09-67 Resolution No. 09-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING
PLOT PLAN #21452 AND PLOT PLAN #22280 FOR THE SITING AND DESIGN OF
THE COMMERCE POINTE I AND II PROJECT
Whereas, in February 2006 and November 2006 the applicant, PacTen Partners,
Inc., filed formal applications with the County of Riverside (the local government
authority for the project area at that time) for Plot Plan #21452 and Plot Plan #22280 and
Change of Zone#7476 (the "Project") to develop two light industrial parks and to amend
the Zoning Map designation of: (1)Assessor Parcel #384-150-003 (±11.96 gross acres
of Commerce Pointe 1) from Light Agriculture (A-1-10) to Industrial Park (I-P); and (2)
Assessor Parcel #384-150-007 (±14.31 gross acres of Commerce Pointe 1) from Light
Agriculture (A-1-10) and Manufacturing-Service Commercial (M-SC) to Industrial Park (I-
P); and
Whereas, on December 11, 2006, the County of Riverside publicly noticed its
decision to prepare an environmental impact report (EIR) for the Project by noticing the
State Clearinghouse, related agencies, and other government agencies; and
Whereas, on January 22, 2007, the County of Riverside Planning Director held a
duly noticed public scoping meeting regarding the preparation of the EIR to discuss and
hear from the public on the potential environmental impacts, which meeting was publicly
noticed by a publication in the newspaper of general circulation, an agenda posting,
notice to property owners within a 600-foot radius from the Project site boundaries, at
least 10 days prior to the public meeting; and
Whereas, on October 1, 2008, the City of Menifee incorporated and then
became the local government authority for the project area; and
Whereas, between December 15, 2008 and January 28, 2009, the State-
mandated 45-day public review period for the Draft EIR took effect, which was publicly
noticed by a publication in the newspaper of general circulation, notice to owners within
600 feet of the Project site boundaries, related agencies and government agencies,
copies of the Draft EIR sent to the State Clearinghouse, a copy placed at the City Hall
public counter and a copy placed at the Paloma Valley library; and
Whereas, on January 6, 2009, the Draft EIR was distributed to the City Council
for review; and
Whereas, on February 17, 2009, the City Council of the City of Menifee held a
duly noticed public workshop regarding the proposed project, which was publicly noticed
with an agenda posting; and
Whereas, on March 25, 2009, the Final EIR was completed and distributed to the
City Council for review and distributed to those agencies and persons that submitted
written comments on the Draft EIR, and copies of the Final EIR were placed at the City
Hall public counter and at the Paloma Valley library; and
Whereas, on April 7, 2009, the City Council held a duly noticed public hearing on
the EIR and the Project, considered public testimony and materials in the staff report and
accompanying documents for the Statement of Overriding Consideration of
Environmental Impact and the Environmental Impact Report (EIR) (State Clearinghouse
#2006121062), Change of Zone#7476, and Plot Plan #s 21452 and 22280, which
hearing was publicly noticed by a publication in the newspaper of general circulation, an
agenda posting, notice to property owners within 600 feet of the Project boundaries; and
Whereas, on April 7, 2009 the City Council adopted Resolution No. 09-66 that
certified the EIR and adopted a Statement of Overriding Considerations of
Environmental Impact for the Project and the City Council introduced Ordinance No.
2009-31 for Change of Zone #7476 to amend the Zoning Map designations of: (1)
Assessor Parcel #384-150-003 (±11.96 gross acres of Commerce Pointe 1) from Light
Agriculture (A-1-10) to Industrial Park (I-P); and (2) Assessor Parcel #384-150-007
(±14.31 gross acres of Commerce Pointe 1) from Light Agriculture (A-1-10) and
Manufacturing-Service Commercial (M-SC) to Industrial Park (I-P); and
Whereas, the siting and structures conform to all requirements of the Menifee
General Plan (the Riverside County General Plan, as adopted by the Menifee City
Council) and to all applicable requirements of state law and the ordinances of Menifee
(the Riverside County ordinances, as adopted by the Menifee City Council), in that the
siting and structures are allowed in the General Plan Land Use category of Light
Industrial, as well as being allowed in the Industrial Park (IP) zoning district; and
Whereas, the siting and structures are within the allowed setbacks, floor area,
and height limits; and
Whereas, the siting and structures are designed for the protection of the public
health, safety and general welfare and conform to the logical development of the land
and to be compatible with the present and future logical development of the surrounding
property, in that the structures conform to the zoning standards for the area and for the
type of structures; and
Whereas, the allowance of the two industrial parks do require the location and
need for dedication and improvement of necessary streets and sidewalks, including the
avoidance of traffic congestion, in that the project has been conditioned to provide as
such; and
Whereas, the allowance of the siting and structures did take into account
topographical and drainage conditions, including the need for dedication and
improvements of necessary structures as a part thereof, in that the Riverside County
Flood Control and Water Conservation District has reviewed the request and has
provided special conditions of approval related to drainage.
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 #21452 and Plot Plan #22280 are approved, subject to the Conditions
of Approval as set forth in Attachment 9 of the City Council staff report of April 7,
2009 and attached and incorporated here as Exhibit A.
PASSED, APPROVED AND ADOPTED this 7th day of April, 2009, by the
following vote:
AYES: I i
NOES:V L&VVL)
ABSENT:VYL&U-)
ABSTAIN:
Wallace W. Edgerton, Mayo
Attest:
4� &muzlf-
Kathy Bennett, City Clerk
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
EXHIBIT "A"
CONDITIONS OF APPROVAL - STANDARD
General
1. Zoning Compliance. The project shall conform to the Industrial Park(IP)zoning
regulations, and as subsequently amended.
(Standard County condition, 10.Planning)
2. Approved Plans. The project shall be developed in substantial conformance with
the plans, colors, and materials approved by the City Council on April 7, 2009, and
as amended by these conditions. Any deviation shall require the appropriate
Planning Department review and approval in advance of implementation.
(Standard County condition, 10.Planning)
3. Signs Not Approved. Signage is not a part of this approval. A comprehensive sign
program shall be submitted for Planning Department review and approval prior to
the installation of any business signs at the project site.
(Menifee standard condition)
4. Phasing. Any Phasing Plan shall be reviewed and approved by the Planning
Department in advance of such phasing.
(Menifee standard condition)
5. Building Official. The proposed project shall adhere to all requirements of the
Building Official. Construction drawings shall be in compliance with the 2007
California Building Code, or as subsequently updated by the State Building
Standards Commission. Water, gas, sewer, electrical transformers, power vaults
and separate fire/water supply lines (if applicable) must be shown on the final set
of construction plans pursuant to the requirements of the Building Official.
(Standard County condition, 10.Planning)
6. Fire Marshal. The proposed project shall adhere to all requirements of the Fire
Marshall. Fire hydrants shall be located on the project site pursuant to the
Building Official. The applicant shall submit a fire access and fire underground
plan prior to construction drawings, if required.
(Standard County condition, 10.Planning)
7. Truck and Construction Related Activities. Truck and construction-related
activities shall be restricted to between the hours of 7:00 a.m. and 7:00 p.m.
Monday-Saturday (excluding federal and state holidays). Exceptions to these
standards shall be allowed only with written consent of the Building Official per
City Ordinance.
(Standard County condition, 10.Planning)
8. ADA Compliance. The project shall conform to all disabled access
requirements in accordance with the State of California, Title 24, and Federal
Americans with Disabilities Act(ADA), as applicable.
(Menifee standard condition)
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
9. 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 Impact Report(State Clearinghouse#2006121062),
the Statement of Overriding Considerations of Environmental Impact, Change of
Zone#7476, and Plot Plan#s 21452 and 22280.
(Standard County condition, 10.Planning)
10. Payment of Existing Fees. The applicant shall pay all fees required by federal,
state and City laws. The timing of City-required fee payment shall be determined
by the City Manager. The required fees shall include, but are not be limited to,
the following:
(a) Related statutory school district fees in effect at the time of payment;
(b) Subsequent Reviews fees on an hourly basis (Ordinance No. 671);
(c) Open Space Mitigation fees (Ordinance No. 810);
(d) Multi-Species Habitat Conservation Plan fee (Ordinance No. 810);
(e) Stephen's Kangaroo Rat Habitat Conservation mitigation fee (Ordinance
No. 663);
(f) All Development Impact Fees (DIF) in effect at the time of payment
(Ordinance No. 659), which include Traffic Signal Mitigation fees;
(g) Riverside County Transportation Uniform Mitigation West fees (TUMF) in
effect at the time of payment(Ordinance No. 824);
(h) Zone "B" of the Scott Road and Bridge Benefit District; and
(i) Any outstanding development processing fees in effect at the time of
payment.
11. Payment of Future Fees. The City of Menifee is a new City incorporated on
October 1, 2008; the City is studying and adopting its own 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
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
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 on public improvements. The developer
acknowledges it is on notice of the development and future imposition of such
fees and understands that such fees will apply at the levels in effect at the time
the service is provided or prior to the issuance of building permit fees, except as
otherwise provided. To the extent that Menifee may develop future financing
districts to cover the costs of maintenance of improvements constructed by
development, the 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.
Prior to Issuance of Permits for Demolition
12. Pre-Construction Survey for Burrowing Owls. In order to comply with the
Multi-Species Habitat Conservation Plan (MSHCP) and avoid adverse impacts to
burrowing owls, a pre-construction survey for burrowing owls shall be performed
on the project site within 30 days prior to ground disturbance. The survey shall
be performed according to current MSHCP burrowing owl survey protocols by a
qualified biologist. The results of the survey shall be reported to the City and the
California Department of Fish and Game(CDFG)prior to ground disturbance. If
burrowing owls are found on-site during the pre-construction surveys, a
Relocation Plan shall be prepared by a qualified biologist and submitted to the
City for review and approval. Relocation plans shall be to the satisfaction of the
City and CDFG. All relocation and mitigation must follow CDFG approved
protocols.
(Mitigation Measure MM IV.E-1, Final Environmental Impact Report)
(Standard County condition, 60.Planning)
13. Construction Avoidance During Nesting Season. In order to avoid adverse
impacts to nesting birds, including migratory birds, during construction activities,
all tree and vegetation removal activities must take place outside of the nesting
season (15 February— 15 August). If tree and vegetation removal activities
occur during the nesting season, a qualified biologist must conduct a nesting bird
survey. The results of the survey must be submitted to the City for review. If
nesting activity is observed, the U.S. Fish and Wildlife Service (USFWS) must be
contacted and consulted to establish proper buffers prior to any site disturbance.
Documentation indicating that the buffer has been established must be submitted
to the City for approval prior to site disturbance. In addition to the placement of
buffers, a qualified biologist must be present during removal activities.
(Mitigation Measure MM IV.E-3, Final Environmental Impact Report)
14. Paleontologist Retained. Prior to issuance of any grading permits, a qualified
paleontologist shall be retained by the developer for consultation and comment
on the proposed grading with respect to potential paleontological impacts.
Should the paleontologist find the potential is high for impact to significant
resources, a pre-grade meeting between the paleontologist, the excavation and
grading contractor, the developer, and the Planning Department shall be
arranged. When necessary, the paleontologist or their representative shall have
the authority to temporarily divert, redirect, or halt grading activity to allow
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
recovery of fossils. The developer shall submit the name, telephone number and
address of the retained paleontologist to the Planning Department and the
Department of Building and Safety. The paleontologist shall submit in writing to
the Planning Department the results of the initial consultation and the details of
the fossil recovery plan if recovery was deemed necessary. The written results
shall be submitted prior to issuance of any grading permit.
(Mitigation Measure MM IV.F-7, Final Environmental Impact Report)
(Standard County condition, 60. PLANNING)
15. Archaeologist Retained. Prior to the issuance of any grading permits, a
qualified archaeologist(pursuant to the Secretary of the Interior's standards and
guidelines) shall be retained by the developer for consultation and comment on
the proposed grading with respect to potential impacts to archaeological and
cultural resources. During grading operations, when deemed necessary in the
professional opinion of the retained archaeologist or the Native American tribes
(and as determined by the Planning Director), the archaeologist, the
archaeologist's on-site representative(s)and the Native American monitor(s)
shall actively monitor all project related grading and construction and shall have
the authority to temporarily divert, redirect, or halt grading activity to allow
recovery of significant archeological or cultural resources. Prior to the issuance
of grading permits, the name, address and telephone number of the retained
archaeologist and the Native American representative shall be submitted to the
Planning Department and the Department of Building and Safety. If the retained
archaeologist, after consultation with the appropriate Native American tribe(s),
finds no potential for impacts to archeological or cultural resources, a letter shall
be submitted to the Planning Department certifying this finding by the retained
qualified archaeologist.
(Standard County Condition, 60.Planning)
(Mitigation Measure MM IVY-3, Final Environmental Impact Report)
16. Native American Monitor Retained. Tribal monitor(s)from the appropriate
Native American tribe(s)shall be required on-site during all ground disturbing
activities. The developer shall retain a qualified tribal monitor from the
appropriate Native American tribe. Prior to issuance of a grading permit, the
developer shall submit a copy of a signed contract ("treatment agreement")
between the appropriate Native American tribe and the developer for the
monitoring of the project to the Planning Department and to the Department of .
Building and Safety. The treatment agreement shall address 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
archeological artifacts that are of Native American origin, found in the project
area to the appropriate Native American tribe for proper treatment and
disposition. The Native American monitor(s) shall have the authority to monitor all
ground disturbance activities and shall have the authority to temporarily divert,
redirect or halt grading activities to allow recovery of Native American resources.
(Mitigation Measures MM IVY-4 and MM IVY-5, Final Environmental Impact
Report)
(Standard County Condition, 60.Planning)
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
Prior to Issuance of Permits for Grading
17. Notice of Project Restrictions. The property owner shall record a "Notice of
Project Restrictions"for each parcel in the official records of the County of
Riverside and provide proof of such recordation to the City prior to issuance of
any grading permit. The Notice of Project Restrictions shall provide a description
of the subject property, shall identify the Planning Application name and number
and any accompanying subdivision or parcel map, including book and page and
recorded document number, if any, and be signed and notarized by each
property owner of record and shall state the following:
"This Notice of Project Restrictions is for the purpose of
informing interested persons of the fact that development
approvals have been given by the City of Menifee regarding the
herein described property and that such approvals are conditioned
upon compliance with certain restrictions that run with the land
and are binding upon subsequent owners of the property. For
more information about the restrictions applicable to this property,
contact the Planning Department of the City of Menifee regarding
Environmental Impact Report(State Clearinghouse #2006121062,
Change of Zone #7476, and Plot Plan#s 21452 and 22280, and
any subsequent maps, commonly referred to as Commerce Pointe
I and ll."
For purposes of determining the record owner of the property, the applicant shall
provide the City with evidence in the form of a report from a title insurance
company indicating that the record owner(s) are the person(s)who have signed
the Notice of Project Restrictions.
(Menifee standard condition)
18. Grading Permits Required. Ordinance 457 requires a grading permit prior to
clearing, grubbing, or any top soil disturbances related to construction grading.
Improvements such as grading, filling, over excavation and recompaction, and
base or paving, which require a grading permit, are subject to Building and
Safety Department approval. All grading shall conform to the California Building
Code, Ordinance 457, and all other relevant laws, rules, and regulations
governing grading in the City and prior to commencing any grading which
includes 50 or more cubic yards. Grading in excess of 199 cubic yards will
require performance security to be posted with the Building and Safety
Department. Prior to the issuance of a grading permit, it shall be the sole
responsibility of the applicant to obtain any and all proposed or required
easements and/or permissions necessary to perform the grading herein
proposed. A notarized letter of permission, from the affected property owners or
easement holders, is required for any proposed off site grading.
(Standard County conditions, 10.BS.GRADE and 60.BS.GRADE)
19. Erosion and Dust Control. All necessary measures to control dust shall be
implemented by the developer during grading. A PM10 plan may be required at
the time a grading permit is issued. For erosion control, landscape plans
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
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. Graded slopes shall be limited to a maximum steepness ratio of
2:1 (horizontal to vertical) unless otherwise approved. A slope stability report
shall be submitted and approved by the City for all proposed cut or fill slopes
steeper than 2:1 (horizontal to vertical)or over 30' in vertical height, unless
addressed in a previous report.
(Standard County conditions, 10.13S.GRADE and 60.BS.GRADE)
20. Grading and Drainage. Minimum drainage grade shall be 1.00% except on
portland cement concrete where 0.35% shall be the minimum. The applicant
shall provide drainage facilities and terracing in conformance with the Uniform
Building Code's chapter on "EXCAVATION & GRADING". The plans shall
observe slope setbacks from buildings and property lines per the Uniform
Building Code, as amended by Ordinance 457. All offstreet parking areas which
are conditioned to be paved shall conform to Ordinance 457 base and paving
design and inspection requirements.
(Standard County condition, 10.BS.GRADE)
21. 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 Official. The retaining walls
shall be designed by a registered civil engineer, unless they conform to the City
Standard Retaining Wall designs shown on Building and Safety Department
Form 284-197. Cribwall (retaining)walls shall be designed by a qualified
professional who shall provide the following plans for review and approval (in
addition to standard retaining wall data normally required):
(a) Soil preparation and compaction requirements to be accomplished prior
to footing-first course installation;
(b) Method/requirement of footing-first course installation; and
(c) Properties of materials to be used (i.e. Fc=2500 p.s.i.).
In addition, special inspection by the manufacturer/dealer and a registered
special inspector will be required. The applicant shall plant and 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 Official.
(Standard County condition, 10.BS.GRADE)
22. Drainage Easements. A recorded easement is required for lot-to-lot drainage.
(Standard County condition, 10.13S.GRADE)
23. Geotechnical Report. Geotechnical soils reports, required in order to obtain a
grading permit, shall be submitted to the Building and Safety Department for
review and approval prior to issuance of a grading permit. All grading shall be in
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
conformance with the recommendations of the geotechnical/soils reports as
approved by the City.
(Standard County condition, 60.BS.GRADE)
24. Driveway Design. Driveways shall be designed in accordance with County Fire
Department standards and require Fire Department approval prior to issuance of
the grading permit. Approval shall be in the form of a conditional approval letter
addressed to the related case file or by written approval from the Fire
Department.
(Standard County condition, 60.BS.GRADE)
25. National Pollutant Discharge Elimination System. 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) requirements 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)to 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. The project shall comply with the latest regulations
specific to the NPDES at the time of permit issuance.
(Standard County condition, 10.BS.GRADE)
26. Grading Plans. All Conditions of Approval shall be copied onto the submitted
and approved grading plans (immediately following the cover sheet)and
annotated to indicate the appropriate sheet number to verify satisfaction of
individual conditions.
(Menifee standard condition)
27. Construction Equipment. The applicant shall provide a written statement, in
the construction drawings, that construction equipment is and will be properly
maintained, including proper tuning and timing of the engines. The construction
contractor(s) shall maintain construction and grading equipment and vehicle
engines in good condition and in proper tune with manufacturers' specifications.
(Menifee standard condition)
28. Environmental Permits. In order to prevent unauthorized impacts to
jurisdictional features or riparian/riverine areas, the following permits shall be
issued and/or reports approved (or exemptions issued) by the respective
resource agency, and any associated conditions of approval shall be agreed
upon, prior to the initiation of any ground disturbing activities associated with the
proposed development:
(a) Clean Water.Act Section 404 Permit from the Army Corps of Engineers;
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
(b) Streambed Alteration Agreement of the Fish and Game Code from the
CDFG;
(c) Clean Water Act Section 401 Water Quality Certification from the
Regional Water Quality Control Board (RWQB); and
(d) City approval of Determination of Biologically Superior Preservation
(DBESP)for riparian/riverine areas.
(Mitigation Measure MM IV.E-2, Final Environmental Impact Report)
29. Urban Runoff Minimization. The proposed project shall minimize the amount of
urban runoff, to the extent possible, by the following means:
(a) Maximize the permeable surfaces on-site;
(b) Incorporate landscaped buffer areas between sidewalks and streets;
(c) Use natural drainage systems;
(d) Where soil conditions are suitable, use perforated pipe or gravel filtration
pits for low flow infiltration; and
(e) Construct on-site ponding areas or retention facilities to increase
opportunities for infiltration consistent with vector control objectives.
(Mitigation Measure MM IV.G-2, Final Environmental Impact Report)
30. Best Management Practices. The proposed project shall incorporate the
following treatment control Best Management Practices (BMPs):
(a) Porous landscape detention; and
(b) Filterra Stormwater Bioretention Filtration System;
(Mitigation Measure MM IV.G-7, Final Environmental Impact Report)
31. Temporary 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 Flood Control District for review.
(Standard County conditions, 60.FLOOD.RI)
32. Construction Noise Mitigation. All construction vehicles, equipment fixed or
mobile shall be equipped with properly operating and maintained mufflers.
(Mitigation Measure MM IV.I-3, Final Environmental Impact Report)
33. Billboard Removal. Any existing billboards shall be removed, prior to the
issuance of grading permits.
(Menifee standard condition)
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
34. Import/Export Grading. 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
and approval of the haul routes from the City Manager.
(Standard County Condition, 60.BS.Grade)
35. Dedicated Drainage Easements. 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 City prior
to issuance of grading permits. If the developer cannot obtain such rights, the
project shall be redesigned to eliminate the need for the easements.
(Standard County Condition, 60.Flood.Rl)
36. Eastern Municipal Water District. Eastern Municipal Water District (EMWD)
water and sewer service is proposed for this project. It is the responsibility of the
developer to ensure that all requirements to obtain water and sewer service for
this project are met with EMWD, as well as all other applicable agencies. Any
existing septic system(s)and/or well(s) must be properly abandoned under
permit with the City.
(Standard County condition, O.EHEALTH)
Prior to Issuance of Permits for Building Construction
37. Utilities Underground - Design. The off-site improvements plans shall show all
utilities to be underground, along the east side of Zeiders Road from the project
frontage and to Scott Road . Any existing above-ground utilities to remain in use
shall be placed underground. Any existing utilities not to be used shall be
abandoned and shall be removed, if determined by the City Manager or his
designee. 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. 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. Written proof for
initiating the design and/or application of the relocation issued by the utility
company shall be submitted to the Public Works Department for verification
purposes.
(Standard County condition, 90.TRANS)
38. Application for Annexation to Landscape and Lighting Maintenance
District. Prior to the issuance of building permits, the applicant shall comply with
City requirements within public road rights-of-way, in accordance with Ordinance
461, for assurance of maintenance by filing an application for annexation to
Landscaping and Lighting Maintenance District No. 89-1-Consolidated and/or
any other maintenance district approved by the City. Said annexation should
include the following:
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
(a) Landscaping along Zeiders Road, Ciccotti Street, and Bailey Park
Boulevard;
(b) Street lights;
(c) Traffic signals; and
(d) Street sweeping.
For street lighting, the project proponent shall contact the City and submit the
following:
(e) Completed Public Works Department application;
(f) Appropriate fees for annexation;
(g) Two sets of street lighting plans approved by the City; and
(h) "Streetlight Authorization"form from Southern California Edison, IID, or
other electric provider.
(Standard County condition, 80.TRANS)
39. Street Lighting Plan. A separate street light plan and/or a separate bridge light
plan is required for this project. Street and/or bridge lighting shall be designed in
accordance with Ordinance 460 and the Streetlight Specification Chart found in
Specification Section 22 of Ordinance 461. For projects within SCE boundaries,
use Ordinance 461, Standard No. 1000 or No. 1001. For projects within Imperial
Irrigation District(IID), use IID's pole standard.
(Standard County condition, 80.TRANS)
40. Public Improvement Plans. The off site public improvements plans shall
indicate the following:
(a) Streets:
(i) Zeiders Road — Interim, half width.
(ii) Bailey Park Boulevard — Interim, half width.
(iii) Ciccotti Street— Permanent, full width.
(b) Sidewalks, curbs and gutters along all sides of project frontages—
Permanent;
(c) All corner cutbacks shall be applied per Standard 805, Ordinance 461;
(Standard County condition, 80.TRANS)
(d) Landscaping within public road right-of-way shall comply with Ordinance
461 and shall require approval by the City. Landscaping plans shall be
designed within Zeiders Road and Ciccotti Street and submitted to the
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
City. Landscaping plans shall be submitted on standard City Plan sheet
format(24"X 36");
(Standard County condition, 80.TRANS)
(e) The project proponent shall comply in accordance with traffic signal
requirements within public road rights-of-way, as directed by the City
Manager. 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);
(Standard County condition, 803RANS)
(f) The street design and improvement concept of this project shall be
coordinated between, and for each, PP 21452 and PP 22280; and
(Standard County condition, 90.TRANS)
(g) 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.
(Standard County condition, 90.TRANS)
41. Building Plans. All Conditions of Approval shall be copied onto the approved
building plans (immediately following the cover sheet) and annotated to indicate
the appropriate sheet number to verify satisfaction of individual conditions.
(Menifee standard condition)
42. Exterior Lighting Plan. Prior to issuance of building permits, an exterior lighting
plan shall be submitted for review and approval by the Planning Department. The
lighting plan shall include, but may not be limited to:
(a) Compliance with Ordinance 655;
(b) Photometrics, fixture details, and light standard (pole) elevations;
(c) A minimum of one (1)foot-candle of light shall be provided in parking and
pedestrian areas;
(d) Walkways at the rears of the buildings shall be well lit by vandal-resistant
lamps and security lighting that is visible from the highway shall be
motion-sensor activated;
(e) All potential light sources with the types of lighting and their locations;
(f) Typical lighting shall include low mounted, downward casting and
shielded lights that do not cause spillover onto adjacent properties and
the utilization of motion detection systems where applicable;
(g) No flood lights shall be utilized;
(h) Lighting shall not"wash out" structures or any portions of the site;
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
(i) Lighting shall be limited to the areas that would be in operation during
nighttime hours, unless otherwise required;
(j) Low intensity, indirect light sources shall be encouraged;
(k) On-demand lighting systems shall be encouraged;
(1) Mercury, sodium vapor, and similar intense and bright lights shall not be
permitted except where their need is specifically approved and their
source of light is restricted;
(m) All buildings and structures shall consist of non-reflecting material or be
painted with non-reflective paint;
(n) Generally, light fixtures shall not be located at the periphery of the
property and should shut off automatically when the use is not operating;
and
(o) All lighting shall be installed in accordance with building codes and the
approved lighting plan during construction.
(Mitigation Measure MM IV.13-2, Final Environmental Impact Report)
(Standard County condition, 10.Planning)
43. Storm Drain Sizing. The proposed project shall comply with all storm drain
sizing requirements set forth in the hydrology technical reports.
(Mitigation Measure MM IV.G-1, Final Environmental Impact Report)
44. Minimization of Impervious Footprint. The proposed project shall minimize
the impervious footprint by the following means:
(a) Construct streets, sidewalks and parking lot aisles to the minimum widths
necessary, provided that public safety and a walkable environment for
pedestrians are not compromised; and
(b) Minimize the use of impervious surfaces, such as decorative concrete, in
the landscape design.
(Mitigation Measure MM IV.G-3, Final Environmental Impact Report)
45. Minimization of Connected Impervious Areas. The proposed project shall
minimize directly connected impervious areas by the following means:
(a) The site must be designed to contain and infiltrate roof runoff, or direct
roof runoff to vegetative swales or buffer areas, where feasible;
(b) Where landscaping is proposed, drain impervious sidewalks, walkways,
trails and patios into adjacent landscaping;
(c) Increase the use of vegetated drainage swales in lieu of underground
piping or imperviously lined swales;
Resolution No. 09-67
Plot plan#21452 &Plot Plan 422280
(d) Rural swale system: street sheet flows to vegetated swale or gravel
shoulder, curbs at street corners, culverts under driveways and street
crossings;
(e) Urban curb/swale system: street slopes to curb, periodic swale inlets
drain to vegetated swale/biofilter;
(f) Where landscaping is proposed in parking areas, incorporate landscape
areas into the drainage design; and
(g) Overflow parking (parking stalls provided in excess of the minimum
parking requirements)may be constructed with permeable paving.
(Mitigation Measure MM IV.G-5, Final Environmental Impact Report)
46. Fire Suppression Water System Plans. The applicant or developer shall
separately submit two copies of the water system plans to the County 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 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."
(Standard County condition, 80.FIRE)
47. Fire Suppression Water Flow. Minimum required fire flow shall be 2,875
gallons per minute (GPM)for a 2 hour duration at 20 pounds per square inch
(PSI) residual operating pressure, which must be available before any
combustible material is placed on the job site. Fire flow is based on type VB
construction per the 2007 California Building Code (CBC) and building(s)having
a fire sprinkler system.
(Standard County condition, 10.FIRE)
48. Fire Hydrants. 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.
(Standard County condition, 10.FIRE)
49. Tank Permits. The applicant shall be responsible for obtaining
under/aboveground fuel, chemical and mixed liquid storage tank permits, from
the Riverside County Fire Department and County Environmental Health
Department. 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.
(Standard County condition, 10.FIRE)
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
50. Data and Key Storage. 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.
(Standard County condition, 10.FIRE)
51. Entry Gates. 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. 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.
(Standard County condition, 10.FIRE)
At All Times During Demolition, Grading & Construction
52. Human Remains Encountered. 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 shall determine and notify the appropriate Native American
tribe who is the most likely descendent (MLD). The descendent shall inspect the
site of the discovery and make recommendations and enter into consultation
concerning the appropriate mitigation. After the recommendations have been
made, the land divider, the MLD, and a City representative shall meet to
determine the appropriate mitigation measures and corrective actions to be
implemented.
(Mitigation Measure MM IV.F-1, Final Environmental Impact Report)
(Standard County condition, 30.Planning)
53. Inadvertent Archaeological Find. If during ground disturbance activities,
significant archeological or cultural resources are discovered that were not
anticipated by the archaeological report(s)and/or environmental assessment
conducted prior to project approval, the following procedures shall be followed:
(a) All ground disturbance activities within the immediate vicinity of the
discovered archeological or cultural resources shall be halted until a
meeting is convened between the developer, the archaeologist, the
appropriate Native American tribe and the Planning Director to discuss
appropriate actions;
(b) At the meeting, the significance of the discoveries shall be discussed and,
after consultation with the appropriate Native American tribe and the
archaeologist, a decision shall be made (with the concurrence of the
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
Planning Director)as to the appropriate mitigation (documentation,
recovery, avoidance, etc.)for the archeological or cultural resources; and
(c) Grading shall not resume within the immediate vicinity of the discovery
until an agreement has been reached by the appropriate Native American
tribe, the archaeologist, and the Planning Director as to the appropriate
mitigation. The grading plans shall conform to the mitigations
requirements placed on the map.
(Mitigation Measure MM IVY-2, Final Environmental Impact Report)
(Standard County condition, 10.Planning)
54. Exported Soil. If soil is to be exported to or from the site during grading and
other construction activities, the transported soil shall be sampled for
contaminates by a qualified soils engineer to ensure that any contaminates are
below regulatory limits. If contaminates are present, the soil shall be handled
and transported in accordance with prevailing environmental laws and
regulations, including Land Disposal Restrictions.
(Menifee standard condition)
55. Construction Staging Areas. During construction, best efforts shall be made to
locate construction staging areas along with the operation of earthmoving
equipment as far away from vibration-sensitive uses as possible.
(Mitigation Measure MM IV.I4, Final Environmental Impact Report)
56. Emission Mitigation. The project developer shall implement the following
measures to reduce the emissions of pollutants generated by heavy-duty diesel-
powered equipment operating at the project site throughout the project
construction phases. The project developer shall include in construction contracts
the control measures as may required under Rule 402, at the time of
development, including the following:
(a) Keep all construction equipment in proper tune in accordance with
manufacturer's specifications;
(b) Use late model heavy-duty diesel-powered equipment at the project site
to the extent that it is readily available in the South Coast Air Basin
(meaning that it does not have to be imported from another air basin and
that the procurement of the equipment would not cause a delay in
construction activities of more than two weeks);
(c) Use low-emission diesel fuel for all heavy-duty diesel-powered equipment
operating and refueling at the project site to the extent that it is readily
available and cost effective in the South Coast Air Basin (meaning that it
does not have to be imported from another air basin, that the
procurement of the equipment would not cause a delay in construction
activities of more than two weeks, that the cost of the equipment use is
not more than 20 percent greater than the cost of standard equipment).
This measure does not apply to diesel-powered trucks traveling to and
from the site;
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
(d) Utilize alternative fuel construction equipment (i.e., compressed natural
gas, liquid petroleum gas, and unleaded gasoline)to the extent that the
equipment is readily available and cost effective in the South Coast Air
Basin (meaning that it does not have to be imported from another air
basin, that the procurement of the equipment would not cause a delay in
construction activities of more than two weeks, and that the cost of the
equipment use is not more than 20 percent greater than the cost of
standard equipment);
(e) Limit truck and equipment idling time to five minutes or less;
(f) Rely on the electricity infrastructure surrounding the construction sites
rather than electrical generators powered by internal combustion engines
to the extent feasible; and
(g) General contractors shall maintain and operate construction equipment
so as to minimize exhaust emissions.
(Mitigation Measure MM IV.D-1, Final Environmental Impact Report)
57. Fugitive Dust Control. The project developer shall implement fugitive dust
control measures in accordance with 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 sweepers)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
percent;
(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;
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
(g) Cover stockpiles with tarps or apply non-toxic chemical soil binders;
(h) All haul trucks hauling soil, sand, and other loose materials must either be
covered or maintain two feet of freeboard;
(i) All inactive disturbed surface areas must be watered on a daily basis
when there is evidence of wind drive fugitive dust;
Q) Install wind breaks at the windward sides of construction areas;
(k) Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
(1) Suspend excavation and grading activity when winds (instantaneous
gusts)exceed 15 miles per hour over a 30-minute period 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.
(Mitigation Measure MM IV.13-2, Final Environmental Impact Report)
58. Dust Levels. Propagation and recruitment of native plants and temporary
watering will keep dust levels at manageable levels. Ground cover will become
established within the five-year monitoring period. The urban/wildlands interface
area will be landscaped and irrigated to avoid any generation of dust.
(Mitigation Measure MM IV.G-16, Final Environmental Impact Report)
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
59. Diesel Fuel. During the site grading phase and during the application of asphalt
surfaces, all on and off-road diesel engines shall use aqueous diesel fuel.
(Mitigation Measure MM IV.D-3 and D-4, Final Environmental Impact Report)
60. Architectural Coatings. During the construction phase, all architectural
coatings used shall have a VOC rating of 75 grams per gallon or less.
(Mitigation Measure MM IV.D-5, Final Environmental Impact Report)
61. Invasive Vegetative Species. Per the MSHCP Section 6.1.4 Guidelines
Pertaining to UrbanMildlands Interface, any invasive vegetative species within
the Plate 4(Conceptual Landscape Plan listed in Table 6-2, Plants that Should
be Avoided Adjacent to the MSHCP Conservation Area)of the MSHCP will either
not be utilized at all on the project site or will be located well away from the
avoidance/conservation area. The avoidance/conservation area will be
monitored until it reaches maturity for a period of five years and any invasive
vegetation will be periodically removed.
(Mitigation Measure MM IV.G-15, Final Environmental Impact Report)
Prior to Final Sign-Off of Building Permits
62. Final Planning Inspection. The applicant shall obtain final building permit sign-
off from the Planning Department 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
and that the development complies with the approved set of building permit
plans. The applicant shall have all required paving, parking, walls, site lighting,
landscaping and automatic irrigation installed and in good condition.
(Menifee standard condition)
63. Final Fire Department Inspection. Shell buildings will receive a shell final
building permit sign-off only. No approval for human occupant and/or materials
will be issued until the building occupant has been identified with their occupancy
classification and have been conditioned by Riverside County Fire Department.
Occupant or tenant identification is imperative for orderly and prompt processing.
Upon identification of the occupant or tenant a Fire Protection Analysis report
may be required prior to establishing the requirements for any occupancy permit.
Failure to provide a comprehensive data analysis and/or technical information
acceptable to the fire department may result in project delays.
(Standard County condition, 10.FIRE)
64. Fire Hydrant Locations. 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
County Fire Department.
(Standard County condition, 10.FIRE)
65. 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.
(Standard County condition, 90.FIRE)
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
66. Fire Sprinkler System. Install a complete fire sprinkler system per NFPA 13
2002 edition in all buildings requiring a fire flow of 1500 gallons per minute
(GPM) or greater. Sprinkler system(s)with pipe sizes in excess of 4" in diameter
will require the project structural engineer to certify(wet signature)the stability of
the building system for seismic and gravity loads to support the sprinkler system.
All fire sprinkler risers shall be protected from any physical damage. The post
indicator valve and fire department connection shall be located to the front, within
50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement
that the building(s)will be automatically fire sprinkled must be included on the
title page of the building plans. Applicant or developer shall be responsible to
install a U.L. Central Station Monitored Fire Alarm System. Monitoring system
shall monitor the fire sprinkler system(s)water flow, P.I.V.'s and all control
valves. Plans must be submitted to the Fire Department for approval prior to
installation. Contact fire department for guideline handout
(Standard County condition, 90.FIRE)
67. Fire Extinguishers. Install portable fire extinguishers with a minimum rating of
2A-10BC 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.
(Standard County condition, 90.FIRE)
68. Utilities. All utility facilities attached to buildings, including meters and utility
boxes, shall be painted to match the wall of the building to which they are affixed.
These facilities shall also be screened from the public right-of-way by
landscaping.
(Menifee standard condition)
69. Improvements. All required off-site and on-site improvements shall be completed
and functioning, including undergrounding of utilities, unless otherwise approved by
the City. A certificate should be obtained from the pertinent utility company and
submitted to the Public Works Department as proof of completion for the utilities.
(Menifee standard condition)
70. Preservation and Protection of Cultural Resources. Prior to the Planning
Department providing a final sign-off on the first building permit, the applicant,
developer or successor-in-interest shall provide the Planning Director evidence of
a Preservation and Disposition Plan with the appropriate Native American tribe
that addresses the treatment and disposition of all cultural resources impacted as
a result of the development. The agreement shall describe how the protected
cultural resources shall be preserved and maintained, the name, address and
telephone number of the organization or group who will monitor the condition of
the cultural resources and will be responsible for the long-term maintenance and
protection of the cultural resources.
(Mitigation Measure MM IV.F-6, Final Environmental Impact Report)
(Standard County condition, 60.Planning)
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
71. Street Lighting Installation. Prior to final sign-off on building permits, the street
lights, as approved ob the street light plan and/or a separate bridge light plan
(condition of approval #38), are required to be installed.
(Standard County condition, 90.TRANS)
72. Finalization of Annexation to Landscape and Lighting Maintenance District.
Prior to final sign-off on building permits, the applicant shall complete the
annexation process (as required by condition of approval #37)for the
Landscaping and Lighting Maintenance District No. 89-1-Consolidated, and/or
any other maintenance district approved by the City.
(Standard County condition, 90.TRANS.016)
At All Times During Development Operation
73. Landscape Maintenance. The project shall comply with provisions of the
Menifee Municipal Code regarding landscape maintenance. The site shall
maintain all required landscaping in viable growth condition. All landscaping
shall be maintained by the property owner or tenant association. The property
owner or tenant association shall not trim or remove vegetation in the
conservation area.
(Menifee standard condition)
74. Property Maintenance. The project shall comply with the Menifee Municipal
Code regarding property maintenance. The site shall be maintained in a graffiti-
free state at all times. Existing graffiti located on the site shall be removed within
48 hours.
(Menifee standard condition)
75. Subsequent Review. No expansion of the site or the use shall occur without
subsequent reviews and approvals from the Planning Department.
(Menifee standard condition)
76. Development Restriction. Any use, activity, and/or development occurring on the
site without appropriate city approvals shall constitute a code violation and shall be
treated as such. Placement of any construction trailer or sales offices shall require
separate review and approval by the City. Any deviation shall require the
appropriate Planning Division review and approval.
(Menifee standard condition)
77. Mechanical and Roof Mounted Equipment. All mechanical equipment,
including roof mounted air conditioning units and equipment shall be screened
from the public right-of-way, or as otherwise approved by the Planning Director.
(Menifee standard condition)
78. Source Control Best Management Practices. The proposed project shall
include the following source controls BMPs:
(a) Education for property owners, operators, tenants, occupants, or
employees;
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
(b) Activity restrictions;
(c) Irrigation system and landscape maintenance;
(d) Common area litter control;
(e) Street sweeping private streets and parking lots;
(f) Drainage facility inspection and maintenance;
(g) Municipally Separate Stormwater Sewer System (MS4) stenciling and
signage;
(h) Landscape and irrigation system design;
(i) Protect slopes and channels;
(j) Properly design trash storage areas; and
(k) Properly design loading docks.
(Mitigation Measure MM IV.G-6, Final Environmental Impact Report)
79. Hazardous Material and Waste Management. During long-term operation of
the proposed project, hazardous materials such as solvents, cleaners, and
petroleum products could be utilized and stored at the site. The presence of
these materials, however, would be minimal and the users of these materials
would be required to comply with all local, State, and federal laws pertaining to
the safe management of hazardous materials and wastes. The subject site has
potential for surficial staining and surface release from tanks, drums and
equipment on-site. Prior to removal of existing on-site uses, the project applicant
would be required to readily identify, terminate and clean up these areas.
Compliance with this requirement would insure that none of these toxic materials
would discharge into the mitigation area on-site.
(Mitigation Measure MM IV.G-14, Final Environmental Impact Report)
80. HVAC Levels. HVAC units with the lowest sound,power level shall be selected.
HVAC units shall be installed as far as possible from the residential areas.
(Mitigation Measure MM IV.I-5 and M IV.I-6, Final Environmental Impact Report)
81. Truck Noise. Delivery truck and other truck noise shall be restricted to between
the hours of 7:00 a.m. and 7:00 p.m. Monday-Saturday(excluding federal and
state holidays). Exceptions to these standards shall be allowed only with written
consent of the Building Official per City Ordinance.
(Mitigation Measure MM IV.I-7, Final Environmental Impact Report)
82. Billboards. No billboards shall be located on the project site.
(Menifee standard condition)
83. Fire Department Approval. A separate permit may be required for high-pile
storage and/or racks. Sprinkler plans and/or sprinkler review must be submitted
by a licensed sprinkler contractor with storage and/or rack plans to the County
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
Fire Department for review and approval of the 2007 California Fire Code (CFC)
compliance. Complete information (re: all commodities stored, rack dimensions,
placement in building, sprinkler densities, etc.) must be provided with
suppression system for racks and/or high-pile storage review. A complete listing
of commodities, classified using the CFC 2007 Edition and National Fire
Protection Act (NFPA) 13 2002 Edition guidelines by a licensed Fire Protection
Engineer(or other consultant approved by this jurisdiction).
(Standard County condition, 10.FIRE)
84. 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. (Standard County condition, 90.E HEALTH)
CONDITIONS OF APPROVAL—SPECIFIC TO PLOT PLAN 21542 & 22280
General
85. Flood Control— Plot Plan 21452. A large watercourse with a 100-year flow rate
of approximately 535 cubic feet per second (cfs) is tributary to the southeasterly
portion of the site. This watercourse conveys flows northerly through the easterly
side of the site where flows then enter an existing freeway culvert. This
watercourse is a major tributary to Paloma Wash and is identified in the Riverside
County Integrated Plan (RCIP) as a watercourse having a high opportunity for
natural preservation. The City concurs with the County Planning Division's
determination that this watercourse is a resource that does not have the level of
significance that would require avoidance from the RCIP policies and can
therefore permit flows in this watercourse to be collected and conveyed in a
major drainage facility as proposed by the applicant.
This major drainage facility will collect offsite runoff into an inlet located along the
southerly property line and discharge these flows approximately 350-feet from
the existing freeway culvert. This facility, including the inlet and outlet, will be
owned, operated and maintained by the City or the Flood Control District
(District). It should be noted that while the City or District will maintain this facility
to ensure that it functions properly, the City or District will not be responsible for
the maintenance of the area labeled on the plans as 'avoidance area' between
the riprap and the existing freeway culvert. Additional grading may be required to
ensure flows proceed through the existing freeway culverts and not'spill'
northerly onto adjacent properties.
A smaller watercourse with a 100-year flow rate of approximately 30 cfs is
tributary to the southwesterly portion of the site along with another watercourse
with a flow rate of approximately 30 cfs tributary from the west side of Zeiders
Road. It is proposed to collect this offsite storm runoff from these watercourses
and convey these flows easterly in a storm drain where these flows will be
discharged into the major storm drain facility located along the easterly side of
the site.
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
The topography of the site is divided into two (2)drainage areas with the
proposed grading perpetuating the existing natural drainage patterns. A majority
of the site, approximately 27-acres, drains toward the existing freeway culvert.
However, the development of the site would result in increased runoff on
downstream properties. Therefore, this incremental flow would be mitigated
before discharging storm runoff into the major drainage facility. The developer
has proposed an underground detention basin to mitigate the increased runoff.
The remainder of the site drains northerly toward Bailey Park Boulevard.
For that portion of the storm runoff flowing to the north, a storm drain system will
be necessary to convey runoff from the site. Therefore, the developer shall
construct a storm drain system extending from the project through the
intersection of Bailey Park Boulevard and Ciccotti Street to the existing CalTrans
drainage system crossing Scott Road at the 1-215. This storm drain will be
designed to convey only the post-project 100 year flows from a portion of this
development and Plot Plan 22280 (Commerce Pointe 11). This storm drain shall
be constructed to City or District standards and will be maintained by the City(if
36-inches or less in diameter) or the District.
It shall be noted that both Plot Plan 21452 and Plot Plan 22280 are proposed by
the same developer and it is likely that development of Plot Plan 21452 may
proceed prior to Plot Plan 22280. If the storm drain stated above is not already
constructed and deemed functional, the increased runoff from Plot Plan 21452
must be mitigated. Thus, an interim increased runoff mitigation basin shall be
constructed and the developer of Plot Plan 22280 has agreed that the basin will
be located on the Plot Plan 22280 site. The basin would be maintained by a
private entity. Once the storm drain is constructed and deemed functional by
either the City or the District, the basin would no longer be required.
Grading and building permits can be issued to Plot Plan 21452 while the storm
drain improvement plans are checked and encroachment permits from CalTrans
are obtained. The interim increased runoff detention basin shall be constructed
at grading permit issuance.
The development of this site will adversely impact downstream property owners
by increasing the rate and volume of flood flows. To mitigate this impact, the
developer has proposed a detention basin. Although final design of the basin will
not be required until the improvement plan stage of this development, the
applicant's engineer has submitted a preliminary hydrology and hydraulics study
that indicates that the general size, shape and location of the proposed basin is
sufficient to mitigate the impacts of the development, and the following is
required.
(a) An increased runoff basin shall be shown on the exhibit and calculations
supporting the size of the basin shall be submitted to the City for review.
The entire area of proposed development will be routed through a
detention facility(s)to mitigate increased runoff. All basins must have
positive drainage; dead storage basins shall not be acceptable.
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
(b) The proposed development area tributary to the existing Caltrans RCB
culvert will be routed through a detention facility(s)to mitigate increased
runoff. All basins must have positive drainage; dead storage basins shall
not be acceptable.
(c) A complete drainage study including, but not limited to, hydrologic and
hydraulic calculations for the proposed detention basin shall be submitted
to the City for review and approval.
(d) Storms to be studied will include the 1-hour, 3-hour, 6-hour, and 24-hour
duration events for the 2-year, 5-year, and 10-year return frequencies.
Detention basin(s)and outlet(s) sizing will ensure that none of these
storm events has a higher peak discharge in the post-development
condition than in the pre-development condition. For the 2-year and 5-
year events the loss rate will be determined using the AMC I condition.
For the 10-year event AMC II will be used. Constant loss rates shall be
used for the 1-hour, 3-hour and 6-hour events. A variable loss rate shall
be used for the 24-hour events. Low Loss rates will be determined using
the following:
(i) Undeveloped Condition - > LOW LOSS = 90%;
(ii) Developed Condition - > LOW LOSS = .9—(.8x%IMPERVIOUS);
and
(iii) Basin Site -> LOW LOSS = 10%.
(e) Where possible and feasible the on-site flows should be mitigated before
combining with off-site flows to minimize the size of the detention facility
required. If it is necessary to combine off-site and on-site flows into a
detention facility two separate conditions should be evaluated for each
duration/return period/before-after development combination studied, as
follows:
(i) The first for the total tributary area (off-site plus on-site); and
(ii) The second for the area to be developed alone (on-site).
(f) It must be clearly demonstrated that there is no increase in peak flow
rates under either condition (total tributary area or on-site alone), for each
of the return period/duration combinations required to be evaluated. A
single plot showing the pre-developed, post-developed and routed
hydrographs for each storm considered, shall be included with the
submittal of the hydrology study.
(g) No outlet pipe(s)will be less than 18-inches in diameter. Where
necessary an orifice plate may be used to restrict outflow rates.
Appropriate trash racks shall be provided for all outlets less than 48-
inches in diameter.
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
(h) The basin(s) and outlet(s) structures must be capable of passing the 100-
year storm without damage to the facility. Embankment shall be avoided
in all cases unless site constraints or topography make embankment
unavoidable in the judgment of the City Manager.
(i) Mitigation basins should be designed for joint use and be incorporated
into open space or park areas. Side slopes should be no steeper than
4:1 and depths should be minimized where public access is uncontrolled.
(j) A viable maintenance mechanism, acceptable to the City, parks agency,
or commercial/industrial property owners association is required.
A portion of the proposed project may affect"waters of the United States",
"wetlands" or"jurisdictional streambeds". Therefore, a copy of appropriate
correspondence and necessary permits, or correspondence showing the project
to be exempt, from those government agencies from which approval is required
by Federal or State law(such as Corps of Engineers 404 permit or Department of
Fish and Game 1603 agreement)shall be provided to the City prior to the
issuance of grading or building permits.
All Regulatory Permits (and any attachments thereto such as Habitat Mitigation
and Monitoring Plans, Conservation Plans/Easements)to be secured by the
developer shall be submitted to the City for review. The terms of the Regulatory
Permits shall be approved by the City prior to improvement plan approval or
finalization of the Regulatory permits. There shall be no unreasonable constraint
upon the City's ability to operate and maintain the flood control facility to protect
public health and safety.
Subject to determination by the City Manager, Commerce Pointe I may receive final
sign-off on the first building permit by the City Engineer with the approval of the
Bailey Park storm drain or the construction of the interim basin on Commerce
Pointe 11.
86. Flood Control — Plot Plan 22280. The site is located on a small ridge with
minimal offsite drainage area tributary to it but the improvements for Plot Plan
21452, Zeiders Road and Ciccotti Street will reduce the offsite flood hazard to the
site.
There is a lack of drainage infrastructure in this area. Thus, development of this
site would result in increased and concentrated flows to the downstream
properties. Therefore, the developer shall construct a storm drain system
extending from the intersection of Bailey Park Boulevard and Ciccotti Street to
the existing CalTrans drainage system crossing under Scott Road at the 1-215
Freeway, which can be considered an MS4 facility. This storm drain will be
designed to convey only the post-project 100-year flows from this development
and a portion of Plot Plan 21452 (Commerce Pointe 1). This storm drain shall be
constructed to City or Flood Control District standards and will be maintained by
the City(if 36-inches or less in diameter) or the District. No building permits will
be issued for Plot Plan 22280 until all storm drain plans are approved, bonds
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
posted and an encroachment permit from CalTrans is obtained for work within
CalTrans right-of-way.
It shall be noted that both Plot Plan 22280 and Plot Plan 21452 are proposed by
the same developer and it is likely that development of Plot Plan 21452 may
proceed prior to Plot Plan 22280. If the storm drain stated above is not already
constructed and deemed functional by the City or District, the increased runoff
from Plot plan 21452 must be mitigated. Thus, an interim increased runoff
mitigation basin shall be constructed and the developer has agreed that it will be
located on the Plot Plan 22280 site. The basin would be maintained by a private
entity. Once the storm drain is constructed and deemed functional by either the
City or the District, the basin would no longer be required.
Commerce Pointe II will require the construction of the Bailey Park storm drain in
order receive final sign-off on the first building permit from the City Engineer. If the
storm drain is 36-inches or less in diameter, then that system will be maintained by
the City.
87. Flood Control—Both Plot Plans. Several other developments are proposed in
this area. While these two developments will need to 'stand alone'from each
other and from the other developments in the area, street and drainage
improvements should be coordinated with surrounding developments. More
Specifically:
(a) 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 City for review. The
plans must receive City approval prior to the issuance of grading permits.
The developer shall post bonds and encroachment permit obtained from
CalTrans. All submittals shall be date stamped by the engineer and
include the appropriate plan check fee deposit.
(b) 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 City for review.
(c) 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 City prior to issuance of
permits. If the developer cannot obtain such rights, the project shall be
redesigned to eliminate the need for the easement.
(d) Written permission shall be obtained from the affected property owner(s)
allowing the proposed grading and/or facilities to be installed outside of
the project boundaries. A copy of the written authorization shall be
submitted to the City for review and approval.
(e) Inspection and maintenance of the flood control facility(s)to be
constructed with this development must be performed by either the City or
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
the Flood Control District, or both. 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.
If the City or District is willing to maintain the proposed facility, three items
must be accomplished prior to the issuance of a grading permit or starting
construction of the drainage facility:
(i) The developer shall submit to the City and/or the District the
preliminary title reports, plats and legal descriptions for all right-of-
way to be conveyed to the City and/or District and secure the
right-of-way to the satisfaction of the City and/or District;
(ii) An agreement with the City and/or District and any maintenance
partners must be executed which establishes the terms and
conditions of inspection, operation and maintenance; and
(iii) Plans for the facility must be signed by the City and/or District.
The plans cannot be signed prior to execution of the agreement.
An application to draw up an agreement must be submitted to the
City and/or District.
(f) All right-of-way transfer issues must be coordinated with the City and/or
District. The engineer/developer will need to submit proof of flood control
facility bonds and a certificate of insurance to the City and/or District
before a pre-construction meeting can be scheduled.
(g) A copy of the project specific WQMP shall be submitted to the District for
review and approval. Any proposed BMPs shall be shown on the grading
plans.
(h) 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.
(i) A storm drain that would collect and convey the post-project condition
onsite 100-year flow rate from a portion of Plot Plan 21452 and all of Plot
Plan 22280 shall be constructed. This storm drain would extend from the
intersection of Ciccotti Street and Bailey Park Boulevard to the CalTrans
box culvert at the 1-215 freeway and Scott Road.
Q) Drainage facilities outletting sump conditions shall be designed to convey
the tributary 100-year storm flows. Additional emergency escape shall
also be provided.
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
(k) 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 City for review.
(1) 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 City for review.
(m) Major flood control facilities are being proposed. These shall be designed
and constructed to City or District standards including those related to
alignment and access to both inlets and outlets. The applicant shall
consult the City early in the design process regarding materials, hydraulic
design and transfer of rights of way.
(n) This project proposes BMP facilities that will require maintenance by a
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 City 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
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.
(o) 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 Riverside County for
discretionary approval will be required to comply with the Water Quality
Management Plan for Urban Runoff(WQMP). The WQMP addresses
post-development water quality impacts from new development and
redevelopment projects. The WQMP requirements will vary depending on
the project's geographic location (Santa Ana, Santa Margarita or
Whitewater River watersheds). The WQMP provides detailed guidelines
and templates to assist the developer in completing the necessary
studies. These documents are available on-line at:
www.floodcontrol.co.riverside.ca.us under"Programs and Services,
Stormwater Quality".
To comply with the WQMP a developer must submit a "Project Specific"
WQMP. This report is intended to:
Resolution No. 09-67
Plot plan#21452 & Plot Plan#22280
(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
(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. To mitigate the water quality
impacts due to this development, Filteria bioretention system units and porous
landscape detention (PLD)areas are the methods proposed to be utilized
throughout the site. Runoff is collected and treated in these facilities and then
conveyed downstream. This proposed mitigation, which was initially reviewed
and found satisfactory to the Flood Control District, is acceptable to the City. It
shall be noted that for these features to operate properly, the tributary drainage
areas to these features, including roof runoff, is critical and during final design, it
may be determined that additional mitigation measures may be required. It shall
also be noted that the primary purpose of the PLD's, including any landscaping,
is for water quality mitigation and any proposed landscaping shall promote this
purpose.
Prior to Issuance of Permits for Demolition
88. Preserve Existing Landscaping. The proposed project shall conserve those
natural areas identified for conservation in the EIR by maximizing canopy
interception and water conservation by preserving existing native trees and
shrubs, and planting additional native or drought tolerant trees and large shrubs.
(Mitigation Measure MM IV.G-4, Final Environmental Impact Report)
89. Riparian/Riverine Habitat Mitigation and Monitoring . In order to insure
adequate compensation for adverse impacts to riparian/riverine areas and
jurisdictional features from project development, a detailed Habitat Mitigation and
Monitoring Plan (HMMP) shall be prepared by a qualified biologist and shall be
prepared in accordance with the approved DBESP. The HMMP shall be
submitted to the City for review and approval prior to issuance of any demolition
or grading permit, whichever comes first.
The HMMP shall expand upon the Conceptual Mitigation Plan documents
included in the Project by describing and justifying the:
(a) Proposed location, extent, and dimensions of the linear mitigation channel
on the south and east boundaries of the project site;
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
(b) Proposed channel construction methods, timing, materials, and erosion
control measures;
(c) The proposed location for the conservation area, the riparian
enhancement areas, and the created linear mitigation channel;
(d) The proposed native plant palette and density/spacing, including an
analysis of natural water availability for long-term plant survival;
(e) The nursery or source for plant material;
(f) The method of plant installation;
(g) Record a conservation easement in favor of the City of Menifee that
provides for habitat protection measures (including a mechanism for
permanent preservation of the area supporting the replacement habitat);
and
(h) Required maintenance and monitoring activities for a minimum of five
years following installation.
The HMMP shall include performance criteria to be assessed during monitoring,
and contingency measures for failure to meet the performance criteria (such as
the installation of additional plants or installation of erosion control or flow velocity
measures). This HMMP shall be submitted to and approved by the City, the U.S.
Army Corps of Engineers (Corps), CDFG, and RWQCB prior to initiation of
construction activities.
All mitigation associated with impacts to riparian/riverine features as defined by
Section 6.1.2 of the MHSCP and the associated DBESP, shall be reviewed and
approved by the City prior to project approval and the Plan shall expand upon the
approved DBESP to include all elements described in Mitigation Measures MM
IV.E-4. This shall be required prior to issuance of a grading permit.
(Mitigation Measure MM IV.E-4, Final Environmental Impact Report)
90. Oak Tree Mitigation. In order to avoid and compensate for adverse impacts to
oak trees, the following protective and replacement measures shall be
implemented by a qualified biologist prior to the issuance of a demolition permit
or grading permit, whoever comes first:
(a) For all oak trees that will be avoided by project development:
(i) Temporary construction fencing shall be installed around each
preserved oak tree as far out from the trunks as possible (at a
minimum, five feet beyond the canopy drip line);
(ii) Fencing shall be a minimum of four(4)feet tall and brightly
colored with clear language prohibiting entry;
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
(iii) Construction personnel shall keep the fenced area clear of
building materials, waste, excess soil, and equipment;
(iv) Heavy equipment shall not be operated adjacent to or within the
fenced areas;
(v) Construction personnel shall participate in a brief training prior to
initiation of construction activities regarding the importance of oak
tree protection and the on-site prohibitions and requirements;
(vi) Each preserved oak shall be watered during the summer as
recommended by the oak tree survey or as otherwise directed by
a qualified biologist]
(vii) The frequency of watering shall depend on the soil drainage at
each oak tree, to be determined by a qualified biologist;
(viii) Preserved oaks shall not be pruned unless necessary and under
the direction of a qualified arborist/biologist.
(ix) A City qualified arborist/biologist shall inspect all preserved oak
trees on a monthly basis during construction to monitor the
condition of the trees, including compliance with protective
measures such as construction fencing and adjacent heavy
equipment use; and
(x) Following project construction and removal of temporary
construction fencing, mulch shall be applied over the root system
(not piled against the trunk) of each protected oak in a two- to
four-inch thick layer.
(b) For all oak trees that will be impacted, which includes those removed or
severely damaged (i.e. grading within the dripline, trunk or crown
damage, major limb removal):
(i) Mature impacted oaks will be replaced at a 5:1 ratio;
(ii) Juvenile or re-sprouting impacted oaks will be replaced at a 2:1
ratio;
(iii) Each replacement tree will be a minimum 15-gallon size (at least
one-inch diameter trunk and three to four feet tall) coast live oak
grown from acorns collected on-site or in the region (Murrieta or
Paloma Valleys);
(iv) The project's landscape architect shall design a landscape plan
that includes native vegetation and a minimum of 49 coast live oak
saplings; and
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
(v) An Oak Replacement Plan shall be prepared by a qualified
biologist and submitted to and approved by the City prior to any
oak tree impacts. The Plan shall include the proposed placement
of each replacement tree, nursery or source, method of
installation, protective measures (including a mechanism for
permanent preservation of the area supporting the replacement
oaks), and required maintenance and monitoring activities for a
minimum of five years following installation. The Plan shall include
performance criteria to be assessed during monitoring, and
contingency measures for failure to meet the performance criteria
(such as the installation of additional trees).
(Mitigation Measure MM IV.E-5, Final Environmental Impact Report)
Prior to Issuance of Permits for Grading
91. Jurisdiction of On-Site Washes. A preliminary determination regarding the
jurisdictional status of the on-site washes should be submitted and approved by
the U.S. Army Corps of Engineers (Corps) and the California Department of Fish
and Game (CDFG). If development of the proposed project should in any way
encroach upon the potentially jurisdictional area, including temporary impacts
such as fill placement, the applicant should interface with the Corps, USFWS,
CDFG, and the RWQB to determine if permits are necessary.
(Mitigation Measure MM IV.G-8 and G-9, Final Environmental Impact Report)
92. Runoff. Urban and stormwater runoff will be directed away from the
avoidance/conservation area and linear mitigation channel. RR Cell No. 1 will
only receive flows during storm events from the "waters" of the United States
located south of the subject site, and RR Cell No. 3 will only receive flows from
the outlet of the underground storm drain.
(Mitigation Measure MM IV.G-13, Final Environmental Impact Report)
93. Agricultural Clearing &Grading Registration. All grading preformed under an
Agricultural Grading/Clearing Registration or any grading preformed prior or after
an Agricultural Registration acceptance is not to be construed as complying with
any City grading, building or land use codes or ordinances. Prior to the
submission of any grading, building or land use applications to construct or
develop, a reclamation plan and/or environmental assessment may be required
by the City.
Prior to Issuance of Permits for Building
94. Storm Drain Improvement Plans - Plot Plan 22280. A storm drain that would
collect and convey the post-development condition onsite 100-year flow rate from
this development and a portion of Plot Plan 21452 shall be constructed. This
storm drain would extend from the intersection of Ciccotti Street and Bailey Park
Boulevard to the CalTrans box culvert at the 1-215 freeway and Scott Road,
which is defined as an MS4 facility. The developer shall obtain all necessary
permits including an encroachment permit from CalTrans for work within the
CalTrans right-of-way.
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
95. Coordination. The street designs and improvement concepts of both Plot Plans
shall be coordinated, unless otherwise approved by the City Manager.
96. Scenic Vista Mitigation. The following mitigation measures will reduce the
project's significant impact to scenic vistas:
(a) The proposed landscape plan shall be prepared to include landscape
screening throughout the project site to further screen the proposed
project from off-site views;
(b) Landscaping shall be provided on the eastern side of the project site in
order to screen the project from the scenic highway corridor;
(c) Existing trees in the area between the project site and Interstate 215 shall
be preserved in accordance with the City's Oak Tree Management
Guidelines;
(d) The use of screen plantings shall borrow from naturally established form,
line, color and texture so that the visual characteristics are compatible
with their surroundings;
(e) The landscaping plan shall incorporate native materials such as rocks
and native plants;
(f) Several colors matching those of the surrounding trees and vegetation
shall be used in order to minimize uniformity; and
(g) Prior to building permit issuance the grading plan, development plan,
landscaping plan, sign plan, elevations, and colors and materials shall
receive review and approval of the Planning Department.
(Mitigation Measure MM IV.13-1, Final Environmental Impact Report)
Prior to Final Sign-Off of Building Permits
97. Environmental Awareness. The developer shall distribute environmental
awareness education materials on general good housekeeping practices that
contribute to protection of stormwater quality to all initial users, if initial users are
known at the time. The developer may obtain NPDES Public Educational
Program materials from the Flood Control District's NPDES Section by either the
District's website www.floodcontrol.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.
98. Structural BMPs. 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
Resolution No. 09-67
Plot plan#21452 & Plot Plan#22280
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 Flood Control 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.
99. 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 15th of 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 City for review and
approval prior to the final sign-off on first building permit.
100. Ordinance Compliance. The landowner shall provide all street improvements,
street improvement plans and/or road dedications set forth herein in accordance
with Ordinance 460 and City standards (Ordinance 461). The improvements
shall be built to acceptable centerline elevations, all existing easements, traveled
ways, and drainage courses with appropriate Q's, and that their omission or
unacceptability may require 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 Public Works Department, unless
otherwise indicated by the City Manager.
101. Off-Site Public Improvements— Fair Share. The project applicant shall pay its
fair share of the following off-site traffic signals, as that fair share is determined
by the City Manager or his designee:
(a) At the intersection of Scott and Murrieta Road;
(b) At the intersection of Zeiders Road/Hann Road and Scott Road;
(c) At the intersection of 1-215 southbound ramps and Scott Road;
(d) At the intersection of 1-215 northbound ramps and Scott Road;
(e) At the intersection of Zeiders Road and Keller Road;
(f) At the intersection of Antelope Road and Scott Road; and
(g) At the intersection of Haun and Holland.
102. Off-Site Public Improvements— Installation. The project applicant shall install
the following off-site public improvements, or as otherwise directed by the City
Manager:
(a) Traffic signal at Zeiders Road at the Commerce Point I Project Access
Drive with no fee credit given for Traffic Signal Mitigation Fees. This
signal shall be ultimately interconnected with a future signal to the north.
The project proponent shall provide the infrastructure necessary along the
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
project frontage to ultimately interconnect this project access drive traffic
signal to those future traffic signals to the north and south, or as approved
by the City Manager.
(Mitigation Measure MM IV.K-8, Final Environmental Impact Report)
(b) Interim intersection and interim road improvements, as per the plans
approved by the City. All improvements are requirements for interim
conditions only. Half-width right-of-way and 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, or as approved by the City
Manager.
(c) Ciccotti Street from Zeiders Road to Bailey Park Boulevard shall be
improved permanently and to full width (not interim).
(d) Underground of utilities and other off-site improvements—All existing and
installed utilities shall be placed underground from the south Commerce
Pointe property line to the Haun Road/Scott Road intersection.
(e) Off-site Improvement Reimbursement-The applicant may apply to the
City for reimbursement of undergrounding utilities and other off-site
improvements in front of other property owners' lots and for those areas
where the adjacent property owners are unwilling to participate or
contribute their fair share costs.
(Mitigation Measure MM IV.K-1, K-2, K-3, K-4, K-5, K-6 and K-7, Final
Environmental Impact Report)
103. Conservation Area and Conservation Area Margins Planting. The avoided
and conserved habitat within RR Cell No.'s 1 and 3 will be enhanced with the
additional planting of native riparian vegetation and native upland vegetation
within adjacent upland areas. The created mitigation channel will also be planted
with coast live oak trees and native shrubs. Coast live oak trees, Western
sycamore, and native shrubs and groundcover will be replanted within the
enhancement portion of the avoided/conservation area. Oak acorns were
collected from the site in 2006 and 2007 and will be collected again in 2008 and
utilized on-site for planting. Planting of native vegetation in the enhancement
portion of the avoidance/conservation area will replace riparian values eliminated
from the project site. The proposed plant palette includes species such as coast
live oak, California sycamore, red willow, arroyo willow, mulefat, ocellated
Humbolt lily, matilija poppy, and coyote brush.
(Mitigation Measure MM IV.G-18 and G-19, Final Environmental Impact Report)
104. Mitigation Channel. The proposed project will create a mitigation channel to
allow flow along the southern and eastern property boundaries. This channel will
intercept/collect storm runoff from Zeiders Road as well as flows from off-site.
(Mitigation Measure MM IV.G-20, Final Environmental Impact Report)
Resolution No. 09-67
Plot plan#21452 &Plot Plan#22280
At All Times During Development Operation
105. Conservation Area Accessibility & Safety. The avoidance/conservation area,
enhancement area, and urban/wildlands interface area are located within a
private commercial industrial project and is not accessible to the general public.
Private security measures will ensure that no unauthorized activities occur in the
avoidance/conservation area, enhancement area, or urban/wildlands interface.
(Mitigation Measure MM IV.G-17, Final Environmental Impact Report)
106. Unauthorized Dumping. Unauthorized dumping of trash/debris will be
minimized by having signage stating littering is punishable by a fine, by placing
dumpsters outside of the urban/wildlands interface zone and the planned native
landscaping within the urban/wildlands interface area surrounding the
avoidance/conservation area. This area will be actively managed by the property
owner association or similar entity.
(Mitigation Measure MM IV.G-12, Final Environmental Impact Report)