PC09-012Resolution No. PC09-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING TENTATIVE PARCEL MAP NO. 34318 TO SUBDIVIDE THE MENIFEE
LAKES PLAZA SHOPPING CENTER INTO 15 COMMERCIAL PARCELS.
Whereas, in December 13, 2005, the applicant, Larry Markham, filed a formal
application with the County of Riverside for Tentative Parcel Map #34318 to subdivide
16.35 acres into fifteen (15) commercial parcels; and,
Whereas, on November 10, 2009, the Planning Commission held a duly noticed
public hearing on Tentative Parcel Map #34318, 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.
Whereas, at the November 10, 2009 Planning Commission public hearing, the
Commission found that:
1. The project site is within Specific Plan No. 158 Planning Area 1-1 which
designates the site for commercial uses. In addition, the project site is
designated as Commercial Retail (CR) (0.20-0.35 floor area ratio) on the
Sun City/Menifee Area Plan which reflects the specific plan land use.
2. The proposed subdivision of 16.35 gross acres into fifteen (15) commercial
parcels, is a permitted use in theCommercial Retail (CR) (0.20-0.35 floor
area ratio designation).
3. The proposed project is located within the Highway 79 Policy Area, but as
a commercial project, it is not subject to the policy area's requirements.
4. The project site is surrounded by properties which are designated
Commercial Retail (CR) (0.20-0.35 floor area ratio) to the south and west
and Medium Density Residential (MDR) (2-5 dwelling units per acre) to the
north and east.
5. The zoning for the subject site is Specific Plan No. 158, Planning Area 1-1
(Scenic Highway Commercial).
6. The proposed subdivision of 16.35 gross acres into fifteen (15) commercial
parcels, is a permitted use within Specific Plan No. 158, Planning Area 1-1.
7. The proposed subdivision of 16.35 gross acres into fifteen (15) commercial
parcels, is consistent with the development standards set forth within
Specific Plan No. 158, Planning Area 1-1.
8. The project site is surrounded by properties which are zoned Specific Plan
No. 158, Planning Area 1-2 (One -family, two-family and multi -family
dwellings) to the north and east, Specific Plan No. 158, Planning Area 2-7
(Scenic Highway Commercial) to the south, and Newport Hub Specific Plan
No. 248, Planning Area 1 (Scenic Highway Commercial) to the west.
Resolution No. PCO-012
Tentative Parcel Map No. 34318 — Commercial Subdivision for the Menifee Lakes Plaza
9. The proposed subdivision of 16.35 gross acres into fifteen (15) commercial
parcels is consistent with the Schedule E map requirements of Ordinance
No. 460 and all other applicable provisions.
10. Commercial uses have been constructed and are operating to the south
and west of the project site.
11. This project is not located within a Criteria Area of the Multi -Species
Habitat Conservation Plan.
12. Environmental Assessment No. 40567 identified the following potentially
significant impacts: cultural resources; hazardous materials; noise; and
transportation and circulation. These 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 Planning Commission of the City of Menifee resolves
and orders as follows:
The Findings set out above are true and correct.
2. Tentative Parcel Map No. 34318 for the subdivision of 16.35 acres into fifteen
(15) commercial parcels is approved, subject to the Conditions of Approval as set
forth in Exhibit "A" to this Resolution and as approved by the Planning
Commission on November 10, 2009.
PASSED, APPROVED AND ADOPTED this 10th day of November 2009, by the
following vote:
AYES, `
NOES:-h()JUG,
ABSENT: `nb Y-U
ABSTAIN: 'Y_lbru.,
Attest:
Kathy Bennett, City Clerk &
Planning Commission Secretary
2
EXHIBIT "A"
Conditions of Approval for
Tentative Parcel Map No. 34318
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Flood Control District
Conditions of Approval
Section V: Riverside County Fire Department Conditions
of Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
Conditions of Approval PM34318 1 of 23
Section I:
Conditions Applicable to all
Departments
Conditions of Approval PM34318 2 of 23
General Conditions
1. Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Tentative Commercial Parcel Map No.
34318 shall be henceforth defined as follows:
TENTATIVE MAP = Tentative Commercial Parcel Map No. 34318, Amended
No. 1, dated March 4, 2009.
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
2. Description. The land division hereby permitted is for a Schedule E
Subdivision of 16.35 gross acres into fifteen (15) commercial parcels ranging
in size from 0.62 gross acres to 2.41 gross acres.
3. 90 Days. The developer/owner has 90 days from the date of approval of
these conditions to protest, in accordance with the procedures set forth in
Government Code Section 66020, the imposition of any and all fees,
dedications, reservations and/or other exactions imposed on this project as a
result of the approval or conditional approval of this project. '
4. Indemnification. The developer/applicant shall indemnify, protect, defend,
and hold harmless, the City and County and any agency or instrumentality
thereof, and/or any of its officers, employees and agents (collectively the
"City and County") from any and all claims, actions, demands, and liabilities
arising or alleged to arise as the result of the applicant's performance or
failure to perform under this Plot Plan or the City's and County's approval
thereof, or from any proceedings against or brought against the City or
County, or any agency or instrumentality thereof, or any of their officers,
employees and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an action by the City or County, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning
Environmental Assessment No. 40567, Plot Plan No. 2009-052, Conditional
Use Permit No. 3487, Conditional Use Permit No. 2009-084, Conditional Use
Permit No. 2009-085, Tentative Parcel Map No. 34318 and Variance No.
1782.
5. City of Menifee. The City of Menifee is a new City incorporated on October
1, 2008; the City is studying and adopting its own ordinances, regulations,
procedures, processing and development impact fee structure. In the future
the City of Menifee will identify and put in place various processing fees to
cover the reasonable cost of the services provided. The City also will identify
and fund mitigation measure under CEQA through development impact fees.
Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services,
and development impact fees to mitigate the impact of the development
proposed on public improvements. To the extent that Menifee may develop
future financing districts to cover the costs of maintenance of improvements
Conditions of Approval PM34318 3 of 23
constructed by development, Developer agrees to petition for formation of,
annexation to or inclusion in any such financing district and to pay the cost of
such formation, annexation or inclusion.
The developer acknowledges it is on notice of the current development fees
and understands that such fees will apply at the levels in effect at the time the
fee condition must be met as specified herein.
(applicant initials)
6. Newly Incorporated City. On October 1st, 2008 the City of Menifee
incorporated. At the time the City incorporated it was required to accept all
the laws and ordinances of the County of Riverside. Over time the City will
change these ordinances either by name or content. The applicant or
successor in interest of this project will be subject to ordinances of the City of
Menifee and not those of the County of Riverside that the City has jurisdiction
over. Therefore, any condition of approval listed in this project that
references a County of Riverside Ordinance, will in fact be subject to the
equivalent City ordinance or subsequent ordinance introduced by the City.
The applicant or their successor in interest by accepting these conditions also
agrees to accept the equivalent City ordinance or subsequent ordinance
introduced by the City.
7. Comply with Ordinance 460. This land division shall comply with the State
of California Subdivision Map Act and to all requirements of Ordinance No.
460, Schedule E, unless modified by the conditions listed herein.
8. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the Menifee City Council's original approval date, unless
extended as provided by County Ordinance No. 460. Action on a minor
change and/or revised map request shall not extend the time limits of the
originally approved TENTATIVE MAP. If the TENTATIVE MAP expires before
the recordation of the final phase, no further FINAL MAP recordation shall be
permitted.
Conditions of Approval PM34318 4 of 23
Section II:
Planning Conditions of Approval
Conditions of Approval PM34318 5 of 23
General Conditions
9. Building Plans. The developer shall cause building plans to be submitted to
the City of Menifee for review by the Department of Building and Safety - Plan
Check Division. Said plans shall be in conformance with the approved
TENTATIVE MAP.
ARCHEOLOGY
10. Human Remains. If human remains are encountered, State Health and
Safety Code Section 7050.5 states that no further disturbance shall occur
until the Riverside County Coroner has made the necessary findings as to
origin. Further, pursuant to Public Resource Code Section 5097.98(b)
remains shall be left in place and free from disturbance until a final decision
as to the treatment and disposition has been made. If the Riverside County
Coroner determines the remains to be Native American, the Native American
Heritage Commission shall be contacted within a reasonable timeframe.
Subsequently, the Native American Heritage Commission shall identify the
"most likely descendant." The most likely descendant shall then make
recommendations and engage in consultation concerning the treatment of the
remains as provided in Public Resources Code Section 5097.98.
11. Inadvertent Find. If during ground disturbance activities, unique cultural
resources are discovered that were not assessed by the archaeological
report(s) and/or environmental assessment conducted prior to project
approval, the following procedures shall be followed. Unique cultural
resources are defined, for this condition, as being multiple artifacts in close
association with each other, but may include fewer artifacts if the area of the
find is determined to be of significance due to its sacred or cultural
importance.
1) All ground disturbance activities within 100 feet of the discovered
cultural resources shall be halted until a meeting is convened between
the developer, the archaeologist, the Native American tribal
representative and the Planning Director to discuss the significance of
the find.
2) At the meeting, the significance of the discoveries shall be discussed
and after consultation with the Native American tribal representative
and the archaeologist, a decision shall be made, with the concurrence
of the Planning Director, as to the appropriate mitigation
(documentation, recovery, avoidance, etc.) for the cultural resources.
3) Grading of further ground disturbance shall not resume within the area
of the discovery until an agreement has been reached by all parties as
to the appropriate mitigation.
FEES
12. Subsequent Review. Any subsequent review/approvals required by the
conditions of approval, including but not limited to grading or building plan
Conditions of Approval PM34318 6 of 23
review or review of any mitigation monitoring requirement, shall be reviewed
on an hourly basis, or other appropriate fee, as listed in Ordinance No. 671.
Each submittal shall be accompanied with a letter clearly indicating which
condition or conditions the submittal is intended to comply with.
13. Ordinance 659 Fees. Prior to the issuance of either a certificate of
occupancy or prior to building permit final inspection, the applicant shall
comply with the provisions of Ordinance No. 659, which requires the payment
of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been
established to set forth policies, regulations and fees related to the funding
and construction of facilities necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance, and it establishes the authorized uses of the fees
collected.
The fee shall be paid for each acre within this land division. In the event
Ordinance No. 659 is rescinded, this condition will no longer be applicable.
However, should Ordinance No. 659 be rescinded and superseded by a
subsequent mitigation fee ordinance, payment of the appropriate fee set forth
in that ordinance shall be required.
Prior to Final Map
14. Final Map. After the approval of the TENTATIVE MAP and prior to the
expiration of said map, the developer/owner shall cause the real property
included within the TENTATIVE MAP, or any partthereof, to be surveyed and
a FINAL MAP thereof prepared in accordance with the current Transportation
Department - Survey Division requirements, the conditionally approved
TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460.
15. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or
registered civil engineer.
16. CC&Rs. The applicant shall notify the Planning Department that the
following documents shall be submitted to the Office of the City Attorney and
submit said documents to Planning Department for review along with the
current fee, which documents shall be subject to City Attorney review:
a. A cover letter identifying the project for which approval is sought;
b. A signed and notarized declaration of covenants, conditions and
restrictions;
c. A sample document conveying title to the purchaser of an individual lot or
unit which provides that the declaration of covenants, conditions and
restrictions is incorporated therein by reference; and,
d. A deposit equaling three (3) hours at the current hourly rate for the
Review of Covenants, Conditions and Restrictions as established pursuant to
Ordinance No. 671 at the time the above documents are submitted for review
by the City Attorney.
The declaration of covenants, conditions and restrictions submitted for review
shall a) provide for a minimum term of 60 years, b) provide reciprocal
Conditions of Approval PM34318 7 of 23
easements for ingress, egress and parking, c) provide for the establishment
of a maintenance operator, and d) contain the following provisions verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the
following provisions shall apply:
The Maintenance Operator established herein shall manage and continuously
maintain the 'landscape area', more particularly described on Exhibit 'L',
attached hereto.
The Maintenance Operator shall have the right to assess the owners of each
individual parcel for the reasonable cost of maintaining such 'landscape area',
and shall have the right to lien the property of any such owner who defaults in
the payment of a maintenance assessment. An assessment lien, once
created, shall be prior to all other liens recorded subsequent to the notice of
assessment or other document creating the assessment lien.
This Declaration shall not be terminated, 'substantially' amended, or property
de -annexed therefrom absent the prior written consent of the Planning
Director or the successor -in- interest. A proposed amendment shall be
considered 'substantial' if it affects the extent, usage or maintenance of the
'common area' or any reciprocal easement established pursuant to the
Declaration."
Once approved by the City Attorney, the declaration of covenants, conditions
and restrictions shall be recorded by the Planning Department with one copy
retained for the case file, and one copy provided to the Engineering
Department.
17. ECS. The developer/owner shall prepare an Environmental Constraints
Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460,
which shall be submitted as part of the plan check review of the FINAL MAP.
18. Dark Sky Ordinance. The following Environmental Constraints Note shall be
placed on the ECS:
"This property is subject to lighting restrictions as required by the Menifee
Municipal Code Chapter 6.01, the "Dark Sky Ordinance", which are intended
to reduce the effects of night lighting on the Mount Palomar Observatory. All
proposed outdoor lighting systems shall be in conformance with the Dark Sky
Ordinance.
19. Survey Checklist. The Engineering Department shall review any FINAL
MAP and ensure compliance with the following:
A. All lots on the FINAL MAP shall be in substantial conformance with
the approved TENTATIVE MAP relative to size and configuration.
B. All lots on the FINAL MAP shall comply with the length to width ratios,
as established by Section 3.8.C. of Ordinance No. 460.
Conditions of Approval PM34318 8 of 23
C. The common open space areas shall be shown as numbered lots on
the FINAL MAP.
D. The total number of commercial lots on the final map shall be 15.
FEES
20. Fees. Prior to recordation, the Planning Department shall determine if the
deposit based fees for the TENTATIVE MAP are in a negative balance. If so,
any unpaid fees shall be paid by the developer/owner and/or the
developer/owner's successor -in -interest.
Prior to Issuance of Grading Permit
21. No Grading Permits. PM34318 is a Schedule E subdivision. No grading
permits shall be issued pursuant to this subdivision.
Prior to Issuance of Building Permit
22. No Building Permits. PM34318 is for a Schedule E subdivision. No building
permits shall be issued pursuant to this subdivision. '
Conditions of Approval PM34318 9 of 23
Section III:
Engineering/Transportation/
Grading Conditions of Approval
Conditions of Approval PM34318 10 of 23
General Conditions
23. Traffic Study. The Riverside County Transportation Department has
reviewed the traffic study submitted for the referenced project. The study has
been prepared in accordance with County -approved guidelines. We generally
concur with the findings relative to traffic impacts.
The General Plan circulation policies require a minimum of Level of Service
'C', except that Level of Service 'D' may be allowed in community
development areas at intersections of any combination of secondary
highways, major highways, arterials, urban arterials, expressways or state
highways and ramp intersections.
The study indicates that it is possible to mitigate the project's impacts for the
following intersections based on the traffic study assumptions.
Haun Road (NS) at:
Newport Road (EW)
1-215 Southbound Ramps (NS) at:
Newport Road (EW)
1-215 Northbound Ramps (NS) at:
Newport Road (EW)
Antelope Road (NS) at:
Balsa Road (EW)
Pampas Street (EW)
Palm Villa Drive (EW)
Newport Road (EW)
La Piedra Road (EW)
Menifee Road (NS) at:
Newport Road (EW)
As such, the proposed project is consistent with this General Plan policy.
The associated conditions of approval incorporate mitigation measures
identified in the traffic study, which are necessary to achieve or maintain the
required level of service.
24. Downstream Properties. The developer/owner shall protect downstream
properties from damages caused by alteration of the drainage patterns, i.e.,
concentration or diversion of flow. Protection shall be provided by
constructing adequate drainage facilities including enlarging existing facilities
and/or by securing a drainage easement. All drainage easements shall be
shown on the final map and noted as follows:
Conditions of Approval PM34318 11 of 23
"Drainage Easement - no building, obstructions, or encroachments by
landfills are allowed".
The protection shall be as approved by the Transportation Department.
25. Off -site Drainage. The developer/owner shall accept and properly dispose
of all off -site drainage flowing onto or through the site. In the event the
Transportation Department permits the use of streets for drainage purposes,
the provisions of Article XI of Ordinance No. 460 will apply. Should the
quantities exceed the street capacity or the use of streets be prohibited for
drainage purposes, the subdivider shall provide adequate drainage facilities
and/or appropriate easements as approved by the Transportation
Department.
26. Ordinance 460/461. With respect to the conditions of approval for the
referenced tentative exhibit, the developer/owner shall provide all street
improvements, street improvement plans and/or road dedications set forth
herein in accordance with Ordinance 460 and Road Improvement Standards
(Ordinance 461) and as approved by the City Engineer. It is understood that
the tentative map correctly shows acceptable centerline elevations, all
existing easements, traveled ways, and drainage courses' with appropriate
Q's, and that their omission or unacceptability may require the map to be
resubmitted for further consideration. These Ordinances and all conditions of
approval are essential parts and a requirement occurring in ONE is as
binding as though occurring in all. All questions regarding the true meaning of
the conditions shall be referred to the City Engineer.
Prior to Final Map
27. Traffic Signals. The project developer/owner shall be responsible for the
design of traffic signal(s) at the intersections of:
Antelope Road (NS) at:
Pampas Street (EW)
Palm Villa Drive (EW)
Newport Road (EW) (modification)
with no fee credit given for Traffic Signal Mitigation fees or as approved by
the City Engineer.
28. Geometrics
Newport Road and project driveway (right -in only)
• Eastbound: Three through lanes
• Westbound: Three through lanes, one right -in -only turn lane (five
through lanes will be provided with the ultimate 1-215/Newport Road
Interchange)
Newport Road and Antelope Road intersection area
• Northbound: two left -turn lanes, one through lane, one shared
through/right-turn lane
Conditions of Approval PM34318 12 of 23
Southbound: two left -turn lanes, one through lane, one shared
through/right-turn lane, and one right turn lane.
Eastbound: two left -turn lanes, two through lanes, one shared
through/right- turn lane
Westbound: one left -turn lane, two through lanes, one shared
through/right-turn lane
Antelope Road at Palm Villa Drive:
• Northbound: one left -turn lane, one through lane, one shared
through/right-turn lane, begin 8' bike lane
• Southbound: one left -turn lane, one through lane, one shared
through/right-turn lane, end 8' bike lane
• Eastbound: one left -turn lane, one shared through/right-turn lane
• Westbound: one left -turn, one shared through/right-turn lane
Antelope Road at Pampas Street:
• Northbound: one left -turn lane, one through lane, one shared
through/right-turn lane, 8' bike lane
• Southbound: one left -turn lane, one through lane, one shared
through/right-turn lane, 8' bike lane
• Eastbound: one left -turn lane, one shared through/right-turn lane
• Westbound: one left -turn, one shared through/right-turn lane
Antelope Road at Balsa Road intersection:
• Northbound: one left -turn lane, one through lane, one shared
through/right-turn lane, one 8' bike lane
• Southbound: one left -turn lane, one through lane, one shared
through/right-turn lane, one 8' bike lane
• Eastbound: one shared left-turn/through/right-turn lane
• Westbound: one shared left-turn/through/right-turn lane
Antelope Road and Project Driveway between Balsa Road and Pampas Street:
• Northbound: two through lanes, 8' bike lane
• Southbound: two through lanes, 8' bike lane
• Eastbound: one right -turn lane
• NOTE: Driveway will be restricted to right -turns in and out only.
Antelope Road and Proiect's northern most driveway:
• Northbound: two through lanes, 8' bike lane
• Southbound: one through lane, one shared through/right-turn lane, 8'
bike lane
• Eastbound: one right -turn lane
• NOTE: Driveway will be restricted to right -turns in and out only.
Or as approved by the City Engineer.
All improvements listed are requirements for interim conditions only. Full
right-of-way and roadway half sections adjacent to the property for the
Conditions of Approval PM34318 13 of 23
ultimate roadway cross-section per the City's Road Improvement Standards
and Specifications must be provided.
Any off -site widening required to provide these geometrics shall be the
responsibility of the landowner/developer.
29. Improvement Plans. Improvement plans for the required improvements
must be prepared and shall be based upon a design profile extending a
minimum of 300 feet beyond the project boundaries at a grade and
alignment as approved by the City Engineering Department. Completion of
road improvements does not imply acceptance for maintenance by City.
30. Soils & Pavement Report. The developer/owner shall submit a preliminary
soils and pavement investigation report addressing the construction
requirements within the road right-of-way.
31. Caltrans. Prior to issuance of construction permits, grading and drainage
plans shall be forwarded to Caltrans for their review. The grading and
drainage plans shall identify site runoff impacts to the right-of-way and
include potential for erosion within the right-of-way. The plans shall identify
the capacity of existing drainage structures within the right-of-way where
connections between private and Caltrans systems are proposed. Existing
capacity of affected State drainage systems cannot be exceeded. Should
100 year project runoff volumes be determined to exceed the maximum
capacity of the existing State drainage facilities, construction of on -site
detention basins, new drainage systems or other impact mitigation will be
required.
An encroachment permit will be required from Caltrans prior to any
construction within the State right-of-way. In addition, all work undertaken
within the right-of-way shall be in compliance to all current design
standards, applicable policies .and construction practices.
32. Final Map to Caltrans. A copy of the final map shall be submitted to
Caltrans, District 08, Post Office Box 231, San Bernardino, California 92403;
Attention: Project Development, for review and approval prior to recordation.
33. Easements. Any easement not owned by a public utility, public entity or
subsidiary, not relocated or eliminated prior to final map approval, shall be
delineated on the final map in addition to having the name of the easement
holder, and the nature of their interests, shown on the map.
34. Lot Access. Lot access shall be restricted on Newport Road and so noted
on the final map, with the exception of right -in driveway located 260'
approximately west of Antelope Road.
35. Coordinate Street Design. The street design and improvement concept of
this project shall be coordinated with Newport Road/1-215 interchange
project, 135-0682.
Conditions of Approval PM34318 14 of 23
36. Signing and Striping Plan. A signing and striping plan is required for this
project. The applicant shall be responsible for any additional paving and/or
striping removal caused by the striping plan. The striping plan shall provide
striping for an eight -foot bike lane on Antelope Road from Palm Villa Drive to
the north most project limit. Traffic signing and striping shall be performed by
City forces with all incurred costs borne by the applicant, unless otherwise
approved by the City Traffic Engineer.
37. Landscaping in Right -of -Way. The project developer/owner shall comply in
accordance with landscaping requirements within public road rights -of -way, in
accordance with Ordinance 461. Landscaping shall be improved within
Newport Road. Landscaping plans shall be submitted on standard City Plan
sheet format (24" X 36"). Landscaping plans shall be submitted with the
street improvement plans. If landscaping maintenance to be annexed to a
Landscaping and Lighting Maintenance District, landscaping plans shall
depict ONLY such landscaping, irrigation and related facilities as are to be
placed within the public road rights -of -way.
38. Streetlight Plan. A separate street light plan is required for this project.
Street lighting shall be designed in accordance with Ordinance 460 and
Street Light Specification Chart found in Specification Section 22 of
Ordinance 461. For projects within SCE boundaries use County of Riverside
Ordinance 461, Standard No's 1000 or 1001. For projects within Imperial
Irrigation District (IID) use IID's pole standard.
39. Corner Cutbacks. The corner cutback at intersection of Newport Road and
Antelope Road shall be applied per Standard 805, Ordinance 461.
40. L&LMD. The project developer/owner shall contact the Transportation
Department L&LMD 89-1-C Administrator and submit the following:
1) Completed Transportation Department application
2) Appropriate fees for annexation.
3) (2)Sets of street lighting plans approved by Transportation
Department.
4) "Streetlight Authorization" form from SCE, IID or other electric
provider.
41. Benefit District. Prior to the recordation of the final map, or any phase
thereof, the project developer/owner shall pay fees in accordance with Zone
D of the Menifee Valley Road and Bridge Benefit District. Should the project
developer/owner choose to defer the time of payment, a written request shall
be submitted to the City, deferring said payment to the time of issuance of a
building permit. Fees which are deferred shall be based upon the fee
schedule in effect at the time of issuance of the permit.
Conditions of Approval PM34318 15 of 23
42. Utilities. Electrical power, telephone, communication, street lighting, and
cable television lines shall be designed to be placed underground in
accordance with ordinance 460 and 461, or as approved by the City
Engineering Department. The applicant is responsible for coordinating the
work with the serving utility company. This also applies to existing overhead
lines which are 33.6 kilovolts or below along the project frontage and between
the nearest poles offsite in each direction of the project site. A disposition
note describing the above shall be reflected on design improvement plans
whenever those plans are required. A written proof for initiating the design
and/or application of the relocation issued by the utility company shall be
submitted to the City Engineering Department for verification purposes.
43. Improvements. Antelope Road from Newport Road to northern most project
limit is a paved City maintained road designated as a Secondary Highway with
existing curb and gutter on the west side and existing curb and gutter and
sidewalk on the east side. Antelope Road from the service station driveway to
Newport road shall be widened for a designated right turn lane and match
existing asphalt at the sawcut joint. Reconstruction or resurfacing of the
existing Antelope Road pavement will be determined by the Engineering
Department and the work and associated cost will be the responsibility of the
Applicant.
NOTE: 1. A 6' sidewalk shall be constructed adjacent to curb line within the
12' parkway.
2. The curb returns at entries of Palm Villa Drive and Pampas Street
shall be constructed at a 35' radius as shown on entry exhibits
transmitted by CSL Engineering on 2/23/09 and as directed by the
City Engineer.
Newport Road from Antelope Road to 400' westerly is a paved City
maintained road designated as an Urban Arterial Highway and shall be
improved with 8" concrete curb and gutter located 72' to 99 feet from
centerline to curb line, and match up asphalt concrete paving; reconstruction;
or resurfacing of existing paving as determined by the City Engineering
Department within the 84' to 111 foot half -width dedicated right-of-way in
accordance with Section A -A and Section B-B shown on "Improvement
Exhibit for the Menifee Commercial Center," prepared by CSL Engineering.
NOTE: 1. A 6' sidewalk (along site frontage) shall be constructed adjacent to
curb line within the 12' parkway.
2. Additional grading to be done between proposed taper and
proposed right-of-way (96' from centerline) per Improvement
Exhibit.
44. Street Sweeping. The project developer/owner shall file an application for
annexation into County Service Area 152 (CSA 152) for street sweeping
through the CSA Administrator; or enter into a similar mechanism as
approved by the City Engineer.
45. Dedicate Roadway Easements. The applicant shall dedicate roadway
easements for maintenance purposes at driveway entries of Palm Villa Drive
Conditions of Approval PM34318 16 of 23
and Pampas Street as shown on Entry Exhibits transmitted by CSL
Engineering on 2/23/09 and as directed by Transportation Department.
Prior to Issuance of Grading Permit
46. No Grading Permit. A PRECISE GRADING PERMIT WILL NOT BE
ISSUED, BY THE BUILDING AND SAFETY DEPARTMENT, FOR ANY
PARCEL(S) OF THIS SUBDIVISION - UNLESS AN APPROPRIATE LAND
USE PERMIT HAS ALSO BEEN ISSUED BY THE PLANNING
DEPARTMENT AND APPROVED BY THE CITY COUNCIL, FOR THAT
SAME PARCEL(S).
Conditions of Approval PM34318 17 of 23
Section IV:
Riverside County Flood Control
District Conditions of Approval
General Conditions
Conditions of Approval PM34318 18 of 23
47. Flood Hazard Report. Parcel Map 34318 is a proposal to subdivide 16.35-
acres into commercial parcels in the City of Menifee.
The site is located east of the 1-215, west of Antelope Road and north of
Newport Road. This site is relatively flat and drains in a northerly direction to
Salt Creek to the north. This development is being processed concurrently
with PP2009-052 and CUP 3487. Water quality mitigation for the site is being
addressed with PP2009-052.
If grading is proposed under this case, the conditions for PP2009-052 shall
be met.
48. Phases. If the development of the site is constructed in phases, the first
phase of the development must construct all the water quality mitigation
features for the entire site. Alternatively, a WQMP feature to serve a specific
phase of a project can be constructed either 1) within the limits of the phase
or 2) outside of the boundaries of the phase. In the case of the latter, the
BMP shall be constructed within an easement and this easement shall be
recorded.
It should be noted that future phases of the development will be required to
provide not only any water quality mitigation features required for that
particular development but must also account for the mitigation features
located on that particular site. All mitigation features shall comply with the
current regulations of the Regional Water Quality Board.
Prior to Final Map
49. ECS Sheet. A copy of the environmental constraint sheet and the final map
shall be submitted to the Riverside County Flood Control District for review
and approval. All submittals shall be date stamped by the engineer and
include the appropriate plan check fee.
50. Drainage Facilities. Onsite drainage facilities/water quality features located
outside of road right of way shall be contained within drainage easements
shown on the final map. A note shall be added to the final map stating,
"Drainage easements shall be kept free of buildings and obstructions".
Prior to Issuance of Grading Permit
51. Grading. If grading is proposed under this case, the conditions for Plot Plan
No. 2009-052 shall be met.
Conditions of Approval PM34318 19 of 23
Section V:
Riverside County Fire Department
Conditions of Approval
General Conditions
Conditions of Approval PM34318 20 of 23
52. Pavement Markers. Blue retroreflective pavement markers shall be mounted
on private streets, public streets and driveways to indicate location of fire
hydrants. Prior to installation, placement of markers must be approved by the
Riverside County Fire Department.
53. Fire Hydrants. Approved super fire hydrants, (6"x4"x2 1/2"x2 1/2") shall be
located at each street intersection and spaced not more than 330 feet apart in
any direction, with no portion of any lot frontage more than 165 feet from a
fire hydrant.
Prior to Final Map
54. Water System Plans. The applicant or developer shall furnish one copy of
the water system plans to the Fire Department for review. Plans shall be
signed by a registered civil engineer, containing a Fire Department approval
signature block, ' and shall conform to hydrant type, location, spacing and
minimum fire flow. Once plans are signed by the local water company, the
originals shall be presented to the Fire Department for signature.
55. ECS Note. ECS map must be stamped by the City of Menifee Surveyor with
the following note: The required water system, including fire hydrants, shall
be installed and accepted by the appropriate water agency prior to any
combustible building material placed on an individual lot.
Conditions of Approval PM34318 21 of 23
Section VI:
Riverside Countv Environmental
Health Conditions of Approval
Conditions of Approval PM34318 22 of 23
General Conditions
56. EMWD Service. All lots under Parcel Map#34318 are proposing Eastern
Municipal Water District (EMWD) water and sewer service. It is the
responsibility of the developer to ensure that all requirements to obtain water
and sewer service for each lot are met with EMWD, as well as, all other
applicable agencies. Any existing septic system(s) must be properly removed
or abandoned under permit with the Department of Environmental Health
(DEH).
Prior to Final Map
57. Water System. A water system shall have plans and specifications approved
by the water company and the Department of Environmental Health.
58, Securities. Financial arrangements (securities posted) must be made for the
water improvement plans and be approved by City Attorney.
59. Sewer System. A sewer system shall have mylar plans and specifications as
approved by the District, the Survey Department and the Department of
Environmental Health.
60. Annexation. Annexation proceedings must be finalized with the applicable
purveyor for sanitation service.
The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
Signed
Name (please print)
Date
Title (please print).
Conditions of Approval PM34318 23 of 23
Conditions added to Menifee Lakes per the Planning Commission:
1. Bus Stop. The Riverside Transit Agency (RTA) currently has bus routes serving the project site.
Therefore, Prior to Building Permit Occupancy, the developer shall work with the Riverside
County Transit Agency to provide a bus stop.
2. Native American Monitoring. Tribal monitor(s) from the appropriate Native American
Tribe(s) shall be required on -site during all ground disturbing activities, including grading,
stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder
shall retain a qualified tribal monitor from the Pechanga Band of Luiseno Indians. Prior to
issuance of a grading permit, the developer shall submit a copy of a fully signed contract
between the above mentioned Tribe and the land divider/permit holder for the monitoring
and any necessary mitigation of the project, and which addresses the treatment of cultural
resources, to the Planning Department and to the Department of Building and Safety. The
Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt
the ground disturbance activities to allow recovery of cultural resources, in coordination
with the Project Archaeologist.
3. Drive Aisle Configuration Between Pad 2 and Pad 3. The final design of the drive aisles and
parking area between Pad 2 and Pad 3 shall be determined by the Engineering Department
or as approved by the City Manager prior to issuance of the first building permit for the
project. In addition, prior to the issuance of the first building permit, a final site plan shall
be submitted showing the approved revised configuration.
4. Lighting Plan. Prior to building permit issuance, the developer shall submit a lighting plan for
the project site for review and approval, by the Planning Department. The lighting plan shall
include parking lot lighting, lighting along sidewalks within the shopping center and lighting
affixed to the buildings. Lighting fixtures shall be architecturally enhanced and no shoe box
lighting will be allowed within the project site.
5. Raised Median along Antelope. A raised median with appropriate landscaping shall be
provided along Antelope Road extending from the Palm Villa Drive, with breaks at the project
driveways at Pampas Street and Balsa Road, to the northern boundary of the project, or as
approved by the City Engineer. The median shall be shown on the street improvement plans.
Landscaping plans for the raised median shall be submitted to the Engineering Department for
review and approval.
6. Architecture. Prior to building permit issuance, revised elevations shall be provided to the
Planning Department. The architecture for the site shall be revised to include additional
enhancements and architectural articulation as approved by the Community Development
Director.