PC10-048Resolution 10-048
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING PLOT PLAN NO.2009-121
Whereas, in March 2007 the applicant, Walmart Stores, Inc., filed formal
applications with the County of Riverside (the local government authority for the project
area at that time) for Plot Plan No. 22674 (City Case #2009-121) (the "Project") for a
240,980 sq. ft. shopping center; and
Whereas, on March 10, 2008, the County of Riverside publicly noticed its
decision to prepare an environmental impact report (EIR) for the Project by noticing the
State Clearinghouse, related agencies, and other government agencies; and
Whereas, on April 21, 2008, the County of Riverside Planning Director held a
duly noticed public scoping meeting regarding the preparation of the EIR to discuss and
hear from the public on the potential environmental impacts, which meeting was publicly
noticed by a publication in the newspaper of general circulation, an agenda posting,
notice to property owners within a 600-foot radius from the Project site boundaries, at
least 10 days prior to the public meeting; and
Whereas, on October 1, 2008, the City of Menifee incorporated and then
became the local government authority for the project area; and
Whereas, between December 14, 2009 and February 1, 2010, the State -
mandated 45-day public review period for the Draft EIR took effect, which was publicly
noticed by a publication in the newspaper of general circulation, notice to owners within
600 feet of the Project site boundaries, related agencies and government agencies,
copies of the Draft EIR sent to the State Clearinghouse, a copy placed at the City Hall
public counter and a copy placed at the Paloma Valley library; and
Whereas, on December 14, 2009, the Draft EIR was distributed to the Planning
Commission for review; and
Whereas, eleven comments were received during the public review period; and
Whereas, on March 9, 2010, the Planning Commission of the City of Menifee
held a duly noticed public workshop regarding the proposed project, which was publicly
noticed with an agenda posting; and
Whereas, on July 29, 2010, the Final EIR was completed and distributed to the
Planning Commission for review and distributed to those agencies and persons that
submitted written comments on the Draft EIR, and copies of the Final EIR were placed at
the City Hall public counter and at the Paloma Valley library; and
Whereas, on August 10, 2010, the Planning Commission held a duly noticed
public hearing on the EIR and the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for the Statement of
Overriding Consideration of Environmental Impact and the Environmental Impact Report
(EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan
#2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No.
2009-143, 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 boundaries, and to persons requesting public notice; and
Resolution No. 10-048
Plot Plan for Menifee Shopping Center
October 12, 2010
Whereas, at the August 10, 2010 Planning Commission public hearing, the
Commission continued the project in order for the applicant and staff to address
comment letters that were received; and,
Whereas, on August 24, 2010, the Planning Commission held a subsequent
public hearing on the EIR and the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for the Statement of
Overriding Consideration of Environmental Impact and the Environmental Impact Report
(EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan
#2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No.
2009-143, which hearing did not require an additional public notice pursuant to
Ordinance 348, Section 1.11; and,
Whereas, at the August 24, 2010 Planning Commission public hearing, the
Commission continued the project in order for the applicant and staff to finalize the traffic
conditions of approval; and,
Whereas, on September 14, 2010, the Planning Commission held a subsequent
public hearing on the EIR and the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for the Statement of
Overriding Consideration of Environmental Impact and the Environmental Impact Report
(EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan
#2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No.
2009-143, which hearing did not require an additional public notice pursuant to
Ordinance 348, Section 1.11; and,
Whereas, at the September 14, 2010 Planning Commission public hearing, the
Commission continued the project in order for the applicant and staff to bring back
additional information on traffic impacts; and,
Whereas, on October 12, 2010, the Planning Commission held a subsequent
public hearing on the EIR and the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for the Statement of
Overriding Consideration of Environmental Impact and the Environmental Impact Report
(EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan
#2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No.
2009-143, which hearing did not require an additional public notice pursuant to
Ordinance 348, Section 1.11; and,
Whereas, at the October 12, 2010 Planning Commission public hearing, the
Commission found that:
1. The proposed use conforms to all the requirements of the General Plan and all
applicable requirements of State law, the ordinances of Riverside County as
adopted by the City of Menifee and any new ordinances adopted by the City.
2. The project site is designated Community Development: Commercial Retail
(CD:CR) (0.20-0.35 floor area ratio) on the Sun City/Menifee Valley Area Plan.
Resolution No. 10-048
Plot Plan for Menifee Shopping Center
October 12, 2010
3. The proposed use, shopping center, is a permitted use in the Community
Development: Commercial Retail (CD: CR) (0.20-0.35 floor area ratio)
designation.
4. The project site is surrounded by properties which are designated Community
Development: High Density Residential (CD: HDR) (8-14 dwelling units per acre)
to the north; Community Development: Commercial Retail (CD: CR) (0.20-0.35
floor area ratio) and Community Development: Light Industrial (CD: LI) (0.25-0.60
floor area ratio) to the south; Community Development: Commercial Retail (CD:
CR) (0.20-0.35 floor area ratio) to the east; and, Community Development:
Business Park (CD: BP) (0.25-0.60 floor area ratio) to the west.
5. The proposed zoning for the subject site is Scenic Highway Commercial (C-P-S).
6. The proposed use, shopping center, is a permitted use, in the General Scenic
Highway Commercial (C-P-S) zone.
7. The proposed use, shopping center, is consistent with the development
standards set forth in the Scenic Highway Commercial (C-P-S) zone.
8. The project site is surrounded by properties which are zoned Scenic Highway
Commercial (C-P-S) to the north, south and east, and Industrial Park to the west.
9. The proposed signs affixed to the Walmart building (8' x 37' 3" "Walmart" sign, 3'
5'/" x 29' 8 Y2" "Market & Pharmacy" sign, 3' 4" x 21' 9 Y2" "Home & Living" sign,
and the 3' 5" x 22' 8" "Outdoor Living" sign on the front of the building and a 5' 6" x
8' "Walmart" sign on the west elevation) are consistent with Ordinance No. 348,
Section 19.4, b. "Signs Affixed to Buildings."
10. The public's health, safety, and general welfare are protected through project
design.
11. The proposed project is compatible with the present and future logical
development of the area.
12. The plan considers the location and need for dedication and improvement of
necessary streets and sidewalks, including the avoidance of traffic congestion
and takes into account topographical and drainage conditions, including the need
for dedication and improvements of necessary structures as a part thereof.
13. This project is not located within a Criteria Area of the Multi -Species Habitat
Conservation Plan.
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
1. The Findings set out above are true and correct.
2. Plot Plan No. 2009-121 for a 240,980 sq. ft. shopping center, is approved subject
to the Conditions of Approval and Mitigation Monitoring Plan as set forth in
Exhibit "1" to this Resolution and as approved by the Planning Commission on
October 12, 2010.
Resolution No. 10-048
Plot Plan for Menifee Shopping Center
October 12, 2010
PASSED, APPROVED AND ADOPTED THIS 12'h DAY OF OCTOBER, 2010, BY THE
FOLLOWING VOTE:
ATTEST:
Matthew Liesemeyer, Chair
i
-j
Kathy Bennett, City Clerk
Approved as to form:
Karen Feld, City Attorney
Wallace W. Edgerton
Mayor
Fred Twyman
Mayor Pro Tern
John V. Denver
Councilmember
Darcy Kuenzi
Councilmember
Scott A. Mann
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityoftenifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
foregoing Resolution No. 10-048 was duly adopted by the Planning Commission
of the City of Menifee at a meeting thereof held on the 12t' day of October, 2010
by the following vote:
Ayes:
Vesey, Zimmerman, Thomas, Liesemeyer
Noes:
Miller
Absent:
None
Abstain:
None
MaA4�E
Kathy Bennett, City Clerk
EXHIBIT "1"
Conditions of Approval for Plot Plan No. 2009-121
240,980 sa. ft. Shopping Center
Section I: Conditions applicable to All Departments
Section II: Planning- Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Flood Control District
Conditions of Approval
Section V: Riverside County Fire Department Conditions
of Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
Section VII: Riverside County Environmental Programs
Department Conditions of Approval
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
1 of 56
Section
Conditions Applicable to all
Departments
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
2 of 56
General Conditions
Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Plot Plan No. 2009-121 shall be
henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2009-121, Amended
No. 3, dated May 1, 2009.
APPROVED EXHIBIT B = Elevations for the Major Retail Building (Wal-
Mart), Automotive Building and Retail Shops of Plot Plan No. 2009-121,
Amended No. 3, dated May 1, 2009.
APPROVED EXHIBIT C = Floor Plans for the Major Retail Building (Wal-
Mart), Automotive Building and Retail Shops Plot Plan No. 2009-121,
Amended No. 3, dated May 1, 2009.
APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 2009-121,
Amended No. 3, dated May 1, 2009.
APPROVED EXHIBIT L = Conceptual Landscaping and Fencing Plans for
Plot Plan No. 2009-121, Amended No. 3, dated May 1, 2009.
APPROVED EXHIBIT M = Colors and Material Board for Plot Plan No.
2009-121, Amended No. 3, dated May 1, 2009.
APPROVED EXHIBIT D = Design Guidelines for Gas Station, including
Canopy and Convenience Store, and Food Buildings of Plot Plan No. 2009-
121, Amended No. 3, dated January 27, 2010.
2. Project Description Plot Plan No. 2009-121. The use hereby permitted is
for construction and operation of a shopping center. The shopping center
consists of a "major" retail anchor (Walmart) totaling approximately 205,000
square feet, including outdoor garden center uses and ancillary uses as
described in the EIR, a 3,200-square-foot fast food restaurant with drive -
through, a 2,800-square-foot convenience store with 16-pump fueling station
and a drive -through car wash, a 3,000-square-foot fast food restaurant with
drive -through, a 6,500-square-foot high turnover sit-down restaurant, 13,800
square feet of retail shops, and a 6,680-square-foot automobile service and
repair.
3. Indemnification. The developer/applicant shall indemnify, protect, defend,
and hold harmless, the City and County and any agency or instrumentality
thereof, and/or any of its officers, employees and agents (collectively the
"City and County") from any and all claims, actions, demands, and liabilities
arising or alleged to arise as the result of the applicant's performance or
failure to perform under this Plot Plan or the City's and County's approval
thereof, or from any proceedings against or brought against the City or
County, or any agency or instrumentality thereof, or any of their officers,
employees and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an action by the City or County, or any agency or
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
3of56
instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning
Environmental Impact Report No. 508, Tentative Parcel Map No. 35261, Plot
Plan No. 2009-121 (County Case No. 22674), Conditional Use Permit No.
2009-142 (County Case No. CUP03596), and Conditional Use Permit No.
2009-143 (County Case No. CUP03597).
4. 90 Days to Protest. The project developer has 90 days from the date of
approval of these conditions to protest, in accordance with the procedures set
forth in Government Code Section 66020, the imposition of any and all fees,
dedications, reservations and/or other exactions imposed on this project as a
result of this approval or conditional approval of this project.
5. Newly Incorporated City. The City of Menifee is a new City incorporated
on October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure.
In the future the -City of Menifee will identify and put in place various
processing fees to cover the reasonable cost of the services provided. The
City may identify and fund mitigation measures under CEQA through
development impact fees. Such fees may include but are not limited to
processing fees for the costs of providing planning services when
development entitlement applications are submitted, which fees are
designed to cover the full cost of such services, and development impact
fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing
districts to cover the costs of maintenance of improvements constructed by
development, Developer agrees to petition for formation of, annexation to or
inclusion in any such financing district and to pay the cost of such formation,
annexation or inclusion.
The developer acknowledges it is on notice of the current development fees
and understands that such fees will apply at the levels in effect at the time
the fee condition must be met as specified herein.
(applicant initials)
6. Comply with all Conditions. The applicant/developer shall comply with all
applicable terms and conditions of Conditional Use Permit No. 2009-142 and
Conditional Use Permit No. 2009-143.
7. Mitigation Monitoring and Reporting Plan. The developer shall comply
with the mitigation monitoring and reporting plan ("MMRP") which is attached
and incorporated as part of these conditions of approval. The MMRP was
adopted as part of Resolution No. 10-048.
8. Causes for Revocation. In the event the use hereby permitted under this
permit, a) is found to be in violation of the terms and conditions of this permit,
b) is found to have been obtained by fraud or perjured testimony, or c) is
found to be detrimental to the public health, safety or general welfare, or is a
public nuisance, this permit shall be subject to the revocation procedures.
4850-6419-2791.1Conditions of Approval for Plot Plan No. 2009-121
4 of 56
9. Business License. Every person conducting a business within the City of
Menifee, as defined in Menifee Municipal Code, Chapter 5.01, shall obtain a
business license. For more information regarding business registration,
contact the City Clerk.
10. Expiration. This approval shall be used within five (5) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. In
the event of any litigation that may be filed challenging the approval of this
project, the expiration period shall be tolled until the litigation has gone to final
judgment or has been dismissed. By use is meant the beginning of
substantial construction contemplated by this approval within a five (5) 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.
Should the time period lapse and no substantial construction or use of this
plot plan be initiated within five (5) years of the effective date of the issuance
of this plot plan, this plot plan shall become null and void.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
5 of 56
Section II:
Planning
Conditions of Approval
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
6 of 56
General Conditions
1. Comply with Ordinances. The development of these premises shall
comply with the standards of Riverside County Ordinance No. 348
(hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of
Menifee Municipal Code and all other applicable ordinances and State and
Federal codes and regulations.
The development of the premises shall conform substantially with that as
shown on APPROVED EXHIBIT A, unless otherwise amended by these
conditions of approval.
2. Phases. Construction of this project may be done progressively in phases
provided a plan is submitted with appropriate fees to the Planning
Department and approved prior to issuance of any building permits..
3. Outside Lighting: Any outside lighting shall be hooded and directed so as
not to shine directly upon adjoining property or public rights -of -way.
4. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT M.
5. Land Division Required. Prior to the sale of any individual structure as
shown on APPROVED EXHIBIT A, a land division (Tentative Parcel Map
No. 35621) shall be recorded in accordance with Riverside County
Ordinance No. 460 (hereinafter Ordinance No. 460), and any other
pertinent ordinance.
6. Parking. Parking for this project was determined primarily on the basis of
Ordinance No. 348, Section 18.12. a.(2).b),
Building
Sq. ft.
Parking Ratio
Parking
Parking
Required
Provided
Wal-Mart
185,000
1 space/200 sq.
925
926
(Parcel 1)
retail
ft.
1 space/1,000
20 (GC)
20
20,000
sq. ft. (GC)
garden
1 space/ 2
1 (GC)
1
center
employees
GC
GC
Fast Food
3,200 q. ft.
1 space/45 sq.
39
39
(Parcel 2)
building -
ft. of serving
1,600 sq.
area and
ft. service
1 space/2
area
employees
6
employees
Gas Station
2,800 sq.
1 space/200 sq.
16
16
including,
ft.
ft of retail, 1
Convenienc
convenienc
space/3
4e50-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
7 of 56
e Store and
a store
employees and
4
4
Car Wash
2 spaces/per
(Parcel 3)
stall for the car
wash
Fast Food
3,000 sq.
1 space/45 feet
39
39
(Parcel 4)
ft. - 1,600
of serving area
sq. ft.
and 1 space/2
service
employees
area
6
employees
Restaurant
6,500 sq.
1 space/45 feet
95
95
(Parcel 5)
ft. — 3,825
of serving area
sq. ft. of
and 1 space/2
service
employees
area and
20
employees
Retail
13,800 sq.
1 space/200 sq.
69
69
(Parcel 6
ft.
ft.
Automotive
6,680 sq. ft
4 spaces and 4
20
20
(Parcel 7)
— 4 service
spaces/service
bays
bay
A minimum of 1,228 parking spaces shall be provided as shown on the
APPROVED EXHIBIT A, unless otherwise approved by the Planning
Department. The parking area shall be surfaced with asphaltic concrete,
concrete, or porous paving, to current standards as approved by the
Department of Building and Safety.
A minimum of thirty-two (32) accessible parking spaces for persons with
disabilities shall be provided consistent with ADA requirements and as
approved by the City Engineering Department. The location of ADA
parking and paths of travel will be finalized on the final site plan of the
proposed project. 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 "
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
8 of 56
In addition to the above requirements, the surface of each parking space
shall have a surface identification sign duplicating the symbol of
accessibility in blue paint of at least 3 square feet in size.
Loading Spaces:
A minimum of thirteen (13) loading spaces shall be provided as shown on
APPROVED EXHIBIT A. The loading spaces for major tenants 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.
Bicycle Racks:
Bicycle racks with a minimum of 41 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.
7. Loading Areas. Loading and/or unloading of goods/supplies for tenants
within this shopping center shall occur in designated loading areas as
shown on EXHIBIT A only. No loading or unloading is allowed in front of
the stores or within drive aisles. Loading areas shall be kept free of debris
and clean throughout the life of this plot plan.
8. No Second Floor. No tenant improvement permit, or any other building
permit, shall be granted for any second story, second floor, mezzanine, or
interior balcony unless a plot plan, conditional use permit, public use permit,
substantial conformance or a revised permit is approved by the Planning
Department pursuant to Section 18.12 of Ordinance No. 348 in order to
assure adequate parking remains within the property. Only a one story
building was approved as part of this permit and reviewed for parking
standards.
9. Signage Approved. The following signs have been approved by
Five (5) signs affixed to the Walmart building:
a) 8' x 37' 3" "Walmart" sign on south elevation
b) 3' 5 '/2" x 29' 8 Y2" "Market & Pharmacy" sign on south
elevation
c) 3' 4" x 21' 9 Y2" "Home & Living" sign on south elevation
d) 3' 5" x 22' 8" "Outdoor Living" sign on south elevation
e) 5' 6" x 8' "Walmart" sign on the west elevation
No signage other than those listed above, has been approved as part of
this development. No other 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. Prior to the
installation of any additional on -site advertising display or structure, the
developer shall submit a plot plan application for signage, including
applicable deposit based fees, to the City of Menifee Planning Department
for review and approval.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
9 of 56
The sign program shall include signs to prohibit overnight vehicle parking.
The developer will be required to install signs stating that "No Overnight
Recreational Vehicle Parking" is allowed within the shopping center parking
lot. This condition was added at the September 14, 2010 Planning
Commission Meeting.
10. Reclaimed Water. The permit holder shall install purple pipes and connect
to a reclaimed water supply for landscape watering purposes when
secondary or reclaimed water is made available to the site.
11. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this plot plan as a principal place of
residence. No person shall be entitled to vote using an address within the
premises as a place of residence.
12. Exterior Noise Levels. Exterior noise levels produced by any use allowed
under this permit, -including, but not limited to, any outdoor public address
system, shall not exceed 55 db(A), 10-minute Leq, between the hours of
10:00 p.m. to 7:00 a.m., and 65 db(A), 10-minute Leq, at all other times as
measured at any residential, hospital, school, library, nursing home or other
similar noise sensitive land use. In the event noise exceeds this standard,
the permittee or the permittee's successor -in -interest shall take the
necessary steps to remedy the situation, which may include discontinued
operation of the facilities.
13. Hours of Construction. Construction activities shall not occur between
the hours of 6:00 pm and 6:OOam (June through September) and 6:00 pm
and 7:OOam (October through May) consistent with Riverside County
Ordinance No. 847 as adopted by the County of Riverside or subsequent
City Ordinance. Construction Times of Operation - Construction activity
is limited to the hours of 6:30am to 6:OOpm, Monday through Saturday,
June through September and 7:OOam to 6:OOpm, Monday through
Saturday, October through May. Construction is not allowed on Sundays or
federal holidays without the approval of the City Engineer.
14. Delivery Hours. Deliveries to the out parcels (Parcels 2-7 of Tentative
Parcel Map No. 35621) shall only be allowed between the hours of 7:00 am
and 10:00 am and 2:00 pm to 8:00 pm. in order to avoid conflicts with truck
traffic and customer traffic. Walmart, or subsequent major tenant within
Parcel 1, deliveries are allowed from 7:00 am to 8:00 pm. The 8:00 pm cut-
off deadline is required per the noise mitigation measures for the proposed
project.
15. Trash Compactors. Trash compactor usage shall be prohibited between
the hours of 8:00 pm and 7:00 am..
16. Recyclable Areas. Recyclable Areas (Identified as Pallet/Bale recycling
on Exhibit A) associated with Major Retail Building within the project site
shall be covered in order to reduce noise impacts. The methods or
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
10 of 56
materials used to cover the recyclable areas shall be reviewed and
approved by the Community Development Director. (Non -Standard COA)
17. Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be
provided. The intent of this condition is to provide electrical hook-ups for
refrigerated trailers that will be parked at the facility for more than 15
minutes. The use of truck engines or auxiliary power units to power
refrigerated trailers for extended periods of time is not allowed.
18. No Outdoor Storage. No outdoor storage is allowed within the site. No
storage lockers, sheds, metal container bins or metal shipping containers
will be allowed to be kept onsite unless stored within the approved
buildings.
19. Recreational Vehicle Parking. No overnight recreational vehicle parking
or camping will be allowed within the site.
20. Walmart Garden Center. Sales of goods in the areas identified as
"seasonal garden sales" and "outdoor garden sales" on the submitted Wal-
Mart Department Plan will be limited to seasonal, outdoor or garden goods,
including, but not limited to grills and OUTDOOR cooking, lawn, garden and
nursery goods, outdoor decor, outdoor play and patio furniture. (Non -
Standard COA)
21. No Idling. To reduce diesel truck emissions, the project has been
conditioned to install signs in loading areas stating "The driver of a diesel -
fueled motor vehicle with a gross vehicle weight rating (GVWR) greater
than 10,000 pounds is prohibited from idling the vehicle's primary engine for
more than five (5) minutes at any location and may not operate a diesel
fueled auxiliary power system (APS) for more than 5 minutes at any
location within 100 feet of a restricted area (residences). Electrical
connections have been provided for your use. The minimum penalty for an
idling violation is $300.00. To report a violation please contact 1800-END-
SMOG".
ARCHEOLOGY
22. 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 24 hours.
Subsequently, the Native American Heritage Commission shall identify the
"most likely descendant" Within 48 hours. 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.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
11 of 56
23. Inadvertent Archeological 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 in consultation with the Pechanga Band of Luiseno
Mission Indians.
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.
LANDSCAPING
24. Interim Landscaping. Graded but undeveloped land shall be maintained in
a condition so as to prevent a dust and/or blow sand nuisance and shall be
either planted with interim landscaping or provided with other wind and
water erosion control measures as approved by the Planning Department
and the South Coast Air Quality Management District (SCAQMD).
25. Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition throughout the life of this plot plan.
To ensure that this occurs, the Planning Department shall require
inspections prior to final inspection and at six month and twelve month
intervals.
26. Maintenance of Parks and Landscaping. All parks, landscaping, and
similar improvements not properly maintained by a property owners
association or individual property owners must be annexed into a Lighting
and Landscape District, or other mechanism as determined by the City of
Menifee.
FEES:
27. Processing Fees for Subsequent Submittals. Any subsequent submittals
required by these conditions of approval, including but not limited to grading
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
12of56
plan, building plan, elevations, 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 Riverside County
Ordinance No. 671 (hereinafter Ordinance No. 671) adopted by the City or
a subsequent ordinance. Each submittal shall be accompanied with a letter
clearly indicating which condition or conditions the submittal is intended to
comply with.
Prior to Issuance of Grading Permit
28. Construction Noise. The project developer shall implement noise
mitigation measures during grading.
a. During all Project site excavation and grading, all construction
equipment, fixed or mobile, shall be equipped with properly operating
and maintained mufflers, consistent with the manufactures' standards.
b. All stationary construction equipment shall be placed so that entitled
noise is directed away from the nearest sensitive receptor.
c. During construction, equipment staging areas shall be located in areas
that will create the greatest distance between construction -related noise
sources and noise sensitive receptors.
d. Haul truck deliveries shall be limited to the hours of 7:00 am and 7:00
pm, unless otherwise restricted by City staff.
29. Fugitive Dust Control. The project developer shall implement fugitive dust
control measures in accordance with Southern California Air Quality
Management District (SCAQMD) Rule 403. The project developer shall
include in construction contracts the control measures required under Rule
403 at the time of development, including the following:
a. Use watering to control dust generation during demolition of structures
or break-up of pavement. The construction area and vicinity (500-foot
radius) must be swept (preferably with water weepers) and watered at
least twice daily. Site wetting must occur often enough to maintain a 10
percent surface soil moisture content throughout all earth moving
activities. All unpaved demolition and construction areas shall be wetted
at least twice daily during excavation and construction, and temporary
dust covers shall be used to reduce dust emissions and meet SCAQMD
District Rule 403. Wetting could reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least
three times daily;
c. All paved roads, parking and staging areas must be watered at least
once every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of
visible dirt deposition;
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
13of56
e. Sweep daily (with water sweepers) all paved parking areas and
staging areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either
be covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis
when there is evidence of wind drive fugitive dust;
j. Install wined breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
I. Suspend excavation and grading activity when winds (instantaneous
gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as
to prevent excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from
the site;
q. Install wheel washers for all exiting trucks, or wash off the tires or
tracks of all trucks and equipment leaving the site;
r. All materials transported off -site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first
and second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each
construction site that identifies the permitted construction hours and
provides a telephone number to call and receive information about the
construction project or to report complaints regarding excessive fugitive
dust generation. Any reasonable complaints shall be rectified within 24
hours of their receipt.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
14of56
30. Section 1601/1603 Permit. Should any grading or construction be
proposed within or along the banks of any natural watercourse or wetland
located either on -site or on any required off -site improvement area, the
permit holder shall provide written notification to the Planning Department
that the appropriate California Department of Fish and Game notification
pursuant to Sections 1601/1603 of the California Fish and Game Code has
taken place. Or, the permit holder shall obtain an "Agreement Regarding
Proposed Stream or Lake Alteration" (Section 1601/1603 Permit). Copies of
any agreement shall be submitted with the notification.
31. Section 1602 Permit. Prior to any earthmoving activities, the project
applicant shall complete and submit to California Department of Fish and
Game a notification package pursuant to Fish and Game Code
section1602, together with the requisite fee. Based on its review of the
notification package, CDFG shall determine requisite Lake or Streambed
Alteration Agreement (LSAA) measures which shall be required as part of
the Mitigation and -Monitoring Plan
32. Mitigation Monitoring. The permittee shall prepare and submit a written
report to the Planning Director demonstrating compliance with those
conditions of approval and mitigation measures of this Plot Plan and EIR
which must be satisfied prior to the issuance of a grading permit. The
Planning Director may require inspection or other monitoring to ensure such
compliance.
PALEONTOLOGY
33. Paleontologist Required. This site is mapped in the County's General
Plan as having a high potential for paleontological resources (fossils).
Proposed project site grading/earthmoving activities could potentially
impact this resource. Hence:
PRIOR TO ISSUANCE OF GRADING PERMITS:
1.The applicant shall retain a qualified paleontologist approved by the
County of Riverside to create and implement a project -specific plan for
monitoring site grading/earthmoving activities (project paleontologist).
2.The project paleontologist retained shall review the approved
development plan and shall conduct any pre -construction work necessary
to render appropriate monitoring and mitigation requirements as
appropriate. These requirements shall be documented by the project
paleontologist in a Paleontological Resource Impact Mitigation Program
(PRIMP). This PRIMP shall be submitted to the County Geologist for review
and approval prior to issuance of a Grading Permit.
Information to be contained in the PRIMP, at a minimum and in addition to
other industry standard and Society of Vertebrate Paleontology standards,
are as follows:
A. The project paleontologist shall participate in a pre -construction project
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
15 of 56
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction, as
applicable.
B.Paleontological monitoring of earthmoving activities will be conducted on
an as -needed basis by the project paleontologist during all earthmoving
activities that may expose sensitive strata. Earthmoving activities in areas
of the project area where previously undisturbed strata will be buried but
not otherwise disturbed will not be monitored. The project paleontologist or
his/her assign will have the authority to reduce monitoring once he/she
determines the probability of encountering fossils has dropped below an
acceptable level.
C.If the project paleontologist finds fossil remains, earthmoving activities
will be diverted temporarily around the fossil site until the remains have
been evaluated and recovered. Earthmoving will be allowed to proceed
through the site when the project paleontologist determines the fossils have
been recovered and/or the site mitigated to the extent necessary.
D.If fossil remains are encountered by earthmoving activities when the
project paleontologist is not onsite, these activities will be diverted around
the fossil site and the project paleontologist called to the site immediately to
recover the remains.
Elf fossil remains are found, fossiliferous rock will be recovered from the
fossil site and processed to allow for the recovery of smaller fossil remains.
Test samples may be recovered from other sampling sites in the rock unit if
appropriate.
F.Any recovered fossil remains will be prepared to the point of identification
and identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled
with museum* repository fossil specimen numbers and corresponding fossil
site numbers, as appropriate; places in specimen trays and, if necessary,
vials with completed specimen data cards) and catalogued, an associated
specimen data and corresponding geologic and geographic site data will be
archived (specimen and site numbers and corresponding data entered into
appropriate museum repository catalogs and computerized data bases) at
the museum repository by a laboratory technician. The remains will then be
accessioned into the museum* repository fossil collection, where they will
be permanently stored, maintained, and, along with associated specimen
and site data, made available for future study by qualified scientific
investigators. * The County of Riverside must be consulted on the
repository/museum to receive the fossil material prior to being curated.
G.A qualified paleontologist shall prepare a report of findings made during
all site grading activity with an appended itemized list of fossil specimens
recovered during grading (if any). This report shall be submitted to the
County Geologist for review and approval prior to building final inspection
as described elsewhere in this conditions set.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
16 of 56
All reports shall be signed by the project paleontologist and all other
professionals responsible for the report's content (eg. Professional
Geologist, Professional Engineer, etc.), as appropriate. Two wet -signed
original copies of the report shall be submitted directly to the office of the
County Geologist along with a copy of this condition and the grading plan
for appropriate case processing and tracking. These documents should not
be submitted to the project Planner, the Plan Check staff, the Land Use
Counter or any other County office.
ARCHEOLOGY
34. Archeologist Retained. It has been established that the project area has a
high sensitivity for prehistoric cultural resources. To mitigate for this
potential, and pursuant to the recommendations of the Phase I Cultural
Resources study (PD-A-4506) prepared by McKenna et.al., dated June 25,
2007, the subject parcel has a moderate level of sensitivity for buried
prehistoric resources. Therefore, prior to the issuance of rough grading
permits, a qualified archaeologist (pursuant to the Secretary of the Interior's
standards and County guidelines) shall be retained by the land divider for
initial monitoring and mitigation services on the proposed grading with
respect to potential impacts to archaeological and/or cultural resources. A
pre -grade meeting between the archaeologist, the Native American tribal
representative(s), and the excavation and grading contractor shall take
place to discuss appropriate grading and ground disturbing methods within
and around those archaeologically and culturally sensitive areas within the
project.
During grading operations, the archaeologist, the archaeologist's on -site
representative(s) and the Native American tribal representative(s) shall
actively monitor all project related grading and shall have the authority to
temporarily divert, redirect, or halt grading activity to allow recovery of
archaeological and/or cultural resources.
Prior to the issuance of grading permits, a copy of a fully executed contract
for archaeological monitoring and mitigation services, including the NAME,
ADDRESS and TELEPHONE NUMBER of the retained archaeologist shall
be submitted to the Planning Department and the Engineering Division. The
extent of the monitoring will be determined after the grading plan has been
finalized.
35. Native American Monitoring. Tribal monitor(s) from the Pechanga Band
of Luiseno Indians 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 signed contract
between the above mentioned Tribe and the land divider/permit holder for
the monitoring of the project, and which addresses the treatment of cultural
resources, to the Planning Department and to the Engineering Department.
The Native American Monitor(s) shall have the authority to temporarily
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
17 of 56
divert, redirect or halt the ground disturbance activities to allow recovery of
cultural resources, in coordination with the Project Archaeologist. Should an
agreement between the Tribe and the Applicant/Permittee not be
established within 45 days of the date the Applicant/Permittee initiates such
an agreement with the Tribe, Native American monitoring shall not be
required.
36. Cultural Resources Disposition Agreement. Prior to grading permit
issuance, the applicant shall provide the Community Development Director
evidence of a fully executed agreement with the Pechanga Band of Luiseno
Indians that addresses the treatment and disposition of all cultural
resources impacted as a result of the development. The Developer shall
relinquish ownership of all cultural resources, including all archaeological
artifacts that are of Native American origin, found in the project area to the
Pechanga Band of Luiseno Indians for proper treatment and disposition.
Should an agreement between the Tribe and the Applicant/Permittee not be
established within 45 days of the Applicant's initiation of such an
agreement, curation will be required in an approved curation facility within
Riverside County. The Applicant/Permittee shall be responsible for all
curation costs.
FEES
37. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit,
the applicant shall comply with the provisions of Riverside County
Ordinance No. 663 (hereinafter Ordinance No. 663), which generally
requires the payment of the appropriate fee set forth in that ordinance. The
amount of the fee required to be paid may vary depending upon a variety of
factors, including the type of development application submitted and the
applicability of any fee reduction or exemption provisions contained in
Ordinance No. 663. Said fee shall be calculated on the approved
development project which is anticipated to be 30.33 acres (gross) in
accordance with APPROVED EXHIBIT NO. A. If the development is
subsequently revised, this acreage amount may be modified in order to
reflect the revised development project acreage amount. In the event
Ordinance No. 663 is rescinded, this condition will no longer be applicable.
However, should Ordinance No. 663 be rescinded and superseded by a
subsequent City mitigation fee ordinance, payment of the appropriate fee
set forth in that ordinance shall be required.
38. Processing Fees. Prior to issuance of grading permits, the Planning
Department shall determine if the deposit based fees for Plot Plan No.
2009-121 are in a negative balance. If so, any outstanding fees shall be
paid by the applicant/developer.
Prior to Issuance of Building Permit
39. Dark Sky Ordinance. All street lights and other outdoor lighting shall be
shown on electrical plans submitted to the Department of Building and
Safety and the Planning Department for plan check approval and shall
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
18 of 56
comply with the requirements of Menifee Municipal Code Chapter 6.01, the
"Dark Sky Ordinance", and the General Plan.
40. Elevations. Elevations of all buildings and structures submitted for building
plan check approval shall be in substantial conformance with the elevations
shown on APPROVED EXHIBIT B. In addition, the gas station,
convenience store and carwash and restaurants (Pad A, B, C, and G as
shown on APPROVED EXHIBIT A) shall comply with the design guidelines,
APPROVED EXHIBIT D.
41. Submit Elevations. Elevations for Pads A, B, C, and G shall be submitted
to the Planning Department for review and approval prior to issuance of a
building permit for those pads.
42. Roof Mounted Equipment Plans. Roof -mounted equipment shall be
shielded from ground view and views from the adjacent Interstate 215 on -
ramp. All building plans shall show all roof -mounted equipment and
methods for screening and shall be submitted to the Planning Department
for review and approval prior to building permit issuance. Screening
material shall be subject to Planning Department approval. Planning staff
will verify that all roof -mounted equipment has been screened in
compliance with the approved plans prior to final occupancy.
43. Floor Plans. Floor plans shall be in substantial conformance with that
shown on APPROVED EXHIBIT C.
44. Fencing. A fencing plan shall be submitted to the Planning Department for
review and approval (minor plot plan) showing all wall and fence locations
and typical views of all types of fences or walls proposed. The fencing plan
must be in substantial conformance with APPROVED EXHIBIT L. This plan
shall require anti -graffiti coatings on fences and walls, where applicable.
45. Cart Corrals. No temporary or metal cart corrals will be allowed. Cart
corrals will be required to be in a fixed, permanent location and shall
incorporate enhancements and decorative design. Prior to building permit
issuance, the developer shall submit a minor plot plan application with a
site plan showing the location of cart corrals with the site and an elevation
of the materials to be used to the Planning Department for review and
approval.
46. Mitigation Monitoring. The permittee shall prepare and submit a written
report to the Community Development Director demonstrating compliance
with those conditions of approval and mitigation measures of this plot plan
and EIR00508 which must be satisfied prior to the issuance of a building
permit.
The Community Development Director may require inspection or other
monitoring to ensure such compliance.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
19 of 56
FEES:
47. Fees. Prior to issuance of building permits, the Planning Department shall
determine if the deposit based fees for project are in a negative balance. If
so, any outstanding fees shall be paid by the applicant/developer.
48. Perris Union School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
49. Menifee Union School District. Impacts to the Menifee Union School
District shall be mitigated in accordance with California State law.
LANDSCAPING
50. Landscaping Plan. The developer shall submit three (3) sets of Final
Landscaping and Irrigation Plans to the Planning Department for review
and approval. Said plan shall be submitted to the Department in the form of
a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1)
(Plot Plans not subject to the California Environmental Quality Act and not
subject to review by any governmental agency other than the Planning
Department), along with the current fee. The plan shall be in compliance
with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04 and
the conditions of approval. The plan shall show all common open space
areas. The plan shall address all areas and conditions of the project
requiring landscaping and irrigation to be installed including, but not limited
to, (slope planting, common area and/or park landscaping). The plan shall
show all common open space areas. Emphasis shall be placed on using
plant species that are drought tolerant and which have low water usage.
Landscaping and Irrigation Plot Plans shall be prepared consistent with
Menifee Municipal Code Chapter 15.04 (as adopted and any amendments
thereto), the Riverside County Guide to California Landscaping, Eastern
Municipal Water District requirements and Ordinance No. 348, Section
18.12. Landscaping plans for areas that are totally within the road right-of-
way shall be submitted to the Engineer Department only. Slope
Landscaping plans for slopes exceeding 3 feet in height shall be submitted
to the Engineering Department. NOTES: The Landscape plot plan may
include the requirements of any other minor plot plan required by the
subdivision conditions of approval. However, minor plot plan conditions of
approval shall be cleared individually.
The irrigation plan shall be in compliance with Section 18.12 of Ordinance
No. 348, and include a rain shut-off device which is capable of shutting
down the entire system. In addition, the plan will incorporate the use of in -
line check valves, or sprinkler heads containing check valves to prohibit low
head drainage.
If the above mentioned landscaping plans do not include shading and
parking landscaping, prior to issuance of building permits, three (3) copies
of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted
to and approved by the Planning Department. The location, number, genus,
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
20 of 56
species, and container size of plants shall be shown. Plans shall meet all
applicable requirements of Menifee Municipal Code Chapter 15.04 (as
adopted and any amendments thereto), the Riverside County Guide to
California Friendly Landscaping, Eastern Municipal Water District
requirements and Ordinance No. 348, Sections 18.12, and 19.300 through
19.304 and as specified herein. The irrigation plan shall include a smart
controller capable of adjusting watering schedule based on weather data. In
addition, the plan will incorporate the use of in -line check valves, or
sprinkler heads containing check valves to prohibit low head drainage.
A six inch high curb with a twelve (12) inch wide walkway shall be
constructed along planters on end stalls adjacent to automobile parking
areas. Public parking areas shall be designed with permanent curb,
bumper, or wheel stop or similar device so that a parked vehicle does not
overhang required sidewalks, planters, or landscaped areas.
51. Landscape Inspections. Prior to issuance of building permits, the permit
holder shall open a Landscape Deposit Based Fee case and deposit the
prevailing deposit amount to cover the Six Month and One Year Landscape
Inspections. The amount of hours for the Six Month and One Year
Landscape Inspections will be determined by the Planning Department's
Landscape personnel prior to approval of the requisite Minor Plot Plan for
Planting and Irrigation.
Prior to Final Inspection
52. Occupancy
A Certificate of Occupancy shall not be issued for any project building until
after January 1, 2013.
53. Roof Mounted Equipment. Prior to final occupancy, Planning staff will
verify that all roof -mounted equipment has been screened in compliance
with the approved plans.
54. Trash Enclosures. Eight (8) trash enclosures which are adequate to
enclose a minimum of sixteen (16) bins shall be located as shown on the
APPROVED EXHIBIT A, and shall be constructed prior to the issuance of
occupancy permits. The trash enclosures shall be architecturally enhanced.
The enclosures shall be a minimum of six (6) feet in height and shall be
made with masonry block and a solid gate which screens the bins from
external view. Two (2) recycling areas and two (2) trash compactors shall
be located behind the proposed major retailer. 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
enclosures or as approved by the City. 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.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
21 of 56
55. Phasing. 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.
56. Condition Compliance. The Planning Department 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.
57. Mitigation Monitoring. The permit holder shall prepare and submit a
written report to the Planning Department demonstrating compliance with
all remaining conditions of approval and mitigation measures of this permit
and EIR00508. The Community Development Director may require
inspection or other monitoring to ensure such compliance.
58. Comply with Acoustical Study. The permit holder shall construct and
design the project in compliance with the recommendations of the approved
acoustical study.
The permit holder may be required to submit to the Planning Department a
written certification from a state licensed professional that the project was
constructed in compliance with the recommendations of the approved
acoustical study. The Planning Department may require further inspection
by city staff to assure project compliance with this condition of approval.
59. Remove Outdoor Advertising. All existing outdoor advertising displays,
signs or billboards shall be removed.
PALEONTOLOGICAL
60. Paleontological Monitoring Report. Prior to final inspection, the applicant
shall submit to the Planning Department, two (2) copies of the Paleontology
Monitoring Report. The report shall be certified by a professional
paleontologist listed Riverside County's Paleontology Consultant List.
61. Archeological Monitoring Report. Prior to final inspection or occupancy,
the applicant shall submit to the Planning Department one certified paper
copy and two (2) PDF formatted CD copies of the Phase IV Cultural
Resources Monitoring Report. The report shall follow the posted report
scope of work on the TLMA website and be certified by a Riverside County
Registered Archaeologist.
LANDSCAPING
62. Landscape Inspection. 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, both the Planning
Department's Landscape Inspector and the permit holder's landscape
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
22 of 56
architect shall execute a Certificate of Completion that shall be submitted to
the Planning Department and the Department of Building and Safety.
63. Landscape Installation. All required landscape planting and irrigation shall
have been installed in accordance with approved Landscaping, Irrigation,
and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted
and any amendments thereto), Eastern Municipal Water District
requirements and the Riverside County Guide to California Landscaping. All
landscape and irrigation components shall be in a condition acceptable to
the Planning Department. The plants shall be healthy and free of weeds,
disease or pests. The irrigation system shall be properly constructed and
determined to be in good working order.
FEES
64.Ordinance No. 659 Fee. Prior to the issuance of either a certificate of
occupancy or prior to building permit final inspection, the applicant shall
comply with the provisions of Riverside County Ordinance No. 659
(hereinafter Ordinance No. 659), as adopted by the City 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 amount of the fee for commercial or industrial development shall be
calculated on the basis of the "Project Area," as defined in the Ordinance,
which shall mean the net area, measured in acres, from the adjacent road
right-of-way to the limits of the project development. The Project Area for
Plot Plan No. 2009-121 has been calculated to be 28.22 net acres.
In the event Ordinance No. 659 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 659 be rescinded and
superseded by a subsequent City mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
65. Open Space Fee. Prior to the issuance of a certificate of occupancy, or
upon building permit final inspection prior to use or occupancy for cases
without final inspection or certificate of occupancy (such as an SMP),
whichever comes first, the applicant shall comply with the provisions of
Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810),
which requires the payment of the appropriate fee set forth in the
Ordinance.
The amount of the fee will be based on the "Project Area" as defined in the
Ordinance and the aforementioned Condition of Approval.
The Project Area for Plot Plan No. 2009-121 is calculated to be 28.22 net
acres.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
23 of 56
In the event Ordinance No. 810 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 810 be rescinded and
superseded by a subsequent mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
66. Fees. Prior to issuance of occupancy/final inspections, the Planning
Department shall determine if the deposit based fees for project are in a
negative balance. If so, any outstanding fees shall be paid by the
applicant/developer.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
24 of 56
Section III:
Engineering/Transportation/
Grading Conditions of Approval
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
25 of 56
General Conditions:
67. Fee Credits
At such time as the City accepts facilities constructed by the developer as
identified in the Public Facilities Needs List and/or TUMF Transportation
Improvement Program Or other program agreed upon by the City, the
developer may be eligible for fee credits against Development Impact Fees
or other fees received by the City. Any credit of Transportation Uniform
Mitigation Fees is governed by WROCOG .
68. General Grading Conditions - All grading shall conform to the latest
edition of the Uniform Building Code, City General Plan, Ordinance 457 and
all other relevant laws, rules and regulations governing grading in the City
Ordinance 457 requires a grading permit prior to clearing, grubbing, or any
top soil disturbances related to construction grading notice: Operators of
construction projects are required to comply with the National Pollutant
Discharge Elimination System (NPDES) Construction Permit from the State
Water Resources Control Board (SWRCB). The Construction Permit
requirement applies to this project and the applicant may obtain compliance
by electronically submitting a Notice of Intent (NOI) and monitoring plan for
the construction site. For additional information and to obtain a copy of the
NPDES state construction permit, contact SWRCB.
69. Erosion Control - Graded but undeveloped land shall provide, in addition
to erosion control planting, any drainage facilities deemed necessary to
control or prevent erosion. Erosion and sediment control BMPs are required
year round in compliance with the State Water Resources Control Board
(SWRCB) General Construction Permit.
70. Dust Control - During the actual grading, all necessary measures to
control dust shall be implemented by the applicant in accordance with
AQMD requirements. A watering device shall be present and in use at the
project site during all grading operations.
71. 100 Year Drainage Facilities - All drainage facilities shall be designed to
accommodate 100 year storm flows as approved by the Riverside County
Flood Control District.
72. Drainage Grade - Minimum drainage design grade shall be 1 %. The
engineer must submit a variance request for design grades less than 1 %
with a justification for a lesser grade. Portland cement concrete shall have a
minimum 0.5% grade as approved by the City Engineer.
73. Drainage Facilities and Terracing - Provide drainage facilities and
terracing in conformance with Section 7012 of the Uniform Building Code.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
26 of 56
74. Slope Setbacks - Observe slope setbacks per Section 2907, figure 29-1
Section 7011, and figure 70-1 of the Uniform Building Code.
75. General Introduction - Improvements such as grading, filling, over
excavation and recompaction, and base or paving which require a grading
permit are subject to the included City Grading conditions of approval.
76. Grading Permit for Clearing and Grubbing - Ordinance 457 requires a
grading permit prior to clearing, grubbing, or any top soil disturbances
related to construction grading.
77. Slope Erosion Control Plan - 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.
78.2:1 Maximum Slope - Graded slopes shall be limited to a maximum
steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved.
79. Paving Inspections - The applicant/applicant shall be responsible for
obtaining the paving inspections required by Ordinance 457.
80. Driveways — The following designations shall describe the locations of the
project driveway access points.
Driveway A — The northerly most driveway
Driveway B — The central driveway designated as the main
entrance
Driveway C — The southerly most driveway
81. Water Mains and Hydrants - All water mains and fire hydrants providing
required fire flows shall be constructed in accordance with the appropriate
sections of Riverside County Ordinance No. 460 and/or No. 787, subject to
the approval by Eastern Municipal Water District and the Riverside County
Fire Department.
82. Sewer Lines — All sewer line alignments shall be designed such that the
manholes are aligned with the center of lanes or on the lane line and in
accordance with Ordinances 460/461 and Eastern Municipal Water District
standards.
83. Perpetual Drainage Patterns - The property's grading shall be designed in
a manner that perpetuates the existing natural drainage patterns with
respect to tributary drainage area and outlet points.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
27 of 56
84. Traffic Signal Mitigation Program - The applicant shall participate in the
Traffic Signal Mitigation Program as approved by the City Council.
85. Development Access - Access to the development shall be limited to
Haun Road with a new traffic signal at the main entrance (Driveway "B")
and two minor accesses shall be right in -right out driveways A and C. No
access will be permitted on Scott Road. Drainage across accesses will be
conveyed via catch basin interception to pipe system preceding the access
to the satisfaction of the City Engineer.
86. Encroachment Permits — All work to be performed in City, State, or local
agency right-of-way shall obtain all required encroachment permits and
clearances prior to commencement of work.
87. Concrete Work — All concrete work including curbs, gutters, sidewalks,
driveways, cross gutters, catch basins, manholes, vaults, etc. shall be
constructed with concrete having a 24 day minimum strength of 3,250 psi.
88. Road Improvements - All roads shall be improved, per the recommended
General Plan designation and traffic impact analysis as part of the final
environmental impact report.
The study indicates that the project's impacts shall be mitigated for the
following intersections:.
Murrieta Road at Scott Road
Tucker Road at Scott Road
Haun Road/Zeiders Road at Newport Road, Holland Road, Garbani
Road, Wickerd Road, Driveway A, Driveway B, Driveway C, Scott Road,
and Keller Rd
1-215 Southbound Ramp at Scott Road
1-215 Northbound Ramp at Scott Road
Antelope Road at Scott Road and Keller Road
Menifee Road at Newport Road, Garbani Road, Wickerd Road, and Scott
Road
Briggs Road at Scott Road
As such, the proposed project is consistent with this General Plan policy
and the Final Environmental Impact Report, and Traffic Impact Analysis
mitigation measures.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
28 of 56
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.
89. Traffic Signals - The applicant shall be responsible for the design and
construction of the traffic signals at the intersections of:
Haun Road at Project Driveway B
Antelope Road at Scott Road (modification)
Haun Road at Scott Road (modification)
Haun Road at Holland Road
Scott Road at Murrieta Road
No fee credit will be given for Traffic Signal Mitigation fees for Haun Road
at Project Driveway B. Fee credits may be applied at general plan
intersections as approved by the City Engineer. The applicant shall_ pay a
fair share of the traffic signal modification at Haun Road/Scott Road and
new signal at Haun Road/Driveway B according to City policy.
The applicant shall comply in accordance with traffic signal requirements
within public road rights -of -ways directed by the City Engineering
Department. Assurance of traffic signal maintenance is required by filing an
application for annexation to a Landscaping and Lighting Maintenance for
the required traffic signal(s).
The traffic sinal mast arms shall be equipped with internally illuminated
street name signs (IISNS).
All traffic signal indicators and IISNS shall be furnished with LED lighting.
The pedestrian indicators shall be ADA compliant and audible with voice
feature.
90. Traffic Signal Interconnect - Traffic signal interconnect between those
signals installed or modified by the project shall be installed as directed by
the Engineering Department.
91. Traffic Signal Coordination - A traffic signal coordination program
employing Snycro Modeling software or other software acceptable to the
City Engineer shall be developed for the project traffic signals. The
coordination program shall be submitted and approved by the City
Engineer. The traffic signal controller at the intersection of Haun Road and
Scott Road shall be equipped for and act as the system master.
92. Traffic Signal Detection - Video detection shall be implemented at all
traffic signals and loops for advanced detection.
93. Haun Road — Haun Road shall be constructed per Std. No. 93 Mod partial
width (12' graded parkway with 2:1 max slopes and 6" AC dike, 14' lane,
12' lane, 4' to 26' raised landscaped median with 8" Type "D" curb Std. No.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
29 of 56
204, 12' through lane, 20' lane, type A-8 curb and gutter, 21' landscaped
parkway with a 10' concrete multipurpose trail). Final alignment will be
approved on the geometric approval drawings prior to the acceptance of
final improvement plans. Final alignment will be approved as part of the
geometric approval drawing prior to the acceptance of final improvement
plans.
A bus turn out conforming to the requirements of Riverside Transit Authority
shall be constructed north of the southerly access per Standard No. 814.
Designated right turn lanes shall be provided for the northerly and southerly
driveways (Driveway A, northern and C, southern) and main driveway
(Driveway B). Sufficient improvements shall be provided to transition to the
existing roadway north of the property to the satisfaction of the City
engineer. If construction timing warrants this project and the project to the
west known as "The Junction" PP22279, the ultimate curb return, -traffic
signal, and interim transitions shall be constructed concurrently at Driveway
B. The location of the main Driveway B on Haun Road Shall be coordinated
with "The Junction" to the satisfaction of the City Engineer. The road
alignment shall have no horizontal offset and be symmetrical with the
centerline. Uniform sections of roadway shall have the same bearing as the
street centerline. Final alignment will be approved as part of the geometric
approval drawing prior to the acceptance of final improvement plans.
A "Scott Road" advance street name sign shall be installed in the raised
median on Haun Road preceding Scott Road in the southbound direction.
94. Scott Road — Scott Road shall be constructed per Std. No. 91 Mod partial
width (12' to 21' landscaped parkway with 5' offset sidewalk and 8° Type
"D" curb Std. No. 204, two right turn lanes 12' and 14', one 12' through
lanes, one 12' left turn lane, 4'-14' raised median, two through lanes 12'
and 14', and 6" AC dike with 2:1 max slopes. Scott Road improvements
shall be constructed to conform to the ultimate 1-215 interchange.
Construction limits may be modified to accommodate existing constraints to
the satisfaction of the City Engineer. Final alignment will be approved as
part of the geometric approval drawing prior to the acceptance of final
improvement plans.
95. Assessment Districts - Should this project lie within any
assessment/benefit district, the applicant shall, prior to issuance of a
building permit, make application for and pay for their reapportionment of
the assessments or pay the unit fees in the benefit district unless said fees
are deferred to building permit.
96. Ordinances 460/461 - With respect to the conditions for tentative exhibits,
the applicants 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).
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
30 of 56
It is understood that the exhibit correctly shows acceptable centerline
elevations, all existing easements, traveled ways, and drainage courses
with appropriate Q's. 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.
97. Dry Utility Installations - Electrical power, telephone, communication,
street lighting, and cable television lines shall be placed underground in
accordance with Ordinance 460 and 461, or as approved by the
Engineering Department. This also applies to existing overhead lines which
are 33.6 kilovolts or below along the project frontage and between the
nearest poles offsite in each direction of the project site.
98. ADA Compliance — ADA path of travel shall be designed at the most
convenient accesses and the shortest distance to the buildings in
accordance with ADA design standards and to the satisfaction of the City
Engineer and City Building Official.
99. Site Drainage - Positive drainage of the site shall be provided, and water
shall not be allowed to pond behind or flow over and cut and fill slopes.
Where water is collected in a common area and discharged, protection of
the native soils shall be provided by planting erosion resistant vegetation,
as the native soils are susceptible to erosion by running water. Maximum
inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. Final
determination of the foundation characteristics of soils within on -site
development areas shall be performed by a geotechnical engineer. Prior to
issuance of grading permits, a seismic refraction survey shall be conducted
to evaluate the rippability characteristics of the bedrock on -site indicating
the approximate rippability of the bedrock materials at various depths for
grading purposes.
100. Geotechnical and Soils Reports Submittals - All grading shall be done
in conformance with the recommendations of the included
geotechnical/soils reports and under the general direction of a licensed
geotechnical engineer. Geotechnical/soils reports shall be submitted to the
City Engineering Department for 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 the City. 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. A pregrading meeting, certifications,
approvals and inspection procedures will be implemented per the City
Building and Safety Grading Inspection process.
101. Grading Bonds - Grading in excess of 199 cubic yards will require
performance security to be posted with the City Engineering Department.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
31 of 56
102. Import/Export - In instances where a grading plan involves import or
export, prior to obtaining a grading permit, the applicant shall have obtained
approval for the import/export location from the City Engineering
Department. Additionally, if either location was not previously approved by
an Environmental Assessment, prior to issuing a grading permit a Grading
Environmental Assessment shall be submitted to the City Engineering
Department for review and comment and to the Menifee City Engineer for
approval. A haul route must be submitted and approved by the Engineering
department prior to grading operations.
103. Offsite Grading Easements - Prior to the issuance of a grading permit, it
shall be the sole responsibility of the applicant to obtain any and all
proposed or required easements and/or permissions necessary to perform
the grading herein proposed. A notarized agreement and recorded
documents shall be submitted to the Engineering Department.
104. Plan Submittals - Three (3) copies of the improvement plans, grading
plans and any other necessary documentation along with supporting
hydrologic and hydraulic calculations shall be submitted to the City
Engineering Department for review. The plans shall receive City approval
prior to issuance of grading permits. All submittals shall be date stamped by
the engineer and include the appropriate plan check deposits. All large
format plans shall be bulk folded to 9"x12". A CD of all items shall be
submitted with each plan check. A scanned image of the final approved
improvement plans shall be provided to the City. ACAD files 2004 or later
are required for all final maps upon approval.
105. Final WQMP - A Final WQMP shall be submitted for review and approval
by the City Engineering Department for all ongoing drainage facilities and
maintenance. The Final WQMP shall conform to the latest requirements set
forth by the Regional Water Quality Control Board, order R8-2010-0033
106. Increased Runoff - The proposed development of this site may
adversely impact downstream property applicants by increasing the rate
and volume of flood flows. To mitigate this impact, onsite detention facilities
shall be designed and approved.
107. Increase Runoff Criteria - The entire area of proposed development
may be routed through detention facilities to mitigate increased runoff. All
basins must have positive drainage; dead storage basins shall not be
acceptable. Storms to be studied will include the 1-hour, 3-hour, 6-hour and
24-hour duration events for the 2-year, 5-year and 10-year return
frequencies. Detention basin(s) and outlet(s) sizing will ensure that none of
these storm events has a higher peak discharge in the "after" condition than
in the "before" condition. For the 2-year and 5-year events the loss rate will
be determined using an AMC I condition. For the 10-year event AMC II will
be used. Constant loss rates shall be used for the 1-hour, 3-hour and 6-
hour events. A variable loss rate shall be used for the 24-hour events. Low
Loss rates will be determined using the following: 1. Undeveloped Condition
--> LOW LOSS = 90% 2. Developed Condition --> LOW LOSS = .9 - (.8 X
% IMPERVIOUS) 3. Basin Site --> LOW LOSS = 10% Where possible and
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
32 of 56
feasible the on -site flows shall be mitigated before combining with off -site
flows to minimize the size of the detention facility required. If it is necessary
to combine off -site and on -site flows into a detention facility two separate
conditions shall be evaluated for each duration/return period/before-after
development combination studied; the first for the total tributary area (off -
site plus on -site), and the second for the area to be developed alone (on -
site). It must be clearly demonstrated that there is no increase in peak flow
rates under either condition (total tributary area or on -site alone), for each
of the return period/duration combinations required to be evaluated. A
single plot showing the pre -developed, post -developed and routed
hydrographs for each storm considered, shall be included with the submittal
of the hydrology study. No outlet pipe(s) will be less than 18" in diameter.
Where necessary an orifice plate may be used to restrict outflow rates.
Appropriate trash racks shall be provided for all outlets less than 48" in
diameter. The basin(s) and outlet structure(s) must be capable of passing
the 100-year storm_ without damage to the facility. Mitigation basins shall be
designed for joint use and be incorporated into open space or park areas.
Side slopes shall be no steeper than 4:1 and depths shall be minimized
where public access is uncontrolled. A viable maintenance mechanism (a
Final WQMP), acceptable to City Engineering Department, shall be
provided for detention facilities.
108. Increased Runoff Study Required - A complete drainage study
including, but not limited to, hydrologic and hydraulic calculations for the
proposed detention facilities, shall be submitted to the City Engineering
Department for review and approval. Increased runoff mitigation basin
criteria shall be as indicated in condition "Increased Runoff Criteria". If the
City Engineer approves an increased runoff policy which supersedes this
criterion prior to the submittal of the complete drainage study, then the
current policy shall apply.
109. NPDES Compliance — This project requires a National Pollutant
Discharge Elimination System (NPDES) Construction General Permit from
the State Water Resources Control Board. Clearance for grading shall not
be given until the district and the City Engineering Department has
determined that the project has complied with the current Regional Water
Quality Control Board requirements regarding the NPDES Construction
General Permit. The applicant shall file a Notice of Intent electronically with
the EPA and provide a copy of this document to the Engineering
Department. The applicant shall provide the City Engineering Department
evidence of compliance with the requirement to obtain a construction permit
from the State Water Resource Control Board (SWRCB). The applicant
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. Additionally, at the time the City
adopts, as part of any ordinance, regulations specific to the NPDES, this
project shall comply with them.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
33 of 56
110. SWPPP Required - The applicant shall provide written proof of
compliance with the California Regional Water Quality Control Board, Santa
Ana Region's Watershed -wide waste discharge requirements as follows:
The management and maintenance of the project site shall be in
accordance with the projects approved Storm Water Pollution Prevention
Plans (SWPPPs), Monitoring Programs, and Post Construction
Management Plans to include the following best management practices
(BMPs) to reduce storm water pollution: The Applicant shall provide
educational materials to the facility manager and employees on good
housekeeping practices which contribute to the protection of storm water
quality. These educational materials shall be provided by the Riverside
County Flood Control and Water Conservation District and shall be
distributed by the property applicant. These materials shall address good
housekeeping practices associated with the site's land use and or uses
(e.g., good housekeeping practices for office, or industrial land use).
Employers at this site shall adapt these materials for training their
employees in good housekeeping practices (BMP N1 & N13); Only
pesticide applicators who are certified by the State of California as Qualified
Applicators or who are directly supervised by a Qualified Applicator shall
apply pesticides to common area landscaping. The applicator shall apply all
pesticides in strict accordance with pesticide application laws as stated in
the California Food and Agricultural Code. Fertilizer shall be applied to area
landscaping in accordance with the manufacturer's recommendations.
Application to hardscape surfaces shall be avoided (BMP N3); The 'catch
basins', more particularly described on approved Exhibit A shall be
inspected and, if necessary, cleaned by the applicants no later than
October 15th of each year. "ONLY RAIN IN THE DRAIN' and 'NO
DUMPING' stencils shall be repainted as necessary to maintain legibility
(BMP N4 & S12); The property applicant shall keep the area free of litter.
Litter receptacles shall be emptied at least once a month. Where improper
disposal of trash has occurred, the operator shall take corrective action
within forty-eight hours of discovery (BMP N5); The 'water quality inlets,
oil/water separators and trash racks' shall be inspected and, if necessary,
cleaned by the operator no later than October 15th of each year (BMP S4 &
S13). The driveways and parking lots shall be swept by the property
applicant at least once a year and shall be swept no later than October 15th
of each year (BMP N6); The property applicant shall keep loading docks in
a clean and orderly condition through a regular program of sweeping, litter
control, and the immediate cleanup of spills and broken containers. In
accordance with the Riverside County Ordinance No. 754, Establishing
Storm Water/Urban Runoff Management and Discharge Controls, illicit
discharges and non -storm water discharges (e.g., wash water) from loading
docks to storm water drains shall not be allowed (BMP N12); The property
applicant shall maintain an up-to-date list identifying the party or parties
responsible for the implementation and maintenance of each of the BMPs
described herein. The list shall include the parry's name, organization,
address, a phone number at which the party may be reached 24 hours a
day, and a description of the party's responsibility for implementation and
maintenance of a particular BMP (BMP N14). Applicant shall conform to the
latest NPDES requirements for BMP set forth by the Regional Water
Quality Control Board at the time of installation.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
34 of 56
111. Construction Traffic Control Plan - Prior to commencement of
construction of any kind, the applicant shall submit to the City Engineering
Department for approval a Construction Traffic Control Plan in compliance
with the latest CAMUTCD standards. This plan shall address impacts from
truck traffic, noise, and dust and shall propose measures to minimize these
effects and provide for safe use of the roads during construction. Included
in this plan shall be the Traffic Safety Plan for construction impacts in the
road right-of-way. This plan shall specify, for each phase, what measures
are required to mitigate the following:
a. Dust and dirt fallout from truck loads and from entrainment onto City
roadways. Street sweeping is required biweekly during construction
activity and daily during all grading operations. Corrugated steel panels,
gravel, and wheel washing BMPs shall be installed at all approved
construction entrances as part of the SWPPP.
b. Noise mitigation from truck traffic, including timing of construction, and
operation of vehicles through the surrounding residential streets.
c. Obtain permits from Cal Trans for work within the State road right -of- way
on 1-215 southbound off ramp and Scott Road.
d. Traffic safety within the road right-of-way including temporary traffic
control measures and devices.
112. Caltrans — Copies of the site grading and drainage plans shall be sent to
Caltrans to identify the extent of project impact to the adjacent State right-
of-way. A minimum distance of 1 meter between proposed wall and/or
footing, and existing State right-of-way shall be maintained to reduce the
need for Caltrans encroachment permits. A minimum distance of 4 feet
between retaining walls or buildings and existing State right-of-way fencing
shall be maintained to avoid creation of a trash trap condition.
Prior to Building Permit Issuance:
113. Grading Conditions - The property applicant shall obtain a grading
permit and approval to construct from the City Engineering Department.
The applicant's civil engineer shall provide the standard City of Menifee
rough grade certification form prior to issuance of building permit for each
building. The applicant's geotechnical engineer shall submit compaction
reports with 90% or better prior to building permit issuance.
114. No Building Permit without Grading Permit - Prior to issuance of any
building permit, the property applicant shall obtain a grading permit and/or
approval to construct from the City Engineering Department.
115. Conform to Elevations/Geotechnical Compaction - Rough Grade
Elevations of all building pads and structure pads submitted for grading
plan check approval shall be in substantial conformance with the elevations
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
35 of 56
shown on the approved Grading Plans. The appropriate Engineer -of -
Record Rough Grade Certification shall be submitted for
verification/acceptance to the City Engineering Department. The
appropriate Engineer -of -Record Compaction Testing Certification meeting
compliance with the approved project geotechnical/soils report shall be
submitted for verification/acceptance to the City Engineering Department.
116. 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 the City.
117. Signing and Striping Plan - A signing and striping plan conforming to all
requirements, conditions, and provisions of the CAMUTCD is required for
this project. The applicant shall be responsible for any additional paving
required to implement the striping plan. Traffic signing and striping shall be
performed by City forces with all incurred costs borne by the applicant,
unless otherwise approved by the City Engineer.
118. Street Light Plan - A separate street light plan is required for this project.
Street lighting shall be designed in accordance with 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.
119. Haun Road - Right-of-way shall be dedicated for a Major Highway per
Riverside County Standard No. 93 (767118) on Haun Road from Scott
Road to a the project northerly boundary including additional right of way for
the intersection widening at Scott Road (987140'). Additional right-of-way
shall be acquired by the adjacent property owner and provide transition
improvements to the existing road as approved by the City Engineer.. If
the Applicant is unsuccessful in negotiating any right-of-way acquisition with
the adjacent owners after a 30 day period, then the City shall conduct the
necessary analysis to determine in its sole discretion whether to attempt to
acquire the right-of-way by exercise of its power of eminent domain;
provided, however, that nothing herein shall be deemed a prejudgment or
commitment with respect to condemnation. In the event that the right-of-
way cannot be acquired and the City elects to not exercise its power of
eminent domain, then the applicant shall provide full improvements within
the project limits and transition within the existing right of way. A major
watercourse, with a drainage area of approximately 760 acres, is tributary
to the existing culverts at Haun Road near the northwest corner of the
project site. A culvert crossing shall be designed to convey flows across
Haun Road. This culvert shall be constructed as part of this project to
accommodate the required Haun Road improvements prior to the first
certificate of occupancy.
120. Scott Road - Right-of-way shall be dedicated for an Urban Arterial
Highway per Riverside County Standard No. 91 (1527110') on Scott Road
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
36 of 56
from Haun Road to the 1-215 Interchange including additional right of way
for the intersection widening at Haun Road (1237166). Additional right-of-
way shall be acquired, if necessary, from the adjacent property owner to
provide transition improvements to the existing road as approved by the
City Engineer. If the Applicant is unsuccessful in negotiating any right-of-
way acquisition with the adjacent owners after a 30 day period, then the
City shall conduct the necessary analysis to determine in its sole discretion
whether to attempt to acquire the right-of-way by exercise of its power of
eminent domain; provided, however, that nothing herein shall be deemed a
prejudgment or commitment with respect to condemnation. In the event
that the right-of-way cannot be acquired and the City elects to not exercise
its power of eminent domain, then the applicant shall provide full
improvements within the project limits and transition within the existing right
of way.
121. 1-215 Interchange - Right-of-way shall de dedicated on the project site to
accommodate the ultimate 1-215 interchange design including road
improvements, slopes, walls, setbacks, drainage facilities, utilities, and
other appurtenances to the satisfaction of Caltrans and the City Engineer.
122. Street Improvements — The applicant shall provide a Geometric
Approval Drawing (GAD) that shows all offsite improvements to be
constructed and traffic signals to be installed as part of this project including
striping, lane widths, turn pocket lengths, typical sections, pavement
transitions, medians, power poles, project tie-in to existing improvements,
and major appurtenances to be relocated and roadway dimensions. The
GAD shall show sight distance lines at all intersections and driveways for
the onsite and offsite improvements. The GAD shall include improvements
to be constructed with the project and for the ultimate improvements with
"The Junction" on two separate exhibits. The onsite improvements shall be
referenced on the GAD and may be screened back. The GAD shall be
approved by the City Engineer prior to the acceptance of the street
improvement plan check process.
123. Caltrans - The applicant shall comply with all Caltrans requirements and
not limited to the following.
• Maximum capacity of freeway area drainage systems cannot be
exceeded. Should 100 year project runoff volumes be determined to
exceed the maximum capacity of downstream State drainage facilities,
on -site detention basins, new drainage systems or other impact mitigation
will be required.
• Existing area drainage patterns, tributary runoff areas, existing area
drainage facilities, and proposed project drainage design shall be clearly
identified and analyzed to validate proposed drainage improvements.
124. Financing Mechanism
THE APPLICANT/DEVELOPER or any successor in interest, shall
participate in the establishment and funding of a public/private infrastructure
financing mechanism including, but not limited to, a Community Facilities
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
37 of 56
District, Infrastructure Financing District, PAYMENT OF DIF, private
LOANS OR GRANTS or other public and/or private funding mechanism(s).
Evidence of financing the DEVELOPER'S SHARE of the ultimate
improvements of the 1/215 Scott Road interchange, shall be demonstrated
to the satisfaction of the City Manager prior to issuance of a building
permit.
Prior to Certificate of Occupancy
125. Fees - Applicant shall pay fees as applicable into the regional
transportation funding programs for off -site improvements. The regional
transportation funding programs include the Transportation Uniform
Mitigation Fee (TUMF), the Traffic Signal Mitigation Fees, the Development
Impact Fees (DIF), and the Scott Road and Bridge Benefit District (RBBD),
Zone B.
126. Landscape in Right -of -Way. Landscaping within public road right-of-way
shall comply with Engineering Department standards and Ordinance 461
and shall require approval by the Engineering Department. Landscaping
plans shall be designed within Haun Road and Scott Road and submitted to
the Engineering Department. Landscaping plans shall be submitted on
standard City Plan sheet format (24" X 36"). Landscaping plans shall be
submitted with the street improvement plans. Assurance of continuous
maintenance is required for an application for annexation into a
Landscaping and Lighting Maintenance District by contacting the
Transportation Department at (951) 955-6829.
127. Landscape and Lighting Maintenance District (LLMD) - The applicant
shall submit to the City or its designee, the Transportation Department
L&LMD Administrator the following:
a. Completed Engineering Department application
b. (2)Sets of street lighting plans approved by Engineering
Department.
c. Appropriate fees for annexation.
d. "Streetlight Authorization" form from SCE, IID or other electric
provider.
128. Landscape and Lighting Maintenance District (LLMD) - Prior to
issuance of an occupancy permit the project proponent shall complete
annexation to Landscaping and Lighting Maintenance District No. 89-1-
Consolidated for maintenance of traffic signals within public road rights -of -
way for the required traffic signal(s).
129. Street Sweeping. Owner shall cause property to be annexed into
CSA152 or similar district or mechanism for NPDES BMP of street
sweeping, as approved by the City Engineer.
130. Conform to Elevations - Final Grade Elevations of all building finish
floors and structure finish floors submitted for grading plan check approval
shall be in substantial conformance with the elevations shown on the
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
38 of 56
approved Grading Plans. The appropriate Engineer -of -Record Final Grade
Certification shall be submitted for verification/acceptance to the City
Engineering Department.
131. Final Grade Certification — The applicant's civil engineer shall provide
the standard City of Menifee final grade certification form prior to certificate
of occupancy of each building.
132. Street Lights — Installation- Install street lights along the streets
associated with the development in accordance with the standards of
County Ordinances 460 and 461 and County procedures and design
guidelines.
133. Streetlight Authorization - The applicant shall submit to Engineering
Department Permits the following:
1. "Streetlight Authorization" form approved by the L&LMD
Administrator.
2. Letter establishing interim energy account from SCE, or other
electric provider
134. Install Street Lights. Install streetlights along the streets associated with
development in accordance with the approved street lighting plan and
standards of Ordinances 460 and 461.
Street light annexation into L&LMD or similar mechanism as approved by
the Engineering Department shall be completed.
It shall be the responsibility of the Developer to ensure that street lights are
energized along the streets associated with this development where the
developer is seeking Building Final Inspection (Occupancy).
135. Traffic Signal Installation — All traffic signal construction and associated
improvements including the coordination plan shall be complete and
operative prior to issuance of certificate of occupancy. The traffic signal
construction plans, specifications, and special provisions conforming to the
conditions and requirements of the CAMUTCD shall be approved by the
City Engineer.
136. Traffic Signal — The applicant shall comply in accordance with traffic
signal requirements within public road rights -of -way, directed by the
Engineering Department. Assurance of traffic signal maintenance is
required by filing an application for annexation to a Landscaping and
Lighting Maintenance District for the required traffic signals.
137. Plant and Irrigated Slopes - Plant and irrigate all slopes greater than or
equal to 3' in vertical height with grass or ground cover. Slopes that exceed
15' in vertical height are to be provided with shrubs and/or trees per County
Ordinance 457.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
39 of 56
138. Horizontal Alignment — The applicant shall provide a Geometric
Approval Drawing (GAD) that shows all offsite improvements to be
constructed and traffic signals to be installed as part of this project including
centerline, dimensions, striping, lane widths, turn pocket lengths, typical
sections, pavement transitions, medians, power poles, project tie-in to
existing improvements, and major appurtenances to be relocated and
roadway dimensions. The GAD shall include improvements to be
constructed with the project and for the ultimate improvements with "The
Junction" on two separate exhibits. The onsite improvements shall be
referenced on the GAD and may be screened back. The GAD shall be
approved by the City Engineer prior to the acceptance of the street
improvement plan check process.
139. Street Improvements - Prior to issuance of certificate of occupancy,
project applicant shall construct half -width road improvements and 8" type
D curb raised medians on Haun Road between northerly property line and
Scott Road with transitions to existing roadway.
140. Street Improvements - Prior to issuance of certificate of occupancy,
project applicant shall construct half -width road improvements on Scott
Road between Haun Road and 1-215 with transitions to existing.
141. Street Improvements - Prior to issuance of certificate of occupancy,
project applicant shall construct the project access Driveways A (northern
driveway) as a right -turn in and right -turn out access only (no left -turns will
be permitted) on Haun Road with the following intersection geometrics:
• Northbound: Two through lanes, , and one right -turn lane
• Southbound: Two through lanes
• Eastbound: N/A
• Westbound: One right -turn lane
142. Street Improvements - Prior to issuance of certificate of occupancy,
project applicant shall construct the project access and install a traffic signal
at Driveway B on Haun Road with the following intersection geometrics:
• Northbound: Two through lanes, two left turn lanes, one right turn
lane
• Southbound: Two through lanes, two left turn lanes
• Eastbound: N/A
• Westbound: Two left -turn lanes, two right turn lanes. Outer right -turn
lane shall be striped as a through lane when PP22279 opens the
opposing driveway entrance at Driveway B.
143. Street Improvements - Prior to issuance of certificate of occupancy,
project applicant shall construct the project access Driveways C (southern
driveway) as a right -turn in and right -turn out access only (no left -turns will
be permitted) on Haun Road with the following intersection geometrics:
• Northbound: Two through lanes, one right -turn lane
• Southbound: Two through lanes
• Eastbound: N/A
• Westbound: One right -turn lane
4850-641 a-2791.1 Conditions of Approval for Plot Plan No. 2009-121
40 of 56
144. Street Improvements - Prior to issuance of certificate of occupancy,
project applicant shall modify the traffic signal at the intersection of Haun
Road at Scott Road and widen the intersection to the following intersection
geometrics:
• Northbound: One left -turn lane, one shared through/right-turn lane
• Southbound: Two left -turn lanes, one through lane, one right -turn
lane
• Eastbound: One left -turn lane, one through lane, one right -turn lane
• Westbound: One left -turn lane, one through lane, two right -turn lanes
If Shops at Scott project is completed and operational, then the following
geometrics will apply:
• Northbound: One left -turn lane, two through, one right -turn lane
• Southbound: Two left -turn lanes, one through lane, one right -turn lane
• Eastbound: One left -turn lane, one through lane, one right -turn lane
• Westbound: -One left -turn lane, one through lane, two right -turn lanes
If The Junction Shopping Center project is completed and operational, then the
following geometrics will apply:
• Northbound: One left -turn lane, one shared through/right-turn lane
• Southbound: Two left -turn lanes, one through lane, one right -turn
lane
Eastbound: Two left -turn lanes, two through lanes, one right -turn lane
Westbound: One left4urn lane, one through lane, two right -turn lanes
145. Street Improvements - Prior to issuance of building permits, project
applicant shall modify the traffic signal with fee credit eligibility and/or fair
share cost determined by the City Engineer at the intersection of Antelope
Road at Scott Road and to widen the intersection to the following
intersection geometrics:
• Northbound: Two left -turn lanes, two through lane, one right -turn lane
• Southbound: One left -turn lanes, one through lane, one right -turn
lane
• Eastbound: Two left -turn lanes, one through lane, one shared
through/right-turn lane. Extension of the drainage culvert will be
required.
• Westbound: Two left -turn lanes, two through lanes, one right -turn lane
146. Zeiders Road - The project applicant shall pave the currently unpaved
segment of Zeiders Road between Scott Road and Keller Road
(approximately 0.7 miles) one lane in each direction (15 feet each lane,
30 feet wide total). The Commerce Pointe I and II project (PP21452 and
PP22280) has already been conditioned to pave and widen this segment
of Zeiders Road as part of its Conditions of Approval. If the Commerce
Pointe I and II project paves Zeiders Road subsequent to this project,
then this condition is satisfied and the applicant is not required to do
anything further nor reimburse the City or Commerce Pointe I and II for
that work. If project applicant paves Zeiders Road subsequent to
Commerce Pointe I and II, then project applicant will be eligible for future
fair share reimbursement.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
41 of 56
Section IV:
Riverside County Flood Control
District Conditions of Approval
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
42 of 56
General Conditions
147. Flood Hazard Report. Plot Plan 2009-121 (County Case No. 22674) is a
proposal to develop an approximately 30-acre site for commercial
development. The site is located in the City of Menifee on the north side of
Scott Road between Haun Road and Interstate 215. Parcel Map 35261 is
being processed concurrently with this PP 2009-121. The site receives
minimal offsite runoff. The existing onsite topography discharges storm
runoff to 3 different outfalls. The mass grading of the site perpetuates these
drainage patterns. However, to mitigate the site's water quality impacts,
each of these 3 subareas is broken down into several smaller subareas
which drain to porous landscape detention (PLD) facilities located
throughout the parking areas. Runoff is collected and treated in these
facilities and then conveyed downstream. Each PLD shall be designed to
treat the pollutants of concern for each tributary subarea or additional
mitigation features may be necessary.
Additional mitigation features are proposed for the runoff from the roof of
the large building (Walmart) located in the north central portion of site. The
increased runoff attributed to the development of this site is mitigated by
several underground vaults. The use of PLD's, roof filters and underground
vaults is acceptable to the District.
An encroachment permit from Caltrans may be required for discharging
flows into the existing channel located parallel to the freeway or for any
other grading or improvements within Caltrans right of way. Several other
developments along with road and freeway ramp improvements are
proposed in this area. While this development will need to 'stand alone',
street and drainage improvements shall be coordinated with surrounding
developments.
148. Storm Flows. The 10 year storm flow shall be contained within the curb
and the 100 year storm flow shall be contained within the street right of
way. When either of these criteria is exceeded, additional drainage facilities
shall be installed. The property shall be graded to drain to the adjacent
street or an adjacent outlet.
Drainage facilities outletting sump conditions shall be designed to convey
the tributary 100 year storm flows. Additional emergency escape shall also
be provided.
149. Perpetuate and Coordinance Drainage. The property's grading shall be
designed in a manner that perpetuates the existing natural drainage
patterns with respect to tributary drainage area, outlet points and outlet
conditions; otherwise, a drainage easement shall be obtained from the
affected property owners for the release of concentrated or diverted storm
flows. A copy of the recorded drainage easement shall be submitted to the
District for review.
Development of this property shall be coordinated with development of
adjacent properties to ensure that watercourses remain unobstructed and
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
43 of 56
storm water flows are not diverted from one watershed to another. This may
require the construction of temporary drainage facilities or offsite
construction and grading. A drainage easement shall be obtained from the
affected property owners for the release of concentrated or diverted storm
flows. A copy of the recorded drainage easement shall be submitted to the
District for review.
150. Increased Runoff. The development of this site will adversely impact
downstream property owners by increasing the rate and volume of flood
flows. To mitigate this impact, the developer has proposed a detention
basin. Although final design of the basin will not be required until the
improvement plan stage of this development, the applicant's engineer has
submitted a preliminary hydrology and hydraulics study that indicates that
the general size, shape, and location of the proposed basin is sufficient to
mitigate the impacts of the development.
An increased runoff basin shall be shown on the exhibit and calculations
supporting the size of the basin shall be submitted to the District for review.
The entire area of proposed development will be routed through a detention
facility(s) to mitigate increased runoff. All basins must have positive
drainage; dead storage basins shall not be acceptable. A complete
drainage study including, but not limited to, hydrologic and hydraulic
calculations for the proposed detention basin shall be submitted to the
District for review and approval. Storms to be studied will include the 1-
hour, 3-hour, 6-hour and 24-hour duration events for the 2-year, 5-year and
10-year return frequencies. Detention basin(s) and outlet(s) sizing will
ensure that none of these storm events has a higher peak discharge in the
post -development condition than in the pre -development condition. For the
2-year and 5-year events the loss rate will be determined using an AMC I
condition. For the 10-year event AMC II will be used. Constant loss rates
shall be used for the 1-hour, 3-hour and 6-hour events. A variable loss rate
shall be used for the 24-hour events.
Low Loss rates will be determined using the following:
1. Undeveloped Condition --> LOW LOSS = 90%
2. Developed Condition --> LOW LOSS = .9 -(.8x%IMPERVIOUS)
3. Basin Site --> LOW LOSS = 10% Where possible and feasible the on -
site flows should be mitigated before combining with off -site flows to
minimize the size of the detention facility required.
If it is necessary to combine off -site and on -site flows into a detention
facility two separate conditions should be evaluated for each duration/return
period/before-after development combination studied; the first for the total
tributary area (off -site plus on -site), and the second for the area to be
developed alone (on -site). It must be clearly demonstrated that there is no
increase in peak flow rates under either condition (total tributary area or on -
site alone), for each of the return period/duration combinations required to
be evaluated. A single plot showing the pre -developed, post -developed and
routed hydrographs for each storm considered, shall be included with the
submittal of the hydrology study. No outlet pipe(s) will be less than 18" in
diameter. Where necessary an orifice plate may be used to restrict outflow
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
44 of 56
rates. Appropriate trash racks shall be provided for all outlets less than 48"
in diameter. The basin(s) and outlet structure(s) must be capable of passing
the 100-year storm without damage to the facility. Embankment shall be
avoided in all cases unless site constraints or topography make
embankment unavoidable in the judgment of the General Manager -Chief
Engineer. Mitigation basins should be designed for joint use and be
incorporated into open space or park areas. Side slopes should be no
steeper than 4:1 and depths should be minimized where public access is
uncontrolled. A viable maintenance mechanism, acceptable to both the
County and the District, should be provided for detention facilities.
Generally, this would mean a CSA, landscape district, parks agency or
commercial property owners association.
151. WQMP. 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 included as 'exhibit A' in
the WQMP. A final Project Specific WQMP must be approved by the District
prior to issuance of building or grading permits.
Projects requiring Project Specific WQMPs are required to submit a
PRELIMINARY Project Specific WQMP along with the land -use application
package. The format of the PRELIMINARY report shall mimic the
format/template of the final report but can be less detailed. For example,
points a, b & c above must be covered, rough calculations supporting sizing
must be included, and footprint/locations for the BMPs must be identified on
the tentative exhibit. Detailed drawings will not be required. This preliminary
project specific WQMP must be approved by the District prior to issuance of
recommended conditions of approval.
The developer has submitted a report that meets the criteria for a
preliminary project specific WQMP. The report will need significant
revisions to meet the requirements of a final project specific WQMP. Also, it
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
45 of 56
should be noted that if 401 certification is necessary for the project, the
Water Quality Control Board may require additional water quality measures.
152. BMP Maintenance. 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.
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.
153. Phasing. 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 Issuance of Grading Permit
154. Improvement Plans. A copy of the improvement plans, grading plans,
BMP improvement plans and any other necessary documentation along
with supporting hydrologic and hydraulic calculations shall be submitted to
the District for review. The plans must receive District approval prior to the
issuance of grading permits. All submittals shall be date stamped by the
engineer and include a completed Flood Control Deposit Based Fee
Worksheet and the appropriate plan check fee deposit.
155. Erosion Control. Temporary erosion control measures shall be
implemented immediately following rough grading to prevent deposition of
debris onto downstream properties or drainage facilities. Plans showing
these measures shall be submitted to the District for review.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
46 of 56
156. Offsite Drainage. Offsite drainage facilities shall be located within
dedicated drainage easements obtained from the affected property
owner(s). Document(s) shall be recorded and a copy submitted to the
District prior to issuance of permits. If the developer cannot obtain such
rights, the project shall be redesigned to eliminate the need for the
easement.
157. Written Permission for Off -site. Written permission shall be obtained
from the affected property owner(s) allowing the proposed grading and/or
facilities to be installed outside of the project boundaries. A copy of the
written authorization shall be submitted to the District for review and
approval.
158. Encroachment Permit. An encroachment permit shall be obtained for
any work within CalTrans right of way or with CalTrans facilities. The
encroachment permit application shall be processed and approved
concurrently with the improvement plans.
159. WQMP. A copy of the project specific WQMP shall be submitted to the
District for review and approval. All BMP features shall be shown on the
grading plans.
Prior to Issuance of Building Permit
160. Improvement Plans. A copy of the improvement plans, grading plans,
BMP improvement plans and any other necessary documentation along
with supporting hydrologic and hydraulic calculations shall be submitted to
the District for review. The plans must receive District approval prior to the
issuance of building permits. All submittals shall be date stamped by the
engineer and include a completed Flood Control Deposit Based Fee
Worksheet and the appropriate plan check fee deposit.
161. WQMP. A copy of the project specific WQMP shall be submitted to the
District for review and approval. All BMP features shall be shown on the
grading plans.
Prior to Building Final Inspection
162. BMP Education. The developer shall distribute environmental
awareness education materials on general good housekeeping practices
that contribute to protection of storm water 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.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
47 of 56
163. BMP Installation. 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.
164. BMP Maintenance and Inspections. 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.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
48 of 56
Section V:
Riverside County Fire Department
Conditions of Approval
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
49 of 56
General Conditions
165. Blue Retro-Reflective Makers. Blue retro-reflective pavement markers
shall be mounted on private street, public streets and driveways to indicate
location of fire hydrants. Prior to installation, placement of markers must be
approved by the Riverside County Fire Department.
166. Minimum Fire Flow. Minimum required fire flow shall be 4000 GPM for a
4 hour duration at 20 PSI residual operating pressure, which must be
available before any combustible material is placed on the job site. Fire flow
is based on type VB construction per the 2007 CBC and Building(s) having
a fire sprinkler system.
167. Fire Hydrants. A combination of on -site and off -site super fire hydrants,
on a looped system (6"x4"x 2-2 1/2"), will be located not less than 25 feet or
more than 165 feet from any portion of the building as measured along
approved vehicular travel ways. The required fire flow shall be available
from any adjacent hydrants(s) in the system.
168. Tank Permits. Applicant or Developer shall be responsible for obtaining
under/aboveground fuel, chemical and mixed liquid storage tank permits,
from the Riverside County Fire Department and Environmental Health
Departments. Plans must be submitted for approval prior to installation.
Aboveground fuel/mixed liquid tanks(s) shall meet the following standard:
Tank must be tested and labeled to UL2085 Protected Tank Standard or
SwRI 93-01. The test must include the Projectile Penetration Test and the
Heavy Vehicle Impact Test. A sample copy of the tank's label from an
independent test laboratory must be included with your plans.
169. Fire Facilities. All fire facilities required by the project shall be dedicated
to the City of Menifee.
Prior to Issuance of Buildinq Permit
170. Plan Check Fee. 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.
171. Water Plans. 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."
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
50 of 56
Prior to Building Final Inspection
172. Fire Lanes. The applicant shall prepare and submit to the Fire
Department for approval, a site plan designating required fire lanes with
appropriate lane painting and/or signs.
173. Sprinkler System. 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
174. Fire Extinguishers. Install portable fire extinguishers with a minimum
rating of 2A-1013C and signage. Fire Extinguishers located in public areas
shall be in recessed cabinets mounted 48" (inches) to center above floor
level with maximum 4" projection from the wall. Contact Fire Department for
proper placement of equipment prior to installation.
175. Hood Ducts. A U.L. 300 hood duct fire extinguishing system must be
installed over the cooking equipment. Wet chemical extinguishing system
must provide automatic shutdown of all electrical components and outlets
under the hood upon activation. System must be installed by a licensed C-
16 contractor. Plans must be submitted with current fee to the Fire
Department for review and approval prior to installation.
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)
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
51 of 56
Section VI:
Riverside County Environmental
Health Conditions of Approval
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
52 of 56
General Conditions
176. Developer Shall Comply with EMWD Requirements. Plot Plan No.
2009-121 is 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 are met with EMWD, as
well as, all other applicable agencies. Any existing septic system(s) must be
properly abandoned or removed under permit with the Department of
Environmental Health (DEH).
Prior to Issuance of Building Permit
177. Food Plans. A total of three complete set of plans for each food
establishment are needed including a fixture schedule, a finish schedule,
and a plumbing schedule in order to ensure compliance with the California
Uniform Retail Food Facilities Law.
Prior to Final Inspection
178. UST Plans. Construction plans must be reviewed and approved by the
Hazardous Materials Division prior to the installation of the underground
storage tank (UST) system. There is a construction fee based on the
number of UST's installed. Permits from the Hazardous Materials Division
must be obtained for the operation of the UST's prior to occupancy.
179. Hazmat Waste. The facility requires a hazardous waste permit if a
hazardous waste is generated as defined in Title 22 of the California Code
of Regulations, Section 66260.10 and 66261.3. The report and fee is due.
180. Hazardous Materials Management Division. 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.
181. Hazardous Materials Contact. Contact a Hazardous Materials
Specialist, Hazardous Materials Management Division, at (951) 358-5055
for any additional requirements.
182. Business Emergency Plan. The facility will require a business
emergency plan for the storage of hazardous materials greater than 55
gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials
or extremely hazardous substances.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
53 of 56
Section VII:
Riverside County Environmental
Programs Department
Conditions of Approval
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
54 of 56
Burrowing Owl Survey. Per PDB05206 Pursuant to Objective 6 of the Species
Account for the Burrowing Owl included in the Western Riverside County Multiple
Species Habitat Conservation Plan, within 30 days prior to the issuance of a
grading permit, a pre -construction presence/absence survey for the burrowing
owl shall be conducted by a qualified biologist and the results of this
presence/absence survey shall be provided in writing to the County Biologist. If it
is determined that the project site is occupied by the Burrowing Owl, take of
"active" nests shall be avoided. However, when the Burrowing Owl is present,
active relocation outside of the nesting season (March 1 through August 15) by a
qualified biologist shall be required. The County Biologist shall be consulted to
determine appropriate translocation sites. Occupation of this species on the
project site may result in the need to revise grading plans so that take of "active"
nests is avoided or alternatively, a grading permit may be issued once the
species has been actively relocated.
2. Riparian/RiverineNernal Pool Proof. The applicant shall provide proof of
compensatory in lieu fee payment and proof for 401, 404, and 1602 permit
consultations and permits/agreements where applicable to the City of Menifee,
include the Riverside County Environmental Programs Department, prior to
initiation of site disturbance within jurisdictional areas.
3. Nesting Bird Survey. A nesting bird survey is required between February 1st
and August 31st. No grading permit shall be issued between February 1st and
August 31st unless a qualified biologist, currently holding an MOU with the
County, conducts a nesting bird survey. The results of the survey shall be
submitted directly to EPD for review and approval prior to issuance of any
grading permit. If nesting activity is observed, California Department of Fish and
Games (CDFG) shall be contacted in order to establish proper buffers.
Documentation of the installation of buffers and consultation with CDFG shall be
provided to EPD prior to any grading activities. This condition only applies if a
grading permit is sought between February 15th and August 31st. No nesting
bird survey shall be required outside of the nesting season. If you have any
questions about this condition please contact EPD directly at 951-955-6892.
4. Best Management Practices. Prior to issuance of a grading permit or any site
preparation, best management practices (BMP's) must be installed by a qualified
biologist to prevent downstream impacts to riparian/riverine habitat. BMPs will
include, but not be limited to the placement of silt fencing. Once BMPs are in
place, EPD must be contacted directly for a site visit to make sure the BMPs are
acceptable. Please contact Biologist, Jared Bond, with the Riverside County
Environmental Programs Department with any questions and to schedule a site
visit at (951) 955-0314.
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
55 of 56
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)
4850-6418-2791.1Conditions of Approval for Plot Plan No. 2009-121
56 of 56
Date
Title (please print)