09-79 Resolution No. 09-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING
CONDITIONAL USE PERMIT #3581 FOR THE NEWPORT SQUARE DEVELOPMENT TO ALLOW
A 129,132 SQUARE FOOT SHOPING CENTER IN THE SPECIFIC PLAN NO. 247, PLANNING
AREA NO. 1 (COMMERCIAL RETAIL) ZONING DISTRICT AND TO ALLOW THE SALE OF BEER,
WINE AND DISTILLED SPIRITS FOR OFF-SITE CONSUMPTION AS PART OF THE GROCERY
STORE AND DRUG STORE USE, AND MAKING A DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY FOR THE ALCOHOLIC BEVERAGE LICENSE
Whereas, the applicant, Regent Center, DBA Menifee Marketplace, LLC., filed a formal
application with the County of Riverside for Conditional Use Permit #3581 to allow a 129,132 square-
foot shopping center in the Specific Plan No. 246, Planning Area No. 1 (Commercial Retail) zoning
district and to allow the sale of beer, wine, and distilled spirits for off-site consumption at the grocery
and drug stores at the Newport Square Shopping Center; and
Whereas, on April 7, 2009, the City Council held a duly noticed public hearing on Conditional
Use Permit #3581, and continued the item to April 21"to allow staff to bring forward additional
information, and
Whereas, on April 21, 2009, the City Council considered public testimony and materials in the
staff report and accompanying documents, which hearing was publicly noticed by a publication in the
newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of
the project site boundaries; and
Whereas, on April 21, 2009, the City Council made the following findings for Conditional Use
Permit #3581:
1. The proposed conditional use permit is exempt from environmental review, per section 15332 of
the California Environmental Quality Act Guidelines, regarding infill development projects, in that
the proposal:
1. The project site is designated Commercial Retail (CR) (0.20-0.35 floor area ratio) on the Sun
City/Menifee Valley Area Plan.
2. The proposed use, a commercial/office center, is a permitted use in the Commercial Retail (CR)
(0.20-0.35 floor area ratio) designation.
3. The project site is surrounded by properties which are designated Commercial Retail (CR) (0.20-
0.35 floor area ratio) to the north, Very High Density Residential (VHDR) (14-20 dwelling units
per acre) to the east, Medium Density Residential (MDR) to the south, and Commercial Retail and
Medium Density Residential to the west.
4. The zoning for the subject site is Specific Plan No. 247, Planning Area No. 1 (Commercial Retail).
5. The proposed use, a commercial/office center, is a permitted use, subject to approval of a
conditional use permit, in the Specific Plan No. 247, Planning Area No. 1 (Commercial Retail).
6. The proposed use, a commercial/office center, is consistent with the development standards set
forth in the Specific Plan No. 247, Planning Area No. 1 (Commercial Retail) zone.
7. The project shall include off-site alcohol sales for Beer and Wine (Type 20) within the Major
located in the southern portion of the site, which is proposed as a market and beer, wine and
distilled spirits (Type 21) within the drug store located in the northeastern portion of the site.
8. The year 2000 census population for Census Tract No. 42712 was 7,539 persons according to the
US Census Bureau (Census 2000 Summary File 3).
9. The 2007 population of Census Tract No. 42712, according to County-maintained demographics,
was 15,317 persons.
10. Per the Riverside County Planning Department, the population estimate by 2008 will be even
greater than that of the 2007 population, due to the number of approved residences within
Census Tract No. 42712. According to County of Riverside demographics, the estimate
population for 2010 is 17,585 persons.
11. The maximum concentration level for General Liquor License (Type 21) is combined with Beer
and Wine (Type 20) and limited to one per 1,250 people by census tract (Alcoholic Beverage
Control Act: California Business and Professions Code 23817.5)
12. The over-concentration of Beer and Wine (Type 20) and General Liquor (Type 21) licenses is
determined by comparing the County-wide population per license to the census tract population
and number of Type 20 and Type 21 license issued in that census tract. If there are more
licenses per person (or fewer people per license) within the census tract than the county
average, there is an over-concentration (California Alcoholic Beverage Control).
13. Using 2005 population estimates and current liquor license numbers, Riverside County has one
(1) combined (Type 20 and Type 21) license per 1,562 persons.
14. A population of 15,317 persons (the 2007 estimated population for Census Tract No. 42712)
would allow for a maximum concentration of twelve combined (Type 20 and Type 21) liquor
license within the census tract.
15. Six combined (Type 20 and Type 21) licenses are currently issued in Census Tract No. 42712.
The existing six licenses equate to approximately 0.5 licenses per 1,250 persons, roughly half the
allowable concentration. The allowance of the two (2) addition licenses would equate to 0.75
licenses per 1,250 persons.
16. Census Tract No. 42712 is not over concentrated with Type 20 and Type 21 combined liquor
licenses.
17. The California Alcoholic Beverage Control Board (ABC) requires the local jurisdiction to make a
finding of public necessity or convenience for the granting of a license when said granting would
cause an over-concentration of licenses within a census tract, or when an over-concentration
already exists.
18. The California Alcoholic Beverage Control Board has determined that for this census tract five (5)
licenses are allowed (six (6) licenses exist). This project exceeds this allotment by an additional
two (2) licenses for a total of eight (8) licenses within the census tract. Therefore, this census
tract is over concentrated by ABC's determination.
19. The proposed project site is located within 1,000 feet of Callie Kirkpatrick Elementary School.
20. The proposed project site is not located within 100 feet of existing and habited residences.
21. The food market is requesting a type 20 license to allow for the sale of beer and wine for off-site
consumption only.
22. The food market is primarily engaged in the sale of groceries and shall be selling beer and wine
in conjunction with food and other household items.
23. The drug store is requesting a type 21 license to allow for the sale of beer, wine, and distilled
spirits for off-site consumption only.
24. The drug store is primarily engaged in the sale of household items, personal care products, and
medications and shall be selling beer, wine, and distilled spirits in conjunction with these other
items.
25. The project shall not be situated in such a manner that vehicle traffic from the facility may
reasonably be believed to be a potential hazard to a school, church, public park or playground.
26. The food market and the drug store are located in the eastern portion of the project site and are
buffered from the school by other buildings in the retail center, including parking, walls, and
landscaping.
27. The existing and inhabited dwellings are located to the south of the project site, across Rockport
Avenue. The drug store is located in the northeastern portion of-the site and is separated from
the residences by other buildings within the commercial development, landscaping, and parking.
The market is along Rockport Avenue; however, the market fronts Newport Road. The market is
separated from the dwellings by landscaping and parking.
28. No beer, wine or other alcoholic beverage advertising shall be located in such a manner that be
viewed from the elementary school or dwellings.
29. No displays of beer, wine or other alcoholic beverages shall be located on the exterior of the
building or within window areas.
30. The project is not located within 1,000 feet of an existing or planned public park, playground, or
established place or religious worship.
31. The project does provide the public necessity or convenience for the residents of the
surrounding community.
32. The project will not interfere with the quiet enjoyment of the property by residents.
33. Ordinance No. 348, Section 18.27 (a) states the basis for a variance. Variances from the terms
of Ordinance No. 348 may be granted when, because of special circumstances applicable to a
parcel of property, including size, shape, topography, location or surroundings, the strict
application of this ordinance deprives such property of privileges enjoyed by other property in the
vicinity that is under the same zoning classification. Variances shall be limited to modification of
property development standards.
34. The proposed sign program exceeds Ordinance 348 Section 19.4(a) (4) which allows for one (1)
free standing signs except that if a shopping center has frontage on two (2) or more streets.
The shopping center is has frontage on Newport Road, Menifee Road, Rockport Road, and
Laguna Vista Drive and is therefore allowed two (2) freestanding signs pursuant to the
Ordinance. The commercial development proposes to exceed the number of allowed signs by
having a total of four (4) freestanding signs.
The commercial development covers approximately 14.04 net acres and is adjacent to Newport
Road and Menifee Road which are both major roadways, as well as Rockport Road and Laguna
Vista Drive. The project takes access from all four roads. The need for multiple monuments
signs to effectively display retailers within the shopping center is not necessary on a smaller
development. The proposed development is larger in size and is a sub-regional shopping center;
multiple entrances into"the commercial site necessitate additional monument signs to effectively
display retailers compared to smaller developments. These constraints supports the variance and
allowance for the project to exceed the maximum number of free standing signs allowed for a
project by and additional two (2) signs.
35. The project site is surrounded by properties which are zoned Specific Plan No. 158, Planning Area
No. 3-1 (Commercial) to the north, Specific Plan No. 247, Planning Area No. 2 (Very High Density
Residential) to the east, Specific Plan No. 247, Planning Area No. 3 (Medium Density Residential)
to the south, and Specific Plan No. 158, Planning Area No. 2-11 (Commercial) to the west.
36. Similar commercial and educational uses along Newport and Menifee Road have been
constructed or are operating in the project vicinity, such as the Menifee Town Center at Newport
and Antelope Road, the Menifee Marketplace at Newport and Haun Road, and the Menifee Union
School District facility on Menifee Road just south of Newport.
37. This project is not located within a Criteria Area of the Multi-Species Habitat Conservation Plan.
38. Pursuant to Article XI, Section 15164, if some changes or additions in a project are necessary but
none of the conditions described in Section 15162 calling for the preparation of a subsequent
Environmental Impact Report (EIR) have occurred, the lead agency shall prepare an addendum
to a previously adopted EIR. An Addendum to Environmental Impact Report No. 327 has been
prepared for the following reasons:
a. Only minor additions have occurred and none of the conditions described in Section
15162 calling for the preparation of a subsequent EIR have occurred.
b. The project does not propose substantial changes in the project which would require
major revisions to the previously adopted EIR.
c. No new significant environmental effect or substantial increase in the severity of
previously identified significant effects would occur.
d. No substantial changes have occurred with respect to the circumstances under which the
project is undertaken.
e. No new information of substantial importance has arisen, which was not known and
could not have been known with the exercise of reasonable diligence at the time the
previous EIR was adopted.
39. The previously adopted Environmental Impact Report identified the following potentially
significant impacts:
a. Air Quality
b. Biological Resources
c. Agriculture
d. Noise
e. Transportation/Traffic
40. Minor additions to the project have occurred which warrant an update to the
following sections of Environmental Impact Report No. 327: Biological Resources;
Geology/Soils, Hazards and Hazardous Materials; Water Quality & Hydrology;
Planning; and Transportation. The Addendum to Environmental Impact Report
No. 327 (EA41722) determined that the minor additions to the project will not
increase impacts related to the sections listed above to a potentially significant
level. These listed impacts will be fully mitigated by the measures indicated in
the environmental assessment, conditions of approval, and attached letters. No
other significant impacts were identified.
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. Conditional Use Permit #3581 is hereby approved and is subject to the
Conditions of Approval in Exhibit"A"to this resolution. Specifically, CUP #3581
is approved to allow the following:
(a) A 129,132 square-foot shopping center in the Specific Plan No. 247,
Planning Area No. 1 (Commercial Retail) zoning district; and
(b) The sale of beer, wine and distilled spirits for off-site consumption (a
Type 20 and Type 21 license from the State Department of Alcoholic
Beverage Control) at the grocery and drug stores.
PASSED, APPROVED AND ADOPTED this 21't day of April, 2009, by the following
vote:
AYES
NOES:vyl�
ABSENT:vy1A1U_.)
ABSTAIN:VYLpAJL,
K/4.CfkQ
Wallace W. Edgerton, Mayor
Attest:
Kathy Bennett, City Clerk
EXHIBIT"A"
Conditions of Approval
CUP #3581
Newport Square Shopping Center
Project Description:
Conditional Use Permit No. 3581
The use hereby permitted is for the operation and construction of a commercial/office
center consisting of 61,489 square feet,of retail space, 58,800 sq. ft. of office space, and
an 8,915 sq. ft. child care facility for a total of 129,204 sq. ft. within ten (10) buildings.
The ten buildings include two (2) office buildings, two (2) commercial pads, one (1)
restaurant pad, one (1) drug store, two (2) shops, one (1) market, one (1) day care
facility with associated playgrounds and tot lot. The project also includes one (1)
detention basin, 115,650 sq. ft. of landscaping, and 712 parking stalls.
The project is envisioned to be constructed in two (2) phases. Phase 1 will include the
two (2) commercial pad buildings, two (2) shops, market, child care facility, drug store
and associated improvements, including landscaping. Phase 2 will include the
construction of the remaining two office buildings.
The project also proposes off-site beer and wine sales (Type 20 license) for the market
(Market Building located in the southern portion of the site) and off-site sale of beer,
wine, and distilled spirits (Type 21 license) for the pharmacy/drug store located in the
northeastern portion of the project site.
The approved version shall be as follows:
EXHIBIT A = Site Plan for Conditional Use Permit No. 3581, Amended No. 1, dated
December 5, 2008.
EXHIBIT B = Elevations and Floor Plans for Conditional Use Permit No. 3581, Amended
No. 1, dated October 25, 2008.
EXHIBIT G = Grading Plans (Sheets 1-2) for Conditional Use Permit No. 3581, Amended
No. 1, dated December 5, 2008.
EXHIBIT L = Landscaping Plans for Conditional Use Permit No. 3581, Amended No. 1,
dated October 25, 2008.
EXHIBIT M = Material Board (Sheets 1-2) for Conditional Use Permit No. 3581,
Amended No. 1, dated October 25, 2008.
EXHIBIT S = Sign Program for Conditional Use Permit No. 3581, Amended No. 1, dated
December 5, 2008.
EXHIBIT W = Wall and Fencing Plan for Conditional Use Permit No. 3581, Amended No.
1, dated October 25, 2008.
Genera/Conditions
1. On October 1st, 2008 the City of Menifee incorporated. At the time the City
incorporated it was required to accept all the laws and ordinances of the County
of Riverside. Over time the City will change these ordinances either by name or
content. The applicant or successor in interest of this project will be subject to
ordinances of the City of Menifee and not those of the County of Riverside that
the City has jurisdiction over. Therefore, any condition of approval listed in this
project that references a County of Riverside Ordinance, will in fact be subject to
the equivalent City ordinance or subsequent ordinance introduced by the City.
The applicant or their successor in interest by accepting these conditions also
agrees to accept the equivalent City ordinance or subsequent ordinance
introduced by the City. CITY OF MENIFEE
2. The developer/applicant shall indemnify, protect, defend, and hold harmless, the
City and County and any agency or instrumentality thereof, and/or any of its
officers, employees and agents (collectively the "City and County') from any and
all claims, actions, demands, and liabilities arising or alleged.to arise as the result
of the applicant's performance or failure to perform under this project 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 Tentative Parcel
Map No. 35899, Conditional Use Permit No. 3581, Variance No. 1547,
Environmental Assessment No. 41722, and Addendum to Environmental Impact
Report No. 327. HOLD HARMLESS
3. The project developer/land divider has 90 days from the date of approval of
these conditions to protest, in accordance with the procedures set forth in
Government Code Section 66020, the imposition of any and all fees, dedications,
reservations and/or other exactions imposed on this project as a result of this
approval or conditional approval of this project. 90 DAYS TO PROTEST
4. Every person conducting a business within the unincorporated area of Riverside
County, as defined in Riverside County Ordinance No. 857, shall obtain a
business license. For more information regarding business registration, contact
the Business Registration and License Program Office of the Code Enforcement
Department at www.rctlma.org.buslic. BUSINESS LICENSING
5. The subdivider/owner shall comply with the "Design Standards & Guidelines,
Third And Fifth Supervisorial Districts, County Of Riverside," adopted by the
Board of Supervisors, July 17, 2001. 3RD &STH DIST DSGN STDS
Grading
6. Improvements such as grading, filling, over excavation and recompaction, and
base or paving which require a grading permit are subject to the included
Building and Safety Department Grading Division conditions of approval. GIN
INTRODUCTION
7. All grading shall conform to the California Building Code, Ordinance 457, and all
other relevant laws, rules, and regulations governing grading in Riverside County
and prior to commencing any grading which includes 50 or more cubic yards, the
applicant shall obtain a grading permit from the Building and Safety Department.
G1.2 OBEY ALL GDG REGS
8. Ordinance 457 requires a grading permit prior to clearing, grubbing, or any
topsoil disturbances related to construction grading. G1.3 DISTURBS NEED
G/PMT
9. Graded but undeveloped land shall provide, in addition to erosion control
planting, any drainage facility,deemed necessary to control or prevent erosion.
Additional erosion protection may be required during the rainy season from
October 15 to April 15. G1.5 EROS CNTRL PROTECT
10. All necessary measures to control dust shall be implemented by the developer
during grading. PM10 plan may be required at the time a grading permit is
issued. G1.6 DUST CONTROL
11. Grading in excess of 199 cubic yards will require performance security to be
posted with the Building & Safety Department. G2.1 GRADING BONDS
12. Erosion control - landscape plans, required for manufactured slopes greater than
3 feet in vertical height, are to be signed by a registered landscape architect and
bonded per the requirements of Ordinance 457 (refer to dept. form 284-47).
G2.3SLOPE EROS CL PLAN
13. Grade slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to
vertical) unless otherwise approved. G2.5 2:1 MAX SLOPE RATIO
14. A slope stability report shall be submitted and approved by the County Geologist
for all proposed cut or fill slopes steeper than 2:1 (horizontal to vertical) or over
30 feet in vertical height - unless addressed in a previous report. G2.6SLOPE
STABL'TY ANLY
15. Minimum drainage grade shall be 1% except on Portland cement concrete where
0.35% shall be the minimum. G2.8MINIMUM DRNAGE GRAD
16. Provide drainage facilities and terracing in conformance with the Uniform
Building Code's chapter on "EXCAVATION & GRADING". G2.9DRNAGE &
TERRACING
17. Observe slope setbacks from buildings & property lines per the Uniform Building
Code as amended by Ordinance 457. G2.10 SLOPE SETBACKS
18. Graded slopes which infringe into the 100-year storm flow flood way boundaries,
shall be protected from erosion, or other flood hazards, by a method acceptable
to the Building & Safety Department's District Grading Engineer - which may
include Riverside County Flood Control & Water Conservation District's review
and approval. However, no graded slope will be allowed which in the professional
judgment of the District Grading Engineer blocks, concentrates or diverts
drainage flows. G2.12SLOPES IN FLOODWAY
19. A recorded easement is required for lot-to-lot drainage. G2.17LOT TO LOT
DRN ESMT
20. All off street parking areas, which are conditioned to be paved, shall conform to
Ordinance 457 base and paving design and inspection requirements. G2.23
OFFST. PAVED PKG
21. A grading permit will not be issued, by the Building and Safety Department, for
any parcel (s) of this subdivision unless an appropriate land use permit has also
been issued and approved, by the Planning Department, for that same parcel (s).
G2.24LU PMT TO GRD SUB
22. Prior to the issuance of any building permit, the property owner shall obtain a
grading permit and/or approval to construct from the Grading Division of the
Building and Safety Department. G.3.1NO B/PMT W/O G/PMT
23. Lots, which propose retaining walls, will require separate permits. They shall be
obtained prior to the issuance of any other building permits - unless otherwise
approved by the Building and Safety Director. The walls shall be designed by a
Registered Civil Engineer - unless they conform to the County Standard Retaining
Wall designs shown on the Building and Safety Department form 284-197.
G3.3RETAINING WALLS
24. Cribwall (retaining) walls shall be designed by a qualified professional who shall
provide the following information for review and approval - this shall be in
addition to standard retaining wall data normally required. The plans shall clearly
show: soil preparation and compaction requirements to be accomplished prior to
footing-first course installation, method/requirement of footing-first course
installation, properties of materials to be used (i.e. Fc=2500 p.s.i.). Additionally
special inspection by the manufacturer/dealer and a registered special inspector
will be required. G3.4CRIB/RETAIN'G WALLS
25. Plant & irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical)
ratio and 3 feet or greater in vertical height with grass or ground cover; slopes
15 feet or greater in vertical height shall be planted with additional shrubs or
trees or as approved by the Building & Safety Department's Erosion Control
Specialist. G4.1E-CL 4:1 OR STEEPER
Health
26. All lots under Parcel Map No. 35899/Conditonal Use Permit No. 3581 are
proposing Eastern Municipal Water District water and sewer service. It is the
responsibility of the developer to ensure that all requirements to obtain water
and sewer service for each lot are met with EMWD, as well as, all other
applicable agencies. Any existing septic system(s) and/or well(s) must be
properly abandoned under permit with the Department of Environmental Health
(DEH). EMWD WATER AND SEWER
Fire
27. Blue retroreflective pavement markers shall be mounted on private streets,
public streets and driveways to indicate location of fire hydrants. Prior to
installation, placement of markers must be approved by the Riverside County
Fire Department. -#50-BLUE DOT REFLECTORS
28. The water mains shall be capable of providing a potential fire flow 4000 GPM and
an actual fire flow available from any one hydrant shall be 2500 GPM for 2-hour
duration at 20-PSI residual operating pressure. -#15-POTENTIAL FIRE
FLOW
29. Approved super fire hydrants; (6"x4"x 2-2 1/2") shall be located at each street
intersection and spaced not more than 330_ feet apart in any direction, with no
portion of any lot frontage more than 165_ feet from a fire hydrant. -#14-
COM/RES HYD/SPACING
30. A combination of on-site and off-site super fire hydrants, on a looped system
(6"x4"x 2-2 1/2"), will be located not less than 25 feet or more than 165 feet
from any portion of the building as measured along approved vehicular travel
ways. The required fire flow shall be available from any adjacent hydrants(s) in
the system. -#19-ON/OFF LOOPED HYD
31. Minimum required fire flow shall be 2500 GPM for a 2-hour duration at 20-PSI
residual operating pressure, which must be available before any combustible
material is placed on the job site. Fire flow is based on type VB construction per
the 2007 CBC and Building(s) having a fire sprinkler system. -#23-MIN REQ
FIRE FLOW
Flood Control
32. Conditional Use Permit No. 3581 proposes the construction and operation of a
commercial/office center on 14.04 net acres and Parcel Map No. 35899 proposes
a Schedule E subdivision of 14.04 net acres into 11 lots. The site is located in
the Sun City/Menifee area, north of Rockport Road, south of Newport Road, east
of Menifee Road, and west of Laguna Vista Drive. This site is within Tract Map
No. 30422 for which conditions of approval have been issued but will be
reviewed as a standalone case. These projects have been concurrently
reviewed. It should be noted that the project and mitigation areas includes Lots
2 through 10. The project does not include the development, or mitigation, of
Lots 1 and 11.
A Letter of Map Revision (LOMR), dated August 29, 2008, was obtained from
FEMA (Case No. 08-09-1064P) revising the floodzone designation to Zone C.
Except for nuisance nature local runoff that may traverse portions of the
property, the project is considered free from ordinary storm flood hazard.
However, a storm of unusual magnitude could cause some damage. A storm
drain constructed as part of Tract Map No. 30422 on Laguna Vista Drive would
serve as an outlet to the onsite storm runoff. However, the capacity of this
stormdrain is limited to a flowrate of 10.2 cubic feet per second (cfs). An
underground detention basin is also proposed at the southeast corner of the site.
The underground detention basin serves to reduce the site's runoff to an
acceptable flowrate prior to outletting to Line C in Laguna Vista Drive
(constructed by Tract 30422-1). Thus, the basin shall be designed to meter
down the flows to the design capacity of Line C 100-year flowrate of 10.2 cfs.
Though the project only includes the development and mitigation of Lots 2
through 10, the 10.2 cfs maximum flowrate applies to the entire parcel map
(Lots 1 through 11).
To mitigate the development's water quality impacts, the developer has
proposed a series of bioswales and porous pavement (pervious pavers).
Although, Lot 2 requires additional porous pavement, there is sufficient area
within the project site to accommodate this. It should also be noted that though
vegetated swale is called out in the plan, bioswales will be used to adequately
address the pollutants of concerns for the project.
Conditions of approval are based on providing the above adequate treatment
BMPs, as agreed upon in phone and e-mail correspondence from DRC, Inc (the
project engineers), during final design. The porous pavement and bioswales
appears to mitigate water quality impacts caused by the development and the
underground detention basin appears to meet the target flowrate. FLOOD
HAZARD RPT 12/23/08
33. The property's grading shall be designed in a manner that perpetuates the
existing natural drainage patterns with respect to tributary drainage area, outlet
points and outlet conditions; otherwise, a drainage easement shall be obtained
from the affected property owners for the release of concentrated or diverted
storm flows. A copy of the recorded drainage easement shall be submitted to
the District for review. PERP DRAINAGE PATTERNS
34. This project proposes BMP facilities that will require maintenance by public
agency or commercial property owner association. To ensure that the public is
not unduly burdened with future costs, prior to final approval or recordation of
this case, the District will require an acceptable financial mechanism be
implemented to provide for maintenance of treatment control BMPs in perpetuity.
This may consist of a mechanism to assess individual benefiting property owners,
or other means approved by the District. The site's treatment control BMPs must
be shown on the project's improvement plans - either the street plans, grading
plans, or landscaping plans. The type of improvement plans that will show the
BMPs will depend on the selected maintenance entity. WQMP ESTABL MAINT
ENTITY
35. The subdivider shall record sufficient documentation to advise purchasers of any
lot within the subdivision that the owners of individual lots are responsible for
the maintenance of the drainage facility within the drainage easements shown on
the final map. OWNER MAINT NOTICE
36. 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.
10 YR CURB - 100 YR ROW
37. In compliance with Santa Ana Region and San Diego Region Regional Water
Quality Control Board Orders, and Beginning January 1, 2005, projects submitted
within the western region of the unincorporated area of Riverside County for
discretionary approval will be required to comply with the Water Quality
Management Plan for Urban Runoff (WQMP). The WQMP addresses post-
development water quality impacts from new development and redevelopment
projects. The WQMP requirements will vary depending on the project's
geographic location (Santa Ana, Santa Margarita or Whitewater River
watersheds). The WQMP provides detailed guidelines and templates to assist the
developer in completing the necessary studies. These documents are available
on-line at: 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 a) identify potential post-project pollutants and
hydrologic impacts associated with the development; b) identify proposed
mitigation measures (BMPs) for identified impacts including site design, source
control and treatment control post-development BMPs; and c) identify
sustainable funding and maintenance mechanisms for the aforementioned BMPs.
A template for this report is indicated as 'exhibit A' on the website above. A final
Project Specific WQMP must be approved by the District prior to issuance of
building or grading permits. Projects that require a Project Specific WQMPs were
required to submit a PRELIMINARY Project Specific WQMP along with the land-
use application package in the tentative phase of development in order to obtain
recommended conditions of approval. The developer has submitted a report that
minimally meets the criteria for a preliminary project specific WQMP of
addressing points a, b, and c above. It shall be noted that while the preliminary
project specific WQMP was adequate at that stage, the preliminary WQMP report
will need significant revisions at the improvement plan check phase of the
development in order to meet the requirements of a final project specific WQMP
- including detailed drawings for the BMPs along with all supporting calculations.
It should also be noted that if 401 certification is necessary for the project, the
Water Quality Control Board may require additional water quality measures.
SUBMIT FINAL WQMP>PRELIM
38. An underground detention basin is also proposed at the southeast corner of the
site. The underground detention basin serves to reduce the site's runoff to an
acceptable flowrate prior to outletting to Line C in Laguna Vista Drive
(constructed by Tract 30422-1). Thus, the basin shall be designed to meter
down the flows to the design capacity of Line C 100-year flowrate of 10.2 cfs.
Though the project only includes the development and mitigation of Lots 2
through 10, the 10.2 cfs maximum flowrate applies to the entire parcel map
(Lots 1 through 11). METER DOWN FLOWRATE —BASIN
39. Drainage facilities outletting sump conditions shall be designed to convey the
tributary 100-year storm flows. Additional emergency escape shall also be
provided. 100 YR SUMP OUTLET
Planning
40. If human remains are encountered, State Health and Safety Code Section 7050.5
states that no further disturbance shall occur until the Riverside County Coroner
has made the necessary findings as to origin. Further, pursuant to Public
Resource Code Section 5097.98(b) remains shall be left in place and free from
disturbance until a final decision as to the treatment and disposition has been
made. If the Riverside County Coroner determines the remains to be Native
American, the Native American Heritage Commission shall be contacted within a
reasonable timeframe. Subsequently, the Native American Heritage Commission
shall identify the "most likely descendant." The most likely descendant shall then
make recommendations and engage in consultation concerning the treatment of
the remains as provided in Public Resources Code Section 5097.98. IF HUMAN
REMAINS FOUND
41. If during ground disturbance activities, unique cultural resources are discovered
that were not assessed by the archaeological report(s) and/or environmental
assessment conducted prior to project approval, the following procedures shall
be followed. Unique cultural resources are defined, for this condition, as being
multiple artifacts in close association with each other, but may include fewer
artifacts if the area of the find is determined to be of significance due to its
sacred or cultural importance.
a. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
developer, the archaeologist, the Native American tribal representative
and the Planning Director to discuss the significance of the find.
b. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the Native American tribal representative and the
archaeologist, a decision shall be made, with the concurrence of the
Planning Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
c. Grading of further ground disturbance shall not resume within the area of
the discovery until an agreement has been reached by all parties as to
the appropriate mitigation. INADVERTENT ARCHAEO FIND
42. The development of these premises shall comply with the standards of Ordinance
No. 348 and all other applicable City ordinances and State and Federal codes.
The development of the premises shall conform substantially with that as shown
on APPROVED EXHIBIT A, unless otherwise amended by these conditions of
approval. COMPLY WITH ORD./CODES
43. Any subsequent submittals required by these conditions of approval, including
but not limited to grading plan, building plan or mitigation monitoring review,
shall be reviewed on an hourly basis (research fee), or other such review fee as
may be in effect at the time of submittal, as required by Ordinance No. 671.
Each submittal shall be accompanied with a letter clearly indicating which
condition or conditions the submittal is intended to comply with. FEES FOR
REVIEW
44. County Geologic Report (GEO) No. 2106, submitted for this project (CUP03581 &
PM35899), was prepared by Krazan & Associates, Inc. and is entitled:
"Supplemental Geotechnical Engineering Investigation, Proposed Newport
Square, SWC Newport Road and Laguna Vista Drive, Menifee, California, Project
No. 112-06064", dated July 29, 2008. In addition, Krazan & Associates provided
the following reports: "Geotechnical Report of Rough Grading, Commercial Sites,
Rockport Road (Street "A") West of Laguna Vista Drive, And Laguna Vista Drive
North of Rockport Road (Street "A"). "The Lakes" Development, Tract 30422,
Menifee Area of Riverside County, California, Project No.: I03241-30" prepared
by LGC Inland, Inc. and dated November 1, 2005. "Geotechnical Engineering
Investigation, Proposed Newport Square, SWC Newport Road and Laguna Vista
Drive, Menifee, California, KA Project No. 112-06064" prepared by Krazan &
Associates and dated October 23, 2006. "Supplemental Geotechnical Engineering
Investigation, Proposed Newport Square, SWC Newport Road and Laguna Vista
Drive, Menifee, California, KA Project No. 112-06064" prepared by Krazan &
Associates and dated July 29, 2008, Revised October 27, 2008. "Comment
Response Letter, Proposed Newport Square, SWC Newport Road and Laguna
Vista Drive, Menifee, California, KA Project No. 112-06064" dated October 28,
2008. "Comment Response Letter #2, Proposed Newport Square, SWC Newport
Road and Laguna Vista Drive, Menifee, California, KA Project No. 112-06064"
dated December 2, 2008. These additional reports are now included as part of
GEO 2106. GEO No. 2106 concluded: 1.Based on review of published literature,
site mapping, previous geotechnical reports from the general area and aerial
photo review, there is no evidence of active faulting crossing or trending toward
this site. Therefore there is a low potential for this site to be affected by surface
fault rupture. 2.Due to the depth to groundwater beneath this site and the
relatively dense native soils underlying this site, there is a low potential for this
site to be affected by seismically induced liquefaction. 3.Except for the potential
for this site to be affected by strong seismic shaking, there is a low potential for
this site to be affected by other secondary seismic hazards such as
seiche/tsunami, seismically induced flooding or seismically induced landsliding or
rockfall. 4.The previously placed engineered fill soils exhibit a moderately high
swell potential and improvements placed on these soils will require some form of
mitigation, whether by replacement of the expansive soils with lower expansion
soils or foundation improvements to resist the effects of soil expansion. GEO No.
2106 recommended: 1.To reduce the potential for distress due to expansive
soils, the upper 24 inches of soil within the area of the building slabs or exterior
flatwork should be replaced with non-expansive fill soils. In lieu of replacing
these soils, the buildings may be supported on post-tensioned slabs and flatwork
may be constructed with enhanced reinforcement as needed. All fill soils in areas
to receive building slabs and concrete flatwork should be sampled and tested
after grading to determine the expansion index of the soils utilized for the fills
and recommendations for additional required reinforcement or post-tension
design provided based on the results of that testing. 2.Due to the potential for
this site to be affected by strong seismic shaking, all proposed construction
should be designed in accordance with all applicable seismic design provisions of
the recently adopted California Building Code (CBC 2007). 3.Any removals should
expose either existing fill soils or native soils exhibiting an in-place relative
compaction of at least 90% and have a moisture content of +/- 3% of optimum
moisture as determined by ASTM D1557-00 prior to preparing these areas to
place fill. The approved removal bottoms should be scarified to a depth of 8
inches, moisture conditioned to near optimum moisture content and compacted
to a minimum of 90% of the maximum dry density prior to placing any fill. 4.The
removed soils may be reused as fill soils provided they are cleaned of any
organics or other deleterious materials. All fill soils should be placed in
approximately 6 inch lifts, moisture conditioned as necessary and compacted to a
minimum of 95% of the maximum dry density for granular soils and 90% of the
maximum dry density for the site soils that are more cohesive and have a higher
clay content. The maximum dry densities and optimum moisture contents of the
soils utilized for the fills should be determined by ASTM D1557-00 and the in-
place densities of the fills should be verified by field density testing. GEO No.
2106 satisfies the requirement for a Geologic Study for Planning / CEQA
purposes. GEO No. 2106 is hereby accepted for Planning purposes. This approval
is not intended, and should not be misconstrued as approval for grading permit.
Engineering and other building code parameters will be reviewed and additional
comments and/or conditions may be imposed by the Building and Safety
Department upon application for grading and/or building permits. GE002106
Transportation
45. The Transportation Department has reviewed the traffic study submitted for the
referenced project. The study has been prepared in accordance with County-
approved guidelines. We generally concur with the findings relative to traffic
impacts. The General Plan circulation policies require a minimum of Level of
Service 'C', except that Level of Service 'D' may be allowed in community
development areas at intersections of any combination of secondary highways,
major highways, arterials, urban arterials, expressways or state highways and
ramp intersections.
The study indicates that it is possible to mitigate the project impacts at the
following intersections based on the traffic study assumptions.
I-215 Southbound Ramps (NS) at: Newport Road (EW)
I-215 Northbound Ramps (NS) at: Newport Road (EW)
Antelope Road (NS) at: Newport Road (EW)
Menifee Road (NS) at: Camino Cristal (EW)
Newport Road (EW) Project Driveway #1 (EW) (future)
Rockport Road (EW)
Loire Valley Lane/Tres Lagos Drive (EW)
La Piedra Road (EW)
Holland Road (EW)
Craig Avenue (EW)
Project Driveway #2 (NS) (future) at: Newport Road (EW)
Linden Gate Lane/Project Driveway #4 (NS) at: Rockport Road (EW)
Laguna Vista Drive (NS) at: Newport Road/Domenigoni Parkway (EW)
Project Driveway #3 (future) (EW) Rockport Road (EW)
Lindenberger Road (NS) at: Domenigoni Parkway (EW)
Leon Road (NS) at: Domenigoni Parkway (EW)
As such, the proposed project is consistent with this General Plan policy. The
associated conditions of approval incorporate mitigation measures identified in
the traffic study, which are necessary to achieve or maintain the required level of
service. TS/CONDITIONS
46. With respect to the conditions of approval for the referenced tentative exhibit,
the landowner shall provide all street improvements, street improvement plans
and/or road dedications set forth herein in accordance with Ordinance 460 and
Riverside County Road Improvement Standards (Ordinance 461). It is
understood that the exhibit correctly shows acceptable centerline elevations, all
existing easements, traveled ways, and drainage courses with appropriate Q's,
and that their omission or unacceptability may require the exhibit to be
resubmitted for further consideration. These Ordinances and all conditions of
approval are essential parts and a requirement occurring in ONE is as binding as
though occurring in all. All questions regarding the true meaning of the
conditions shall be referred to the Transportation Department. STD INTRO
3(ORD 460/461)
47. The developer shall cause building plans to be submitted to the Department of
Building and Safety - Plan Check Division for review. Said plans shall be in
conformance with the approved TENTATIVE MAP. SUBMIT BUILDING PLANS
48. The land divider shall protect downstream properties from damages caused by
alteration of the drainage patterns, i.e., concentration or diversion of flow.
Protection shall be provided by constructing adequate drainage facilities including
enlarging existing facilities and/or by securing a drainage easement. All drainage
easements shall be shown on the final map and noted as follows: "Drainage
Easement - no building, obstructions, or encroachments by landfills are allowed".
The protection shall be as approved by the Transportation Department.
DRAINAGE 1
49. The land divider shall accept and properly dispose of all off-site drainage flowing
onto or through the site. In the event the Transportation Department permits the
use of streets for drainage purposes, the provisions of Article XI of Ordinance No.
460 will apply. Should the quantities exceed the street capacity or the use of
streets be prohibited for drainage purposes, the subdivider shall provide
adequate drainage facilities and/or appropriate easements as approved by the
Transportation Department. DRAINAGE 2
Prior to the Issuance of a Grading Permit
Grading
50. In instances where a grading plan involves import or export, prior to obtaining a
grading permit, the applicant shall have obtained approval for the import/export
location from the Building and Safety department. If an Environmental
Assessment, prior to issuing a grading permit, did not previously approve either
location, a Grading Environmental Assessment shall be submitted to the Planning
Director and the Environmental Programs Director for review and comment and
to the Building and Safety Department Director for approval. Additionally, if the
movement of import/export occurs using county roads, review and approval of
the haul routes by the Transportation Department will be required.
IMPORT/EXPORT
51. Prior to issuance of any grading or construction permits - whichever comes first -
the applicant shall provide the Building and Safety Department evidence of
compliance with the following: "Effective March 10, 2003 owner operators of
grading or construction projects are required to comply with the N.P.D.E.S.
(National Pollutant Discharge Elimination System) requirement to obtain a
construction permit from the State Water Resource Control Board (SWRCB). The
permit requirement applies to grading and construction sites of "ONE" acre or
larger. The owner operator can comply by submitting a "Notice of Intent" (NOI),
develop and implement a STORM WATER POLLUTION PREVENTION PLAN
(SWPPP) and a monitoring program and reporting plan for the construction site.
For additional information and to obtain a copy of the NPDES State Construction
Permit contact the SWRCB at (916) 657-1146. Additionally, at the time the
county adopts, as part of any ordinance, regulations specific to the N.P.D.E.S.,
this project (or subdivision) shall comply with them. G1.4 NPDES/SWPPP
52. Geotechnical soils reports, required in order to obtain a grading permit, shall be
submitted to the Building and Safety Department's Grading Division for review
and approval prior to issuance, of a grading permit. All grading shall be in
conformance with the recommendations of the geotechnical/soils reports as
approved by Riverside County.* *The geotechnical/soils, compaction and
inspection reports will be reviewed in accordance with the RIVERSIDE COUNTY
GEOTECHNICAL GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGIC
REPORTS. G2.4GEOTECH/SOILS RPTS
53. All grading and drainage shall be designed in accordance with Riverside County
Flood Control & Water Conservation District's conditions of approval regarding
this application. If not specifically addressed in their conditions, drainage shall be
designed to accommodate 100-year storm flows. Additionally, the Building and
Safety Department's conditional approval of this application includes an
expectation that the conceptual grading plan reviewed and approved for it
complies or can comply with any WQMP (Water Quality Management Plan)
required by Riverside County Flood Control & Water Conservation District.
G2.7DRNAGE DESIGN Q100
54. Prior to the issuance of a grading permit, it shall be the sole responsibility of the
owner/applicant to obtain any and all proposed or required easements and/or
permissions necessary to perform the grading herein proposed. G2.14OFFSITE
GDG ONUS
Flood Control
55. A copy of the project specific WQMP shall be submitted to the District for review
and approval. SUBMIT FINAL WQMP
56. A copy of the improvement plans, grading plans, BMP improvement plans and
any other necessary documentation along with supporting hydrologic and
hydraulic calculations.shall be submitted to the District for review. The plans
must receive District approval prior to the issuance of grading permits. All
submittals shall be date stamped by the engineer and include a completed Flood
Control Deposit Based Fee Worksheet and the appropriate plan check fee
deposit. SUBMIT PLANS
57. Temporary erosion control measures shall be implemented immediately following
rough grading to prevent deposition of debris onto downstream properties or
drainage facilities. Plans showing these measures shall be submitted to the
District for review. EROS CNTRL AFTER RGH GRAD
Planning
58. Prior to issuance of grading permits, the Planning Department shall determine if
the deposit-based fees are in a negative balance. If so, any outstanding fees
shall be paid by the applicant/developer. FEE BALANCE
Prior to the Issuance of a Building Permit
Grading
59. Prior to issuance of any building permit, the property owner shall obtain a
grading permit and/or approval to construct from the Grading Division of the
Building and Safety Department. G3.iNO B/PMT W/O G/PMT
Flood Control
60. A copy of the improvement plans, grading plans, BMP improvement plans and
any other necessary documentation along with supporting hydrologic and
hydraulic calculations shall be submitted to the District for review. The plans
must receive District approval prior to the issuance of building permits. All
submittals shall be date stamped by the engineer and include a completed Flood
Control Deposit Based Fee Worksheet and the appropriate plan check fee
deposit. SUBMIT PLANS
61. A copy of the project specific WQMP shall be submitted to the District for review
and approval. SUBMIT FINAL WQMP
Prior to Building Final Inspection
Flood Control
62. The developer shall distribute environmental awareness education materials on
general good housekeeping practices that contribute to protection of stormwater
quality to all initial users. The developer may obtain NPDES Public Educational
Program materials from the District's NPDES Section by either the District's
website www.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. BMP— EDUCATION
63. All structural BMPs described in the project-specific WQMP shall be constructed
and installed in conformance with approved plans and specifications. It shall be
demonstrated that the applicant is prepared to implement all non-structural
BMPs described in the approved project specific WQMP and that copies of the
approved project-specific WQMP are available for the future owners/occupants.
The District will not release occupancy permits for any portion of the project
exceeding 80% of the project area prior to the completion of these tasks.
IMPLEMENT WQMP
Transportation
64. The project proponent shall be responsible for the construction and installation of
all traffic signals listed below unless otherwise noted. Prior to the final building
inspection of the first building, the following traffic signal(s) shall be installed and
operational: Menifee Road (NS) at Newport Road (EW) (modification for added
lanes) with no fee credit given for Traffic Signal Mitigation Fees. or as approved
by the Transportation Department. TS/INSTALLATION
65. The project proponent shall provide interconnect between the traffic signal at the
intersection of Newport Road/Menifee Road and the signals at the following two
intersections: Newport Road (EW) and Laguna Vista Drive (NS) Menifee Road
(NS) and Rockport Road (EW) or as approved by the Transportation Department.
TS/INTERCONNECT
66. Install streetlights on Newport Road in accordance with the approved street
lighting plan and standards of County Ordinances 460 and 461. For projects
within IID use IID's pole standard. Street light annexation into LUMD or similar
mechanism as approved by the Transportation Department shall be completed. It
shall be the responsibility of the Developer to ensure that streetlights are
energized along the streets associated with this development where the
developer is seeking Building Final Inspection (Occupancy). STREET LIGHTS
INSTALL
Planning
67. A clearance letter from Riverside County Waste Management District shall
be provided to the Riverside County Planning Department verifying
compliance with the conditions contained in their letter dated 3/4/08,
summarized as follows:
a. Since hazardous materials are not accepted at Riverside County
landfills, the project proponent shall take any hazardous wastes,
including paint used during construction, to facilities that are
permitted to receive them in accordance with local, state, and
federal regulations. For further information, please contact the
Household Hazardous Waste Collection Program at 1-800-304-2226.
b. Use mulch and/or compost in the development and maintenance of
landscaped areas within the project boundaries. Recycle green
waste through either onsite composting of grass (i.e., leaving the
grass clippings on the lawn) or sending separated green waste to a
composting facility).
C. Consider xeriscaping and using drought-tolerant/low-maintenance
vegetation in all landscaped areas of the project. If you have any
questions, please call Sung Key Ma (Planner) at (951) 486-3283.
WASTE MANAGEMENT CLEARANCE
68. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights-of-way. LIGHTING
HOODED/DIRECTED
69. Building colors and materials shall be in substantial conformance with
those shown on APPROVED EXHIBIT M. COLORS & MATERIALS
70. Prior to the sale of any individual structure as shown on APPROVED
EXHIBIT A, a land division shall be recorded in accordance with Ordinance
No. 460, and any other pertinent ordinance. LAND DIVISION
REQUIRED
71. Parking for this project was determined primarily on the basis of County
Ordinance No. 348, Section 18.12. a.(2).b), General Retail: 1 space/200
sq. ft. of gross floor area; Restaurants: 1 space/45 sq. ft. of serving area;
Professional Offices: 1 space/200 sq. ft. of leasable floor area; Child Care
Centers: 1 space/500 sq. ft. of gross floor area 48,489 sq. ft. of General
Retail area: 242 spaces Restaurant Parking: 130 spaces provided 58,800
sq. ft. of Office: 294 8,915 sq. ft. Child Care Center: 18 Total Parking
Required: 684 spaces Total Parking Provided: 713 spaces. BASIS FOR
PARKING
72. Signage for this project shall be limited to the signs shown on APPROVED
EXHIBITS. Any additional signage shall be approved by the Planning
Department pursuant to the requirements of Section 18.30 (Planning
Department review only) of Ordinance No. 348. LIMIT ON SIGNAGE
73. No outdoor advertising display, sign or billboard (not including on-site
advertising or directional signs) shall be constructed or maintained within
the property subject to this approval. NO OUTDOOR ADVERTISING
74. Construction of this project may be done in three (3) phases as shown on
APPROVED EXHIBIT P. Any additional phases, or modifications to the
approved phasing, may be permitted provided a plan for each phase of
development is submitted to and approved by the Planning Department.
Phasing approval shall not apply to the requirements of any agency other
than the Planning Department unless otherwise indicated by the affected
agency. PHASES ALLOWED
75. The permit holder shall connect to a reclaimed water supply for landscape
watering purposes when secondary or reclaimed water is made available
to the site. RECLAIMED WATER
76. No permanent occupancy shall be permitted within the property approved
under this conditional use permit as a principal place of residence. No
person shall use the premises as a permanent mailing address nor be
entitled to vote using an address within the premises as a place of
residence. NO RESIDENT OCCUPANCY
77. Exterior noise levels produced by any use allowed under this permit,
including, but not limited to, any outdoor public address system, shall not
exceed 45 db(A), 10-minute LEQ, between the hours of 10:00 p.m. to
7:00 a.m., and 65 db(A), 10-minute LEQ, at all other times as measured
at any residential, hospital, school, library, nursing home or other similar
noise sensitive land use. In the event noise exceeds this standard, the
permittee or the permittee's successor-in-interest shall take the necessary
steps to remedy the situation, which may include discontinued operation
of the facilities. EXTERIOR NOISE LEVELS
78. The permit holder may be required to submit periodic noise monitoring
reports as determined by the Department of Building and Safety as part of
a code enforcement action. Upon written notice from the Department of
Building and Safety requiring such a report, the permittee or the
permittee's successor-in-interest shall prepare and submit an approved
report within thirty (30) calendar days to the Department of Building and
Safety, unless more time is allowed through written agreement by the
Department of Building and Safety. The noise monitoring report shall be
approved by the Office of Industrial Hygiene of the Health Service Agency
(the permittee or the permittee's successor-in-interest shall be required to
place on deposit sufficient funds to cover the costs of this approval prior
to commencing the required report). NOISE MONITORING REPORTS
79. In the event the use hereby permitted under this permit, a) is found to be
in violation of the terms and conditions of this permit, b) is found to have
been obtained by fraud or perjured testimony, or c) is found to be
detrimental to the public health, safety or general welfare, or is a public
nuisance, this permit shall be subject to the revocation procedures.
CAUSES FOR REVOCATION
80. In the event the use hereby permitted ceases operation for a period of
one (1) year or more, this approval shall become null and void. CEASED
OPERATIONS
81. The following development standards shall apply to the sale of beer, wine,
and distilled spirits (alcohol) for off-premises consumption:
82. The owner and the management shall educate the public regarding
driving under the influence of intoxicating beverages, minimum age for
purchase and consumption of alcoholic beverages, driving with open
containers and the penalty associated with violation of these laws. In
addition, the owner and management shall provide health warnings about
the consumption of alcoholic beverages. This educational requirement
may be met by posting prominent signs, decals or brochures at points of
purchase. In addition, the owner and management shall provide adequate
training for all employees at the location as to these matters.
83. No displays of beer, wine or other alcoholic beverages shall be located
within five feet of any building entrance or checkout counter.
84. No beer, wine or other alcoholic beverage advertising shall be located in
such a manner that would be viewed from the elementary school or
dwellings.
85. No displays of beer, wine or other alcoholic beverages shall be located on
the exterior of the building or within window areas.
86. Employees selling beer and wine or other alcoholic beverages between the
hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age.
a. No sale of alcoholic beverages shall be made from a drive-in
window. ALCOHOL RESTRICTIONS
87. Prior to initial occupancy, upon tenant/occupant change, or upon change
in industrial use, the permit holder shall provide a letter from the Planning
Department to Building & Safety verifying no need for further
environmental, hazardous materials or air quality review as a result of the
change. IND OCCUPANT CHANGE
a. Within the Mt. Palomar Special Lighting Area, as defined in
Ordinance No. 655, low pressure sodium vapor lighting or overhead
high pressure sodium vapor lighting with shields or cutoff luminares,
shall be utilized. MT PALOMAR LIGHTING AREA
b. All plant materials within landscaped areas shall be maintained in a
viable growth condition throughout the life of this permit. To ensure
that this occurs, the Planning Department shall require inspections
in accordance with the Planning Department's Milestone 90
condition entitled "USE - LNDSCP/IRRIG INSTALL INS." VIABLE
LANDSCAPING
C. All landscaping plans shall be prepared in accordance with
Ordinance 859 (as adopted and any amendments thereto), the
Riverside County Guide to California Landscaping, and Ordinance
348, Section 18.12. Such plans shall be reviewed and approved by
the Planning Department, the appropriate maintenance authority,
and shall be in conformance with the PRELIMINARY LANDSCAPING
plans. LANDSCAPING REVIEW/COMPL
d. Enhanced concrete shall be installed within the site as shown on
Exhibit A. The type of enhanced concrete shall be approved by the
City of Menifee Planning Director. ENHANCED CONCRETE
e. Patio areas shall be installed for employees and patrons as shown
on Exhibit A. PATIO AREAS
f. Bollards shall be installed along the southern boundary of the day
care's playground as shown on Exhibit A and W. PROTECTIVE
BOLLARDS
g. The developer shall prepare and submit disclosure documents to the
City of Menifee Planning Department for the major tenants of the
shopping center which define the truck circulation routes throughout
the site, designate allowable delivery times and warn of citation
and/or repercussions of violation of approved routes and delivery
and pick up times. Once the disclosure document is approved by the
Planning Department, the documents will be distributed to major
tenants prior to building occupancy. Large delivery trucks shall only
be allowed to make deliveries during off-peak business hours.
TRUCK DELIVERIES
Prior to a Certain Date
Planning
88. This approval shall be used within two (2) years of the approval date;
otherwise, it shall become null and void and of no effect whatsoever. By
use is meant the beginning of substantial construction contemplated by
this approval within two (2) year period, which is thereafter diligently
pursued to completion or to the actual occupancy of existing buildings or
land under the terms of the authorized use. Prior to the expiration of the
two-year period, the permittee may request a one (1) year extension of
time in which to begin substantial construction or use of this permit.
Should the one-year extension be obtained and no substantial
construction or use of this permit be initiated within three (3) years of the
approval date this permit, shall become null and void. EXPIRATION
DATE-CUP/PUP
Prior to the Issuance of a Grading Permit
Flood Control
89. This project is a part of Parcel Map No. 35899. The project will be free of
ordinary storm flood hazard when improvements have been constructed in
accordance with approved plans. PART OF A LARGER PROJECT
Transportation
90. A clearance from the Transportation Department is required prior to the
issuance of a grading permit. °TRANSPORTATION CLEARANCE
Prior to the Issuance of a Building Permit
Health
91. A total of three complete sets of plans for each food establishment are
needed including a fixture schedule, a finish schedule, and a plumbing
schedule in order to ensure compliance with the California Uniform Retail
Food Facilities Law. FOOD PLANS REQD
Fire
92. Building Plan check deposit base fee of $1,056.00 shall be paid in a check
or money order to the Riverside County Fire Department after plans have
been approved by our office. -#17A-BLDG PLAN CHECK
93. The applicant or developer shall separately submit two copies of the water
system plans to the Fire Department for review and approval. Calculated
velocities shall not exceed 10 feet per second. Plans shall conform to the
fire hydrant types, location and spacing, and the system shall meet the
fire flow requirements. Plans shall be signed and 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." #4-
WATER PLANS
Planning
94. A clearance letter from Riverside County Waste Management District shall
be provided to the Riverside County Planning Department verifying
compliance with the conditions contained in their letter dated 3/4/08,
summarized as follows: Prior to issuance of a building permit for EACH
building, the applicant shall submit three (3) copies of a Recyclables
Collection and Loading Area plot plan to the Riverside County Waste
Management Department for review and approval. The plot plan shall
conform to Design Guidelines for Recyclables Collection and Loading Area,
provided by the Waste Management Department, and shall show the
location of and access to the collection area for recyclable materials, along
with its dimensions and construction detail, including elevation/fagade,
construction materials, and signage. The plot plan shall clearly indicate
how the trash and recycling enclosures shall be accessed by the hauler.
Prior to issuance of a building permit, a Waste Recycling Plan (WRP) shall
be submitted to the Waste. Management Department for approval. At a
minimum, the WRP must identify the materials (i.e., concrete, asphalt,
wood, etc.) that will be generated by construction and development, the
projected amounts, the measures/methods that will be taken to recycle,
reuse, and/or reduce the amount of materials, the facilities and/or haulers
that will be utilized, and the targeted recycling or reduction rate. Materials
can be taken directly to recycling facilities (Riverside County Waste
Management Department, Recycling Section, can be contacted directly at
951.486.3200 for a list of facilities), or arrangements can be made
through the franchise hauler and/or a construction clean-up business.
WASTE MGMT. CLEARANCE
95 Elevations of all buildings and structures submitted for building plan check
approval shall be in substantial conformance with the elevations shown on
APPROVED EXHIBIT B. CONFORM TO ELEVATIONS
96. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C. CONFORM TO FLOOR PLANS
97. Roof mounted equipment shall be shielded from ground view. Screening
material shall be subject to Planning Department approval. ROOF
EQUIPMENT SHIELDING
98. A fencing plan shall be submitted showing all wall and fence locations and
typical views of all types of fences or walls proposed. This plan shall
require anti-graffiti coatings on fences and walls, where applicable.
FENCING PLAN REQUIRED
99. Bike rack spaces or bike lockers shall be shown on the project's parking
and landscaping plan submitted to the Planning Department for approval.
PLANS SHOWING BIKE RACKS
100. Impacts to the Menifee Union School District shall be mitigated in
accordance with California State law. SCHOOL MITIGATION (1)
101. Impacts to the Perris Union High School District shall be mitigated in
accordance with California State law. SCHOOL MITIGATION (2)
102. All parking lot lights and other outdoor lighting shall be shown on
electrical plans submitted to the Department of Building and Safety for
plan check approval and shall comply with the requirements of Ordinance
No. 655 and the General Plan. LIGHTING PLANS
103. Prior to issuance of building permits for Conditional Use Permit No. 3581,
the Planning Department shall determine the status of the deposit-based
fees for project. If the case fees are in a negative state, the permit holder
shall pay the outstanding balance. FEE STATUS
104. Performance securities, in amounts to be determined by the Director of
Building and Safety to guarantee the installation of plantings, irrigation
system, walls and/or fences, in accordance with the approved plan, shall
be filed with the Department of Building and Safety. Securities may
require review by County Counsel and other staff. Permit holder is
encouraged to allow adequate time to ensure that securities are in place.
The performance security may be released one year after structural final,
inspection report, and the One-Year Post Establishment report confirms
that the planting and irrigation components have been adequately
installed and maintained. A cash security shall be required when the
estimated cost is $2,500.00 or less. LANDSCAPING SECURITIES
105. Prior to issuance of building permits, the permit holder shall open a
Landscape DBF case and deposit the prevailing DBF amount to cover the
Six Month and One Year Landscape Inspections. In the event that no
Landscape DBF case type is available through the County, then the
applicant shall open and deposit sufficient funds into an HR case type at
the current prevailing, Board adopted, hourly rate. The amount of hours
for the Six Month and One Year Landscape Inspections will be determined
by the County Planning Department's Landscape personnel prior to
approval of the requisite Minor Plot Plan for Planting and Irrigation.
LANDSCAPE INSPECTION
106. Prior to issuance of building permits, seven (7) copies of a Shading,
Parking, Landscaping, and Irrigation Plan shall be submitted to and
approved by the Planning Department. The location, number, genus,
species, and container size of plants shall be shown. Plans shall meet all
requirements of Ordinance No. 859 (as adopted and any amendments
thereto), the Riverside County Guide to California Friendly Landscaping,
and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and
as specified herein. The irrigation plan shall include a smart controller
capable of adjusting watering schedule based on weather data. In
addition, the plan will incorporate the use of in-line check valves, or
sprinkler heads containing check valves to prohibit low head drainage.
PARKING/LN DSCPNG PLAN
107. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights-of-way. LIGHTING
HOODED/DIRECTED
108. Landscaping and Irrigation Plan to the County Planning Department for
review and approval. Said plan shall be submitted to the Department in
the form of a plot plan application pursuant to County Ordinance No. 348,
Section 18.30.a. (1) (Plot Plans not subject to the California Environmental
Quality Act and not subject to review by any governmental agency other
than the Planning Department), along with the current fee. The plan shall
be in compliance with Section 18.12, Sections 19.300 through 19.304, and
the conditions of approval. . The plan shall show all common open space
areas. The plan shall address all areas and conditions of the tract
requiring landscaping and irrigation to be installed including, but not
limited to, (slope planting, common area and/or park landscaping, and
individual front yard landscaping). Emphasis shall be placed on using
plant species that are drought tolerant and which have low water usage.
Landscaping and Irrigation Plot Plans shall be prepared consistent with
Ordinance No. 859 (as adopted and any amendments thereto), the
Riverside County Guide to California Landscaping, and Ordinance No. 348,
Section 18.12. Landscaping plans for areas that are totally within the
road right-of-way shall be submitted to the Transportation Department
only. Slope Landscaping plans for slopes exceeding 3 feet in height shall
be submitted to the Building & Safety Department. NOTES: The
Landscape plot plan may include the requirements of any other minor plot
plan required by the subdivision conditions of approval. However, minor
plot plan conditions of approval shall be cleared individually. LANDSCAPE
PLOT PLAN
109. The applicant shall notify the Planning Department that the following
documents shall be submitted to the Office of the County Counsel and
submit said documents to Planning Department for review along with the
current fee, which documents shall be subject to County Counsel review:
a. A cover letter identifying the project for which approval is sought;
b. A signed and notarized declaration of covenants, conditions and
restrictions;
C. A sample document conveying title to the purchaser of an
individual lot or unit which provides that the declaration of
covenants, conditions and restrictions is incorporated therein by
reference; and,
d. A deposit equaling three (3) hours at the current hourly rate for the
Review of Covenants, Conditions and Restrictions as established
pursuant to Ordinance No. 671 at the time the above documents
are submitted for review by County Counsel.
e. The declaration of covenants, conditions and restrictions submitted
for review shall a) provide for a minimum term of 60 years, b)
provide reciprocal easements for ingress, egress and parking, c)
provide for the establishment of a maintenance operator, and d)
contain the following provisions verbatim: "Notwithstanding any
provision in this Declaration to the contrary, the following
provisions shall apply: The Maintenance Operator established
herein shall manage and continuously maintain the common areas
within the site, including but not limited to the 'landscape area' and
detention basin more particularly described on Exhibit 'L', attached
hereto. The Maintenance Operator shall have the right to assess
the owners of each individual parcel for the reasonable cost of
maintaining such 'landscape area' and detention basin and shall
have the right to lien the property of any such owner who defaults
in the payment of a maintenance assessment. An assessment lien,
once created, shall be prior to all other liens recorded subsequent
to the notice of assessment or other document creating the
assessment lien. This Declaration shall not be terminated,
'substantially' amended, or property deannexed therefrom absent
the prior written consent of the Planning Director of the County of
Riverside or the County's successor-in- interest. A proposed
amendment shall be considered 'substantial' if it affects the extent,
usage or maintenance of the 'common area' or any reciprocal
easement established pursuant to the Declaration." Once approved
by the Office of County Counsel, the declaration of covenants,
conditions and restrictions shall be recorded by the Planning
Department with one copy retained for the case file, and one copy
provided to the County Transportation Department - Survey
Division. CC&R C/I MO COMMON AREA
f. The enhanced concrete, patio areas and protective bollards shall be
installed within the site as shown on EXHIBIT A. SITE DESIGN
ELEMENTS
Transportation
110. Prior to the issuance of a building permit, the project proponent shall
comply with County requirements within public road rights-of-way, in
accordance with Ordinance 461. Assurance of maintenance is required 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 Transportation Department. Said annexation
should include the following:
a. Landscaping on Newport Road.
b. Streetlights on Newport Road.
C. Traffic signals located per 90.TRANS.1 condition.
d. Street sweeping.
e. For street lighting, the project proponent shall contact the
Transportation Department L&LMD 89-1-C Administrator and
submit the following:
f. Completed Transportation Department application.
g. Appropriate fees for annexation.
h. Two (2) sets of street lighting plans approved by Transportation
Department.
L A "Streetlight Authorization" form from SCE, or other electric
provider. ANNEX L&LMD/OTHER DIST
111. A separate street light plan is required for this project on Newport Road.
Street lighting shall be designed in accordance with County Ordinance 460
and Streetlight Specification Chart found in Specification Section 22 of
Ordinance 461. For projects within SCE boundaries use County of
Riverside Ordinance 461, Standard No. 1000 or No. 1001. LIGHTING
PLAN
112. Landscaping within public road right-of-way shall comply with
Transportation Department standards and Ordinance 461 and shall require
approval by the Transportation Department. Landscaping plans shall be
designed within Newport Road, and submitted to the Transportation
Department. Landscaping plans shall be submitted on standard County
plan sheet format (24" x 36"). Landscaping plans shall be submitted with
the street improvement plans. Assurance of continuous maintenance is
required by processing and filing a 'Landscape Maintenance Agreement'
through the Transportation Department Plan Check Division; or if desired
the developer may file an application for annexation into Landscaping and
Lighting Maintenance District No. 89-1-Consolidated by contacting Judy
Watterlond, Transportation Department at (951) 955-6829.
LANDSCAPING/TRAIL COM/IND
Prior to Building Final Inspection
Grading
113. The developer/applicant shall be responsible for obtaining the paving
inspections required by Ordinance 457. G4.3PAVING INSPECTIONS
Health
115. 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. HAZMAT BUS PLAN
116. If further review of the site indicates additional environmental health
issues, the Hazardous Materials Management Division reserves the right to
regulate the business in accordance with applicable County Ordinances.
HAZMAT REVIEW
117. Contact the Hazardous Materials Management Division, at (951) 358-5055
for any additional requirements. HAZMAT CONTACT
Fire
119. 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. #45-FIRE LANES
120. Install a complete fire sprinkler system per NFPA 13 2002 edition in all
buildings requiring a fire flow of 1500 GPM or greater. Sprinkler
system(s) with pipe sizes in excess of 4" in diameter will require the
project structural engineer to certify (wet signature) the stability of the
building system for seismic and gravity loads to support the sprinkler
system. All fire sprinkler risers shall be protected from any physical
damage. The post indicator valve and fire department connection shall
be located to the front, within 50 feet of a hydrant, and a minimum of 25
feet from the building(s). A statement that the building(s) will be
automatically fire sprinkled must be included on the title page of the
building plans. Applicant or developer shall be responsible to install a
U.L. Central Station Monitored Fire Alarm System. Monitoring system
shall monitor the fire sprinkler system(s) water flow, P.I.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. #12A-SPRINKLER SYSTEM
121. (CHILD CARE BUILDING) Applicant or developer shall be responsible to
install a manual and automatic Fire Alarm System. Plans must be
submitted to the Fire Department for approval prior to installation. #83-
AUTO/MAN FIRE ALARM
122. 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. #27-EXTINGUISHERS
123. A U.L. 300 hood duct fire extinguishing system must be installed over the
cooking equipment. Wet chemical extinguishing system must provide
automatic shutdown of all electrical components and outlets under the
hood upon activation. System must be installed by a licensed C-16
contractor. Plans must be submitted with current fee to the Fire
Department for review and approval prior to installation. NOTE: A
dedicated alarm system is not required to be installed for the exclusive
purpose of monitoring this suppression system. However, a new or pre-
existing alarm system must be connected to the extinguishing system. (*
Separate fire alarm plans. must be submitted for connection) #36-
HOOD DUCTS
Flood Control
124. The BMP maintenance plan shall contain provisions for all treatment
controlled BMPs to be inspected, and if required, cleaned no later than
October 15 each year. Required documentation shall identify the entity
that will inspect and maintain all structural BMPs within the project
boundaries. A copy of all necessary documentation shall be submitted to
the District for review and approval prior to the issuance of occupancy
permits. BMP MAINTENANCE & INSPECT
Planning
125. A clearance letter from Riverside County Waste Management District shall
be provided to the Riverside County Planning Department verifying
compliance with the conditions contained in their letter dated 3/4/08,
summarized as follows: Prior to final building inspection for EACH
building, the applicant shall construct the recyclables collection and
loading area in compliance with the Recyclables Collection and Loading
Area plot plan, as approved and stamped by the Riverside County Waste
Management Department and as verified by the Riverside County
Building and Safety Department through site inspection. Prior to
issuance of an occupancy permit, evidence (i.e., receipts or other type of
verification) to demonstrate project compliance with the approved WRP
shall be presented by the project proponent to the Planning/Recycling
Division of the Riverside County Waste Management Department in order
to clear the project for occupancy permits. WASTE MGMT
CLEARANCE
126. A minimum of 713 parking spaces shall be provided as shown on the
APPROVED EXHIBIT A, unless otherwise approved by the Planning
Department. The parking area shall be surfaced with asphaltic concrete,
concrete and/or porous pavement to current standards as approved by
the Department of Building and Safety and Riverside County Flood
Control District. PARKING PAVING MATERIAL
127. A minimum of fourteen (14) accessible parking spaces for persons with
disabilities shall be provided as shown on APPROVED EXHIBIT A. Each
parking space reserved for persons with disabilities shall be identified by
a permanently affixed reflectorized sign constructed of porcelain on steel,
beaded text or equal, displaying the International Symbol of Accessibility.
The sign shall not be smaller than 70 square inches in area and shall be
centered at the interior end of the parking space at a minimum height of
80 inches from the bottom of the sign to the parking space finished
grade, or centered at a minimum height of 36 inches from the parking
space finished grade, ground, or sidewalk. A sign shall also be posted in
a conspicuous place, at each entrance to the off-street parking facility,
not less than 17 inches by 22 inches, clearly and conspicuously stating
the following: "Unauthorized vehicles not displaying distinguishing
placards or license plates issued for physically handicapped persons may
be towed away at owner's expense. Towed vehicles may be reclaimed at
or by telephoning ." In addition to the above requirements, the
surface of each parking space shall have a surface identification sign
duplicating the symbol of accessibility in blue paint of at least 3 square
feet in size. ACCESSIBLE PARKING
128. A minimum of four (4) loading spaces shall be provided in accordance
with Section 18.12.a. (2)f(3).b. of Ordinance 348, and as shown on
APPROVED EXHIBIT A. The loading spaces shall be surfaced with six (6)
inches of concrete over a suitable base and shall not be less than 10 feet
wide by 35 feet long, with 14 feet vertical clearance. LOADING
SPACES
129. Roof-mounted equipment shall be shielded from ground view. Screening
material shall be subject to Planning Department approval. ROOF
EQUIPMENT SHIELDING
130. A bicycle rack with a minimum of 42 spaces shall be provided in
convenient locations to facilitate bicycle access to the project area as
shown on APPROVED EXHIBIT A. The bicycle racks shall be shown on
project landscaping and improvement plans submitted for Planning
Department approval, and shall be installed in accordance with those
plans. INSTALL BIKE RACKS
131. All utilities, except electrical lines rated 33 kV or greater, shall be installed
underground. If the permittee provides to the Department of Building
and Safety and the Planning Department a definitive statement from the
utility provider refusing to allow underground installation of the utilities
they provide, this condition shall be null and void with respect to that
utility. UTILITIES UNDERGROUND
132. A six-inch high curb with a twelve (12) inch wide walkway shall be
constructed along planters on end stalls adjacent to automobile parking
areas. Public parking areas shall be designed with permanent curb,
bumper, or wheel stop or similar device so that a parked vehicle does not
overhang required sidewalks, planters, or landscaped areas. CURBS
ALONG PLANTERS
133. Six (6) trash enclosures which are adequate to enclose a minimum of
thirteen (13) bins shall be located as shown on the APPROVED EXHIBIT A,
and shall be constructed prior to the issuance of occupancy permits. The
enclosure(s) shall be a minimum of six (6) feet in height and shall be
made with [masonry block] [chain link fencing] [landscaping screening]
and a solid gate which screens the bins from external view. Additional
enclosed area for collection of recyclable materials shall be located within,
near or adjacent to each trash and rubbish disposal area. The recycling
collection area shall be a minimum of fifty percent (50%) of the area
provided for the trash/rubbish enclosure(s) or as approved by the
Riverside County Waste Management Department. All recycling bins shall
be labeled with the universal recycling symbol and with signage indicating
to the users the type of material to be deposited in each bin. TRASH
ENCLOSURES
134. All existing outdoor advertising displays, signs or billboards shall be
removed. REMOVE OUTDOOR ADVERTISE
135. Wall and/or fence locations shall be in conformance with APPROVED
EXHIBIT A. WALL & FENCE LOCATIONS
136. If the project has been phased, all facilities meant to serve the current
phase of development shall be installed in a usable condition. Project
landscaping may not all be deferred until the final phase. PHASES MUST
BE COMPLETE
137. The Department of Building and Safety shall verify that the Development
Standards of this approval and all other preceding conditions have been
complied with prior to any use allowed by this permit. CONDITION
COMPLIANCE
138. Prior to the issuance of a certificate of occupancy, or upon building permit
final inspection prior to use or occupancy for cases without final inspection
or certificate of occupancy (such as an SMP)], whichever comes first, the
applicant shall comply with the provisions of Riverside County Ordinance
No. 810, which requires the payment of the appropriate fee set forth in
the Ordinance. The amount of the fee will be based on the "Project Area"
as defined in the Ordinance and the aforementioned Condition of
Approval. The Project Area for Conditional Use Permit No. 3581 is
calculated to be 14.04 net acres. In the event Riverside County Ordinance
No. 810 is rescinded, this condition will no longer be applicable. However,
should Riverside County Ordinance No. 810 be rescinded and superseded
by a subsequent mitigation fee ordinance, payment of the appropriate fee
set forth in that ordinance shall be required. ORD 810 O S FEE (2)
139. Prior to the issuance of either a certificate of occupancy or prior to
building permit final inspection; the applicant shall comply with the
provisions of Riverside County Ordinance No. 659, which requires the
payment of the appropriate fee set forth in the Ordinance. Riverside
County Ordinance No. 659 has been established to set forth policies,
regulations and fees related to the funding and installation of facilities and
the acquisition of open space and habitat necessary to address the direct
and cumulative environmental effects generated by new development
project described and defined in this Ordinance, and it establishes the
authorized uses of the fees collected. The amount of the fee for
commercial or industrial development shall be calculated on the basis of
the "Project Area," as defined in the.Ordinance, which shall mean the net
area, measured in acres, from the adjacent road right-of-way to the limits
of the project development. The Project Area for Conditional Use Permit
No. 3581 has been calculated to be 14.04 net acres. In the event
Riverside County Ordinance No. 659 is rescinded, this condition will no
longer be applicable. However, should Riverside County Ordinance No.
659 be rescinded and superseded by a subsequent mitigation fee
ordinance, payment of the appropriate fee set forth in that ordinance shall
be required. USE - ORD NO. 659 (DIF)
140. The permit holder's landscape architect responsible for preparing the
Landscaping and Irrigation Plans shall arrange for an Installation
Inspection with the Planning Department at least fifteen (15) working
days prior to final Inspection of the structure or issuance of occupancy
permit, whichever occurs first. Upon successful completion of the
Installation Inspection and compliance with the Planning Department's
Milestone 80 conditions entitled "USE-LANDSCAPING SECURITIES and
LANDSCAPE INSPECTION DEPOSIT," both the County Planning
Department's Landscape Inspector and the permit holder's landscape
architect shall execute a Certificate of Completion that shall be submitted
to the Planning Department and the Department of Building and Safety.
LNDSCPE/IRRIG INSTALL
141. All required landscape planting and irrigation shall have been installed in
accordance with approved Landscaping, Irrigation, and Shading Plans,
Ordinance No. 859 (as adopted and any amendments thereto), and the
Riverside County Guide to California Landscaping. All landscape and
irrigation components shall be in a condition acceptable to the Planning
Department through the implementation of the Department's Milestone
"USE - LNDSCP/IRRIG INSTALL INS." The plants shall be healthy and free
of weeds, disease or pests. The irrigation system shall be properly
constructed and determined to be in good working order. COMPLY W/
LNDSCP/IRR PLN
142. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights-of-way. LIGHTING
HOODED/DIRECTED
143. Prior to building permit occupancy, the installation of the enhanced
concrete, patio areas, and protective bollards within the site as shown on
Exhibit A shall be verified by the Planning Department. SITE DESIGN
ELEMENTS
144. The developer shall prepare and submit disclosure documents to the City
of Menifee Planning Department for the major tenants of the shopping
center which define the truck circulation routes throughout the site,
designate allowable delivery times and determine citations and/or
repercussions for violation of approved routes and delivery and loading
times. Once the disclosure document is approved by the Planning
Department, the documents will be distributed to major tenants. TRUCK
DELIVERIES
145. Sign(s) stating that "EXTENDED IDLING TRUCK ENGINES IS NOT
PERMITED" shall be located at the loading areas for all major tenants,
including, but not limited to the market and drug store, as shown on
APPROVED EXHIBIT A. The sign(s) at the entrance to facility shall not be
less than twenty-four inches square and will provide directions to truck
parking spaces with electrical hookups. The hookups will provide power
for refrigerated trailers that need to be parked on-sight for more than 15
minutes. EXTENDED TRUCK IDLING
Transportation
146. Improvement plans for the required improvements must be prepared and
shall be based upon a design profile extending a minimum of 300 feet
beyond the project boundaries at a grade and alignment as approved by
the Riverside County Transportation Department. Completion of road
improvements does not imply acceptance for maintenance by County.
IMP PLANS
147. The street design and improvement concept of this project shall be
coordinated with PM35899. ST DESIGN/IMP CONCEPT
148. A signing and striping plan is required for this project. The project
proponent shall be responsible for any additional paving and/or striping
removal caused by the striping plan. Traffic signing and striping shall be
performed by County forces with all incurred costs borne by the applicant,
unless otherwise approved by the County Traffic Engineer. SIGNING &
STRIPING
149. On existing curb and gutter, new driveways, closure of existing driveways,
sidewalks and/or drainage devices within County right-of-way, including
sewer and water laterals on Menifee Road, Newport Road, Laguna Vista
Drive, and Rockport Road shall be constructed within the dedicated right-
of-way in accordance with County Standards, Ordinance 461. Such
construction shall be shown on existing street improvement plans and
approved and permitted by the Transportation Department. NOTE: 1.
Driveways shall be constructed in accordance with County Standard No.
207A. 2. Construct AC pavement for acceleration/deceleration lane (right-
in/-out lane) at the proposed driveway on Newport Road as directed and
approved by the Director of Transportation. EXISTING CURB &
GUTTER
150. Prior to issuance of an occupancy permit, the project proponent shall
complete annexation to Landscaping and Lighting Maintenance District No.
89-1-Consolidated, and/or any other maintenance district approved by the
Transportation Department for continuous maintenance within public road
rights-of-way, in accordance with Ordinance 461. Said annexation should
include the following: (1) Landscaping on Newport Road. (2) Streetlights
on Newport Road. (3) Traffic signals. (4) Street sweeping ANNEX
L&LMD/OTHER DIST1
151. Prior to the time of issuance of a Certificate of Occupancy or upon final
inspection, whichever occurs first, the project proponent shall pay fees in
accordance with Zone "E-2" of the Menifee Valley Road and Bridge Benefit
District. The project net acreage is 14.04 acres. R & B B D
152. The land divider shall comply with the Riverside Transit Authority
recommendations as outlined in their letter dated May 29, 2008. RIV.
TRANSIT AUTHORITY
153. Prior to the issuance of an occupancy permit, the project proponent shall
pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with
the fee schedule in effect at the time of issuance, pursuant to Ordinance
No. 824. WRCOG TUMF
154. Prior to OCCUPANCY, the project proponent shall submit to Transportation
Department Permits the following: 1. "Streetlight Authorization" form
approved by L&LMD No. 89-1-C Administrator. 2. Letter establishing
interim energy account from SCE, or other electric provider.
STREETLIGHT AUTHORIZATION