between the intersection and the first driveway to the west.
25. Parking. Parking for this project was determined primarily on the basis of Ordinance No.
348, Section 18.12. a.(2).b), General Retail Uses: 5.5 spaces required per 1,000 sq. ft. of
floor area 132,580 square feet = 729 spaces required. This project is eligible for a 2%
reduction in the number of parking spaces because it is within 150 feet of a mass transit
facility (bus stop/turnout located on McCall Boulevard), pursuant to Ord. 348, Section
18.12, e. (2) b). 729 spaces minus the 2% reduction (15 spaces) = 714 spaces required.
The project provides 719 spaces total.
26. Loading Areas. Loading and/or unloading of goods/supplies for tenants within this
shopping center shall occur in designated loading areas as shown on EXHIBIT A only. No
loading or unloading is allowed in front of the stores or within drive aisles. Loading areas
shall be kept free of debris and clean.
Added from 3/23/10 Planning Commission Meeting:
Loading and/or unloading of goods/supplies shall only occur during non-peak
hours; more specifically, between the hours of 7:00 a.m. and 11:00 a.m. and 2:00
p.m. and 9:00 p.m.
27. 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".
Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be provided for
the loading spaces for the major tenants. The intent of this condition is to provide
Conditions of Approval for 10 of 53
Plot Plaza No. 2009-051
electrical hook-ups for refrigerated trailers that will be parked at the facility for more than
15 minutes. The use of truck engines or auxiliary power units to power refrigerated
trailers for extended periods of time is not allowed.
28. 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, except for all outdoor storage approved under
Conditional Use Permit No. 2009-103 (recyclable areas associated with the grocery store).
COA added per First EOT.
29. Hours of Construction. Construction activities shall be restricted to the hours of 6:30 am
to 7:00 pm Monday through Friday, 8:00 am to 5 pm on Saturdays, and are prohibited on
Sundays and federal holidays.
COA added per First EOT.
30. Greenhouse Gases:
a. Energy Efficiency. The project is required to incorporate enhanced energy efficiency
standards to minimize energy consumption and compliance with Measure XVI. The
project must exceed 2005 Title 24 Building Energy Efficiency minimum requirements by a
minimum of 14% or meet/exceed 2008 Title 24 minimum requirements.
b. Low or Non-VOC Paints. Only low- and non-VOC containing paints, sealants,
adhesives and solvents shall be utilized in the construction of this project.
ARCHEOLOGY
31. 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 a reasonable timeframe.
Subsequently, the Native American Heritage Commission shall identify the "most likely
descendant." The most likely descendant shall then make recommendations and engage
in consultation concerning the treatment of the remains as provided in Public Resources
Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized
historical associations to the project area shall also be subject to consultation between
appropriate representatives from that group and the Community Development Director.
COA amended per First EOT.
32. Inadvertent 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
Conditions of Approval for 11 of 53
Plot Plan No. 2009-051
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.
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 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.
4) Treatment and avoidance of the newly discovered resources shall be consistent with
the Cultural Resources Treatment and Monitoring Agreement
COA amended per First EOT.
LANDSCAPING
33. Drought Tolerant Landscaping. Drought tolerant and native plant species shall be
preferred over non-drought tolerant and non-native species. However, the quantity and
extent of those species shall depend on the project's climatic zones. Alternative types of
low volume irrigation are encouraged to be used in order to conserve water. All
landscaping shall meet the water efficient landscaping ordinance.
34. Landscape Screening. Landscape screening located along the northern property line
shall be designed to be opaque up to a minimum height of six (6) feet at maturity except
that planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow
higher than thirty (30) inches and no trees shall be planted within 10 feet of driveways,
alleys, or street intersections.
35. Viable Landscaping. All plant materials within landscaped areas shall be maintained in
a viable growth condition throughout the life of this permit. To ensure that this occurs, the
Planning Department shall require inspections prior to building final inspection/occupancy.
36. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition
so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim
landscaping or provided with other wind and water erosion control measures as approved
by the Planning Department and the South Coast Air Quality Management District
(SCAQMD).
COA added per First EOT.
Conditions of Approval for 12 of 53
Plot Plan No. 2009-051
FEES
37. Open Space Fee. In accordance with Ordinance No. 810, to assist in providing revenue
to acquire and preserve open space and habitat, an Interim Open Space Mitigation Fee
shall be paid for each development project or portion of an expanded development project
to be constructed in Western Riverside County. The amount of the fee for commercial or
industrial development shall be calculated on the basis of"Project Area,"which shall mean
the net area, measured in acres, from the adjacent road right-of-way to the limits of the
project development. Any area identified as "NO USE PROPOSED" on the APPROVED
EXHIBIT shall not be included in the Project Area,
38. Subsequent Submittals. Any subsequent submittals required by these conditions of
approval, including but not limited to grading plan, building plan or mitigation monitoring
review, shall be reviewed on an hourly basis (research fee), or other such review fee as
may be in effect at the time of submittal, as required by Ordinance No. 671. Each submittal
shall be accompanied with a letter clearly indicating which condition or conditions the
submittal is intended to comply with.
Prior to Certain Date
39. 1 nration of Gonvenienee Store—PF;Oto–th-le ;ssuanee of the
approval letteF, the appliGant shall submit a Fevised site plan to the Planning DepartMBRt
legation of the GenvenienGe store and gas station Ganap RIM
convenienee store shall be
Gana y shall be IeGated to #h_ d_ # f th., GGRvenience stere-in-'ordeFte-p%et4he-500-foe
t
setbad' requirement for alcohol sales at GOnvenienGe steres and GGheels, Of OFdinanGe
348 Seetlen 18.47, .J Dense I....rl G....pe s shall b"Fevided and shewn on the
r ..
.J '# la aI..i�9-n-�#hc--avrrvcn�'
Jsreenlrshall inGlude, but not limited to, trellis andvme&agamst-the-e�eRGe-st�,
shrubs and
No approval letter will be issued and no permits (grading, bu iding or
othe I�trees.
Department. -led ntil a re�-ised site plan is submitted to and approved by the PlaRR[n@
Condition deleted per EOT 3. Condition was satisfied.
Prior to Issuance of Grading Permit
40. Industrial Hygiene. The project shall comply with the recommendations of the
Department of Public Health, Office of Industrial Hygiene as stated in their letter dated
October 7, 2008 and summarized as follows:
1) Whenever a construction site is within one-quarter of a mile of an occupied residence
or residences, no construction activities shall be undertaken between the hours of 6:00
p.m. and 6:00 a.m. during the months of June through September and between the
hours of 6:00 p.m. and 7:00 a.m. during the months of October through May.
Exceptions to these standards shall be allowed only with the written consent of the
building official.
2) All construction vehicles, equipment fixed or mobile shall be equipped with properly
operating and maintained mufflers.
Conditions of Approval for 13 of 53
Plot Plan No. 2009-051
3) During construction, best efforts should be made to locate stockpiling and/or vehicle
staging area as far as practicable from existing residential dwellings.
41. Change of Zone. No grading permits shall be issued until Change of Zone No. 7501 has
been approved and adopted by the Menifee City Council and has been made effective.
This permit shall conform with the development standards of the zone ultimately applied
to the property.
42. Trails Plan. Prior to the issuance of any grading permits, the applicant shall submit a trails
plan to the City of Menifee for review and approval. This trails plan shall show the trail with
all topography, grading, cross-sections, fencing, signage (if applicable), and all
landscaping.
43. 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;
L All inactive disturbed surface areas must be watered on a daily basis when there
is evidence of wind drive fugitive dust;
Conditions of Approval for 14 of 53
Plot Plan No. 2009-051
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;
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.
44. Mitigation Monitoring. The permittee shall prepare and submit a written report to the
Planning Director demonstrating compliance with those conditions of approval and
mitigation measures of this project and E.A. No. 41320 which must be satisfied prior to the
issuance of a grading permit. The Planning Director may require inspection or other
monitoring to ensure such compliance
ARCHEOLOGY
45. Human Remains (2). If human remains are encountered, State Health and Safety Code
Section 7050.5 states that no further disturbance shall occur until the County Coroner has
made a determination of origin and disposition pursuant to Public Resource Code section
5097.98. The County Coroner shall be notified of the find immediately. If the remains are
determined to be prehistoric, the coroner shall notify the Native American Heritage
Commission, which will determine and notify the appropriate NATIVE AMERICAN TRIBE
who is the most likely descendent. The descendent shall inspect the site of the discovery
and make a recommendation as to the appropriate mitigation. After the recommendations
have been made, the property owner, a Native American Tribe representative, and a
Conditions of Approval for 15 of 53
Plot Plan No. 2009-051
County representative shall meet to determine the appropriate mitigation measures and
corrective actions to be implemented.
46. Native American Monitoring. Because there were two documented archaeological sites
along the outside western boundary of the subject parcel, tribal monitor(s) from the
appropriate Native American Tribe(s) shall be required on-site during all ground disturbing
activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc.
The land divider/permit holder shall retain a qualified tribal monitor from the Pechanga
Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit
a copy of a fully signed contract between the above mentioned Tribe and the land
divider/permit holder for the monitoring and any necessary mitigation of the project, and
which addresses the treatment of cultural resources, to the Planning Department and to
the Department of Building and Safety. The Native American Monitor(s) shall have the
authority to temporarily divert, redirect or halt the ground disturbance activities to allow
recovery of cultural resources, in coordination with the Project Archaeologist.
47. Archeologist Retained. Because of the two documented archaeological sites located
along the outside boundary of the subject parcel, prior to the issuance of rough grading
permits, a qualified archaeologist (pursuant to the Secretary of the Interior's standards and
County or City guidelines) shall be retained by the land divider for archaeological
monitoring and any necessary mitigation services for the proposed grading with respect
to potential impacts to archaeological and/or cultural resources. A pre-grade meeting
between the archaeologist, the Native American tribal representative(s), and the
excavation and grading contractor shall take place to discuss appropriate grading and
ground disturbing methods within and around those archaeologically and culturally
sensitive areas within the project. During grading operations, when deemed necessary in
the professional opinion of the retained archaeologist (and/or as determined by the
Planning Director), the archaeologist, the archaeologist's on-site representative(s) and the
Native American tribal representatives) shall actively monitor all project related grading
and shall have the authority to temporarily divert, redirect, or halt grading activity to allow
recovery of archaeological and/or cultural resources. Prior to the issuance of grading
permits, a copy of a fully executed contract for archaeological monitoring and mitigation
services, including the NAME, ADDRESS and TELEPHONE NUMBER of the retained
archaeologist shall be submitted to the Planning Department and the B&S Grading
Division.
48. Agreement. Prior to grading permit issuance, the applicant shall provide the Planning
Director evidence of a fully executed agreement with the appropriate Native American
Tribe that addresses the treatment and disposition of all cultural resources impacted as a
result of the development. The Developer shall relinquish ownership of all cultural
resources, including all archaeological artifacts that are of Native American origin, found
in the project area to the Pechanga Band of Luiseno Indians, pursuant their letter of
request dated October 3, 2008, for proper treatment and disposition, upon submittal of the
Phase IV Archaeological Monitoring Report by the Project Archaeologist to the
Archaeologist.
FEES
49, Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant
shall comply with the provisions of Ordinance No. 663, which generally requires the
payment of the appropriate fee set forth in that ordinance. The amount of the fee required
Conditions of Approval for 16 of 53
Plot Plan No. 2009-051
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 19.6 acres (gross) in accordance with
APPROVED EXHIBIT NO. A. If the development is 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 mitigation fee ordinance, payment of the appropriate fee set forth in that
ordinance shall be required.
50. Fees. Prior to the issuance of grading permits for Plot Plan No. 2009-051, the Planning
Department shall determine the status of the deposit based fees. If the fees are in a
negative status, the permit holder shall pay the outstanding balance.
Prior to Issuance of Buildinq Permit
51, Submit Building Plans. Prior to the issuance of a building permit, the permitee shall
submit building plans with the City of Menifee Building and Safety Department for building
permits. The building plans shall be in substantial conformance with APPROVED EXHIBIT
B.
Building and Safety will require the following items:
1. Plans shall be designed to the provisions of the 2013 edition of the California
Building, Mechanical, Electrical and Plumbing, Energy and Green Codes.
2. Three (3) sets of plan drawings shall be submitted along with two (2) copies of
structural and Title 24 Energy documentation.
3. Two (2) sets of precise grading plans shall be submitted at time of building plan
review submittal. Showing all disabled access paths of travel, cross and
directional slope percentages, site accessibility features and details.
4. All exterior lighting shall comply with Ordinance 2009-24, "Dark Sky
Ordinance'.
5. All exterior lighting shall fall within current commercial standards.
6. Separate plan submittal will be required to Riverside County Fire along with a
formal transmittal issued by Building and Safety.
COA amended per EOT 3.
52, Elevations. Elevations of all buildings and structures submitted for building plan check
approval shall be in substantial conformance with the elevations shown on APPROVED
EXHIBIT B.
53. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
54, Trash Compactor/Major B. Prior to issuance of a building permit for the building labeled
"Major B" on Approved Exhibit A, the building plans for the building shall show and provide
a screen wall around the trash enclosure (north and west sides). No roof structure is
required. The screen wall shall be decorative and/or match the screen walls provided for
Conditions of Approval for 17 of 53
Plot Plan No. 2009-051
the loading docks of Major A and Major B and is subject to Community Development
Department approval.
Added per EOT 3.
55. Major D. Prior to issuance of a building permit for the building labeled "Major D" on
Approved Exhibit A, the building plans for the building shall show and provide a screen
wall for the loading dock. The screen wall shall be decorative and/or match the screen
walls provided for the loading docks of Major A and Major B and is subject to Community
Development Department approval.
Added per EOT 3.
56. Major E. Prior to issuance of a building permit for the building labeled "Major E" on
Approved Exhibit A, the building plans for the building shall show and provide a screen
wall for the loading dock. The screen wall shall be decorative and/or match the screen
walls provided for the loading docks of Major A and Major B and is subject to Community
Development Department approval.
Added per EOT 3.
57. Roof Mounted Equipment Plans. 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.
COA amended per First EOT.
58. Fencing Plan. A fencing plan shall be submitted showing all wall and fence locations and
typical views of all types of fences or walls proposed. This plan shall require anti-graffiti
coatings on fences and walls, where applicable.
59. Change of Zone. No building permits shall be issued until Change of Zone No. 7501 has
been approved and adopted by the Menifee City Council and has been made effective.
This permit shall conform with the development standards of the zone ultimately applied
to the property.
60. Office of Industrial Hygiene. The applicant/developer shall comply with the
recommendations of the Office of Industrial Hygiene contained in their letter dated October
7, 2008 summarized as follows:
1) Whenever a construction site is within one-quarter of a mile of an occupied residence
or residences, no construction activities shall be undertaken between the hours of 6:00
p.m. and 6:00 a.m. during the months of June through September and between the
hours of 6:00 p.m. and 7:00 a.m. during the months of October through May.
Conditions of Approval for 18 of 53
Plot Plan No. 2009-051
Exceptions to these standards shall be allowed only with the written consent of the
building official.
2) All construction vehicles, equipment fixed or mobile shall be equipped with properly
operating and maintained mufflers.
3) During construction, best efforts should be made to locate stockpiling and/or vehicle
staging area as far as practicable from existing residential dwellings.
61. Waste Management Clearance. A clearance letter from Riverside County Waste
Management District shall be provided to the Riverside County Planning Department
verifying compliance with the conditions contained in their letter dated April 27, 2007,
summarized as follows: The developer shall provide adequate areas for collecting and
loading recyclable materials such as paper products, glass and green waste in
commercial, industrial, public facilities and residential development projects. Prior to the
issuance of a building permit, a Waste Recycling Plan (WRP) shall be submitted to the
Waste Management Department for approval. At a minimum the WRP must identify the
materials that will be generated by construction and development, the projecte3d
amounts, the measures w/methods that will be taken to recycle, reuse, and/or reduce the
amount of materials, the facilities and/or haulers that will be utilized, and the targeted
recycling or reduction rate. Prior to issuance of an occupancy permit, evidence to
demonstrate project compliance with the approved WRP shall be presented by the project
proponent to the Planning/Recycling Division of the Riverside County Waste Management
Department in order to clear the project for occupancy permits.
62. Security Systems. Prior to the issuance of building permits, the applicant shall prepare a
security plan for the site. The applicant shall also install exterior cameras to monitor all
parking stalls within the project site. These cameras shall be attached to the proposed
light poles in the parking lot and/or the exterior of the buildings themselves. The interior
and exterior cameras shall be equipped with recording capabilities allowing it to save a
minimum of four months of recording time. The Sherriff's Department and/or Planning
Department shall verify that the security system has been installed prior to final
occupancy.
COA added per First EOT. Moved to prior to building permit issuance per Second
EOT.
60. Lighting Plans. 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 Ordinance No. 2009-024 (Menifee Municipal
Code Chapter 6.01) and the General Plan. The building plans shall show the location and
types of light fixtures that will be within the project site. Lighting fixtures shall be
decorative. Shoe box type lighting will not be allowed. Lighting shall be designed to define
the vehicular and pedestrian circulation patterns and ensure safe pedestrian movement.
The types of lighting fixtures used shall be subject to Community Development
Department approval.
COA amended per Third EOT.
Conditions of Approval for 19 of 53
Plot Plan No. 2009-051
63. Lighting Hooded. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights-of-way.
64. Public Art Plans. The developer shall submit plans to the Planning Department for review
and approval showing the proposed public art to be installed within the project site.
65. Construct Trail. Prior to the issuance of the second building permit, the applicant shall
build the trail as shown on the approved trails plan. The applicant shall arrange for an
inspection of the constructed trail with the Gity of Menifee.
66. Mitigation Monitoring. The permittee shall prepare and submit a written report to the
Planning Director demonstrating compliance with those conditions of approval and
mitigation measures of this project and E.A. No. 41320 which must be satisfied prior to the
issuance of a building permit. The Planning Director may require inspection or other
monitoring to ensure such compliance.
LANDSCAPING
67. Performance Securities. Performance securities, in amounts to be determined by the
Planning Department to guarantee the installation of plantings, irrigation system, walls
and/or fences, in accordance with the approved plan, shall be filed with the Planning
Department. 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.
COA amended per First EOT.
68. 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.
Conditions of Approval for 20 of 53
Plot Plan No. 2009-051
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 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.
COA amended per First EOT.
69. Inspection Fees. Prior to issuance of building permits, the permit holder shall open a
Landscape DBF case and deposit the prevailing DBF amount to cover the pre-installation,
installation, Six Month and One Year Landscape Inspections. In the event that no
Landscape DBF case type is available through the City, then the applicant shall open and
deposit sufficient funds into an HR case type at the current prevailing, Council adopted,
hourly rate. The amount of hours for the 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.
COA amended per First EOT.
70. Project Specific Landscaping. In addition to the requirements of the Landscape and
Irrigation Plan submittal, the following project specific conditions shall be imposed:
a. Install a 12" concrete walk out next to a 6" curb, a total of 18" for all planters next
to parking spaces. Walkout is shown in parking spaces and not in planters. Please
revise.
b. Provide dense landscape screening of the convenience store adjacent to the
driveway.
71. Specimen Trees. Landscaping plans shall incorporate the use of specimen (24" box or
greater) canopy trees long streets and within the parking areas. All trees and shrubs shall
be drawn to reflect the average specimen size at 15 years of age. All trees shall be double-
staked and secured with non-wire ties.
Conditions of Approval for 21 of 53
Plot Plan No. 2009-051
72. Curb Along Planters. 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.
FEES
73. Perris Union School District. Impacts to the Perris Union High School District shall be
mitigated in accordance with California State law.
74. Romoland School District. Impacts to the Romoland School District shall be mitigated
in accordance with California State law.
75. Fees. Prior to issuance of building permits for Plot Plan No. 2009-051, the Planning
Department shall determine the status of the deposit based fees for project. If the case
fees are in a negative state, the permit holder shall pay the outstanding balance.
Prior to Final Inspection
76. Parking Spaces. A minimum of 719 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 or concrete to current standards as
approved by the Department of Building and Safety.
ADA Parking. A minimum of thirty (30) accessible parking spaces for persons with
disabilities shall be provided as shown on APPROVED EXHIBIT A. 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.
Loading Spaces. A minimum of seven (7) loading spaces shall be provided in
accordance with Section 18.12.a.(2)f(3).b. of Ordinance 348, and as shown on
APPROVED EXHIBIT A. The loading spaces shall be surfaced with six (6) inches of
concrete over a suitable base and shall not be less than 10 feet wide by 35 feet long, with
14 feet vertical clearance.
Conditions of Approval for 22 of 53
Plot Plan No. 2009-051
Compact Parking. A maximum of forty-four (44) parking spaces may be sized for
compact cars (8 1/2' x 16) and shall be clearly marked "COMPACT CARS ONLY".
Bike Rack Spaces. A bicycle rack with a minimum of twenty-one (21) 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.
COA amended per First EOT.
77. Roof-Mounted Equipment. Roof-mounted equipment shall be shielded from ground
view. Screening material shall be subject to Planning Department approval.
78. 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 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.
79. Walls and Fences. Wall and/or fence locations shall be in conformance with APPROVED
EXHIBIT A. A minimum six (6) foot high decorative block wall or combination landscaped
earthen berm and decorative block wall shall be constructed along the northern property
line. The exterior side of all masonry walls shall be surfaced with a protective coating that
will facilitate the removal of graffiti. The required wall and/or berm shall be subject to the
approval of the Director of the Department of Building and Safety and the Planning
Director and the appropriate flood control agency, and shall be shown on all grading and
landscaping plans.
80. Trash Enclosure. Prior to occupancy, the developer shall demonstrate that adequate
trash enclosures are provided for all tenants. At minimum, six (6) trash enclosures which
are adequate to enclose a minimum of ten (10) bins shall be located as shown on the
APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy
permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be made
with decorative masonry block with landscaping screening and a solid gate which screens
the bins from external view. Additional enclosed area for collection of recyclable materials
shall be located within, near or adjacent to each trash and rubbish disposal area. The
recycling collection area shall be a minimum of fifty percent (50%) of the area provided for
the trash/rubbish enclosure(s) or as approved by the Riverside County Waste
Management Department. All recycling bins shall be labeled with the universal recycling
symbol and with signage indicating to the users the type of material to be deposited in
each bin.
81. Historical Plaques. Prior to occupancy, historical plaques and the art wall on Pad A shall
be installed as shown on approved plans.
82. Clearance Letter from Industrial Hygiene. A clearance letter from the Office of
Industrial Hygiene shall be provided to the Planning Department verifying compliance with
the conditions of their letter dated October 7, 2008 summarized as follows:
Conditions of Approval for 23 of 53
Plot Plan No. 2009-051
1) An eight foot high control barrier is to be constructed around loading bays of Majors
A-E. The barrier shall be positioned so that it breaks the line of sight of the nearest
adjacent property. The barrier is to be built as close to the bay perimeter as is feasible
to achieve maximum noise attenuation.
2) Truck deliveries and trash compactor activities are to be limited to daytime hours (7:00
a.m. to 10:00 p.m.).
3) Our department (office of Industrial Hygiene must receive, review and approve an
acoustical report (as listed above) addressing the noise that might be produced from
speaker phones and air conditioning unit location and specifications from each plot
plan. Building design must be shown to reduce interior noise to at or below 50 Ldn for
those buildings along Menifee Road and McCall Boulevard. The Office of Industrial
Hygiene will determine which businesses will be required to have an acoustical report.
4) The applicant shall pay review fees to the Department of Public Health for all time
spent in review of this project. Fees will be assessed at the Department's hourly rate
for Industrial Hygienists.
83. Clearance from WMD. The applicant shall provide a letter from the Riverside County
Waste Management Department to the Planning Department verifying compliance with
their letter dated April 27, 2007 and summarized as follows:
1) Prior to the issuance of a building permit, a Waste Recycling Plan (WRP) shall be
submitted to the Waste Management Department for approval. At a minimum the WRP
must identify the materials that will be generated by construction and development,
the projecte3d amounts, the measures w/methods that will be taken to recycle, reuse,
and/or reduce the amount of materials, the facilities and/or haulers that will be utilized,
and the targeted recycling or reduction rate.
2) Prior to issuance of an occupancy permit, evidence to demonstrate project compliance
with the approved WRP shall be presented by the project proponent to the
Planning/Recycling Division of the Riverside County Waste Management Department
in order to clear the project for occupancy permits.
84. Clearance Letter from RTA. The applicant/developer shall submit a letter from the
Riverside Transit Agency (RTA) to the Planning Department verifying their compliance
with the RTA comment letter dated April 24, 2007 and summarized as follows: RTA is
proposing a bus stop with bus turnout along the perimeter of the site at this approximate
location:
Westbound McCall Blvd, just west of the intersection with Menifee Road, placed
approximately midway between the intersection and the first driveway to the west.
85. Security Systems. The Riverside County Sheriff Department and/or Planning
Department shall verify that the security system has been installed in compliance with the
Riverside County Sheriff Department's requirements prior to final occupancy.
COA added per Second EOT.
Conditions of Approval for 24 of 53
Plot Plus No. 2009-051
86. 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 project and E.A. No. 41320 which must be
satisfied prior to the issuance of a building permit final/occupancy. The Community
Development Director may require inspection or other monitoring to ensure such
compliance.
87. Condition Compliance. The Department of Building and Safety 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.
88. Final Planning Inspection. The permitee shall obtain final occupancy sign-off from the
Planning Division for each building permit issued by scheduling a final Planning inspection
prior to the final sign-off from the Building Department. Planning staff shall verify that all
pertinent conditions of approval have been met, including compliance with the approved
elevations, site plan, parking lot layout, etc. The permitee shall have all required paving,
parking, walls, site lighting, landscaping and automatic irrigation installed and in good
condition.
COA added per First EOT.
ARCHEOLOGY
89. Phase IV Report. Prior to Final Inspection, the applicant shall submit to the City
Archaeologist one certified paper copy and two (2) certified, PDF formatted CD copies of
the Phase IV Cultural Resources Monitoring Report. The report shall follow the posted
report scope of work on the TLMA website and be certified by a City Registered
Archaeologist.
LANDSCAPING
90. Soil Management Plan. The permitee shall submit a Soil Management Plan (Report) to
the Planning Department before the Landscape Installation Inspection. The report can be
sent in electronically. Information on the contents of the report can be found in the County
of Riverside Guide to California Friendly Landscaping page 16, #7, "What is required in a
Soil Management Plan?"
COA added per First EOT.
91. Installation Inspection. The permit holder's landscape architect responsible for
preparing the Landscaping and Irrigation Plans shall arrange for a Pre-Landscape
installation inspection and a Landscape Completion Installation Inspection. The pre-
landscape inspection shall be arranged at least fifteen (15) working days prior to
installation of landscaping. The landscape completion inspection shall be arranged at
least fifteen (15) working days prior to final inspection of the structure or issuance of
occupancy permit, whichever occurs first. I. 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. A One
Conditions of Approval for 25 of 53
Plot Plan No. 2009-051
Year Post-Establishment Inspection will also be required. The Planning Department will
require a deposit in order to conduct the landscape inspections.
COA modified per Second EOT.
92. Landscaping 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.
93. Final Landscape Approval. The final landscape approval following installation shall be
subject to the review and approval of the City's Landscape Architectural Consultant and
the Community Development Director, The Community Development Director may require
additional trees, shrubs and/or groundcover as necessary, if site inspections reveal
landscape deficiencies that were not apparent during the plan review process.
COA added per First EOT.
FEES
94. 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 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. 2009-051 is
calculated to be 15.58 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.
95. Ord. 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 Ordinance No.
659, 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 installation of facilities and the acquisition of open space and habitat
necessary to address the direct and cumulative environmental effects generated by new
development project 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
Conditions of Approval for 26 of 53
Plot Plan No. 2009-051
development. The Project Area for Plot Plan No. 2009-051 has been calculated to be
15.58 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
mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall
be required.
Conditions of Approval for 27 of 53
Plot Plan No. 2009-051
Section III :
Engineering/Transportation/ Grading
Conditions of /approval
Conditions of Approval for 28 of 53
Plot Plan No. 2009-051
General Conditions
96. Grading Requirements. Improvements such as grading, filling, over excavation and
recompaction, and base or paving which require a grading permit are subject to the
included Building and Safety Department Grading Division conditions of approval.
Conform to Code. All grading shall conform to the California Building Code, Ordinance
457, and all other relevant laws, rules, and regulations governing grading in Riverside
County and prior to commencing any grading which includes 50 or more cubic yards, the
applicant shall obtain a grading permit from the Building and Safety Department.
Ordinance No. 457. Ordinance 457 requires a grading permit prior to clearing, grubbing,
or any top soil disturbances related to construction grading.
97. Erosion Control. 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 (refer to dept. form 284-47).
98, Slopes. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal
to vertical) unless otherwise approved.
99. Slope Stability Report. A slope stability report shall be submitted and approved by the
County Geologist for all proposed cut or fill slopes steeper than 2:1 (horiz. to vert.) or over
30' in vertical height - unless addressed in a previous report.
100. Grading to Comply with Flood. All grading and drainage shall be designed in
accordance with Riverside County Flood Control & Water Conservation District's
conditions of approval regarding this application. If not specifically addressed in their
conditions, drainage shall be designed to accommodate 100 year storm flows.
Additionally, the Building and Safety Department's conditional approval of this application
includes an expectation that the conceptual grading plan reviewed and approved for it
complies or can comply with any WQMP (water Quality Management Plan) required by
Riverside County Flood Control &Water Conservation District.
101. Drainage Grade. Minimum drainage grade shall be 1% except on portland cement
concrete where 0.5% shall be the minimum.
COA amended per First EOT.
102. Excavation and Grading. Provide drainage facilities and terracing in conformance with
the Uniform Building Code's chapter on "EXCAVATION & GRADING".
103. Slope Setbacks. Observe slope setbacks from buildings & property lines per the Uniform
Building Code as amended by Ordinance 457.
104. Paving. All offstreet parking areas which are conditioned to be paved shall conform to
Ordinance 457 base and paving design and inspection requirements.
105. Grading Permit Required. Prior to the issuance of any building permit, the property
owner shall obtain a grading permit and/or approval to construct from the Grading Division
of the Building and Safety Department.
Conditions of Approval for 29 of 53
Plot Plan No. 2009-051
106. Retaining Walls. Lots which propose retaining walls will require separate permits. They
shall be obtained prior to the issuance of any other building permits - unless otherwise
approved by the Building and Safety Director. The walls shall be designed by a Registered
Civil Engineer - unless they conform to the City Standard Retaining Wall designs shown
on the Building and Safety Department form 284-197.
107, Manufactured Slopes. Plant & irrigate all manufactured slopes steeper than a 4:1
(horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground
cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs
or trees or as approved by the Building& Safety Department's Erosion Control Specialist,
108. Paving Inspections. The developer/applicant shall be responsible for obtaining the
paving inspections required by Ordinance 457.
109. NPDES. Prior to issuance of any grading or construction permits -whichever comes first
- the applicant shall provide the Building and Safety Department evidence of compliance
with the following: "Effective March 10, 2003 and thereafter as required by the revised
permit in 2010, owner operators of grading or construction projects are required to comply
with the N.P.D.E.S. (National Pollutant Discharge Elimination System) requirement to
obtain a construction permit from the State Water Resource Control Board (SWRCB). The
permit requirement applies to grading and construction sites of"ONE" acre or larger. The
owner operator can comply by submitting a "Notice of Intent" (NOI), develop and
implement a STORM WATER POLLUTION PREVENTION PLAN (SWPPP) and a
monitoring program and reporting plan for the construction site. For additional information
and to obtain a copy of the NPDES State Construction Permit contact the SWRCB at (916)
657-1146. Additionally, at the time the city adopts, as part of any ordinance, regulations
specific to the N.P.D.E.S., this project (or subdivision) shall comply with them.
110. Standards in Public Right of Way. With respect to the conditions of approval for the
referenced tentative exhibit, the landowner shall provide all street improvements, street
improvement plans and/or road dedications set forth herein in accordance with Ordinance
460, the City of Menifee Standard Details and Specifications, and Riverside City Road
Improvement Standards (Ordinance 461). It is understood that the exhibit correctly shows
acceptable centerline elevations, all existing easements, traveled ways, and drainage
courses with appropriate Q's, and that their omission or unacceptability may require the
exhibit to be resubmitted for further consideration. These Ordinances and all conditions of
approval are essential parts and a requirement occurring in ONE is as binding as though
occurring in all. All questions regarding the true meaning of the conditions shall be referred
to the Engineering Department.
Modified per EOT 3
Prior to Issuance of Grading Permit
111.Performance Securities. Grading in excess of 199 cubic yards will require performance
security to be posted with the Building and Safety Department. Single Family Dwelling
units graded one lot per permit and proposing to grade less than 5,000 cubic yards are
exempt.
Conditions of Approval for 30 of 53
Plot Plan No. 2009-051
112.Erosion Control. 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, see form 284-47.
113.Soils Report. Geotechnical soils reports, required in order to obtain a grading permit, shall
be submitted to the Building and Safety Department's Grading Division 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 Riverside County.*
*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,
114. Grading to Comply. All grading and drainage shall be designed in accordance with
Riverside County Flood Control & Water Conservation District's conditions of approval
regarding this application. If not specifically addressed in their conditions, drainage shall
be designed to accommodate 100 year storm flows. Additionally, the Building and Safety
Department's conditional approval of this application includes an expectation that the
conceptual grading plan reviewed and approved for it complies or can comply with any
WQMP (water Quality Management Plan) required by Riverside County Flood Control &
Water Conservation District.
115. Grading Permit. 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 herein proposed.
116. Off-site Grading. A notarized letter of permission, from the affected property owners or
easement holders, is required for any proposed off site grading.
117. Easement. A recorded easement is required for offsite drainage facilities.
118. NPDES. Prior to issuance of any grading or construction permits - whichever comes first
- the applicant shall provide the Building and Safety Department evidence of compliance
with the following: "Effective March 10, 2003 and thereafter as required by the revised
permit in 2010, owner operators of grading or construction projects are required to comply
with the N.P.D.E.S. (National Pollutant Discharge Elimination System) requirement to
obtain a construction permit from the State Water Resource Control Board (SWRCB). The
permit requirement applies to grading and construction sites of"ONE" acre or larger. The
owner operator can comply by submitting a "Notice of Intent" (NOI), develop and
implement a STORM WATER POLLUTION PREVENTION PLAN (SWPPP) and a
monitoring program and reporting plan for the construction site. For additional information
and to obtain a copy of the NPDES State Construction Permit contact the SWRCB at (916)
657-1146.
Additionally, at the time the City adopts, as part of any ordinance, regulations specific to
the N.P.D.E.S., this project (or subdivision) shall comply with them.
119. WQMP. On January 29, 2010 the Santa Ana Regional Water Quality Control Board
(SARWQCB) issued a fourth-term area wide National Pollutant Discharge Elimination
Conditions of Approval for 31 of 53
Plot Plan No. 2009-051
System (NPDES) and Municipal Separate Storm Sewer System Permit (MS4 Permit) to
the City of Menifee and all Permittees. The Santa Ana MS4 Permit is for the portion of the
Santa Ana River watershed located within Riverside County (Order No. R8-2010-0033,
NPDES Permit No. CAS618033). The City of Menifee storm water programs are designed
to ensure compliance with this permit. All design submittals and construction projects are
required to conform to the permit requirements. All projects are to install Best Management
Practices (BMPs) in compliance with the 2010 SARWQCB permit. All projects submitted
within the City of Menifee for discretionary approval will be required to comply with the
Water Quality 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, Stormwater Quality.
To comply with the WQMP a developer must submit a "Project Specific"WQMP. A WQMP
application and submittal requirements are available at the City of Menifee website:
http://www.citvofinenifee.us/DocumentCenter/View/1592. 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 indicated as 'exhibit A' on the website above. A Final WQMP
shall be submitted for review and approval by the City Engineering Department for all
ongoing drainage facilities and maintenance. The Final WQMP shall conform to the latest
requirements set forth by the Regional Water Quality Control Board, order R8-2010-0033
prior to issuance of building or grading permits. Projects that require a Project Specific
WQMPs were required to submit a PRELIMINARY Project Specific WQMP along with the
land-use application package in the tentative phase of development in order to obtain
recommended conditions of approval. The developer has submitted a report that minimally
meets the criteria for a preliminary project specific WQMP of addressing points a, b, and
c above. It shall be noted that while the preliminary project specific WQMP was adequate
at that stage, the preliminary WQMP report will need significant revisions at the
improvement plan check phase of the development in order to meet the requirements of
a final project specific WQMP - including detailed drawings for the BMPs along with all
supporting calculations. It should also be noted that if 401 certification is necessary for the
project, the Water Quality Control Board may require additional water quality measures.
Modified per EOT 3
120. 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 Building and Safety department. If an Environmental Assessment, prior
Conditions of Approval for 32 of 53
Plot Plan No. 2009-051
to issuing a grading permit, did not previously approve either location, a Grading
Environmental Assessment shall be submitted to the Planning Director and the
Environmental Programs Director for review and comment and to the Building and Safety
Department Director for approval. Additionally, if the movement of import/export occurs
using City roads, review and approval of the haul routes by the Engineering Department
will be required. The disposition of any import or export material shall be identified and
approved by the City Engineer prior to any earthwork.
COA amended per First EOT,
121. Engineering Clearance. A clearance from the Engineering Department is required prior
to the issuance of a grading permit.
Prior to Issuance of Building Permit
122. Approval to Construct. Prior to issuance of any building permit, the property owner shall
obtain a grading permit and/or approval to construct from the Grading Division of the
Building and Safety Department,
123. Traffic Signals. The Project proponent shall be responsible for the design of traffic
signal(s) at the intersections of:
Menifee Road (NS) and McCall Boulevard (EW) (modification)
Junipero Road (NS) and McCall Boulevard (EW) (modification)
Project Access Drive (NS) and McCall Boulevard (EW) with no fee credit eligibility for
Traffic Signal Mitigation fees.
124. Geometries. The interim conditions intersection geometries identified below shall be
provided and signing/striping plans shall be provided for approval by the Transportation
Department. While full buildout of the roadway along the project frontage will be provided
consistent per the City's Road Improvement Standards, interim condition lane geometries
account for alignment of lanes and current intersection constraints.
The intersection of Menifee Road (NS) and North Project Driveway (EW) shall be
improved to provide the following geometries:
Northbound: one left-turn lane, two through lanes
Southbound: two through lanes
Eastbound: one left-turn lane, one right-turn lane
Westbound: N/A
The intersection of Menifee Road (NS) and South Project Driveway (EW) shall be
improved to provide the following geometries:
Northbound: two through lanes
Southbound: two through lanes, one dedicated right-turn lane
Eastbound: one right-turn lane
Westbound: N/A
Note: Southbound dedicated right-turn lane is in addition to County of Riverside Ordinance
461 Standard 91 cross-section.
Conditions of Approval for 33 of 53
Plot Plan No. 2009-051
The intersection of Menifee Road (NS) and McCall Boulevard (EW) shall be improved to
provide the following geometrics:
Northbound: one left-turn lane, two through lanes
Southbound: one left-turn lane, two through lanes, one right-turn lane
Eastbound: two left-turn lanes, two through lanes
Westbound: two left-turn lanes, two through lanes, one right-turn lane
The intersection of Project Driveway (NS) and McCall Boulevard (EW) shall be improved
to provide the following geometrics:
Northbound: N/A
Southbound: one right-turn lane, one left turn lane
Eastbound: one left-turn lane, two through lanes
Westbound: two through lanes, one dedicated right-turn lane
Note: Westbound dedicated right-turn lane is in addition to County of Riverside Ordinance
461 Standard 91 cross-section.
The intersection of Junipero Road (NS) and McCall Boulevard (EW) shall be improved to
provide the following geometrics:
Northbound: one left-turn/through/right-turn lane
Southbound: one left-turn lane, one through/right-turn lane
Eastbound: one left-turn lane, one through lane
Westbound: one left-turn lane, two through lanes, one right-turn lane
The intersection of Junipero Road (NS) and School/Project Driveway (EW) shall be
improved to provide the following geometrics:
Northbound: one left-turn lane, one through/right-turn lane
Southbound: one left-turn lane, one through/right-turn lane
Eastbound: one left-turn/through/right-turn lane
Westbound: one left-turn/through/right-turn lane
Or as approved by the Engineering Department.
All improvements listed are requirements for interim conditions only. Full right-of-way and
roadway half sections adjacent to the property for the ultimate roadway cross-section per
the City's Road Improvement Standards and Specifications must be provided.
Any off-site widening required to provide these geometrics shall be the responsibility of
the landowner/developer.
COA amended per First EOT,
125. Right-of Way Dedication. Sufficient public street right-of-way along Menifee Road shall
be conveyed for public use to provide for a 76'to 89 foot half-width right-of-way per Urban
Arterial Std. No. 91. Sufficient public street right-of-way along McCall Boulevard shall be
conveyed for public use to provide for a 76' to 89 foot half-width right-of-way per Urban
Arterial Std. No. 91. Sufficient public street right-of-way along Junipero Road shall be
conveyed for public use to provide for a 37 foot half-width right-of-way per Collector Street
Std. No, 103 Section "A". Any right of way dedications that are deemed no benefit for
public use, access, and utility uses shall be vacated back to the property owner.
Conditions of Approval for 34 of 53
Plot Plan No. 2009-051
COA amended per First EOT.
126. ULMD. The project proponent shall submit to the City or its designee, the Transportation
Department L&LMD No. 89-1-C Administrator the following:
1) Completed Engineering Department application
2) (2)Sets of street lighting plans approved by Engineering Department.
3) Appropriate fees for annexation.
4) "Streetlight Authorization" form from SCE, IID or other electric provider.
127. Corner Cutbacks. All corner cutbacks shall be applied per City of Menifee Std. 803,
except for corners at Entry streets intersecting with General Plan roads; they shall be
applied per Exhibit ' C' of the Countywide Design Guidelines.
Modified per EOT 3
128. Street Light Plan. A separate street light plan is required for this project. Street lighting
shall be designed in accordance with Ordinance 460 and Streetlight Specification Chart
found in Specification Section 22 of Ordinance 461. For projects within SCE boundaries
use Ordinance 461, Standard No's 1000 or 1001.
129. Landscape in Right-of-Way. Landscaping within public road right-of-way shall comply
with Engineering Department standards and Ordinance 461 and shall require approval by
the Engineering Department. Landscaping plans shall be designed within McCall
Boulevard, Menifee Road, and Junipero Road and submitted to 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.
Assurance of continuous maintenance is required for an application for annexation into
Landscaping and Lighting Maintenance District No. 89-1-Consolidated by contacting the
Transportation Department at (951) 955-6829.
130. Traffic Signal. The project proponent shall comply in accordance with traffic signal
requirements within public road rights-of-way, directed by the Engineering Department.
Assurance of traffic signal maintenance is required by filing an application for annexation
to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for the required
traffic signal(s).
Prior to Final Inspection
131. Paving Inspections. The developer/applicant shall be responsible for obtaining the
paving inspections required by Ordinance 457.
132. Traffic Signal Installation. The project proponent shall be responsible for the
construction and installation of traffic signal(s) at the following locations:
Menifee Road (NS) and McCall Boulevard (EW) (modification)
Junipero Road (NS) and McCall Boulevard (EW) (modification)
Project Access Drive (NS) and McCall Boulevard (EW).
With no fee credit eligibility given for Traffic Signal Mitigation Fees.
Conditions of Approval for 35 of 53
Plot Plan No. 2009-051
Prior to the final building inspection of the first unit, the above traffic signal(s) shall be
installed and operational. A signal maintenance easement may be required for the Project
Access Road (NS) and McCall Boulevard intersection.
Or as approved by the Engineering Department,
133, Interconnect.The project proponent shall be required to provide traffic signal interconnect
between the traffic signal at Menifee Road (NS) and McCall Boulevard (EW) to the west
to the signal at Junipero Road.
The traffic signal at the Menifee Road (NS) and McCall Boulevard (EW) shall be ultimately
interconnected with the traffic signal at Heritage Lakes Drive to the north. The project
proponent shall provide interconnect along the project frontage and shall make all
provisions necessary for the ultimate interconnect between the Menifee Road and the
Heritage Lakes Drive signal or as approved by the Engineering Department,
134. Improvement Plans. Improvement plans for the required improvements must be
prepared and shall be based upon a design profile extending a minimum of 300 feet
beyond the project boundaries at a grade and alignment as approved by the City Engineer.
Completion of road improvements does not imply acceptance for maintenance by City.
The applicant shall provide a Geometric Approval Drawing (GAD) that shows all offsite
improvements to be constructed and traffic signals to be installed as part of this project
including striping, lane widths, turn pocket lengths, typical sections, pavement transitions,
medians, power poles, project tie-in to existing improvements, and major appurtenances
to be relocated and roadway dimensions. The GAD shall include improvements to be
constructed with the project. The onsite improvements shall be referenced on the GAD
and may be screened back. The GAD shall be approved by the City Engineer prior to the
acceptance of the street improvement plan check process.
COA amended per First EOT.
135. Street Design. The street design and improvement concept of this project shall be
coordinated with PM34998.
136. Off-site. The off-site rights-of-way required for said access road shall be accepted to vest
title in the name of the public if not already accepted.
137. Signing and Striping Plan, signing and striping plans are required for this project. The
project proponent shall be responsible for any additional paving and/or striping removal
caused by the striping plans. Traffic signing and striping shall be performed by either City
forces or Developer with all incurred costs borne by the Developer, as approved by the
City Traffic Engineer.
138. TUMF. Prior to the issuance of an occupancy permit, the project proponent shall pay the
Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in
effect at the time of issuance, pursuant to Ordinance No. 824.
139. Streetlight Authorization. Prior to OCCUPANCY, the project proponent shall submit to
Engineering Department Permits the following:
Conditions of Approval for 36 of 53
Plot Plan No. 2009-051
I) "Streetlight Authorization" form approved by L&LMD No. 89-1-C Administrator.
2) Letter establishing interim energy account from SCE, or other electric provider.
140. Install Streetlights. Install streetlights along the streets associated with development in
accordance with the approved street lighting plan and standards of Ordinances 460 and
461.
Street light annexation into L&LMD or similar mechanism as approved by the Engineering
Department shall be completed.
It shall be the responsibility of the Developer to ensure that street lights are energized
along the streets associated with this development where the developer is seeking
Building Final Inspection (Occupancy).
141. Utilities Underground. Electrical power, telephone, communication, street lighting, and
cable television lines shall be designed to be placed underground in accordance with
ordinance 460 and 461, or as approved by the Engineering Department. The applicant is
responsible for coordinating the work with the serving utility company. This also applies to
existing overhead lines which are 33.6 kilovolts or below along the project frontage and
between the nearest poles offsite in each direction of the project site. A disposition note
describing the above shall be reflected on design improvement plans whenever those
plans are required.
A written proof for initiating the design and/or application of the relocation issued by the
utility company shall be submitted to the Engineering Department for verification purposes.
142. Landscaping in Right-of-Way. Landscaping within public road right-of-way shall comply
with Engineering Department standards and Ordinance 461 and shall require approval by
the Engineering Department. Landscaping shall be improved within McCall Boulevard,
Menifee Road, and Junipero Road. Assurance of continuous maintenance is required by
an application for annexation into Landscaping and Lighting Maintenance District No. 89-
1-Consolidated by contacting the Transportation Department at (951) 955-6829.
143. Improvements. McCall Boulevard along project boundary is a paved City maintained road
designated as an Urban Arterial Highway and shall be improved with 8" concrete curb and
gutter located 55' to 68 feet from centerline to curb line, 8" curbed edge of pavement
landscaped median, and match up asphalt concrete paving, reconstruction, or resurfacing
of existing paving as determined by the Engineering Department within the 76' to 89 foot
half-width dedicated right-of-way in accordance with Standard No. 91. (55' to 68' / 76' to
89') (Sheet 1 of 2 and 2 of 2)
NOTE: A 6' meandering sidewalk shall be constructed within the 21' parkway per City of
Menifee Standard No. 401.
The raised curb median on McCall Boulevard shall be extended westerly to provide access
only for an eastbound left-turn lane at Project Access Drive (NS) and McCall Boulevard
(EW). As determined through engineering documentation by applicant, the Engineering
Department may consider payment of cash-in-lieu for construction of raised medians that
may not be feasible until buildout of roadway occurs.
Conditions of Approval for 37 of 53
Plot Plan No. 2009-051
Westbound right-turn lanes shall be provided on Project Access Drive (NS) at McCall
Road (EW) and Junipero Road (NS) at McCall Boulevard (EW).
Menifee Road along project boundary is a paved City maintained road designated as an
Urban Arterial Highway and shall be improved with 8" concrete curb and gutter located 55'
to 68 feet from centerline to curb line, 8" curbed edge of pavement landscaped median,
and match up asphalt concrete paving, reconstruction, or resurfacing of existing paving
as determined by the Engineering Department within the 76'to 89 foot half-width dedicated
right-of-way in accordance with Standard No. 91. (55' to 68' / 76to 89') (Sheet 1 of 2 and
2of2)
NOTE: A 6' meandering sidewalk shall be constructed within the 21' parkway per City of
Menifee Standard No. 401.
Southbound right-turn lanes shall be provided at South Project Access (EW) at Menifee
Road (NS) and at McCall Boulevard (EW) at Menifee Road (NS).
Junipero Road along project boundary is designated as a Collector road and shall be
improved with 34' part-width AC pavement, (22' on the project side and 12' on opposite
side of the centerline), 6" concrete curb and gutter, and 5' sidewalk (on the project side),
within a 67' part-width dedicated right-of-way (37' on the project side and 30' on the
opposite side of centerline) in accordance with Standard No. 103, Section "A".
NOTE: A 6' sidewalk shall be constructed 7' from the curb line within the 15' parkway.
Added from 3123110 Planning Commission Meeting
Traffic calming measures shall be incorporated into the design of Junipero Road as
approved by the City Engineer.
Modified per EOT 3
144. L&LMD No. 89-1. Prior to issuance of an occupancy permit the project proponent shall
complete annexation to Landscaping and Lighting Maintenance District No. 89-1-
Consolidated for maintenance of traffic signals within public road rights-of-way for the
required traffic signal(s).
145. Street Sweeping. Owner shall cause property to be annexed into CSA152 or similar
district or mechanism for NPDES BMP of street sweeping, as approved by the City
Engineer.
146. BMP Education. The developer shall distribute environmental awareness education
materials on general good housekeeping practices that contribute to protection of
stormwater quality to all initial users. The developer may obtain NPDES Public
Educational Program materials from the District's NPDES Section by either the District's
website www.fIoodcontrol.co.riverside.ca.us, e-mail fcn pdes@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. 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.
Conditions of Approval for 38 of 53
Plot Plan No. 2009-051
COA moved per First EOT.
147. BMPs Installed. 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.
COA moved per First EOT,
148. BMP Maintenance. 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.
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.
COA moved per First EOT. This COA combined the previous COAs#61 ("BMP
Maintenance", COA #63 ("BMP Maintenance Plan"), and COA #79 ("BMP
Maintenance") into one COA.
149. BMP/NPDES Update. Notwithstanding all conditions requiring BMPs, WQMP's and
NPDES, compliance shall meet the requirements of the 2010 updated Regional Water
Quality Board requirements.
COA moved per First EOT.
Conditions of Approval for 39 of 53
Plot Plan No. 2009-051
Section IV:
Riverside County Flood Control
District Conditions of Approval
Conditions of Approval for 40 of 53
Plot Plan No. 2009-051
General Conditions
150.Flood Hazard Report. PP 2009-051 is a proposal to develop 19.6 acres into a
commercial center in the Homeland area. The site is located on the northwest corner of
McCall Boulevard and Menifee Road.
The Homeland/Romoland CFD is proposed in this area by a consortium of developers.
This plan currently proposes Interim Line A to be constructed from the San Jacinto River
to the 1-215 freeway and ultimate Line A from the 1-215 freeway to the north of this site
near McLaughlin Rd and Menifee Rd. The development of this site is not only dependent
on the construction of Homeland Line A, but also on the construction of Line A-2 and its
extensions. These facilities are the major backbone of the Homeland/Romoland plan given
that they convey runoff from the entire valley to San Jacinto River.Without the construction
of these facilities PP2009-051 lacks an adequate outlet for the onsite flows generated by
this development. The District will not allow the issuance of grading permits until the plans
for Line A, and Line A2 have been approved, bonds have been posted, and the offsite
right-of-way acquired. Alternatively, if the facilities listed above are constructed by others
pursuant to the District's proposed Community Facilities District, then grading permits will
be allowed when the construction contracts for these facilities are awarded. Occupancy
will not be granted for any unit until all downstream facilities are deemed functional by the
District's General Manager - Chief Engineer.
A separate means of mitigating for increased runoff would not be necessary for onsite
flows that drain to Line A2 given that said facility is considered to be an adequate outlet.
Mitigation will be necessary for the development's impacts to water quality. A revised
Preliminary WQMP was submitted to the District on October 16th, 2008. The District has
reviewed the preliminary Water Quality Management Plan (WQMP) and is acceptable to
the District. The water quality plan proposes three infiltration trench/bio swales to mitigate
for water quality. These basins then outlets to the extension of Homeland/Romland MDP
Line A2, to be constructed by this development. The developer has provided the District
a letter of permission from the downstream property owner allowing the construction of
the extension of Line A. Conceptually this is plan acceptable to the District but may need
minor adjustments at final plan check stage.
The site is located within the bounds of the Homeland/Romoland Line A watershed Area
Drainage Plan (ADP) for which drainage fees have been established by the Board of
Supervisors. Applicable ADP fees will be due (in accordance with the Rules and
Regulations for Administration of Area Drainage Plans) prior to permits for this project.
Although the current fee for this ADP is $12,636 per acre, the fee due will be based on the
fee in effect at the time of payment. Collection of Offsite Flows The site has a tributary
area of 35 acres south of McCall Road. The development proposes to collect and convey
these flows in a 36" dia. storm drain in to the proposed Homeland MDP Line A2. Most of
the site's offsite drainage issues would be addressed via construction of the improvements
associated with the District's proposed CFD.
151.Romoland/Homeland Master Drainage Plan. The development of this site is not only
dependent on the construction of Homeland Line A, but also on the construction of Line
A-2 and the extension of Lateral A-2 to serve as adequate outlet for the onsite and offsite
flows. Without the construction of these facilities PP2009-051 lacks an adequate outlet for
the onsite flows generated by this development. The developer shall not be allowed the
Conditions of Approval for 41 of 53
Plot Plan No. 2009-051
issuance of grading permits until the plans for the facilities mentioned above have been
approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively if
Community Facilities District 05-1 (CFD) awards a construction contract for the facilities
listed above, then grading permits shall be allowed. Occupancy shall not be granted for
any unit until all downstream facilities are deemed functional by the District. The developer
shall be responsible for the maintenance of these facilities until their maintenance is
transferred to either the District or the Community Facilities District. A separate means of
mitigating for increased runoff would not be necessary for onsite flows that drain to Line
A2 given that said facility is considered to be an adequate outlet. Mitigation will be
necessary for the development's impacts to water quality. A revised Preliminary WQMP
was submitted to the District on October 16th, 2008, The District has reviewed the
preliminary Water Quality Management Plan (WQMP) and is acceptable to the District.
The water quality plan proposes three infiltration trench/bio swales to mitigate for water
quality. These basins then outlets to the extension of Homeland/Romoland MDP Line A2.
Conceptually this is plan acceptable to the District but may need minor adjustments at
final plan check stage.
152.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 adequate outlet.
153.Drainage Facilities. Drainage facilities out-letting sump conditions shall be designed to
convey the tributary 100 year storm flows. Additional emergency escape shall also be
provided.
154.Natural 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.
155.Coordinate Drainage. Development of this property shall be coordinated with
development of adjacent properties to ensure that watercourses remain unobstructed and
stormwaters are not diverted from one watershed to another. This may require the
construction of temporary drainage facilities or offsite construction and grading. A drainage
easement shall be obtained from the affected property owners for the release of
concentrated or diverted storm flows. A copy of the recorded drainage easement shall be
submitted to the District for review.
156.Facility Design. Prior to initiation of the final construction drawings for those facilities
required to be built as part of the Homeland/Romoland Area Drainage Plan, the developer
shall contact the Riverside County Flood Control and Water Conservation District to
ascertain the terms and conditions of design, construction, inspection, transfer of rights of
way, project credit in lieu of charges and reimbursement schedules which may apply. The
developer shall note that if the estimated cost for required Area Drainage Plan facilities
exceeds the required mitigation charges and the developer wishes to receive credit for
reimbursement in excess of his charges, the facilities will be constructed as a public works
contract. Scheduling for construction of these facilities will be at the discretion of the
District.
Conditions of Approval for 42 of 53
Plot Plan No. 2009-051
157.Major Facilities. Major flood control facilities are being proposed. These shall be
designed and constructed to District standards including those related to alignment and
access to both inlets and outlets. The applicant shall consult the District early in the design
process regarding materials, hydraulic design and transfer of rights of way.
Prior to Issuance of Grading Permit
158.Homeland Line A. The development of this site is not only dependent on the construction
of Homeland Line A, but also on the construction of Line A-2 and the extension of Lateral
A-2 to serve as adequate outlet for the onsite and offsite flows. Without the construction
of these facilities PP 2009-051 lacks an adequate outlet for the onsite flows generated by
this development. The developer shall not be allowed the issuance of grading permits until
the plans for the facilities mentioned above have been approved, bonds have been posted,
and the offsite right-of-way acquired. Alternatively if Community Facilities District 05-1
(CFD) awards a construction contract for the facilities listed above, then grading permits
shall be allowed. Occupancy shall not be granted for any unit until all downstream facilities
are deemed functional by the District. The developer shall be responsible for the
maintenance of these facilities until their maintenance is transferred to either the District
or the Community Facilities District. A separate means of mitigating for increased runoff
would not be necessary for onsite flows that drain to Line A2 given that said facility is
considered to be an adequate outlet. Mitigation will be necessary for the development's
impacts to water quality. A revised Preliminary WQMP was submitted to the District on
October 16th, 2008. The District has reviewed the preliminary Water Quality Management
Plan (WQMP) and is acceptable to the District. The water quality plan proposes three
infiltration trench/bio swales to mitigate for water quality. These basins then outlets to the
extension of Homeland/Romoland MDP Line A2. Conceptually this is plan acceptable to
the District but may need minor adjustments at final plan check stage.
159.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 a completed Flood Control Deposit Based Fee
Worksheet and the appropriate plan check fee deposit.
160.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.
161.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.
162.Inspection of Facilities. Inspection and maintenance of the flood control facility/ies to be
constructed with this development must be performed by either the Engineering
Department or the Flood Control District. The engineer (owner) must request in writing
that one of these agencies accept the proposed system. The request shall note the project
number, location, briefly describe the system (sizes and lengths) and include an exhibit
that shows the proposed alignment. The request to the District shall be addressed to the
Conditions of Approval for 43 of 53
Plot Plan No. 2009-051
General Manager-Chief Engineer, Attn: Chief of the Planning Division. Three items must
be accomplished prior to the issuance of a grading permit or starting construction of the
drainage facility whichever comes first: 1) the developer shall submit to the District the
preliminary title reports, plats and legal descriptions for all right of way to be conveyed to
the District and secure that right of way to the satisfaction of the District; 2) an agreement
with the District and any maintenance partners must be executed which establishes the
terms and conditions of inspection, operation and maintenance; and 3) plans forthe facility
must be signed by the District's General Manager-Chief Engineer. The plans cannot be
signed prior to execution of the agreement. An application to draw up an agreement must
be submitted to the attention of the District's Administrative Services Section. All right of
way transfer issues must be coordinated with the District's Right of Way Section. The
engineer/developer will need to submit proof of flood control facility bonds and a certificate
of insurance to the District's Inspection section before a pre-construction meeting can be
scheduled.
163. ADP Fees. The County Board of Supervisors has adopted the Homeland/Romoland Area
Drainage Plan (ADP) for the purpose of collecting drainage fees. This project may require
earlier construction of downstream ADP facilities. To mitigate this effect, the District
recommends that this project be required to pay a flood mitigation fee. The mitigation fee
should be based upon the fee structures set for land divisions having comparable
anticipated impermeable surface areas. PP 2009-051 is located within the limits of the
Homeland/Romoland Line A watershed Area Drainage Plan for which drainage fees have
been adopted to help mitigate the impacts of this development. The mitigation charge for
this proposal shall equal the prevailing Area Drainage Plan fee rate multiplied by the area
of the new development. This new development has a total of 19.6 acres subject to the
fee. The charge is payable to the Flood Control District by cashier's check or money order
only, and shall be paid after final approval of the staff report/conditions of approval by the
Board of Supervisors and prior to issuance of permits.
The previous COA #70 ("WQMP") was deleted per First EOT. This COA was
combined into the new COA #116 ("WQMP") added per the First EOT.
Prior to Issuance of Building Permit
164. Homeland Line A. The development of this site is not only dependent on the construction
of Homeland Line A, but also on the construction of Line A-2 and the extension of Lateral
A-2 to serve as adequate outlet for the onsite and offsite flows. Without the construction
of these facilities PP 2009-051 lacks an adequate outlet for the onsite flows generated by
this development. The developer shall not be allowed the issuance of grading permits until
the plans for the facilities mentioned above have been approved, bonds have been posted,
and the offsite right-of-way acquired. Alternatively if Community Facilities District 05-1
(CFD) awards a construction contract for the facilities listed above, then grading permits
shall be allowed. Occupancy shall not be granted for any unit until all downstream facilities
are deemed functional by the District. The developer shall be responsible for the
maintenance of these facilities until their maintenance is transferred to either the District
or the Community Facilities District. A separate means of mitigating for increased runoff
would not be necessary for onsite flows that drain to Line A2 given that said facility is
considered to be an adequate outlet. Mitigation will be necessary for the development's
impacts to water quality. A revised Preliminary WQMP was submitted to the District on
October 16th, 2008. The District has reviewed the preliminary Water Quality Management
Conditions of Approval for 44 of 53
Plot Plan No. 2009-051
Plan (WQMP) and is acceptable to the District. The water quality plan proposes three
infiltration trench/bio swales to mitigate for water quality. These basins then outlets to the
extension of Homeland/Romoland MDP Line A2. Conceptually this is plan acceptable to
the District but may need minor adjustments at final plan check stage.
165.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.
166.Inspection and Maintenance. Inspection and maintenance of the flood control facility/ies
to be constructed with this development must be performed by either the Engineering
Department or the Flood Control District. The engineer (owner) must request in writing
that one of these agencies accept the proposed system. The request shall note the project
number, location, briefly describe the system (sizes and lengths) and include an exhibit
that shows the proposed alignment. The request to the District shall be addressed to the
General Manager-Chief Engineer, Attn: Chief of the Planning Division. Three items must
be accomplished prior to the issuance of a building permit or starting construction of the
drainage facility whichever comes first: 1) the developer shall submit to the District the
preliminary title reports, plats and legal descriptions for all right of way to be conveyed to
the District and secure that right of way to the satisfaction of the District; 2) an agreement
with the District and any maintenance partners must be executed which establishes the
terms and conditions of inspection, operation and maintenance; and 3) plans forthe facility
must be signed by the District's General Manager-Chief Engineer. The plans cannot be
signed prior to execution of the agreement. An application to draw up an agreement must
be submitted to the attention of the District's Administrative Services Section. All right of
way transfer issues must be coordinated with the District's Right of Way Section. The
engineer/developer will need to submit proof of flood control facility bonds and a certificate
of insurance to the District's Inspection section before a pre-construction meeting can be
scheduled.
167.ADP Fees. The County Board of Supervisors has adopted the Homeland/Romoland Area
Drainage Plan (ADP) for the purpose of collecting drainage fees. This project may require
earlier construction of downstream ADP facilities. to mitigate this effect, the District
recommends that this project be required to pay a flood mitigation fee. The mitigation fee
should be based upon the fee structures set for land divisions having comparable
anticipated impermeable surface areas. PP 2009-051 is located within the limits of the
Homeland/Romoland Line A watershed Area Drainage Plan for which drainage fees have
been adopted to help mitigate the impacts of this development. The mitigation charge for
this proposal shall equal the prevailing Area Drainage Plan fee rate multiplied by the area
of the new development. This new development has a total of 19.6 acres subject to the
fee. The charge is payable to the Flood Control District by cashier's check or money order
only, and shall be paid after final approval of the staff report/conditions of approval by the
Board of Supervisors and prior to issuance of permits.
The previous COA #75 ("WQMP") was deleted per First EOT. This COA was
combined into the new COA #116 ("WQMP") added per the First EOT.
Conditions of Approval for 45 of 53
Plot Plan No. 2009-051
Prior to Final Inspection
168.No Occupancy Permit. The District will not release occupancy permits for any
commercial lot within the map prior to the District's acceptance of the drainage system for
operation and maintenance.
Conditions of Approval for 46 of 53
Plot Plan No. 2009-051
Section V:
Riverside County Fire Department
Conditions of Approval
Conditions of Approval for 47 of 53
Plot Plan No. 2009-051
General Conditions
169. Hazardous Fire Area. This project is located in the "Hazardous Fire Area" of Riverside
County as shown on a map on file with the Clerk of the Board of Supervisors. Any building
constructed within this project shall comply with the special construction provisions
contained in Ordinance 787.1.
170. Retroreflective Markers. Blue retroreflective 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.
171. Fire Flow. Minimum required fire flow shall be 4000 GPM for a 4 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 V-B construction per the 2007 CBC and
Building(s) having a fire sprinkler system.
172. Fire Hydrants. A combination of on-site and off-site super fire hydrants, on a looped
system (6"x4"x 2-2 1/2"), will 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. The
required fire flow shall be available from any adjacent hydrants(s) in the system.
173. Tank Permits. Applicant or Developer shall be responsible for obtaining
under/aboveground fuel, chemical and mixed liquid storage tank permits, from the
Riverside County Fire Department and Environmental Health Departments. Plans must
be submitted for approval prior to installation. Aboveground fuel/mixed liquid tanks(s) shall
meet the following standard:
Tank must be tested and labeled to UL2085 Protected Tank Standard or SwRI 93-01. The
test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test.
A sample copy of the tank's label from an independent test laboratory must be included
with your plans.
174. Rapid Entry. Rapid entry Hazardous Material data and key storage cabinet shall be
installed on the outside of the building. Plans shall be submitted to the Riverside County
Fire Department for approval prior to installation.
175. Fire Facilities. All fire facilities required by the project shall be dedicated to the City of
Menifee.
Prior to Issuance of Building Permit
176. Plan Check Fees. Building Plan check deposit base fee of $1,056.00, shall be paid in a
check or money order to the Riverside County Fire Department after plans have been
approved by our office.
177. Water System.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 10 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
Conditions of Approval for 48 of 53
Plot Plan No. 2009-051
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 Final Inspection
178.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.
179.Sprinklers. Install a complete fire sprinkler system per NFPA 13 2002 edition 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.Ws and all control valves. Plans must be submitted to the Fire Department for approval
prior to installation. Contact fire department for guideline handout
180.Fire Alarm. Applicant or developer shall be responsible to install a manual and automatic
Fire Alarm System. Plans must be submitted to the Fire Department for approval prior to
installation.
181.Extinguishers. Install portable fire extinguishers with a minimum rating of 2A-1 OBC and
signage. Fire Extinguishers located in public areas shall 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.
182.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 to the
Fire Department for review and approval prior to installation.
p pp
NOTE: A dedicated alarm system is not required to be installed for the exclusive purpose
of monitoring this suppression system. However, a new or pre-existing alarm system must
be connected to the extinguishing system. (* separate fire alarm plans must be submitted
for connection)
Conditions of Approval for 49 of 53
Plot Plan No. 2009-051
Section VI :
Riverside County Environmental
Health Conditions of Approval
Conditions of Approval for 50 of 53
Plot Plan No. 2009-051
General Conditions
183.General. Plot Plan No. 2009-051 proposes 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) and/or well(s) must be properly
removed or abandoned under permit with the Department of Environmental Health (DEH).
Prior to Issuance of Building Permit
184.Food Plans. A total of three complete set of plans for each food establishment are needed
including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure
compliance with the California Uniform Retail Food Facilities Law.
Prior to Final Inspection
185.UST System. Construction plans must be reviewed and approved by the Hazardous
Materials Division prior to the installation of the underground storage tank (UST) system.
There is a construction fee based on the number of UST's installed. Permits from the
Hazardous Materials Division must be obtained for the operation of the UST's prior to
occupancy.
186.Further Review. If further review of the site indicates additional environmental health
issues, the Hazardous Materials Management Division reserves the right to regulate the
business in accordance with applicable Ordinances.
187.Contact. Contact a Hazardous Materials Specialist, Hazardous Materials Management
Division, at (951) 358-5055 for any additional requirements.
188.Business Emergency Plan. The facility will require a business emergency plan for the
storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or
any acutely hazardous materials or extremely hazardous substances.
Conditions of Approval for 51 of 53
Plot Plan No. 2009-051
Section VII :
Riverside County Environmental
Programs Conditions of Approval
Conditions of Approval for 52 of 53
Plot Plan No. 2009-051
Prior to Issuance of Grading Permit
189.Burrowing Owl Survey. PER EPD SITE VISIT ON 07/05/07, SITE SUPPORTS
SUITABLE BURROWING OWL BURROWS AND THUS A 30-DAY CLEARANCE
SURVEY IS REQ.
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 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
City 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 53 of 53
Plot Plan No. 2009-051
EXHIBIT "A"
Conditions of Approval for
Tentative Parcel Map No. 34318
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Flood Control District
Conditions of Approval
Section V: Riverside County Fire Department Conditions
of Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
Conditions of Approval PM34318 1 of 23
Section L
Conditions Applicable to all
Departments
Conditions of Approval PM34318 2 of 23
General Conditions
1. Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Tentative Commercial Parcel Map No.
34318 shall be henceforth defined as follows:
TENTATIVE MAP = Tentative Commercial Parcel Map No. 34318, Amended
No. 1, dated March 4, 2009.
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
2. Description. The land division hereby permitted is for a Schedule E
Subdivision of 16.35 gross acres into fifteen (15) commercial parcels ranging
in size from 0.62 gross acres to 2.41 gross acres.
3. 90 Days. The developer/owner 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 the approval or conditional approval of this project.
4. Indemnification. The developer/applicant shall indemnify, protect, defend,
and hold harmless, the City and County 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 this Plot Plan or the City's and County's approval
thereof, or from any proceedings against or brought against the City or
County, 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 County, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning
Environmental Assessment No. 40567, Plot Plan No. 2009-052, Conditional
Use Permit No. 3487, Conditional Use Permit No. 2009-084, Conditional Use
Permit No. 2009-085, Tentative Parcel Map No. 34318 and Variance No.
1782.
5. City of Menifee. 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 also will identify
and fund mitigation measure 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
Conditions of Approval PM34318 3 of 23
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.
(applicant initials)
6. Newly Incorporated City. On October 1st, 2008 the City of Menifee
incorporated. At the time the City incorporated it was required to accept all
the laws and ordinances of the County of Riverside. Over time the City will
change these ordinances either by name or content. The applicant or
successor in interest of this project will be subject to ordinances of the City of
Menifee and not those of the County of Riverside that the City has jurisdiction
over. Therefore, any condition of approval listed in this project that
references a County of Riverside Ordinance, will in fact be subject to the
equivalent City ordinance or subsequent ordinance introduced by the City.
The applicant or their successor in interest by accepting these conditions also
agrees to accept the equivalent City ordinance or subsequent ordinance
introduced by the City.
7. Comply with Ordinance 460. This land division shall comply with the State
of California Subdivision Map Act and to all requirements of Ordinance No.
460, Schedule E, unless modified by the conditions listed herein.
8. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the Menifee City Council's original approval date, unless
extended as provided by County Ordinance No. 460. Action on a minor
change and/or revised map request shall not extend the time limits of the
originally approved TENTATIVE MAP. If the TENTATIVE MAP expires before
the recordation of the final phase, no further FINAL MAP recordation shall be
permitted.
Conditions of Approval PM34318 4 of 23
Section II :
Planning Conditions of Approval
Conditions of Approval PM34318 5 of 23
General Conditions
9. Building Plans. The developer shall cause building plans to be submitted to
the City of Menifee for review by the Department of Building and Safety - Plan
Check Division. Said plans shall be in conformance with the approved
TENTATIVE MAP.
ARCHEOLOGY
10. 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 a reasonable timeframe.
Subsequently, the Native American Heritage Commission shall identify the
"most likely descendant." The most likely descendant shall then make
recommendations and engage in consultation concerning the treatment of the
remains as provided in Public Resources Code Section 5097.98.
11. Inadvertent 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.
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 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.
FEES
12. Subsequent Review. Any subsequent review/approvals required by the
conditions of approval, including but not limited to grading or building plan
Conditions of Approval PM34318 6 of 23
review or review of any mitigation monitoring requirement, shall be reviewed
on an hourly basis, or other appropriate fee, as listed in Ordinance No. 671.
Each submittal shall be accompanied with a letter clearly indicating which
condition or conditions the submittal is intended to comply with.
13. Ordinance 659 Fees. 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 Ordinance No. 659, 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 fee shall be paid for each acre within this land division. 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 mitigation fee ordinance, payment of the appropriate fee set forth
in that ordinance shall be required.
Prior to Final Mai)
14. Final Map. After the approval of the TENTATIVE MAP and prior to the
expiration of said map, the developer/owner shall cause the real property
included within the TENTATIVE MAP, or any part thereof, to be surveyed and
a FINAL MAP thereof prepared in accordance with the current Transportation
Department - Survey Division requirements, the conditionally approved
TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460.
15. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or
registered civil engineer.
16. CC&Rs. The applicant shall notify the Planning Department that the
following documents shall be submitted to the Office of the City Attorney and
submit said documents to Planning Department for review along with the
current fee, which documents shall be subject to City Attorney review:
a. A cover letter identifying the project for which approval is sought;
b. A signed and notarized declaration of covenants, conditions and
restrictions;
c. A sample document conveying title to the purchaser of an individual lot or
unit which provides that the declaration of covenants, conditions and
restrictions is incorporated therein by reference; and,
d. A deposit equaling three (3) hours at the current hourly rate for the
Review of Covenants, Conditions and Restrictions as established pursuant to
Ordinance No. 671 at the time the above documents are submitted for review
by the City Attorney.
The declaration of covenants, conditions and restrictions submitted for review
shall a) provide for a minimum term of 60 years, b) provide reciprocal
Conditions of Approval PM34318 7 of 23
easements for ingress, egress and parking, c) provide for the establishment
of a maintenance operator, and d) contain the following provisions verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the
following provisions shall apply:
The Maintenance Operator established herein shall manage and continuously
maintain the 'landscape area', more particularly described on Exhibit 'L',
attached hereto.
The Maintenance Operator shall have the right to assess the owners of each
individual parcel for the reasonable cost of maintaining such 'landscape area',
and shall have the right to lien the property of any such owner who defaults in
the payment of a maintenance assessment. An assessment lien, once
created, shall be prior to all other liens recorded subsequent to the notice of
assessment or other document creating the assessment lien.
This Declaration shall not be terminated, 'substantially' amended, or property
de-annexed therefrom absent the prior written consent of the Planning
Director or the successor-in- interest. A proposed amendment shall be
considered 'substantial' if it affects the extent, usage or maintenance of the
'common area' or any reciprocal easement established pursuant to the
Declaration."
Once approved by the City Attorney, the declaration of covenants, conditions
and restrictions shall be recorded by the Planning Department with one copy
retained for the case file, and one copy provided to the Engineering
Department.
17. ECS. The developer/owner shall prepare an Environmental Constraints
Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460,
which shall be submitted as part of the plan check review of the FINAL MAP.
18. Dark Sky Ordinance. The following Environmental Constraints Note shall be
placed on the ECS:
"This property is subject to lighting restrictions as required by the Menifee
Municipal Code Chapter 6.01, the "Dark Sky Ordinance", which are intended
to reduce the effects of night lighting on the Mount Palomar Observatory. All
proposed outdoor lighting systems shall be in conformance with the Dark Sky
Ordinance,
19, Survey Checklist. The Engineering Department shall review any FINAL
MAP and ensure compliance with the following:
A. All lots on the FINAL MAP shall be in substantial conformance with
the approved TENTATIVE MAP relative to size and configuration.
B. All lots on the FINAL MAP shall comply with the length to width ratios,
as established by Section 3.8.C. of Ordinance No. 460.
Conditions of Approval PM34318 8 of 23
C. The common open space areas shall be shown as numbered lots on
the FINAL MAP.
D. The total number of commercial lots on the final map shall be 15.
FEES
20. Fees. Prior to recordation, the Planning Department shall determine if the
deposit based fees for the TENTATIVE MAP are in a negative balance. If so,
any unpaid fees shall be paid by the developer/owner and/or the
developer/owner's successor-in-interest.
Prior to Issuance of Grading Permit
21. No Grading Permits. PM34318 is a Schedule E subdivision. No grading
permits shall be issued pursuant to this subdivision.
Prior to Issuance of Building Permit
22. No Building Permits. PM34318 is for a Schedule E subdivision. No building
permits shall be issued pursuant to this subdivision.
Conditions of Approval PM34318 9 of 23
Section III :
Engineering/Transportation/
Grading Conditions of Approval
Conditions of Approval PM34318 10 of 23
General Conditions
23. Traffic Study. The Riverside County Transportation Department has
reviewed the traffic study submitted for the referenced project. The study has
been prepared in accordance with County-approved guidelines. We generally
concur with the findings relative to traffic impacts.
The General Plan circulation policies require a minimum of Level of Service
'C', except that Level of Service 'D' may be allowed in community
development areas at intersections of any combination of secondary
highways, major highways, arterials, urban arterials, expressways or state
highways and ramp intersections.
The study indicates that it is possible to mitigate the project's impacts for the
following intersections based on the traffic study assumptions.
Haun Road (NS) at:
Newport Road (EW)
1-215 Southbound Ramps (NS) at:
Newport Road (EW)
1-215 Northbound Ramps (NS) at:
Newport Road (EW)
Antelope Road (NS) at:
Balsa Road (EW)
Pampas Street (EW)
Palm Villa Drive (EW)
Newport Road (EW)
La Piedra Road (EW)
Menifee Road (NS) at:
Newport Road (EW)
As such, the proposed project is consistent with this General Plan policy.
The associated conditions of approval incorporate mitigation measures
identified in the traffic study, which are necessary to achieve or maintain the
required level of service.
24. Downstream Properties. The developer/owner shall protect downstream
properties from damages caused by alteration of the drainage patterns, i.e.,
concentration or diversion of flow. Protection shall be provided by
constructing adequate drainage facilities including enlarging existing facilities
and/or by securing a drainage easement. All drainage easements shall be
shown on the final map and noted as follows:
Conditions of Approval PM34318 11 of 23
"Drainage Easement - no building, obstructions, or encroachments by
landfills are allowed".
The protection shall be as approved by the Transportation Department.
25. Off-site Drainage. The developer/owner shall accept and properly dispose
of all off-site drainage flowing onto or through the site. In the event the
Transportation Department permits the use of streets for drainage purposes,
the provisions of Article XI of Ordinance No. 460 will apply. Should the
quantities exceed the street capacity or the use of streets be prohibited for
drainage purposes, the subdivider shall provide adequate drainage facilities
and/or appropriate easements as approved by the Transportation
Department.
26. Ordinance 460/461. With respect to the conditions of approval for the
referenced tentative exhibit, the developer/owner shall provide all street
improvements, street improvement plans and/or road dedications set forth
herein in accordance with Ordinance 460 and Road Improvement Standards
(Ordinance 461) and as approved by the City Engineer. It is understood that
the tentative map correctly shows acceptable centerline elevations, all
existing easements, traveled ways, and drainage courses with appropriate
Q's, and that their omission or unacceptability may require the map to be
resubmitted for further consideration. These Ordinances and all conditions of
approval are essential parts and a requirement occurring in ONE is as
binding as though occurring in all. All questions regarding the true meaning of
the conditions shall be referred to the City Engineer.
Prior to Final Mao
27. Traffic Signals. The project developer/owner shall be responsible for the
design of traffic signal(s) at the intersections of:
Antelope Road (NS) at:
Pampas Street (EW)
Palm Villa Drive (EW)
Newport Road (EW) (modification)
with no fee credit given for Traffic Signal Mitigation fees or as approved by
the City Engineer,
28. Geometrics
Newport Road and project driveway (right-in only)
• Eastbound: Three through lanes
• Westbound: Three through lanes, one right-in-only turn lane (five
through lanes will be provided with the ultimate 1-215/Newport Road
Interchange)
Newport Road and Antelope Road intersection area
• Northbound: two left-turn lanes, one through lane, one shared
through/right-turn lane
Conditions of Approval PM34318 12 of 23
• Southbound: two left-turn lanes, one through lane, one shared
through/right-turn lane, and one right turn lane.
• Eastbound: two left-turn lanes, two through lanes, one shared
through/right- turn lane
• Westbound: one left-turn lane, two through lanes, one shared
through/right-turn lane
Antelope Road at Palm Villa Drive:
• Northbound: one left-turn lane, one through lane, one shared
through/right-turn lane, begin 8' bike lane
• Southbound: one left-turn lane, one through lane, one shared
through/right-turn lane, end 8' bike lane
• Eastbound: one left-turn lane, one shared through/right-turn lane
• Westbound: one left-turn, one shared through/right-turn lane
Antelope Road at Pampas Street:
• Northbound: one left-turn lane, one through lane, one shared
through/right-turn lane, 8' bike lane
• Southbound: one left-turn lane, one through lane, one shared
through/right-turn lane, 8' bike lane
• Eastbound: one left-turn lane, one shared through/right-turn lane
• Westbound: one left-turn, one shared through/right-turn lane
Antelope Road at Balsa Road intersection•
• Northbound: one left-turn lane, one through lane, one shared
through/right-turn lane, one 8' bike lane
• Southbound: one left-turn lane, one through lane, one shared
through/right-turn lane, one 8' bike lane
• Eastbound: one shared left-turn/through/right-turn lane
• Westbound: one shared left-turn/through/right-turn lane
Antelope Road and Project Driveway between Balsa Road and Pampas Street:
• Northbound: two through lanes, 8' bike lane
• Southbound: two through lanes, 8' bike lane
• Eastbound: one right-turn lane
• NOTE: Driveway will be restricted to right-turns in and out only.
Antelope Road and Proiect's northern most driveway:
• Northbound: two through lanes, 8' bike lane
• Southbound: one through lane, one shared through/right-turn lane, 8'
bike lane
• Eastbound: one right-turn lane
• NOTE: Driveway will be restricted to right-turns in and out only.
Or as approved by the City Engineer.
All improvements listed are requirements for interim conditions only. Full
right-of-way and roadway half sections adjacent to the property for the
Conditions of Approval PM34318 13 of 23
ultimate roadway cross-section per the City's Road Improvement Standards
and Specifications must be provided.
Any off-site widening required to provide these geometrics shall be the
responsibility of the landowner/developer.
29. Improvement Plans. Improvement plans for the required improvements
must be prepared and shall be based upon a design profile extending a
minimum of 300 feet beyond the project boundaries at a grade and
alignment as approved by the City Engineering Department. Completion of
road improvements does not imply acceptance for maintenance by City.
30. Soils & Pavement Report. The developer/owner shall submit a preliminary
soils and pavement investigation report addressing the construction
requirements within the road right-of-way.
31. Caltrans. Prior to issuance of construction permits, grading and drainage
plans shall be forwarded to Caltrans for their review. The grading and
drainage plans shall identify site runoff impacts to the right-of-way and
include potential for erosion within the right-of-way. The plans shall identify
the capacity of existing drainage structures within the right-of-way where
connections between private and Caltrans systems are proposed. Existing
capacity of affected State drainage systems cannot be exceeded. Should
100 year project runoff volumes be determined to exceed the maximum
capacity of the existing State drainage facilities, construction of on-site
detention basins, new drainage systems or other impact mitigation will be
required.
An encroachment permit will be required from Caltrans prior to any
construction within the State right-of-way. In addition, all work undertaken
within the right-of-way shall be in compliance to all current design
standards, applicable policies and construction practices.
I�
32, Final Map to Caltrans. A copy of the final map shall be submitted to
Caltrans, District 08, Post Office Box 231, San Bernardino, California 92403;
Attention: Project Development, for review and approval prior to recordation.
33. Easements. Any easement not owned by a public utility, public entity or
subsidiary, not relocated or eliminated prior to final map approval, shall be
delineated on the final map in addition to having the name of the easement
holder, and the nature of their interests, shown on the map.
34. Lot Access. Lot access shall be restricted on Newport Road and so noted
on the final map, with the exception of right-in driveway located 260'
approximately west of Antelope Road.
35. Coordinate Street Design. The street design and improvement concept of
this project shall be coordinated with Newport Road/1-215 interchange
project, 135-0682.
Conditions of Approval PM34318 14 of 23
36. Signing and Striping Plan. A signing and striping plan is required for this
project. The applicant shall be responsible for any additional paving and/or
striping removal caused by the striping plan. The striping plan shall provide
striping for an eight-foot bike lane on Antelope Road from Palm Villa Drive to
the north most project limit. Traffic signing and striping shall be performed by
City forces with all incurred costs borne by the applicant, unless otherwise
approved by the City Traffic Engineer.
37. Landscaping in Right-of-Way. The project developer/owner shall comply in
accordance with landscaping requirements within public road rights-of-way, in
accordance with Ordinance 461. Landscaping shall be improved within
Newport Road. Landscaping plans shall be submitted on standard City Plan
sheet format (24" X 36"). Landscaping plans shall be submitted with the
street improvement plans. If landscaping maintenance to be annexed to a
Landscaping and Lighting Maintenance District, landscaping plans shall
depict ONLY such landscaping, irrigation and related facilities as are to be
placed within the public road rights-of-way.
38. Streetlight Plan. A separate street light plan is required for this project.
Street lighting shall be designed in accordance with Ordinance 460 and
Street Light Specification Chart found in Specification Section 22 of
Ordinance 461. For projects within SCE boundaries use County of Riverside
Ordinance 461, Standard No's 1000 or 1001. For projects within Imperial
Irrigation District (IID) use IID's pole standard.
39. Corner Cutbacks. The corner cutback at intersection of Newport Road and
Antelope Road shall be applied per Standard 805, Ordinance 461.
40. ULMD. The project developer/owner shall contact the Transportation
Department L&LMD 89-1-C Administrator and submit the following:
1) Completed Transportation Department application
2) Appropriate fees for annexation.
3) (2)Sets of street lighting plans approved by Transportation
Department.
4) "Streetlight Authorization" form from SCE, IID or other electric
provider.
41. Benefit District. Prior to the recordation of the final map, or any phase
thereof, the project developer/owner shall pay fees in accordance with Zone
D of the Menifee Valley Road and Bridge Benefit District. Should the project
developer/owner choose to defer the time of payment, a written request shall
be submitted to the City, deferring said payment to the time of issuance of a
building permit. Fees which are deferred shall be based upon the fee
schedule in effect at the time of issuance of the permit.
Conditions of Approval PM34318 15 of 23
42. Utilities. Electrical power, telephone, communication, street lighting, and
cable television lines shall be designed to be placed underground in
accordance with ordinance 460 and 461, or as approved by the City
Engineering Department. The applicant is responsible for coordinating the
work with the serving utility company. This also applies to existing overhead
lines which are 33.6 kilovolts or below along the project frontage and between
the nearest poles offsite in each direction of the project site. A disposition
note describing the above shall be reflected on design improvement plans
whenever those plans are required. A written proof for initiating the design
and/or application of the relocation issued by the utility company shall be
submitted to the City Engineering Department for verification purposes.
43. Improvements. Antelope Road from Newport Road to northern most project
limit is a paved City maintained road designated as a Secondary Highway with
existing curb and gutter on the west side and existing curb and gutter and
sidewalk on the east side, Antelope Road from the service station driveway to
Newport road shall be widened for a designated right turn lane and match
existing asphalt at the sawcut joint. Reconstruction or resurfacing of the
existing Antelope Road pavement will be determined by the Engineering
Department and the work and associated cost will be the responsibility of the
Applicant.
NOTE: 1. A 6' sidewalk shall be constructed adjacent to curb line within the
12' parkway.
2. The curb returns at entries of Palm Villa Drive and Pampas Street
shall be constructed at a 35' radius as shown on entry exhibits
transmitted by CSL Engineering on 2/23/09 and as directed by the
City Engineer.
Newport Road from Antelope Road to 400' westerly is a paved City
maintained road designated as an Urban Arterial Highway and shall be
improved with 8" concrete curb and gutter located 72' to 99 feet from
centerline to curb line, and match up asphalt concrete paving; reconstruction;
or resurfacing of existing paving as determined by the City Engineering
Department within the 84' to 111 foot half-width dedicated right-of-way in
accordance with Section A-A and Section B-B shown on "Improvement
Exhibit for the Menifee Commercial Center," prepared by CSL Engineering.
NOTE: 1. A 6' sidewalk (along site frontage) shall be constructed adjacent to
curb line within the 12' parkway.
2. Additional grading to be done between proposed taper and
proposed right-of-way (96' from centerline) per Improvement
Exhibit.
44. Street Sweeping. The project developer/owner shall file an application for
annexation into County Service Area 152 (CSA 152) for street sweeping
through the CSA Administrator; or enter into a similar mechanism as
approved by the City Engineer.
45. Dedicate Roadway Easements. The applicant shall dedicate roadway
easements for maintenance purposes at driveway entries of Palm Villa Drive
Conditions of Approval PM34318 16 of 23
and Pampas Street as shown on Entry Exhibits transmitted by CSL
Engineering on 2/23/09 and as directed by Transportation Department.
Prior to Issuance of Grading Permit
46. No Grading Permit. A PRECISE GRADING PERMIT WILL NOT BE
ISSUED, BY THE BUILDING AND SAFETY DEPARTMENT, FOR ANY
PARCEL(S) OF THIS SUBDIVISION - UNLESS AN APPROPRIATE LAND
USE PERMIT HAS ALSO BEEN ISSUED BY THE PLANNING
DEPARTMENT AND APPROVED BY THE CITY COUNCIL, FOR THAT
SAME PARCEL(S).
Conditions of Approval PM34318 17 of 23
Section IV:
Riverside County Flood Control
District Conditions of Approval
General Conditions
Conditions of Approval PM34318 18 of 23
47. Flood Hazard Report, Parcel Map 34318 is a proposal to subdivide 16.35-
acres into commercial parcels in the City of Menifee.
The site is located east of the 1-215, west of Antelope Road and north of
Newport Road. This site is relatively flat and drains in a northerly direction to
Salt Creek to the north. This development is being processed concurrently
with PP2009-052 and CUP 3487. Water quality mitigation for the site is being
addressed with PP2009-052.
If grading is proposed under this case, the conditions for PP2009-052 shall
be met.
48. Phases. 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 Final Map
49. ECS Sheet. A copy of the environmental constraint sheet and the final map
shall be submitted to the Riverside County Flood Control District for review
and approval. All submittals shall be date stamped by the engineer and
include the appropriate plan check fee.
50. Drainage Facilities. Onsite drainage facilities/water quality features located
outside of road right of way shall be contained within drainage easements
shown on the final map. A note shall be added to the final map stating,
"Drainage easements shall be kept free of buildings and obstructions".
Prior to Issuance of Grading Permit
51. Grading. If grading is proposed under this case, the conditions for Plot Plan
No. 2009-052 shall be met.
Conditions of Approval PM34318 19 of 23
Section V:
Riverside County Fire Department
Conditions of Approval
General Conditions
Conditions of Approval PM34318 20 of 23
52. Pavement Markers. Blue retroreflective pavement markers shall be mounted
on private streets, public streets and driveways to indicate location of fire
hydrants. Prior to installation, placement of markers must be approved by the
Riverside County Fire Department.
53. Fire Hydrants. Approved super fire hydrants, (6'x4"x2 1/2"x2 1/2") shall be
located at each street intersection and spaced not more than 330 feet apart in
any direction, with no portion of any lot frontage more than 165 feet from a
fire hydrant.
Prior to Final Map
54. Water System Plans. The applicant or developer shall furnish one copy of
the water system plans to the Fire Department for review. Plans shall be
signed by a registered civil engineer, containing a Fire Department approval
signature block, and shall conform to hydrant type, location, spacing and
minimum fire flow. Once plans are signed by the local water company, the
originals shall be presented to the Fire Department for signature.
55. ECS Note. ECS map must be stamped by the City of Menifee Surveyor with
the following note: The required water system, including fire hydrants, shall
be installed and accepted by the appropriate water agency prior to any
combustible building material placed on an individual lot.
Conditions of Approval PM34318 21 of 23
Section VI :
Riverside County Environmental
Health Conditions of Approval
Conditions of Approval PM34318 22 of 23
General Conditions
56. EMWD Service. All lots under Parcel Map#34318 are 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 for each lot are met with EMWD, as well as, all other
applicable agencies. Any existing septic system(s) must be properly removed
or abandoned under permit with the Department of Environmental Health
(DEH).
Prior to Final Map
57. Water System. A water system shall have plans and specifications approved
by the water company and the Department of Environmental Health.
58. Securities. Financial arrangements (securities posted) must be made for the
water improvement plans and be approved by City Attorney.
59. Sewer System. A sewer system shall have mylar plans and specifications as
approved by the District, the Survey Department and the Department of
Environmental Health.
60. Annexation. Annexation proceedings must be finalized with the applicable
purveyor for sanitation service.
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 PM34318 23 of 23
EXHIBIT "1 "
Conditions of Approval for CUP 2014-157
Section I: Conditions applicable to All Departments
Section ll: Planning Conditions of Approval
Conditions of Approval CUP No. 2014-157 1 of 7
Section I :
Conditions Applicable to all
Departments
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Conditions of Approval CUP No. 2014-157 2 of 7
General Conditions
1. Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Conditional Use Permit No. 2009-103
shall be henceforth defined as follows:
APPROVED EXHIBIT R = Site Plan for Conditional Use Permit No. 2014-
157, dated October 15, 2008.
2. Description. The use hereby permitted is to allow for the seasonal sales
area and recyclable area associated with the grocery store. The use was
previously approved under Conditional Use Permit No. 2009-103; however,
that permit expired.
3. Indemnification. The developer/applicant shall indemnify, protect, defend,
and hold harmless, the City and County 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 this Plot Plan or the City's and County's approval
thereof, or from any proceedings against or brought against the City or
County, 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 County, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning
Environmental Assessment No. 41320, Change of Zone No. 7501,
Tentative Parcel Map No. 34998, Plot Plan No. 2009-051, Conditional Use
Permit No. 2014-155, Conditional Use Permit No. 2014-156 and
Conditional Use Permit No. 2014-157.
4. Ninety (90) Days to Protest. The project developer has ninety (90) days
from the date of approval of these conditions to protest, in accordance with
the procedures set forth in Government Code Section 66020, the imposition
of any and all fees, dedications, reservations and/or other exactions
imposed on this project as a result of this approval or conditional approval
of this project.
5. Newly Incorporated City. The City of Menifee is a new City incorporated
on October 1, 2Q08; 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 also will identify and fund mitigation measure 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
Conditions of Approval CUP No, 2014-157 3 of 7
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. City of Menifee. On October 1st, 2008 the City of Menifee incorporated. At
the time the City incorporated it was required to accept all the laws and
ordinances of the County of Riverside. Overtime the City will change these
ordinances either by name or content. The applicant or successor in
interest of this project will be subject to ordinances of the City of Menifee
and not those of the County of Riverside that the City has jurisdiction over.
Therefore, any condition of approval listed in this project that references a
County of Riverside Ordinance, will in fact be subject to the equivalent City
ordinance or subsequent ordinance introduced by the City. The applicant
or their successor in interest by accepting these conditions also agrees to
accept the equivalent City ordinance or subsequent ordinance introduced
by the City.
7. Comply with All Conditions. The applicant/developer shall comply with all
terms and conditions of Plot Plan No. 2009-051.
8. Expiration. This approval shall be used within two (2) years of the approval
date or as determined by a development agreement; otherwise, it shall
become null and void and of no effect whatsoever. 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 one year extension be
obtained and no substantial construction or use of this permit be initiated
within three (3) years of the approval date this permit, shall become null
and void.
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Conditions of Approval CUP No. 2014-157 4 of 7
Section II :
Planning Conditions of Approval
Conditions of Approval CUP No. 2014-157 5 of 7
General Conditions
9. Comply with Ordinance. The development of these premises shall comply
with the standards of Ordinance No. 348 and all other applicable
ordinances and State and Federal codes.
The development of the premises shall conform substantially with that as
shown on APPROVED EXHIBIT A, unless otherwise amended by these
conditions of approval.
10. Approved Plans. The project shall be developed in substantial conformance
with the approved plans.
11. 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.
12. Ceased Operations. In the event the use hereby permitted ceases
operation for a period of one (1) year or more, this approval shall become
null and void.
13. Business Licensing. Every person conducting a business within the City
of Menifee shall obtain a business license. For more information regarding
business registration, contact the City of Menifee.
14, Seasonal Sales and Recycling Area Location. The recycling area and
seasonal sales area shall be located within the site as shown on EXHIBIT
R.
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15. Plot Plan Required. The applicant shall submit a Plot Plan application for
Planning Director approval showing the elevation and materials for the
parking lot enclosure of the seasonal sales area.
16. No Chain Link. No chain link fencing shall be allowed for either the
seasonal sales area or recycling area.
17. Sales Times. The sales times for the outdoor areas shall coincide with the
j store hours of operation.
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18. Four Outdoor Seasonal Sales Per Year. The applicant is only allowed
the use of the outdoor sales area four (4) times per year, not to exceed
thirty (30) days during each use.
19. Recycling Area. The recycling area shall be kept clean at all times and
shall be manned during operating hours.
20. Seasonal Sales. The seasonal sales area shall be kept clean at all times
during use.
Conditions of Approval CUP No. 2014-157 6 of 7
21. Other Restrictions. The CUP approval is not for live entertainment, music
or dancing.
FEES
22. Subsequent Submittals and Fees. Any subsequent submittals required by
these conditions of approval, including but not limited to grading plan,
building plan or mitigation monitoring review, shall be reviewed on an hourly
basis (research fee), or other such review fee as may be in effect at the
time of submittal, as required by Ordinance No. 671. Each submittal shall
be accompanied with a letter clearly indicating which condition or conditions
the submittal is intended to comply with.
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 CUP No. 2014-157 7 of 7
EXHIBIT 661 "
Conditions of Approval for CUP 2014-156
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Conditions of Approval CUP No. 2014-156 1 of 7
Section I :
Conditions Applicable to all
Departments
Conditions of Approval CUP No. 2014-156 2 of 7
General Conditions
1. Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Conditional Use Permit No. 2014-156
shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2014-
156, dated October 15, 2008.
2. Description. The use hereby permitted is to allow off-site sales of distilled
spirits, beer and wine, for one (1) of the major buildings which is intended
for drug store/pharmacy use. The use was previously approved under
Conditional Use Permit No. 2009-102; however, that permit expired.
3. Indemnification. The developer/applicant shall indemnify, protect, defend,
and hold harmless, the City and County 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 this Plot Plan or the City's and County's approval
thereof, or from any proceedings against or brought against the City or
County, 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 County, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning
Environmental Assessment No. 41320, Change of Zone No. 7501,
Tentative Parcel Map No. 34998, Plot Plan No, 2009-051, Conditional Use
Permit No. 2014-155, Conditional Use Permit No. 2014-156, and
Conditional Use Permit No. 2014-157.
4. Ninety (90) Days to Protest. The project developer has ninety (90) days
from the date of approval of these conditions to protest, in accordance with
the procedures set forth in Government Code Section 66020, the imposition
of any and all fees, dedications, reservations and/or other exactions
imposed on this project as a result of this approval or conditional approval
of this project.
5. 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 also will identify and fund mitigation measure 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
Conditions of Approval CUP No. 2014-156 3 of 7
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. City of Menifee. On October 1It, 2008 the City of Menifee incorporated. At
the time the City incorporated it was required to accept all the laws and
ordinances of the County of Riverside. Over time the City will change these
ordinances either by name or content. The applicant or successor in
interest of this project will be subject to ordinances of the City of Menifee
and not those of the County of Riverside that the City has jurisdiction over.
Therefore, any condition of approval listed in this project that references a
County of Riverside Ordinance, will in fact be subject to the equivalent City
ordinance or subsequent ordinance introduced by the City. The applicant
or their successor in interest by accepting these conditions also agrees to
accept the equivalent City ordinance or subsequent ordinance introduced
by the City.
7. Comply with All Conditions. The applicant/developer shall comply with all
terms and conditions of Plot Plan No. 2009-051.
8. Expiration. This approval shall be used within two (2) years of the approval
date or as determined by a development agreement; otherwise, it shall
become null and void and of no effect whatsoever. 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 (2) 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 one year
extension be obtained and no substantial construction or use of this permit
be initiated within three (3) years of the approval date this permit, shall
become null and void.
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Conditions of Approval CUP No. 2014-156 4 of 7
Section II :
Planning Conditions of Approval
i
Conditions of Approval CUP No. 2014-156 5 of 7
General Conditions
9. Comply with Ordinance. The development of these premises shall comply
with the standards of Ordinance No. 348 and all other applicable
ordinances and State and Federal codes.
The development of the premises shall conform substantially with that as
shown on APPROVED EXHIBIT A, unless otherwise amended by these
conditions of approval.
10. Licensing. At all times during the conduct of the permitted use the
permittee shall maintain and keep in effect valid licensing approval from the
Department of Alcohol Beverage Control, or equivalent agency as provided
by law. Should such licensing be denied, expire or lapse at any time in the
future, this permit shall become null and void.
11. 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 d) is a public nuisance, this permit shall be subject to the revocation
procedures.
12. Ceased Operations. In the event the use hereby permitted ceases
operation for a period of one (1) year or more, this approval shall become
null and void.
13. Alcohol Sales. The following development standards shall apply to the
sale of distilled spirits, beer and wine at the drug store/pharmacy:
a. The owner and the management shall educate the public regarding
driving under the influence of intoxicating beverages, minimum age for
purchase and consumption of alcoholic beverages, driving with open
containers and the penalty associated with violation of these laws. In
addition, the owner and management shall provide health warnings
about the consumption of alcoholic beverages. This educational
requirement may be met by posting prominent signs, decals or
brochures at points of purchase. In addition, the owner and
management shall provide adequate training for all employees at the
location as to these matters.
b. No displays of beer, wine or other alcoholic beverages shall be
located within five feet of any building entrance or checkout counter.
c. No lighted advertising for beer, wine or other alcoholic beverages
shall be located on the exterior of buildings or within window areas.
d. Employees selling beer and wine between the hours of 10:00 p.m.
and 2:00 a.m. shall be at least twenty-one (21) years of age.
e. No sale of alcoholic beverages shall be made from a drive-in window.
Conditions of Approval CUP No. 2014-156 6 of 7
f. All alcoholic beverage displays and storage areas, and all electrical
coolers containing alcoholic beverages shall be locked between the
hours of 2:00 a.m. and 6:00 a.m. in order to prevent public access to
alcoholic beverages during those hours.
14. Business Licensing. Every person conducting a business within the City
of Menifee shall obtain a business license. For more information regarding
business registration, contact the City of Menifee.
15. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this conditional use permit as a principal
place of residence. No person shall use the premises as a permanent
mailing address nor be entitled to vote using an address within the
premises as a place of residence.
FEES
16. Subsequent Submittals and Fees. Any subsequent submittals required by
these conditions of approval, including but not limited to grading plan,
building plan or mitigation monitoring review, shall be reviewed on an hourly
basis (research fee), or other such review fee as may be in effect at the
time of submittal, as required by Ordinance No. 671. Each submittal shall
be accompanied with a letter clearly indicating which condition or conditions
the submittal is intended to comply with.
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.
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Signed Date
Name (please print) Title (please print)
I
Conditions of Approval CUP No. 2014-156 7 of 7