09-117 Resolution No. 09-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING
PLOT PLAN NO. 19469 REVISED PERMIT NO. 1
Whereas, the applicant, Kensington West, LLC., filed a formal application with
the County of Riverside for Plot Plan No. 19469 Revised Permit No. to revise the
previously approved Plot Plan No. 19469 for senior apartments, by reducing the number
of apartment buildings to 26 and increasing the density of the buildings by allowing for
154 one-bedroom units and 67 two-bedroom units for a total of 221 units that make up
the Kensington Apartments; and
Whereas, on September 8, 2009, the City of Menifee Planning Commission
considered public testimony and materials in the staff report and accompanying
documents, which hearing was publicly noticed by a publication in the newspaper of
general circulation, an agenda posting, and notice to property owners within 600 feet of
the project site boundaries; and
Whereas, on September 8, 2009, based upon the materials at the public hearing
the City of Menifee Planning Commission recommended approval to the City Council for
Plot Plan No. 19469 Revised Permit No. 1; and,
Whereas, on October 20, 2009, the City of Menifee City Council considered
public testimony and materials in the staff report and accompanying documents, which
hearing was publicly noticed by a publication in the newspaper of general circulation, an
agenda posting, and notice to property owners within 600 feet of the project site
boundaries; and
Whereas, on October 20, 2009, based upon the materials at the public hearing
the City of Menifee City Council made the following findings for Plot Plan No. 19469
Revised Permit No. 1;
1. The proposed senior apartment complex is a permitted use in the Community
Development: High Density Residential (CD: HDR) (8-14 dwelling units per acre)
designation.
2. The project site is located within the Highway 79 Policy Area which establishes
guidelines to ensure that overall trip generation from residential development within
the policy area produce traffic generation at a level that is 9% less than the trips
projected from the General Plan traffic model residential land use designations. The
County Transportation Department reviewed the proposed project and determined
that the project is consistent with the Highway 79 Policy Area. The proposed project
is anticipated to generate fewer than 100 trips in either the AM or PM peak hours.
3. The project site is surrounded by properties which are designated Community
Development: Very High Density Residential (CD: VHDR) (14-20 dwelling units per
acre) to the north, Rural: Rural Mountainous (R: RM) (10 Acre Minimum) to the
south, and Community Development: Medium Density Residential (CD: MDR) (2-5
dwelling units) to the east and beyond Interstate 215 to the west.
4. The zoning for the subject site is Multiple Family Dwellings (R-2).
5. The proposed senior apartment complex is a permitted use, subject to approval of a
plot plan in the Multiple Family Dwellings (R-2) zone.
City of Menifee
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6. The proposed senior apartment complex is consistent with the development
standards set forth in the Multiple Family Dwellings (R-2) zone.
7. The project site is surrounded by properties which are zoned Multiple-Family
Dwellings (R-2) to the north, Residential Agricultural — 10 acre minimum (R-A-10) to
the south, One-Family Dwellings (R-1) to the east and beyond Interstate 215 to the
west, and Scenic Highway Commercial (C-P-S) to the northwest.
8. Multiple family residential units have been constructed and are operating in the
project vicinity.
9. This project is not located within a Criteria Area of the Multi-Species Habitat
Conservation Plan.
10. Environmental Assessment No. 41975 was prepared for the proposed project.
Environmental Assessment No. 41975 determined that the proposed project could
not have a significant effect on the environment and a Negative Declaration was
prepared.
NOW, THEREFORE, the City Council of the City of Menifee resolves and orders
as follows:
1. The Findings set out above are true and correct.
2. Plot Plan No. 19469 Revised Permit No. 1 is hereby approved and is subject to
the Conditions of Approval in Exhibit "1" to this resolution.
PASSED, APPROVED AND ADOPTED this the 20th day of October, 2009, by the
following vote:
AYES:
NOES: a'C /
ABSENT:Vy f 0 p_U
ABSTAIN:,,/)Ib/u_,
Mayor Wallace Edgerton
Attest:
Kathy Bennett, City Clerk
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Resolution 09-117
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EXHIBIT"1"
Conditions of Approval
Plot Plan No. 19469 Revised Permit No. 1
Kensington Apartments
Conditions of Approval for PP19469R1
Every Department
General Conditions
1. The use hereby permitted is for the first revised permit for Plot Plan No. 19469
which was originally approved in April of 2006 for a senior apartment complex
consisting of 31 apartment buildings (25 one-story buildings and 6 two-story
buildings) with 148 dwelling units, a club house with swimming pool, putting
green, pitching tee and shuffle board area and 305 parking spaces. The revised
permit is proposing to reduce the number of apartment buildings to 26 and
increase the density of the buildings by allowing for 154 one-bedroom units and
67 two-bedroom units for a total of 221 units. Buildings 11-13 and 20-23 are
proposed for "12-Plex" buildings and will be two-stories in height (previously
approved for one-story). Buildings 24-26 are proposed for "15 Plex" Buildings
and will be three-stories in height (previously approved for one-story). The project
now proposes 381 parking spaces (210 garage spaces, 54 covered spaces, and
117 non-covered spaces). The project site is currently being graded per
PP19469 approval.
Any approval for use of or development on this property that was made pursuant
to PP19469 shall become null and void upon final approval of PP19469R1 by the
City of Menifee.
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.
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.
This approval shall be used within two (2) years of approval date; otherwise, it
shall become null and void and of no effect whatsoever. By use is meant the
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beginning of substantial construction contemplated by this approval within a two
(2) year period which is thereafter diligently pursued to completion or of 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 request in which to use this plot plan. A maximum of three
one-year extension of time requests shall be permitted. 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.
If the use changes from apartments to condominiums, approval for revisions
under conversion procedures will be required.
The project is restricted to senior housing, which is considered persons aged fifty-
five (55) years or older. A revised permit will be required to remove the senior
housing restriction.
Prior to the sale of any individual structure as shown on APPROVED EXHIBIT A,
a land division shall be recorded in accordance with Ordinance No. 460, and any
other pertinent ordinance.
2. 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. 41975, General Plan Amendment No. 1057 and Plot Plan No.
19469 Revised Permit No. 1.
3. The words identified in the following list that appear in all capitals in the attached
conditions of Plot Plan No. 19469 Revised Permit No. 1 shall be henceforth
defined as follows:
(a) APPROVED EXHIBIT A = Site Plan of Plot Plan No. 19469 Revised
Permit No. 1, Amended No. 1, dated March 24, 2009.
(b) APPROVED EXHIBIT B = Elevations and Floor Plans (Sheets 1-31)
of Plot Plan No. 19469 Revised Permit No. 1, Amended No. 1, dated
October 7, 2008.
(c) APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 19469
Revised Permit No. 1, Amended No. 1, dated March 24, 2009.
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Resolution 09-117
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(d) APPROVED EXHIBIT L = Landscaping Plans (Sheets 1-9) for Plot
Plan No. 19469 Revised Permit No. 1, Amended No. 1, dated March
24, 2009.
(e) APPROVED EXHIBIT M = Colored Elevations for Plot Plan No. 19469
Revised Permit No. 1, Amended No. 1, dated October 7, 2008.
4. 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. 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 possible changes in development fees and understands that
the fees charged will be those which apply at the time specified in the fee.
6. 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.
Planning Department
General Conditions
7. 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
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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.
8. 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.
9. 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.
10. 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.
11. 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.
12. The development of these premises shall comply with the standards of Ordinance
No. 348 and all other applicable City of Menifee ordinances, Eastern Riverside
County ordinances and State and Federal codes and regulations. The
development of the premises shall conform substantially with that as shown on
APPROVED EXHIBIT A, unless otherwise amended by these conditions of
approval.
13. 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.
14. Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way. The project site is located within the
Mt. Palomar Special Lighting Area, as defined in Ordinance No. 2009-024, low
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pressure sodium vapor lighting or overhead high pressure sodium vapor lighting
with shields or cutoff luminares, shall be utilized.
15. Building colors and materials shall be in substantial conformance with those
shown on APPROVED EXHIBIT M.
16. Parking for this project was determined primarily on the basis of Ordinance No.
348, Section 18.12. a.(2).b), Residential Use, Multiple Family.
17. 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.
All existing outdoor advertising displays, signs or billboards shall be removed.
18. 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. The project shall conform to the Countywide Design Standards and Guidelines,
adopted January 13, 2004.
20. Every person conducting a business within the City of Menifee, as defined in
Ordinance No. 857, shall obtain a business license. For more information
regarding business registration, contact the City Clerk.
21. 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 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 in accordance with the Planning
Department's prior to building final inspection landscaping installation and
inspection condition.
All landscaping plans shall be prepared in accordance with Ordinance 859 (as
adopted and any amendments thereto), the Riverside County Guide to California
Landscaping, Ordinance 348, Section 18.12, or other standard as adopted by the
City. Such plans shall be reviewed and approved by the Planning Department,
the appropriate maintenance authority, and shall be in conformance with the
PRELIMINARY LANDSCAPING plans.
22. Grading shall be conducted consistent with SSR# 672 submitted for the original
Plot Plan No. 19469: County Slope Stability Report (SSR) No. 672 was prepared
for this project (PP19469) by SID Geotechnical, Inc. and is entitled: "Slope
Stability Evaluation Report, County Plot Plan 19469 (Amendment 1), Southwest
Corner of Tate and Bavaria, Sun City Area, Riverside County, California", dated
October 6, 2004.
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In addition, SID provided the following documents for this project:
Office Memorandum dated March 2, 2005 in response to previous comments
made with regard to SSR No. 672.
"Response to Review Comments No. 2 Dated march 9, 2005, County Slope
Stability Report (SSR) No. 672 County Plot Plan 19469 Southeast Corner of Tate
and Bavaria, Sun City Area, Riverside County, California", dated May 18, 2005.
These documents are herein incorporated as a part of SSR No. 672.
SSR No. 672 concluded:
The proposed 28 feet high 2:1 fill slope and crib wall configuration along the
western boundary of the site is considered stable with a static and pseudo-static
safety factor of 1.7 and 1.4, respectively. Surficial slope stability of the 2:1 slope
indicate a factor of safety of 1.56.
The proposed cut slopes are expected to be grossly stable as designed.
Slope stability analysis of a 2:1 fill slope up to 40 feet high exhibited a safety
factor in excess of 1.5.
SSR No. 672 recommended:
Fill slopes should be properly keyed and benched in accordance with the
California Building Code.
The project engineering geologist or their representative should observe and
inspect all cut slopes during grading to assure that anticipated geologic structure
and conditions are exposed.
SSR No. 672 satisfies the requirement for a slope stability assessment for
planning purposes. Final approved of SSR No. 672 is hereby granted for
planning purposes. Engineering and other Uniform Building Code parameters
where not included as a part of this review or approval and this approval is not
intended, and should not be misconstrued as approval for grading permit.
Additional fieldwork, analysis and reporting may be required as part of the
grading plan application process. 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.
23. 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.
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24. Fire Facilities Dedication. All fire facilities required by the project shall be
dedicated to the City of Menifee.
25. Park Dedications. All parklands must be annexed into a Lighting and Landscape
Maintenance district required for park maintenance, or other mechanism as
determined by the City of Menifee and must be completed before building permit
issuance.
26. All Quimby fees for parkland and park improvements dedicated to the City must
be paid to the City of Menifee.
27. 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.
28. During the construction of the project and thereafter, the Developer and any
successor owner of the project shall maintain the drainage facilities as shown on
approved exhibit A, to the standards required by Regional Water Quality and/or
the City of Menifee; shall enter into a written agreement with Barrington Heights
Homeowner's Association for the ongoing maintenance of the first flush basin
located on Developer's property, which maintenance shall be to the same
standards; and shall maintain the parkway on Bavaria Drive adjacent to the
project site.
29. The project driveway across from Tate Road shall be right-in only. Stop signs
shall be placed at the intersection of Bavaria Court and Tally Road to provide for a
three way stop at the intersection. This condition has been added per the
Planning Commission.
Prior to Issuance of Grading Permit
30. 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 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 20
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
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ordinance, payment of the appropriate fee set forth in that ordinance shall be
required.
31. No grading permits shall be issued until General Plan Amendment No. 1057 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
designations and/or zones ultimately applied to the property.
32. Prior to the issuance of grading permits for Plot Plan No. 19469 Revised Permit
No. 1, 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.
33. Prior to the issuance of grading permits for Plot Plan No. 19469 Revised Permit
No. 1, the applicant/developer shall provide evidence that any code violations
have been remedied within the project site.
Prior to Issuance of Building Permit
34. The permittee shall have four (4) copies of a certified acoustical study performed
by a professional acoustician prepared which outlines methods by which interior
sound levels within the principal buildings of the proposed use will be maintained
at no more than 45 db(A) and that airborne sound insulation methods will comply
with Chapter 35 of the Uniform Building Code. The study shall be submitted to the
Health Services Agency, Office of industrial Hygiene for review and comment (the
permittee may be assessed review fees not to exceed the Agency's hourly rate)
and shall forward the study along with any comments of the Health Service
Agency and corrections to the Planning Department for approval.
35. 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.
36. Floor plans shall be in substantial conformance with that shown on APPROVED
EXHIBIT C.
37. Roof mounted equipment shall be shielded from ground view. Screening material
shall be subject to Planning Department approval.
38. All dwelling units shall have a minimum floor living area of not less than 750
square feet excluding porches, garages, patios or similar features whether
attached or detached. The permittee shall demonstrate to the satisfaction of the
Planning Director and the Director of the Department of Building and Safety that
construction plans comply with all dwelling unit minimum floor living area
regulations.
39. A maximum of two-hundred and twenty-one (221) dwelling units are allowed
under this permit.
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40. 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.
41. Bike rack spaces or bike lockers shall be shown on the project's parking and
landscaping plan submitted to the Planning Department for approval.
42. Impacts to the Menifee Union School District shall be mitigated in accordance with
California State law.
Impacts to the Perris Union High School District shall be mitigated in accordance
with California State law.
43. 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 and the General
Plan.
44. Prior to issuance of building permits for Plot Plan No. 19496R1, 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.
45. Performance securities, in amounts to be determined by the Director of Building
and Safety to guarantee the installation of plantings, irrigation system, walls
and/or fences, in accordance with the approved plan, shall be filed with the
Department of Building and Safety. Securities may require review by the 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.
46. The land divider/permit holder shall file six (6) sets of a Landscaping and Irrigation
Plan 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 Section 18.12, Sections 19.300 through 19.304., and the
conditions of approval for the parent permit or plot plan. The plan shall show all
common open space areas and label those open space areas regulated/or
conserved by the prevailing MSHCP. The plan shall address all areas and
conditions of the tract requiring landscaping and irrigation to be installed including,
but not limited to: slope planting, common area and/or park landscaping, and
individual front yard landscaping. Emphasis shall be placed on using plant
species that are drought tolerant and low water using.
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(a) Landscaping and Irrigation Plot Plans shall be prepared consistent
with Ordinance No. 859 (as adopted and any amendments thereto),
the Riverside County Guide to California Landscaping, Ordinance No.
348, Section 18.12, or other standard as adopted by the City.
(b) Landscaping plans for areas that are totally within the road right-of-
way shall be submitted to the Transportation Department only. Slope
Landscaping plans for slopes exceeding 3 feet in height shall be
submitted to the Planning Department for review by the landscape
division. 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.
47. Prior to issuance of building permits, the permit holder shall deposit the prevailing
DBF amount to cover the Initial, 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 FEE ONLY case type
at the current prevailing, Board adopted, hourly rate. The amount of hours for the
Initial, Six Month and One Year Landscape Inspections will be determined by the
Planning Department's Landscape personnel prior to approval of the requisite
Minor Plot Plan for Planting and Irrigation. This condition does not apply to front
yard typicals and models.
48. Landscaping plans shall incorporate the use of specimen (24" box or greater)
canopy trees along 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.
49. Prior to the issuance of building permits for Plot Plan No. 19469 Revised Permit
No. 1, the applicant/developer shall provide evidence that any code violations
have been remedied within the project site.
50. Prior to issuance of the first building permit for the project, the developer shall
submit CC&Rs for review and approval to the City Attorney. The CC&Rs shall
include provisions restricting occupancy of the project to senior only housing,
which is considered person aged 55 years or older.
51. Prior to building permit issuance, the developer shall submit a revised site plan
showing the driveway on Bavaria across from Tally road as right-in only. The
revised site plan shall also show stop signs at the intersection of Tally Road and
Bavaria Drive to provide for a three-way stop at this intersection. This condition
has been added per the Planning Commission.
Prior to Final Inspection
52. All dwelling units shall have a minimum floor living area of not less than 750
square feet. All buildings and structures shall comply with approved construction
plans that are designed in accordance with this condition.
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53. The permit holder shall construct and design the project in compliance with the
recommendations of an approved acoustical study, as reviewed and, as the case
may be, modified by the Department of Environmental Health, Office of Industrial
Hygiene and approved by the Planning Department. The permit holder may be
required to submit to the Planning Department a written certification from a state
licensed professional that the project was constructed in compliance with the
recommendations of the approved acoustical study. The Planning Department
may require further inspection by staff to assure project compliance with this
condition of approval.
54. A minimum of three-hundred and eighty-one (381) parking spaces shall be
provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by
the Planning Department. The parking area shall be surfaced with asphaltic
concrete, concrete, or porous pavement to current standards as approved by the
Department of Building and Safety.
55. A minimum of nine (9) 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:
(a) "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
(b) 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.
56. A minimum of two-hundred and sixty-four (264) parking spaces shall be covered
by a carport or enclosed garage.
57. Roof-mounted equipment shall be shielded from ground view. Screening material
shall be subject to Planning Department approval.
58. 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.
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59. 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.
60. Seven (7) trash enclosures which are adequate to enclose a minimum of fourteen
(14) 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
architecturally enhanced be a minimum of six (6) feet in height and shall be made
with 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.
A clearance letter from Riverside County Waste Management District shall be
provided to the Planning Department verifying compliance with the conditions
contained in their letter dated June 23, 2004, 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.
61. The permit holder shall present certification to the Director of the Department of
Building and Safety that payment of parks and recreation fees and/or dedication
of land for park use in accordance with Section 10.35 of Ordinance No. 460 has
taken place. Said certification shall be obtained from an entity acceptable to the
Community Development Director.
62. Wall and/or fence locations shall be in conformance with APPROVED EXHIBIT A.
63. If the project has been phased, all facilities meant to serve the current phase of
development shall be installed in a usable condition. Project landscaping may not
all be deferred until the final phase.
64. All swimming pools and spas shall be properly enclosed with minimum five (5)
foot high fencing and self-latching gates as required by the state building code
(Title 24), notwithstanding any other provisions of Ordinance No. 421 to the
contrary. Commercial/Public Swimming pools and spas shall provide or access by
physically-handicapped persons.
65. Prior to the issuance of a certificate of occupancy, or upon building permit final
inspection, whichever comes first, 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.
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The amount of the fee required to be paid may vary, depending upon a variety of
factors, including the type of development application submitted and the
applicability of any fee reduction or exemption provisions contained in Ordinance
No. 663. Said fee shall be calculated on the approved development project which
is anticipated to be 20 acres (gross) in accordance with APPROVED EXHIBIT 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.
66. 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.
67. The permit holder shall prepare and submit a written report to the City of Menifee
Planning Department demonstrating compliance with all remaining conditions of
approval and mitigation measures of this permit and E.A. No. 41975. The
Planning Director may require inspection or other monitoring to ensure such
compliance.
68. 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. 19469
Revised Permit No. 1 is calculated to be 19.7 net acres. In the event Riverside
County 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.
69. 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.
(a) The amount of the fee for commercial or industrial development shall
be calculated on the basis of the "Project Area," as defined in the
Ordinance, which shall mean the net area, measured in acres, from
the adjacent road right-of-way to the limits of the project development.
The Project Area for Plot Plan No. 19469 Revised Permit No. 1 has
been calculated to be 19.7 net acres.
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(b) 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.
70. The permit holder's landscape architect responsible for preparing the
Landscaping and Irrigation Plans shall arrange for an Installation Inspection with
the Planning Department at least fifteen (15) working days prior to final Inspection
of the structure or issuance of occupancy permit, whichever occurs first. Upon
successful completion of the Installation Inspection and compliance with the
Planning Department's prior to building permit issuance landscape deposit
condition 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.
71. All required landscape planting and irrigation shall have been installed in
accordance with approved Landscaping, Irrigation, and Shading Plans, Ordinance
No. 859 (as adopted and any amendments thereto), and the Riverside County
Guide to California Landscaping. All landscape and irrigation components shall be
in a condition acceptable to the Planning Department through the implementation
of the Planning Department's prior to building final inspection landscaping install
and inspect condition. 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.
72. Prior to occupancy, the club house, pool, putting green, pitching tee and shuffle
board area shall be constructed and a permanent maintenance mechanism/entity
shall be in place to undertake responsibilities for maintaining the facilities.
73. Prior to the certificate of occupancy for the first unit, Applicant/Developer shall
complete annexation to City Landscape and Lighting Maintenance District No. 89-
1 (L&LMD) for the following purposes: as a dormant assessment district to back
up developers performance of the condition set out in # 28 above, which
assessments shall be approved at a level determined to be sufficient for ongoing
maintenance of the drainage facility, first flush basin and parkway but which shall
be levied at $0/year until such time as Developer or its successor shall fail to
maintain such improvements to the appropriate standards as determined by City.
Developer shall form such L&LMD through the Riverside County Transportation
Agency, attention Judy Watterlond, who provides such services under contract to
the City, and shall follow the procedures set out for such annexation by that
Agency, including but not limited to the payment of the $2,500 cost. The
Developer/Applicant shall request, fund and form a L&LMD or other appropriate
assessment district to fund the operation and maintenance of the drainage
facitily.
74. Prior to building final inspection for Plot Plan No. 19469 Revised Permit No. 1, the
applicant/developer shall provide evidence that any code violations have been
remedied within the project site.
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Engineering Department
General Conditions
75. 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.
76. 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.
77. Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top
soil disturbances related to construction grading.
78. All necessary measures to control dust shall be implemented by the developer
during grading. PM10 plan may be required at the time a grading permit is issued.
79. 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).
80. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to
vertical) unless otherwise approved.
81. 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.
82. 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.
(a) 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.
83. Minimum drainage grade shall be 1% except on portland cement concrete where
.35% shall be the minimum.
84. Provide drainage facilities and terracing in conformance with the Uniform Building
Code's chapter on "EXCAVATION & GRADING".
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85. Observe slope setbacks from buildings & property lines per the Uniform Building
Code as amended by Ordinance 457.
86. All off-street parking areas which are conditioned to be paved shall conform to
Ordinance 457 base and paving design and inspection requirements.
87. 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.
88. 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 County Standard Retaining
Wall designs shown on the Building and Safety Department form 284-197.
89. Cribwall (retaining) walls shall be designed by a qualified professional who shall
provide the following information for review and approval - this shall be in addition
to standard retaining wall data normally required. The plans shall clearly show:
soil preparation and compaction requirements to be accomplished prior to footing-
first course installation, method/requirement of footing-first course installation,
properties of materials to be used (i.e. Fc=2500 p.s.i.). Additionally special
inspection by the manufacturer/dealer and a registered special inspector will be
required.
90. 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.
91. The developer/applicant shall be responsible for obtaining the paving inspections
required by Ordinance 457.
92. A recorded easement is required for lot to lot drainage.
93. 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 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.
(a) For additional information and to obtain a copy of the NPDES State
Construction Permit contact the SWRCB at (916) 657-1146.
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(b) Additionally, at the time the county adopts, as part of any ordinance,
regulations specific to the N.P.D.E.S., this project (or subdivision)
shall comply with them.
94. The Transportation Department has not required a traffic study for the subject
project. The Transportation Department has determined that the project is exempt
from traffic study requirements.
95. 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 and Riverside
County 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
Transportation Department.
96. If the existing right-of-way along Bavaria Drive exceeds that which is required for
this project, the project proponent may submit a request for the vacation of said
excess right-of-way. Said procedure shall be as approved by the City of Menifee
City Council. If said excess or superseded right-of-way is also County-owned
land, it may be necessary to enter into an agreement with the County or its
purchase or exchange.
Prior to Issuance of Grading Permit
97. 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.
98. 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.
99. 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.
(a) 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
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comply with any WQMP (water Quality Management Plan) required by
Riverside County Flood Control &Water Conservation District.
100. 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 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.
(a) For additional information and to obtain a copy of the NPDES State
Construction Permit contact the SWRCB at (916) 657-1146.
(b) Additionally, at the time the county adopts, as part of any ordinance,
regulations specific to the N.P.D.E.S., this project (or subdivision)
shall comply with them.
101. 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 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 county roads, review and approval of the
haul routes by the Transportation Department will be required.
102. A clearance from the Transportation Department is required prior to the issuance
of a grading permit.
Prior to Issuance of Building Permit
103. 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.
104. Prior to issuance of a building permit, a Community Facilities District (CFD) or
other funding mechanism acceptable to the Transportation Department shall be
formed and ready to fund for the construction of the ultimate improvements to the
1-215/Newport Road Interchange, as determined by the Transportation
Department.
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105. Prior to issuance of a building permit or any use allowed by this permit, and prior
to doing any work within the State highway right-of-way, clearance and/or an
encroachment permit must be obtained by the applicant from the District 08 Office
of the State Department of Transportation in San Bernardino.
Prior to Final Inspection
106. The developer/applicant shall be responsible for obtaining the paving inspections
required by Ordinance 457.
107. Bavaria Drive along project boundary is designated as a Local road and shall be
improved with 29 feet (18' on the project side and 11' on the opposite side of the
centerline) of asphalt concrete pavement, 6" concrete curb and gutter and
sidewalk within a 60 foot full-width dedicated right-of-way in accordance with
County Standard No. 105, Section "A". (Modified for right-of-way and location of
sidewalk.)
(a) NOTE: 1. The curb and gutter and a portion of the pavement on
Bavaria Drive northerly of this site will be reconstructed to eliminate
an existing knuckle.
1. 2. A 6' sidewalk shall be constructed adjacent to the curb line
within the 12' parkway.
2. Driveways shall be constructed per County Standard No.
207A.
108. 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 Transportation
Department. Completion of road improvements does not imply acceptance for
maintenance.
109. A signing and striping plan is required for this project. The project proponent shall
be responsible for any additional paving and/or striping removal caused by the
striping plan. Traffic signing and striping shall be performed by City forces with all
incurred costs borne by the applicant, unless otherwise approved by the Traffic
Engineer.
110. 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.
111. The project proponent shall comply in accordance with landscaping requirements
within public road rights-of-way, in accordance with Ordinance 461. Landscaping
shall be improved within Bavaria Drive. Landscaping plans shall be submitted on
standard County plan sheet format (24" x 36"). Landscaping plans shall be
submitted within the street improvement plans. If landscaping maintenance to be
annexed to County Service Area, or Landscaping and Lighting Maintenance
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District, landscaping plans shall depict ONLY such landscaping, irrigation and
related facilities as are to be placed within the public road rights-of-way.
112. 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 Transportation 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 Transportation Department for verification
purposes.
113. Electrical power, telephone, communication, street lighting, and cable television
lines shall be placed underground in accordance with Ordinance 460 and 461, or
as approved by the Transportation Department. 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) A certificate should be obtained from the pertinent utility company and
submitted to the Department of Transportation as proof of completion.
114. The project proponent, by his/her design, is requesting a vacation of the existing
dedicated rights-of-way of the sliver at the Bavaria Drive knuckle.
(a) The project proponent shall apply under separate application with the
County Surveyor for a conditional vacation of the sliver, and receive a
City Council decision. Should the City Council fail to approve said
vacation request, the project proponent shall re-design the project,
utilizing the existing rights-of-way.
Flood Control
General Conditions
115. Plot Plan No. 19469, Revision No. 1, is a proposal to develop an approximately
20-acre site as a multi-unit senior apartment complex that includes the usual
associated amenities such as a recreational building, swimming pool, etc. The site
is located in the Sun City area adjacent to the 1-215 freeway at the south end of
Bavaria Drive.
A previous rendition of this plot plan was issued conditions of approval in
October of 2004. The proposal was for 31 apartment buildings while the
latest proposal (Revision No. 1) combines several of the buildings leaving
only 27 apartment buildings but with multiple stories thereby increasing
the density of the project. However, the overall footprint of the site
remains largely unchanged.
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Offsite flows from a large watercourse impact this development at the
northeast corner. Tract No. 29072-1, a residential development east of
this site, constructed the District's Sun City Regent Lane Storm Drain
(Project No. 4-0-0154), which previously outletted on the project site.
Improvement plans for PP19469 were approved and flood control
facilities have been constructed. Based on the approved plans, Regent
Lane Storm Drain was extended northwesterly approximately 150 feet
where it enters a concrete inlet channel/storm drain built by another
development. The District does not maintain this downstream inlet
channel or storm drain.
Onsite runoff would be collected and conveyed by curb and gutter, ribbon
gutters and catch basins. Low flows would be routed to water quality
swales and storm flows conveyed to either the storm drain at the
northeast corner of the site or to an outlet along the western boundary of
the site.
In order to obtain water quality standards certification from the Regional
Board, the developer of TR 29072 proposed a first flush basin with a
forebay to be constructed within this project site. An 8 inch bleeder pipe
was connected to the Sun City Regent Lane Storm Drain to intercept first
flush flow from TR 29072 and divert it to the forebay of the first flush
basin. The forebay, as constructed, was not free draining and there were
complaints it was becoming a vector (mosquito) problem. District staff
visited the site and confirmed that water was not draining out of the
forebay. A solution to remove the forebay and construct a spreader
structure in the forebay location was proposed by Mr. Robert Love (this
project's developer) and approved by the Army Corps of Engineers. As
part of this improvement, the developer of this project replaced the
forebay with a spreader structure. A new bleeder pipe was also installed
to convey first flush storm runoff from TR 29072 and discharge it into this
spreader which in turn outlets into the first flush basin.
To mitigate the development's impact to water quality, the applicant has
submitted a preliminary project specific Water Quality Management Plan
(WQMP). Enhanced vegetated swales are to be utilized as Treatment
Control Best Management Practices (BMPs). The submitted WQMP
appears to be adequate for this phase of development. Since the site has
already been graded, a final WQMP shall be submitted prior to building
permit issuance. It should be noted that one of the enhanced vegetated
swales would be located within the easement of the first flush basin
mentioned above. It is not clear whether the easement has been recorded
or whether the easement precludes such uses. Regardless, the proposed
enhanced swales would not interfere with the function of the first flush
basin.
116. 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
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is exceeded, additional drainage facilities shall be installed. The property shall be
graded to drain to the adjacent street or an adequate outlet.
117. Drainage facilities outletting sump conditions shall be designed to convey the
tributary 100 year storm flows. Additional emergency escape shall also be
provided.
118. 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.
119. This project proposes BMP facilities that will require maintenance by public
agency. To ensure that the public is not unduly burdened with future costs, prior
to final approval or recordation of this case, the District will require an acceptable
financial mechanism be implemented to provide for maintenance of treatment
control BMPs in perpetuity. This may consist of a mechanism to assess individual
benefiting property owners, or other means approved by the District. The site's
treatment control BMPs must be shown on the project's improvement plans -
either the street plans, grading plans, or landscaping plans. The type of
improvement plans that will show the BMPs will depend on the selected
maintenance entity. The developer shall complete formation of an L&LMD to
maintain the facilities included for TR29072-1.
120. In compliance with Santa Ana Region and San Diego Region Regional Water
Quality Control Board Orders, and Beginning January 1, 2005, projects submitted
within the western region of the unincorporated area of Riverside County for
discretionary approval will be required to comply with the Water Quality
Management Plan for Urban Runoff (WQMP). The WQMP addresses post-
development water quality impacts from new development and redevelopment
projects. The WQMP requirements will vary depending on the project's
geographic location (Santa Ana, Santa Margarita or Whitewater River
watersheds). The WQMP provides detailed guidelines and templates to assist the
developer in completing the necessary studies. These documents are available
on-line at:
(a) www.floodcontrol.co.riverside.ca.us under Programs and Services,
Stormwater Quality.
(b) To comply with the WQMP a developer must submit a "Project
Specific"WQMP. This report is intended to
(i) identify potential post-project pollutants and hydrologic impacts
associated with the development;
(ii) identify proposed mitigation measures (BMPs) for identified
impacts including site design, source control and treatment control
post-development BMPs; and
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(iii) identify sustainable funding and maintenance mechanisms for the
aforementioned BMPs. A template for this report is included as
'exhibit A' in the WQMP. The developer has submitted a report
that meets the criteria for a Preliminary Project Specific WQMP.
The report will need to be revised to meet the requirements of a
Final Project Specific WQMP. Also, it should be noted that if 401
certification is necessary for the project, the Water Quality Control
Board may require additional water quality measures.
121. 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.
122. Where side slopes leading down to water quality swales are steeper than 4:1,
guardrails shall be provided at the top of the slope.
Prior to Issuance of Building Permit
123. 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.
124. A copy of the project specific WQMP shall be submitted to the District for review
and approval.
125. 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 of this case, an
acceptable financial mechanism shall 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
City. 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.
126. 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.
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City of Menifee
Resolution 09-117
Kensington Apartments PP 19469
Prior to Final Inspection
127. 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.flood control.co,riverside.ca.us, e-mail fcnpdes@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.
128. 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.
129. 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.
Fire Department
General Conditions
130. Blue retro-reflective pavement markers shall be mounted on private street, public
streets and driveways to indicate location of fire hydrants. Prior to installation,
placement of markers must be approved by the Riverside County Fire
Department.
131. Minimum required fire flow shall be 2000 GPM for a 2 hour duration at 20 PSI
residual operating pressure, which must be available before any combustible
material is placed on the job site. Fire flow is based on type V-A construction per
the 2007 CBC and Building(s) having a fire sprinkler system.
132. A combination of on-site and off-site super fire hydrant(s) (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.
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City of Menifee
Resolution 09-117
Kensington Apartments PP 19469
133. Any gate providing access from a road to a driveway shall be located at least 35
feet from the roadway and shall open to allow a vehicle to stop without obstructing
traffic on the road. Where a one-way road with a single traffic lane provides
access to a gate entrance, a 38 foot turning radius shall be used.
134. Gate(s) shall be automatic operated, minimum 20 feet in width, with a setback of
35 feet from face of curb/flow line. Gate access shall be equipped with a rapid
entry system. Plans shall be submitted to the Fire Department for approval prior to
installation. Automatic/manual gate pins shall be rated with shear pin force, not to
exceed 30 foot pounds. Automatic gates shall be equipped with emergency
backup power. Gates activated by the rapid entry system shall remain open until
closed by the rapid entry system
Prior to Issuance of Building Permit
135. Building Plan check deposit based 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.
136. 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.
(a) Plans shall be signed and approved by a registered civil engineer and
the local water company with the following certification: "I certify that
the design of the water system is in accordance with the requirements
prescribed by the Riverside County Fire Department."
Prior to Final Inspection
137. 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.
138. Display Boards will be as follows: Each complex shall have an illuminated
diagrammatic representation of the actual layout which shows name of complex,
all streets, building designators, unit members, and fire hydrant locations within
dimension and located next to roadway access. The minimum size shall be no
less than 4 feet x 4 feet.
139. 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.
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City of Menifee
Resolution 09-117
Kensington Apartments PP 19469
(a) Applicant or developer shall be responsible to install a U.L. Central
Station Monitored Fire Alarm System. Monitoring system shall monitor
the fire sprinkler system(s) water flow, P.I.V.'s and all control valves.
Plans must be submitted to the Fire Department for approval prior to
installation. Contact fire department for guideline handout
140. 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.
141. Install portable fire extinguishers with a minimum rating of 2A-1013C 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.
142. (REC CENTER) 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.
(a) 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)
Health Department
General Conditions
143. Plot Plan#19469 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.
(a) 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
144. A set of three complete plans for the swimming pool / spas must be submitted to
District Environmental Services (DES) to verify compliance with the California
Administrative Code, the California Health and Safety Code and the Uniform
Plumbing Code. Please contact DES at (951) 358-5172 for further information.
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City of Menifee
Resolution 09-117
Kensington Apartments PP 19469
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)
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