PC12-110Resolution PC 12-110
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING PUBLIC USE PERMIT NO. 2011-165 "SANTA ROSA ACADEMY"
Whereas, in November 23, 2011, the applicant, Santa Rosa Academy, filed a
formal application with the City of Menifee for a public use permit for a charter school
including a high school, middle school and elementary school on 27.22 gross acres on
the southwest corner of La Piedra Road and Haun Road within the City of Menifee; and,
Whereas, on April 24, 2012, the Planning Commission held a duly noticed public
hearing on the Project, considered all public testimony as well as all materials in the staff
report and accompanying documents for Public Use Permit No. 2011-165, 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,
Whereas, at the April 24, 2012 Planning Commission public hearing, the
Commission found that:
Staff review concluded that the proposed project is consistent with the criteria necessary
to approve the public use permit application.
1. Consistency with the General Plan. The public use permit is consistent with the
General Plan Land Use Map, Specific Plan and applicable General Plan
objectives, policies, and programs.
The General Plan land use of the site is Mixed Use (MU). This land use category
was adopted for the entire project site of the Town Center Specific Plan allowing
flexibility in the implementation of the Specific Plan. The mixed use land
category allows for the development of a variety of uses including residential,
commercial, office and civic uses. The project is consistent with the intent of the
land use designation.
The project is within the Town Center Specific Plan, Planning Area 5. The
General Plan Land Use Designation described above is compatible with the
underlying zoning classification of Specific Plan (Town Center Specific Plan,
Planning Area 5). The project is consistent with the design guidelines and
development standards of the Specific Plan.
The project is consistent with General Plan Land Use Policy LU 4.1 which
requires that new developments be located and designed to visually enhance,
not degrade the character of the surrounding area through consideration of the
following concepts:
a. Compliance with the design standards of the appropriate area plan land
use category.
The project has been designed to be consistent with the Specific Plan
design guidelines and development standards.
b. Require that structures be constructed in accordance with the
requirements of the County's zoning, building, and other pertinent codes
and regulations.
Resolution No PC 12-110
PUP 2011-165
April 24, 2012
The project has been designed consistent with the Specific Plan design
guidelines and development standards. The project has been
conditioned to be constructed in compliance with the California Building
Code. Development of the project has been conditioned to comply with
all City, County, State and Federal codes and regulations.
Require that an appropriate landscape plan be submitted and
implemented for development projects subject to discretionary review.
A conceptual landscaping plan has been submitted and reviewed. The
landscaping has been designed to buffer the site from residential uses to
the west. The site is adequately landscaped with trees, shrubs, and
groundcover. A working landscaping and irrigation plan will be required
prior to building permit issuance.
d. Require that new development utilize drought tolerant landscaping and
incorporate adequate drought -conscious irrigation systems.
The landscaping and irrigation has been designed to be consistent with
the City Landscaping Ordinance which requires low water usage and
drought tolerant plantings.
e. Pursue energy efficiency through street configuration, building orientation,
and landscaping to capitalize on shading and facilitate solar energy, as
provided for in Title 24 of the California Administrative Code.
The School Project is subject to the requirements of the CALGreen Code.
Through complying with Title 24 energy standards (and thus, the
CALGreen Code), the School Project would be consistent with the "Green
Building Initiative."
The School Project includes the following design elements to help meet
the School Project's commitment to exceeding 2008 Title 24 efficiency
standards by 15 percent:
• Low -contrast lighting and use low -voltage fixtures and energy -
efficient bulbs, such as compact fluorescent and light emitting
diode (LED) bulbs. Blue or cool -white LEDs should be shielded
properly to prevent light pollution.
• Building articulation and form is driven by environmental and site
conditions such as solar orientation, views, noise, prevailing
winds, and local climate. Particular emphasis shall be placed on
shading devices when east —west orientation is appropriate.
• Site plans employ features such as courtyards, plazas, and patios
to provide shading and air circulation.
• School Project would participate in SCE's "Savings by Design"
program.
Resolution No PC 12-110
PUP 2011-165
April 24, 2012
f. Incorporate water conservation techniques, such as groundwater
recharge basins, use of porous pavement, drought tolerant landscaping,
and water recycling, as appropriate.
The project provides drought tolerant landscaping and low water usage
irrigation. The project will be conditioned to provide water pipes for
recycled water.
g. Encourage innovative and creative design concepts.
The project includes high quality architecture and landscaping. There are
several courtyards throughout the school site that provide areas for
students. The project also includes an outdoor terrace for classes which
is unique design.
h. Encourage the provision of public art.
The project does not include public art, but will include monument signs
consistent with the design guidelines of the specific plan. The school
itself has the potential to be a landmark or prominent site within the City.
The theater and sports fields will be available for public use when not
used by the school.
i. Include consistent and well -designed signage that is integrated with the
building's architectural character.
The project will include monument signs consistent with the design
guidelines of the specific plan.
j. Provide safe and convenient vehicular access and reciprocal access
between adjacent commercial uses.
The vehicular access has been designed to be safe and convenient for
both vehicles and pedestrians. The project is not a commercial project,
but the effects to circulation on the adjacent commercial properties has
been reviewed and designed to limit and reduce impacts.
k. Locate site entries and storage bays to minimize conflicts with adjacent
residential neighborhoods.
The main entrance to the site is located on La Piedra Road to minimize
conflicts with residential uses to the west of the site. The project does not
propose storage bays.
Mitigate noise, odor, lighting, and other impacts on surrounding
properties.
Noise impacts have been analyzed and reviewed in a Noise Study as part
of the Addendum to the EIR. Noise impacts are mitigated to less than
Resolution No PC 12-110
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April 24, 2012
significant levels. Lighting will be required to be consistent with the City's
Dark Sky Ordinance. The use is not anticipated to result in odors.
m. Provide and maintain landscaping in open spaces and parking lots.
The project includes ample landscaping throughout the site and within the
parking lot. The school will be required to maintain the landscaping in a
viable growth condition throughout the life of the project.
n. Include extensive landscaping.
The site includes extensive landscaping. Specifically, there are over 938
trees proposed, with a good amount of the trees planted along the site's
property lines. 435,000 square feet of the site's total 1,089,000 sq. ft. is
landscaped.
o. Preserve natural features, such as unique natural terrain, drainage ways,
and native vegetation, wherever possible, particularly where they provide
continuity with more extensive regional systems.
The site does not currently contain unique natural terrain, drainage ways
or native vegetation. The project will provide a connection between the
site and the Paloma Wash Drainage Channel Trail to the east of the site.
p. Require that new development be designed to provide adequate space
for pedestrian connectivity and access, recreational trails, vehicular
access and parking, supporting functions, open space, and other
pertinent elements.
The site has been designed to provide adequate pedestrian connectivity
and access, vehicular access and parking. The project provides sports
fields for students and public use (when not in use by the school).
q. Design parking lots and structures to be functionally and visually
integrated and connected.
The parking lot has been designed so that the majority of the lot is not in
view from Sherman Road or La Piedra Road, so the visual impact is
softened. The parking lot has adequate shading through the use of trees.
Site buildings access points along sidewalks, pedestrian areas, and
bicycle routes, and include amenities that encourage pedestrian activity.
The project will provide sidewalk along Sherman Road and La Piedra
Road. The project provides a connection to the trail within the Paloma
Wash. A twelve foot running path is proposed along the entire perimeter
of the site.
s. Establish safe and frequent pedestrian crossings.
Resolution No PC 12-110
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April 24, 2012
The project will provide crosswalks and/or striping at all entrances to the
site for safe pedestrian movements. Crossing guards will be utilized at
the intersection of Sherman Road and La Piedra Road as well.
t. Create a human -scale ground floor environment that includes public open
areas that separate pedestrian space from auto traffic or where mixed, it
does so with special regard to pedestrian safety.
The project will provide sidewalk along Sherman Road and La Piedra
Road. The project will also include parkway landscaping.
Surrounding General Plan Land Use designations, Mixed Use (per the Town
Center Specific Plan) to the north, Medium Density Residential (MDR) (2-5 d/u
per acre), Medium High Density Residential (MHDR) (5-8 d/u per acre), and
Open Space: Recreation (OS: R) to the south, Open Space: Recreation (OS: R)
and Business Park (BP) to the east, and Rural Community: Very Low Density
Residential to the west. The project is compatible with the land uses to the north
which will be required to be developed consistent with the Town Center Specific
Plan. The project is buffered by the business park land use to the east by the
Paloma Wash and Haun Road. The project will mitigate impacts to surrounding
residential land use designations through project design, including but not limited
to walls, landscaping, architecture, and road improvements. The project will be
compatible with surrounding land uses.
The project is consistent with the existing general plan land use and there is a
reasonable possibility that the project will be consistent with future general plan
and; therefore, shall not interfere with the future adopted general plan, including
a housing element that is consistent with the state housing element law. The
proposed general plan land use for this site pursuant to the City's Draft Land Use
Map is "Specific Plan." The land use description is defined as follows:
The purpose of a specific plan is to provide detailed policies, standards
and criteria for the development or redevelopment of an area. As required
by State law, specific plans are generally comprised of a land plan,
circulation plan, development standards, design guidelines, phasing plan,
and set forth detailed implementation programs necessary to serve the
development. The City of Menifee has thirteen adopted specific plans,
such as the Audie Murphy Ranch, Fleming Ranch, and Canyon Heights,
among others.
The actual designation of each area will be SP followed by a
corresponding number (i.e. SP-1). Land uses within the SP areas
depicted on the Land Use Plan are conceptual and will be shown to
provide context with surrounding uses. Actual land uses are illustrated in
detail in the Specific Plan document (zoning). Amendments to land use in
the Specific Plan will not warrant a revision to the General Plan (General
Plan Amendment).
The City of Menifee has two active conservation plans within the City's boundary,
the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat
Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the
SKR-HCP and the Western Riverside County MSHCP. The project site is
Resolution No PC 12-110
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April 24, 2012
located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee
Area. The proposed project is located within the boundaries of the Western
Riverside County Multiple Species Habitat Conservation Plan; however, the
project is not located with a Criteria Cell or Cell Group. The project will be
subject to the payment of fees for an industrial project consistent with the
Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore,
the project will not conflict with the provisions of the adopted HCP, Natural
Conservation Community Plan, or other approved local, regional, or state
conservation plan and the impact is considered less than significant.
2. Consistency with the Zoning Code.
The project is zoned Specific Plan (Town Center SP No. 2009-069 Planning Area
5). The Specific Plan created its own zoning and land use regulations. Planning
Area 5 is designated as a "Mixed Use" land use category, as shown in Figure 8
of the Town Center Specific Plan, and Table 2 shows that "Civic/Educational"
land uses are allowed under the "Mixed Use" land use category with approval of
a Public Use Permit. The project is consistent with the zoning and development
standards prescribed by the Specific Plan.
Surrounding zoning includes Specific Plan No. 2009-069 to the north,
Countryside Specific Plan (residential) to the south, Industrial Park (I-P) to the
east, and Rural Residential (R-R) and Residential Agricultural (R-A) to the west.
The project is compatible with the zoning to the north as the property is within the
same Specific Plan as the project site and will be required to be developed
consistent with the Town Center Specific Plan design guidelines and
development standards. The project is buffered by the Industrial Park zoning to
the east by the Paloma Wash and Haun Road. The project will mitigate impacts
to surrounding residential zoning through project design, including but not limited
to walls, landscaping, architecture, and road improvements. The project will be
compatible with surrounding zoning.
The Specific Plan does not contain development standards for the dimensions of
parking dimensions; therefore, Ordinance 348 was used to determine sizes for
parking spaces. Ordinance No. 348, Section 18.12 requires that the end stalls,
parking spaces adjacent to planters, be 11 feet wide when the angle of the
parking space is 90 degrees; however, the end spaces proposed will only be 9
feet and therefore do not meet the parking lot layout standard. The Code
contains a provision to allow modifications to the layout requirements: Ordinance
No. 348, Section 18.12 d. REQUESTS FOR MODIFICATIONS FROM PARKING
STANDARDS. The Planning Director may, without notice or hearing, permit
modifications to the circulation and parking layout requirements where
topographic or other physical conditions make it impractical to require strict
compliance with these requirements. The applicant has requested the
modification to the parking layout standards pursuant to the section noted above.
According to the applicant, in order to provide the required 11' end stalls, 80 of
the approximately 176 parking spaces provided would be 11' wide. This would
significantly increase the physical land area required to accommodate the
parking spaces and would result in a significant reduction in the large landscape
islands throughout the parking lot. The large landscape islands are of great
benefit to the project on many fronts, both functionally and aesthetically. The 11
foot wide it required for easier maneuvers into the parking space and to provide a
Resolution No PC 12-110
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April 24, 2012
little extra space so that people exiting the car are not stepping into planters;
however, six inch high curb with a 12 inch wide concrete walkway is required to
be constructed along planters on end stalls adjacent to vehicle parking spaces.
The modification is appropriate because the reduction of the size of the planters
would diminish the parking lot and shading. In addition, based on the layout of
the site and parking, increasing the space width would result in a loss of parking,
which although the project exceeds what is required, one would want as much
onsite parking as possible with this type of use (school, theater, sports fields).
3. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or injurious
to or incompatible with other properties or land uses in the project vicinity.
The site is bordered to the north by vacant land, to the south by vacant land
which is proposed to be residential, vacant land which is proposed for a shopping
center to the east and single family residential on large lots to the west. The
proposed project is compatible with the surrounding land uses, general plan land
use designations and zoning classifications. The project incorporates quality
architecture and substantial landscaping which will enhance the area. The
project will mitigate impacts to surrounding residential land use designations
through project design, including but not limited to walls, landscaping,
architecture, and road improvements. Environmental impacts resulting from the
project have been analyzed in an Addendum to the Town Center EIR and
mitigated to the greatest extent feasible. Therefore, the project is not anticipated
to create conditions materially detrimental to the public health, safety and general
welfare or injurious to or incompatible with other properties or land uses in the
project vicinity.
4. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
The environmental impacts associated with development of the project site which
is located in Planning Area 5 of the Town Center Specific Plan were addressed in
the previously certified Town Center Specific Plan EIR. The proposed School
Project would not result in any new significant impacts and would not increase
the severity of the previously identified significant impacts. Thus, the proposed
School Project does not constitute "substantial changes" that would require
"major revisions" to the EIR due to new or increased impacts (refer to Section
15162 [a][1 ]). Additionally, the "circumstances under which the project" would be
undertaken are no different than described in the EIR (refer to Section
15162[a][2]). Further, the proposed School Project does not represent "new
information of substantial importance" that would result in new or greater impacts
not discussed in the EIR. For these reasons, a subsequent EIR to address this
new information is not required.
Section 15164 of the CEQA Statute and Guidelines provides the authority for
preparing an addendum to a previously certified EIR or adopted negative
declaration. Specifically, Section 15164 states the following:
Resolution No PC 12-110
PUP 2011-165
April 24, 2012
(a) The lead agency or responsible agency shall prepare an
addendum to a previously certified EIR if some changes or
additions are necessary but none of the conditions described in
Section 15162 calling for preparation of a subsequent EIR have
occurred.
(b) An addendum to an adopted negative declaration may be
prepared if only minor technical changes or additions are
necessary or none of the conditions described in Section 15162
calling for the preparation of a subsequent EIR or negative
declaration have occurred.
(c) An addendum need not be circulated for public review but can be
included in or attached to the final EIR or adopted negative
declaration.
(d) The decision -making body shall consider the addendum with the
final EIR or adopted negative declaration prior to making a
decision on the project.
(e) A brief explanation of the decision not to prepare a subsequent
EIR pursuant to Section 15162 should be included in an
addendum to an EIR, the lead agency's findings on the project, or
elsewhere in the record. The explanation must be supported by
substantial evidence.
Because the proposed School Project does not meet the conditions described in
Section 15162 of the CEQA Statute and Guidelines, the City determined that an
addendum to the previously certified EIR is the appropriate documentation to
address the proposed School Project. The environmental analysis presented in
the addendum to the EIR demonstrates that the proposed School Project will not
create new or greater significant environmental impacts than those identified in
the previously certified EIR.
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
The Findings set out above are true and correct.
2. Addendum to Environmental impact Report No. 2010-152
(SCH#2009091022) for the Town Center Specific Plan is Certified.
3. Public Use Permit No. 2011-165, is approved subject to the Conditions of
Approval as set forth in Exhibit "1" to this Resolution and as approved by
the Planning Commission on April 24, 2012.
Resolution No PC 12-110
PUP 2011-165
April 24, 2012
PASSED, APPROVED AND ADOPTED THIS 24" DAY OF APRIL 2012.
Bill Zimme iair
ATTEST:
ennifer Allen, Planning Commission Secretary
Approvgd-as,to
Joseph/V., /re1'cfzr k#erimCity Attorney
Wallace W. Edgerton
Mayor
Fred Twyman
Vice Mayor
John V. Denver
Councilmember
Darcy Kuenzi
Councilmember
Thomas Fuhrman
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 95i•679.3843
www.cityofinenifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do
hereby certify that the foregoing Resolution No. PC12-110 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
24th day of April, 2012 by the following vote:
Ayes:
Liesemeyer, Thomas, Warren, Zimmerman
Noes:
None
Absent:
None
Abstain:
Matelko
en ' er Allen, Planning Commission Secretary
EXHIBIT "1"
Conditions of Approval for
Public Use Permit No. 2011-165
"Santa Rosa Academy"
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 Fire Department
Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
Section VI: Riverside County Environmental Programs
Department
5/23/2012 Page 1 of 58
Section I:
Conditions Applicable to all
Departments
5/23/2012 Page 2 of 58
General Conditions
Description. Planning Case 2011- 165 Public Use Permit proposes
development of 27.22 gross acres with a kindergarten through twelfth grade (K-
12) school to serve 1,000 full-time students (300 full-time elementary school
students, 300 full-time middle school students, and 400 full-time high school
students) along with 200 students (125 elementary school students and 75
middle school students) who attend school two days per week for teacher
directed instruction with three days at home, and 300 home -schooled students
who would not drive into school. The school includes nine school buildings which
include classrooms, administration office, library, gym, theater, guard house,
storage buildings and snack kiosk (approximately 109,125 square feet);
approximately 12 acres of outdoor uses including outdoor basketball and
tetherball courts, full sized soccer and baseball fields (unlit), and running track;
and surface parking with approximately 176 parking spaces. Primary vehicular
access would be provided at three ingress/egress locations on La Piedra Road,
with a secondary vehicular access on Sherman Road. The School Project would
be developed in two phases. Phase I will include the construction of the
classroom buildings, administrative office, library, guard house, and storage
buildings, as well as driveways and parking areas and the outdoor play areas,
basketball courts, running track, soccer field. Road improvements that would be
completed during Phase I include construction of La Piedra Road (full width)
along the School Project site frontage, construction of Sherman Road (half width)
along the School Project site frontage and continuing south to Holland Road.
Phase II will include the construction of the gymnasium, theater and baseball
fields. A kitchen/cafe is located within the theater and shall be for the use of the
school and special events. The kitchen/cafe is not intended to be a retail -type
coffee shop open to the public. Phase II will also include the addition a charging
station for an alternative vehicle. Public parking will be restricted on Sherman
Road and La Piedra Road.
5/23/2012 Page 3 of 58
The school includes the following buildings:
Building A
Administration Offices
Level 1: 5,300 sq. ft.
Level 2: 3,000 sq. ft.
Building B
Library/Tech Center
Level 1: 6,100 sq. ft.
Level 2: 2,260 sq. ft.
Building C
Elementary Classrooms
14,775 sq. ft.
Building D
Middle School Classrooms
Level 1: 7,100 sq. ft.
Level 2: 7,100 sq. ft.
Building E
High School Classrooms
Level 1: 9,315 sq. ft.
Level 2: 9,315 sq. ft.
Building F
Theater (Phase II)
15,160 sq. ft.
Building G
Gymnasium (Phase II)
26,900 sq. ft.
Building H
Student Pavilion
2,400 sq. ft.
Building J
Security Office
400 sq. ft.
Building K
Storage Buildings (3)
400 sq. ft. each
1,200 sq. ft. total
Building L
Total Square Footage
including Second Levels
Building coverage (not
Including Second Levels
Full Time Employees and Faculty:
High School
Middle
Elementary
School Start times and End times:
Snack Kiosk
400 sq. ft.
110,725 sq. ft.
89,050
16
12
18
7:10-7:30 am 2:50 pm' 2:50-3:10 pm
High School 7:30 am
Middle 7:50 am
7:30 — 7:50 am 2:30 pm 2:30-2:50 pm
Elementary 8:10 am
7:.50-8:10 am 2:50 pm 2:10-2:30 pm
*Approximately 25% of the high
school students are normally done with classes around
noon (12:00 pm).
The project is located on the southeast corner of La Piedra Road and Sherman
Road in the City of Menifee. The APN is 360-110-010 and 360-110-011.
5/23/2012 Page 4 of 58
Indemnification. The permitee shall indemnify, protect, defend, and hold
harmless, the City and any agency or instrumentality thereof, and/or any of its
officers, employees and agents (collectively the "City") from any and all claims,
actions, demands, and liabilities arising or alleged to arise as the result of the
permitee's performance or failure to perform under this Plot Plan or the City's
approval thereof, or from any proceedings against or brought against the City, 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 any agency or instrumentality thereof, advisory
agency, appeal board or legislative body including actions approved by the
voters of the City, concerning Public Use Permit No. 2011-165 and the
Addendum to Environmental Impact Report for the Town Center Specific Plan
(2010-152 EIR/SCH#2009091022) and any approval hereunder.
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Public Use Permit No. 2011-165 shall be henceforth
defined as follows:
Permitee, Applicant, Project Permitee(s), Project Developer(s) shall all
mean the Permitee of this project.
APPROVED EXHIBIT A = Site Plan for Public Use Permit No. 2011-165,
dated 4/5/12.
APPROVED EXHIBIT G = Grading Plan for Public Use Permit No. 2011-
165, dated 4/5/12.
APPROVED EXHIBIT B = Elevations for Public Use Permit No. 2011-165,
dated 4/5/12.
APPROVED EXHIBIT C = Floor Plans for Public Use Permit No. 2011-
165, dated 4/5/12.
APPROVED EXHIBIT L = Landscaping Plan for Public Use Permit No.
2011-165, dated 4/5/12.
APPROVED EXHIBIT M = Materials for Public Use Permit No. 2011-165,
dated 4/5/12.
4. 90 Days. The permitee 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. City of Menifee. The City of Menifee is a new City, incorporated on October 1,
2008; the City is studying and adopting its own ordinances, regulations,
procedures, processing and development impact fee structure. In the future the
City of Menifee will identify and put in place various processing fees to cover the
reasonable cost of the services provided. The City also will identify and fund
5/23/2012 Page 5 of 58
mitigation measure under CEQA through development impact fees. Such fees
may include but are not limited to processing fees for the costs of providing
planning services when development entitlement applications are submitted,
which fees are designed to cover the full cost of such services, and development
impact fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing districts
to cover the costs of maintenance of improvements constructed by development,
Permitee 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 permitee 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.
6. 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.
7. Ceased Operations. In the event the use hereby permitted ceases operation for
a period of one (1) year or more, this approval shall become null and void.
8. Business Registration. Every person conducting a business within the City of
Menifee shall obtain a business license, as required by the Menifee Municipal
Code. For more information regarding business registration, contact the City of
Menifee.
9. Expiration Date. This approval shall be used within two (2) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. By
use is meant the beginning of substantial construction contemplated by this
approval within two (2) year period which is thereafter diligently pursued to
completion or to the actual occupancy of existing buildings or land under the
terms of the authorized use. Prior to the expiration of the two year period, the
permitee may request a one (1) year extension of time in which to begin
substantial construction or use of this permit. Should the one year extension be
obtained and no substantial construction or use of this permit be initiated within
three (3) years of the approval date this permit, shall become null and void.
10. Development Agreement. This project is subject to a Development Agreement
(DA) which applied to the entire Menifee Town Center Specific Plan. In the event
any of these conditions are in conflict with the DA, the DA shall supersede the
Condition of Approval contained herein.
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Section II:
Planning Conditions of Approval
5/23/2012 Page 7 of 58
General Conditions
11. 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, B, C, G, L and M unless otherwise amended by
these conditions of approval.
12. Outside Lighting. Any outside lighting shall be hooded and directed so as not to
shine directly upon adjoining property or public rights -of -way.
13. No Lighting for Sports Fields. No lighting for the sports fields has been
proposed as part of this public use permit application. No lighting of the sports
fields will be allowed without subsequent review and approval by the Planning
Department.
14. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT M.
5/23/2012 Page 8 of 58
15. Parking.
The project provides 176 parking spaces. The parking was based on the
requirements of the Specific Plan and Ordinance 348 was referenced for the high
school parking.
1.5 spaces per
1.5 x 16
24
Elementary School
Ciassroom (per SP
Classrooms
Table 7)
Middle School
1.5 spaces per
1.5 x 13
20
Classroom
Classrooms
(Although not
specified in Table 7
of the SP, this was
deemed to be an
appropriate
standard)
Per Ord. 348:
1 space per
16 employees
16
employee
16 faculty members
16
High School
1 space per faculty
400 full time
50
member
students
1 space for every
eight students
Total Parking
Required Not
126
including Theater
Per Card. 348:
Parking Required
1 space for every
500 seat theater
167
for Theater
three seats
Parkinca Provided
176
The theater shall not be in use, other than for classes associated with the school,
during school hours. There shall not be special events within the theater building
or gymnasium during school hours, as parking has not been required to
accommodate both uses, the school and special events in the theater, at the
same times. If parking were calculated on a worst case scenario, then 293
parking spaces would be required. The specific plan allows shared parking if the
permitee demonstrates that the proposed uses have different hours of parking
demand or that the parking demand at any one time will be adequately served by
the total number of parking spaces available. We have the hours of operation for
the various uses within the school and the site is parked appropriately based on
what uses will be occurring throughout the day.
A minimum of 176 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,
5/23/2012 Page 9 of 58
concrete, or porous paving, to current standards as approved by the Department
of Building and Safety.
16. ADA Parking Spaces:
A minimum of twelve (12) 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 _."
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.
17. Bicycle Racks:
Bicycle racks with a minimum of 4 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.
18. Charging Space:
Phase II shall include the construction of a charging station for an alternative
vehicle.
19.Modification from Parking Lot Layout Standard:
Ordinance No. 348, Section 18.12 requires that the end stalls, parking spaces
adjacent to planters, be 11 feet wide when the angle of the parking space is 90
degrees; however, the end spaces proposed will only be 9 feet and therefore do
not meet the parking lot layout standard. The Code contains a provision to allow
modifications to the layout requirements: Ordinance No. 348, Section 18.12 d.
REQUESTS FOR MODIFICATIONS FROM PARKING STANDARDS. The
Planning Director may, without notice or hearing, permit modifications to the
circulation and parking layout requirements where topographic or other physical
conditions make it impractical to require strict compliance with these
requirements. The permitee has requested the modification to the parking layout
standards pursuant to the section noted above. The modification request has
been approved by the Planning Commission.
5/23/2012 Page 10 of 58
20. Signage. No signage 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 permitee shall submit a plot plan application for signage,
including applicable deposit based fees, to the City of Menifee Planning
Department for review and approval.
21. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not
including on -site advertising or directional signs) shall be constructed or
maintained within the property subject to this approval.
22. Reclaimed Water. The permitee shall connect to a reclaimed water supply for
landscape watering purposes when secondary or reclaimed water is made
available to the site as required by Eastern Municipal Water District.
23. 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.
24. Land Division Required. Prior to the sale of any individual structure as shown
on APPROVED EXHIBIT A, a land division shall be recorded in accordance with
Riverside County Ordinance No. 460 (hereinafter Ordinance No. 460), and any
other pertinent ordinance.
25. 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 permitee or the
permitee's successor -in -interest shall take the necessary steps to remedy the
situation, which may include discontinued operation of the facilities.
26. Noise Monitoring Reports. The permitee may be required to submit periodic
noise monitoring reports as determined by the Department of Building and Safety
as part of a code enforcement action. Upon written notice from the Department of
Building and Safety requiring such a report, the permitee or the permitee's
successor -in -interest shall prepare and submit an approved report within thirty
(30) calendar days to the Department of Building and Safety, unless more time is
allowed through written agreement by the Department of Building and Safety.
The noise monitoring report shall be approved by the Office of Industrial Hygiene
of the Health Service Agency (the permitee or the permitee's successor -in -
interest shall be required to place on deposit sufficient funds to cover the costs of
this approval prior to commencing the required report).
5/23/2012 Page 11 of 58
27. Greenhouse Gases.
a. The proposed project shall be constructed to exceed "the 2008 Title
24 energy efficiency requirements that would result in a reduction of
electricity and natural gas use by at least 15 percent. Potential energy
reduction measures may include the use of efficient lighting, in
habitable buildings, installation of energy efficient heating and cooling
systems, and the installation of solar voltaic panels."
b. Low or Non-VOC Paints. Only low- and non-VOC containing paints,
sealants, adhesives and solvents shall be utilized in the construction
of this project.
28. No Outdoor Storage. No outdoor storage is allowed within the site. No storage
lockers, sheds, metal container bins or metal shipping containers, other than
those shown on APPROVED EXHIBIT A, will be allowed to be kept onsite unless
reviewed and approved by the Planning Department.
29. Hours of Operation. The school shall comply with the following hours of
operations and activities. A deviation from the hours of operation and activities
will require review and approval by the Community Development Director as a
Substantial Conformance process under the Specific Plan.
Office and Library Hours: 7:00 am to 3:30 pm.
School Start times and End times:
School
Start Time Drop Off
End Time
Pick Up
High School
7:30 am 7:10-7:30 am
2.50 pm'
2:50-3:10 pm
Middle
7:50 am 7:30 — 7:50 am
2:30 pm
2:30-2:50 pm
Elementary
8:10 am 7:50-8:10 am
2:50 pm
2:10-2:30 pm
*Approximately 25% of the high school students are normally done with classes around
noon (12:00 pm)
Hours for Special Events:
The theater and gymnasium may be used for special events Monday through
Thursday 3:00 pm to 10:00 pm, Friday 3:00 pm to 12:00 am, Saturday 7:00 am to
12:00 am, and Sunday 7:00 am to 10:00 pm_ Events to occur would be those
typically found on any school campus, including but not limited to proms, plays,
lectures, presentations, etc. Pursuant to Ordinance No. 2009-022, a temporary
use permit will not be required unless attendance for such event would exceed
the capacity of on -site parking (generally an event with more than 500 people),
require public road closures or significantly impact traffic on adjacent public
roads.
5/23/2012 Page 12 of 58
Hours for Use of Sports Fields:
The sports fields will be used between the hours of 7:00 am and 8:00 pm, seven
days a week. Activities will include typical after -school activities such as football
games, baseball, basketball, soccer, cheerlead and band practice. There will be
no lighting for the sports fields.
Rental or use of facilities for uses not listed above may require additional
Planning review.
30. A restroom facility shall be included in the snack kiosk in Phase II and shall be
open at all times the school is in session or the site is utilized as agreed upon by
the joint use agreement.
31. Connection to Paloma Wash Trail. A gated pedestrian connection to the
Paloma Wash Trail shall be provided from the project site as shown on
APPROVED EXHIBIT A throughout the life of the permit. A gate shall be
provided, but the permitee shall be permitted to lock the gate while school is in
session to ensure the safety of the school's students, employees or visitors, and
at other times as agreed upon in the joint use agreement.
Prior to final occupancy permit, the permitee shall provide an access easement
and enter into a joint use agreement in a form acceptable to the City Attorney
and City Manager.
32. Hours of Construction. Construction activities shall not occur between the
hours of 6:00 pm and 6:30am (June through September) and 6:00 pm and
7:00am (October through May) consistent with Riverside County Ordinance No.
847 as adopted by the City of Menifee or subsequent City Ordinance.
33. Rules for Construction Activities. The permitee shall comply with all
SCAQMD established minimum requirements for construction activities to reduce
fugitive dust and PM10 emissions.
Any construction equipment using direct internal combustion engines shall use
diesel fuel with a maximum of 0.05 percent sulfur and a four -degree retard.
Construction operations affecting off -site roadways shall be scheduled by
implementing traffic hours and shall minimize obstruction of through traffic lanes.
On -site heavy equipment used during construction shall be equipped with diesel
particulate filters unless it is demonstrated that such equipment is not available or
its use is not cost -competitive.
34. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402
which prohibits a person from discharging any source quantities of air
contaminants or other material which cause injury, nuisance, or annoyance to
any considerable number of persons or to the public.
GEOLOGY
5/23/2012 Page 13 of 58
35. The permitee shall comply with the findings of the Geology Report. County
Geologic Report (GEO) No. 2285, submitted for this project was prepared by SC
Soils and is entitled: "Preliminary Geotechnical Interpretive Report, Proposed
Santa Rosa Academy, Southeast Corner of Sherman Road and La Piedra Road,
City of Menifee, Riverside County, California", dated November 18, 2011. In
addition CW Soils prepared the following:
"City Response Letter, Proposed Santa Rosa Academy, Located on the
Southeast Corner of Sherman Road and La Piedra Road, City of Menifee,
Riverside County, California", dated January 9, 2012.
"Change in Consultant of Record, Proposed Santa Rosa Academy, Located on
the Southeast Corner of Sherman Road and La Piedra Road, City of Menifee,
Riverside County, California", dated January 9, 2012.
These documents are herein incorporated as part of GE002285.
GE002285 concluded:
a. Significant ground shaking will likely impact the site within the design life of
the proposed project.
b. No active faults are known to project through the proposed project.
c. The potential for surface rupture to adversely impact the safety of the
proposed structures inhabitants is very low to remote.
d. The potential for subsidence is considered low to remote.
e. Consolidation from fluid withdrawal is considered to be remote to nil.
f. No slopes of any significant heights with regard to instability or debris flow
are anticipated at the subject property.
GE002285 recommended:
a. In areas to receive compacted fill, the removal of low density, compressible
soils, such as topsoil, upper alluvial materials and the entire undocumented
artificial fill (stockpiles), should continue until firm competent alluvium is
encountered.
b. Removal excavations should be verified by the project engineer, geologist
or their representative.
ARCHEOLOGY
36. Human Remains. Mitigation Measure CULT-8 states:
"If human remains are encountered, the County Coroner shall be notified of
the find immediately. State Health and Safety Code section 7050.5 states
that no further disturbance shall occur until the County Coroner has made a
determination of origin and disposition pursuant to Public Resource Code
section 5097.98. If the remains are determined to be Native American, the
coroner shall notify the Native American Heritage Commission within 24
hours, which shall determine and notify the appropriate most likely
descendent(s) (MLD) within 48 hours of receiving notification of the
discovery. The descendent(s) shall inspect the site of the discovery and
5/23/2012 Page 14 of 58
make a recommendation as to the appropriate mitigation. After the
recommendations have been made, the land divider, the MLD and a City
representative shall meet to determine the appropriate mitigation measures
and corrective actions to be implemented as provided in Public Resources
Code 5091.98 and the Treatment Agreement."
Therefore, if human remains are encountered, State Health and Safety Code
Section 7050.5 states that no further disturbance shall occur until the Riverside
County Coroner has made the necessary findings as to origin. Further, pursuant
to Public Resource Code Section 5097.98(b) remains shall be left in place and
free from disturbance until a final decision as to the treatment and disposition has
been made. If the Riverside County Coroner determines the remains to be Native
American, the Native American Heritage Commission shall be contacted within a
reasonable timeframe. Subsequently, the Native American Heritage Commission
shall identify the "most likely descendant." The most likely descendant shall then
make recommendations and engage in consultation concerning the treatment of
the remains as provided in Public Resources Code Section 5097.98.
37. Inadvertent Archeological Find. Mitigation Measure CULT-8 States:
"If inadvertent discoveries of subsurface archaeological resources are
discovered during grading, the Project Permitee(s), the project
archaeologist, and the Pechanga Tribe or the Soboba Band of Luiseno
Indians shall assess the significance of such resources and shall meet and
confer regarding the mitigation for such resources. If the Project
Permitee(s) and the Tribe or Band cannot agree on the significance or the
mitigation for such resources, these issues shall be presented to the City's
Planning Director for decision. The City shall make the determination based
on the provisions of CEQA with respect to archaeological resources and
shall take into account the religious beliefs, customs, and practices of the
Pechanga Tribe or the Soboba Band of Luiseno Indians."
Therefore, 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.
38. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the permitee, the
archaeologist, the Native American tribal representative and the Planning
Director to discuss the significance of the find.
39. 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.
5/23/2012 Page 15 of 58
40. Mitigation Measure CULT-5 states:
"All sacred sites, should they be encountered within the project area, shall be
avoided and preserved as the preferred mitigation, if feasible.
Mitigation Measure CULT-4 states:
"The landowner(s) shall relinquish ownership of all cultural resources,
including sacred items, burial goods, and all archaeological artifacts that are
found on the project area to the Pechanga Tribe or the Soboba Band of
Luiseno Indians for proper treatment and disposition."
Therefore, 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
41. 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).
42. Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition throughout the life of this permit. To
ensure that this occurs, the Planning Department shall require inspections in
accordance with the prior to building permit issuance landscaping install and
inspected condition.
43. Landscape Plans. All landscaping plans shall be prepared in accordance with
the City's Water Efficient Landscape Ordinance. Such plans shall be reviewed
and approved by the Planning Department, and the appropriate maintenance
authority.
44. Maintenance of Landscaping. All private landscaping shall be maintained by a
property owners association or individual property owner. All 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
45. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research fee),
or other such review fee as may be in effect at the time of submittal, as required
by Ordinance No. 671, or any successor thereto. Each submittal shall be
accompanied with a letter clearly indicating which condition or conditions the
submittal is intended to comply with.
5/23/2012 Page 16 of 58
Prior to issuance of aradina permit
46. Wall Along Southern Property Line. Prior of issuance of a grading permit for
Phase II or prior to the establishment of a residential use on the parcels to the
south of the site, whichever occurs first, the permitee shall construct a six foot
high solid block wall per the recommendations of the Noise Study entitled, "Santa
Rosa Academy Noise Impact Analysis City of Menifee, California."
47. Mitigation Monitoring. The permitee shall prepare and submit a written report to
the Planning Director demonstrating compliance with those conditions of
approval and mitigation measures of this project and the Environmental Impact
Report which must be satisfied prior to the issuance of a grading permit. The
Community Development Director may require inspection or other monitoring to
ensure such compliance
48. Fugitive Dust Control. The permitee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management
District (SCAQMD) Rule 403. The permitee 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;
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;
5/23/2012 Page 17 of 58
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.
ARCHEOLOGY
49. Archeological Monitoring. The potential exists for subsurface cultural
resources and deposits within the project boundaries. Therefore, archaeological
monitoring shall be required.
Mitigation measure CULT-1 states:
"Prior to beginning project construction, the Project Developer(s) shall
retain an archaeological monitor to monitor all ground -disturbing activities,
including off -site grading, in an effort to identify any unknown
archaeological resources. Any newly discovered cultural resource deposits
5/23/2012 Page 18 of 58
shall be subject to a cultural resources evaluation in consultation with the
Pechanga Tribe or the Soboba Band of Luiseno Indians."
Therefore, prior to the issuance of grading permits, the permitee shall retain and
enter into a monitoring and mitigation service contract with a qualified County -
certified archaeologist, on the County's current list of Cultural Resources
Consultants, for services. This professional shall be known as the "Project
Archaeologist." The Project Archaeologist shall be included in the pre -grade
meetings to provide cultural/historical sensitivity training including the
establishment of set guidelines for ground disturbance in sensitive areas with the
grading contractors and any required special interest or tribal monitors.
Mitigation Measure CULT-3 states:
"Prior to beginning project construction, the project archaeologist shall file a
pre -grading report with the City to document the proposed methodology for
grading activity observation. Said methodology shall include the
requirement for a qualified archaeological monitor to be present and to
have the authority to stop and redirect grading activities. In accordance with
the agreement required in Condition 41 below, the archaeological monitor's
authority to stop and redirect grading shall be exercised in consultation with
the Pechanga Tribe or the Soboba Band of Luiseno Indians in order to
evaluate the significance of any archaeological resources discovered on the
property. Tribal or Band monitors shall be allowed to monitor all on -site and
off -site grading, excavation, and groundbreaking activities, and shall also
have the authority to stop and redirect grading activities in consultation with
the project archaeologist. The archaeologist shall also be responsible for a
post -grading monitoring report to be submitted to the City, the Project
Developer(s), the Eastern Information Center, and the Pechanga Tribe or
the Soboba Band of Luiseno Indians no later than 45 days after completion
of all monitoring activities."
Therefore, the Project Archaeologist shall manage and oversee monitoring for all
initial ground disturbing activities and excavation of each portion of the project
site including clearing, grubbing, tree removals, mass or rough grading,
trenching, stockpiling of materials, rock crushing, structure demolition and etc.
The Project Archaeologist shall have the authority to temporarily divert, redirect
or halt the ground disturbance activities to allow identification, evaluation, and
potential recovery of cultural resources in coordination with any required special
interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract to
the Planning Department to ensure compliance with this condition of approval.
Upon verification, the Planning Department shall clear this condition.
NOTE:
1) The Project Archaeologist is responsible for implementing mitigation
using standard professional practices for cultural resources. The
Professional shall consult with the City, developer/permit holder and any
required tribal or special interest group monitor throughout the process.
5/23/2012 Page 19 of 58
2) This agreement shall not modify any approved condition of approval or
mitigation measure.
50. Tribal Monitoring. Mitigation Measure CULT-2 states:
"At least 30 days prior to beginning project construction, the Project
Developer(s) shall contact the Pechanga Tribe or the Soboba Band of
Luiseno Indians to notify the Tribe or Band of grading, excavation, and
the monitoring program, and to coordinate with the City and the Tribe or
Band to develop a Cultural Resources Treatment and Monitoring
Agreement. The Agreement shall address the treatment of known cultural
resources, the designation, responsibilities, and participation of Native
American Tribal or Band monitors during on -site and off -site grading,
excavation, and ground disturbing activities; project grading and
development scheduling; terms of compensation; and treatment and final
disposition of any cultural resources, sacred sites, and human remains
discovered on the site."
Therefore, prior to the issuance of grading permits, the permitee shall enter into
an agreement with and retain a monitor(s) designated by the Pechanga Band of
Luiseno Indians or the Soboba Band of Luiseno Indians. These tribal groups
shall be known as the Tribal Monitor(s) for this project. The agreement shall
address tribal consultation protocols, the treatment and ultimate disposition of
cultural resources which may include repatriation and/or curation in a Riverside
County approved curation facility.
The Tribal Monitor(s) shall be allowed on -site during all initial ground disturbing
activities and excavation of each portion of the project site including clearing,
grubbing, tree removals, mass or rough grading, trenching, stockpiling of
materials, rock crushing, structure demolition, etc., where archaeological
monitoring is required. The Tribal Monitor(s) shall have the limited authority to
facilitate tribal consultation when Native American cultural deposits are
uncovered during grading activities, in coordination with the Project
Archaeologist.
The permitee shall submit a fully executed copy of the agreement to the Planning
Department to ensure compliance with this condition of approval. Upon
verification, the Planning Department shall clear this condition.
NOTE:
The Project Archaeologist is responsible for implementing CEQA-required
mitigation using standard current professional practices for archaeological
cultural resources, and shall consult with the County, tribal monitor, and
developer/permit holder throughout the process.
Tribal monitoring does not replace any required archaeological Cultural
Resources monitoring, but rather serves as a supplement for consultation and
advisory purposes for the Tribes interests only.
This agreement shall not modify any approved condition of approval or mitigation
measure.
5/23/2012 Page 20 of 58
The permitee shall contact the Planning Director for consideration of this
condition after forty-five (45) days, if an agreement with the tribe has not been
met. The developer / permit holder shall demonstrate a reasonable good -faith
effort to secure the tribal agreement.
Should repatriation be preferred, it shall not occur until after the Phase IV
monitoring report has been submitted to the Planning Department. Should
curation be preferred or required, the developer/permit holder is responsible for
all costs. Curation shall be within an acceptable facility within the County of
Riverside.
PALEONTOLOGY
51. 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.
Mitigation Measure CULT-7 states:
"Prior to issuance of grading permits, the developer shall retain a qualified
Paleontologist to develop a Paleontologic Resource Impact Mitigation
Program (PRIMP) for the excavation phase of the proposed project. The
PRIMP shall conform to the guidelines of the County of Riverside and the
Society of Vertebrate Paleontology. It shall include the following steps:
• A trained paleontological monitor shall be present during ground -disturbing
activities within the project area in sediments determined likely to contain
paleontological resources. The monitor shall be empowered to temporarily
halt or redirect construction activities to ensure avoidance of adverse
impacts to paleontological resources. The monitor shall be equipped to
rapidly remove any large fossil specimens encountered during excavation.
During monitoring, samples shall be collected and processed to recover
microvertebrate fossils. Processing shall include wet screen washing and
microscopic examination of the residual materials to identify small
vertebrate remains.
• Upon encountering a large deposit of bone, salvage of all bone in the area
shall be conducted with additional field staff and in accordance with modern
paleontological techniques.
• All fossils collected during the proposed project shall be prepared to a
reasonable point of identification. Excess sediment or matrix shall be
removed from the specimens to reduce the bulk and cost of storage,
Itemized catalogs of all material collected and identified shall be provided to
the museum repository along with the specimens.
• A report documenting the results of the monitoring and salvage activities
and the significance of the fossils shall be prepared.
• All fossils collected during this work, along with the itemized inventory of
these specimens, shall be deposited in a museum repository for permanent
curation and storage."
Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS:
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The permitee shall retain a qualified paleontologist approved by the City of Menifee
to create and implement a project -specific plan for monitoring site
grading/earthmoving activities (project paleontologist).
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 Planning
Department 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
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.
E. If fossil remains are encountered, 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
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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 City of Menifee 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 Planning Department
for review and approval prior to building final inspection as described elsewhere
in these conditions.
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 Planning Department along with a
copy of this condition and the grading plan for appropriate case processing and
tracking.
FEES
52. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the
permitee shall comply with the provisions of Ordinance No. 663, which generally
requires the payment of the appropriate fee set forth in that ordinance. The
amount of the fee required to be paid may vary depending upon a variety of
factors, including the type of development application submitted and the
applicability of any fee reduction or exemption provisions contained in Ordinance
No. 663. Said fee shall be calculated on the approved development project which
is anticipated to be .62 acres (gross) in accordance with APPROVED EXHIBIT
NO. A. If the development is subsequently revised, this acreage amount may be
modified in order to reflect the revised development project acreage amount. In
the event Ordinance No. 663 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 663 be rescinded and superseded by
a subsequent mitigation fee ordinance, payment of the appropriate fee set forth
in that ordinance shall be required.
53. Fees. Prior to the issuance of grading permits for 2011-165 PUP, the Planning
Department shall determine the status of the deposit based fees. If the fees are
in a negative status, the permit holder shall pay the outstanding balance.
Prior to Issuance of Building Permit
54. Submit Building Plans. Prior to the issuance of a building permit, the permitee
shall submit building plans with the City of Menifee Building and Safety
Department for building permits. The building plans shall be in substantial
conformance with Exhibit B.
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Building and Safety will require the following items:
1. This project will be required to be designed under the applicable
provisions of the 2010 edition of the California Building Codes as well as
the Green Building Code or the most recently adopted edition of the
California Codes as published by the California Building Standards
Commission.
2. Submit four (4) sets of plans, two sets of Structural and Energy
Calculations.
3. Submit two (2) copies of precise grading plan.
4. Separate plan submittal will be required to Riverside County Fire along
with a formal transmittal issued by Building and Safety.
55. 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.
56. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
57. Lighting. The building plans shall show the location and types of light fixtures
that will be within the project site. Per the Town Center Specific Plan, lighting
fixtures shall be compatible with the architecture. Lighting shall be designed to
define the vehicular and pedestrian circulation patterns, distinguish community
entries and activity areas, and ensure safe pedestrian movement. The types of
lighting fixtures used shall be subject to Planning Department approval. The
location of exterior lighting shall be consistent with the Photometric Study
submitted for the project and the Dark Sky Ordinance.
58. Roof Mounted Equipment Plans. 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.
59. Wall and Fencing Plan. A wall and 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.
This plan shall require anti -graffiti coatings on fences and walls, where
applicable.
60. Dark Sky Ordinance. All parking lot lights and other outdoor lighting shall be
shown on electrical plans submitted to the Department of Building and Safety for
plan check approval and shall comply with the requirements of the City of
Menifee Ordinance No. 2009-024 and the General Plan.
61. Waste Management Clearance. A clearance letter from Riverside County
Waste Management District shall be provided to the Planning Department
verifying compliance with the conditions contained in their letter dated September
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19, 2007, which requires submittal of a Waste Recycling Plan (WRP) to the
Waste Management Department for approval.
62. Mitigation Monitoring. The permitee shall prepare and submit a written report to
the Planning Director demonstrating compliance with those conditions of
approval and mitigation measures of this permit and Environmental Impact
Report 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.
63. Tracking File. Prior to building permit issuance, the permitee shall submit a
tracking file for the review, approval and use by the Planning Department. The
tracking file will be used to track implementation of the Specific Plan as it relates
to the proposed projects and/or Planning Areas.
64. Communities Amenities Plan. Section 3.3 Community Amenities and Identity
and Figure 18 "Entries, Parks, and Trails" of the Town Center Specific Plan shall
be updated to reflect the removal of the neighborhood park due to the
development of the proposed school. An updated document shall be submitted
to the Planning Department for review and approval. Upon approval, two hard
copies and an electronic version of the updated Specific Plan shall be provided to
the Planning Department by the permitee.
65. Entry Features. The Town Center Specific Plan requires a primary entry at the
corner of Sherman and La Piedra Road and a secondary entry on La Piedra
Road. The design and treatment and design of these entry points were meant to
establish the design theme for the Town Center and form the foundation of a
community identity. Per the Specific Plan high quality, themed monument
signage should be placed at the comer(s) alongside or integrated into a
substantial collection of vegetation, sculptural elements, or other distinct design
features. The permitee of the Santa Rosa Academy is responsible for the
installation of the secondary entry monument on La Piedra Road. Although the
permitee of the Santa Rosa Academy is not responsible for the installation of the
primary entry feature, the permitee of the Santa Rosa Academy shall cooperate
with the Master Developer on the placement and installation of the primary entry
feature on the corner of Sherman Road and La Piedra within the project site.
The permitee of the Santa Rosa Academy shall file four (4) sets of an Entry
Monument plot plan to the Planning Department for review and approval of the
secondary entry feature. 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 the
Specific Plan.
The plot plan shall contain the following elements:
1. A color photo simulation of a frontal view of all/the entry monument(s)
and gate(s) with landscaping.
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2. A plot plan of the entry monuments with landscaping drawn to an
engineer's scale. If lighting is planned, the location of lights, their intended
direction, and proposed power shall be indicated.
3. An irrigation plan for the entry monument(s) and/or gate(s).
4. The entry monument shall be in substantial conformance to the design
guidelines of the SPECIFIC PLAN, as shown in section IV.
NOTE: The requirements of this plot plan may be incorporated with any minor
plot plan required by the conditions of approval for this subdivision. However, this
ENTRY MONUMENT and GATES PLAN condition of approval shall be cleared
individually.
66. Parcel Merger Required. Lot Consolidation/Parcel Merger. A lot
consolidation/Parcel Merger is required to merge Assessor's Parcel Numbers
360-110-010 and 360-110-011.
67. Charging Space — Phase II. The building plans for Phase II shall show a
charging station for an alternative vehicle on the site plan and/or precise grading
plan.
68. Bleachers — Phase II. The building plans for Phase II shall include detailed
elevations and dimensions for the bleachers to be constructed within Phase II of
the project.
PALEONTOLOGICAL
69. Paleontological Monitoring Report. Prior to building permit issuance and/or
final on grading, the permitee 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. A deposit for the review of the report will be required.
LANDSCAPING
70. Performance Securities. Performance securities, in amounts to be determined
by the Director of Community Development to guarantee the installation of
plantings, irrigation system, walls and/or fences, in accordance with the approved
plan, shall be filed with the Department of Community Development. Securities
may require review by City Attorney and other staff. Permit holder is encouraged
to allow adequate time to ensure that securities are in place. The performance
security may be released one year after structural final, inspection report, and the
One -Year Post Establishment report confirms that the planting and irrigation
components have been adequately installed and maintained. A cash security
shall be required when the estimated cost is $2,500.00 or less.
71. Landscape and Irrigation Plans. The permitee 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
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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, 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.
Note on Conceptual Plans
The conceptual landscaping plans show general locations for shrubs,
groundcover and trees, but does not specify the size and each specific type of
plant for all locations. Therefore, the Planning Department may require the
addition of plants, change the space of plants, change the type of plants, or
change the size of plants on the working drawing.
Vines. The color renderings/elevations for the project show vines growing on
trellis features on the buildings within the site. The landscaping plan shall include
the location of vine planting to be consistent with the color renderings/elevations.
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Curb and Walkway on End Stall Planters. 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.
Interim Landscaping. The landscaping plans shall show interim landscaping for
the area identified as Phase II on APPROVED EXHIBIT A. 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, Building and Safety Department and the State air
quality management authorities.
Enhanced Paving. The landscaping and irrigation plans shall show the location
and types of hardscape, including enhanced paving, throughout the site
consistent with APPROVED EXHIBIT A and EXHIBIT L.
72. Crime Prevention through Environmental Design Guidelines. Pursuant to
correspondence dated April 3, 2012 from the Riverside County Sherriff s
Department, all plants, landscaping and foliage shall fall within current CPTED
(Crime Prevention through Environmental Design) guidelines.
73. 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.
FEES
74. 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 permitee.
75. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
76. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
Prior to Final Inspection
77. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on APPROVED EXHIBIT B.
78. 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.
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79. Waste Management Clearance. Prior to issuance of an occupancy permit, the
permitee shall provide a clearance letter from Riverside County Waste
Management verifying compliance with the approved WRP.
80. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater,
shall be installed underground. If the permitee provides to the Department of
Building and Safety and the Planning Department a definitive statement from the
utility provider refusing to allow underground installation of the utilities they
provide, this condition shall be null and void with respect to that utility.
81. Trash Enclosures. Two (2) trash enclosures which are adequate to enclose a
minimum of four (4) bins shall be located as shown on the APPROVED EXHIBIT
A, and shall be constructed prior to the issuance of occupancy permits. The
enclosure(s) shall be a minimum of six (6) feet in height and shall be
architecturally enhanced and made with masonry block with landscaping
screening, roof covering and a solid gate which screens the bins from external
view. Additional enclosed area for collection of recyclable materials shall be
located within, near or adjacent to each trash and rubbish disposal area. The
recycling collection area shall be a minimum of fifty percent (50%) of the area
provided for the trash/rubbish enclosure(s) or as approved by the Riverside
County Waste Management Department. All recycling bins shall be labeled with
the universal recycling symbol and with signage indicating to the users the type
of material to be deposited in each bin.
82. Wall Locations. Wall and/or fence locations shall be in conformance with the
approved wall and fence plan.
83. Lighting. Exterior lighting shall be consistent with the approved building plans.
84. Condition Compliance. The Planning Department shall verify that the
Development Standards and all other preceding conditions have been complied
with prior to any use allowed by this permit.
85. Mitigation Monitoring. The permit holder shall prepare and submit a written
report to the City of Menifee Planning Department demonstrating compliance
with all remaining conditions of approval and mitigation measures of this permit
and the Environmental Assessment. The Community Development Director may
require inspection or other monitoring to ensure such compliance.
86. Shared Use Agreement. The permitee shall enter into a shared use agreement
with the City of Menifee for uses of the sports fields by the public during non -
school hours.
87. Security Systems. Pursuant to correspondence dated April 3, 2012 from the
Riverside County Sherriffs Department, in addition to the common
burglary/security alarm system that will invariably be installed in this school, a
monitored security system shall be installed that includes enough cameras to
monitor a 30 degree view of the exterior of the school. It shall include active
motion sensor cameras that when activated, a security professional can then
follow the person via the camera from their remote location, and notify law
enforcement to begin their response to the intrusion on the school property. The
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Sherriffs Department and/or Planning Department shall verify that the security
system has been installed prior to final occupancy.
88. Charging Station — Phase H. Prior to final occupancy for any building within
Phase II, a charging station for an alternative vehicle as shown on the building
plans (site plan or precise grading plan) shall be constructed and operable.
89. Final Planning Inspection. The permitee shall obtain final occupancy sign -off
from the Planning Division for each building permit issued by scheduling a final
Planning inspection prior to the final sign -off from the Building Department.
Planning staff shall verify that all pertinent conditions of approval have been met,
including compliance with the approved elevations, site plan, parking lot layout,
etc. The permitee shall have all required paving, parking, walls, site lighting,
landscaping and automatic irrigation installed and in good condition.
ARCHEOLGOY
90. Phase IV. Mitigation Measure CULT-3 states:
"The archaeologist shall also be responsible for a post -grading monitoring
report to be submitted to the City, the Project Developer(s), the Eastern
Information Center, and the Pechanga Tribe or the Soboba Band of
Luiseno Indians no later than 45 days after completion of all monitoring
activities."
Therefore, prior to final inspection of the first building permit associated with each
phase of grading, the permitee holder shall prompt the Cultural Resources
Professional to submit two (2) copies of the Phase III Data Recovery report and
the Phase IV Cultural Resources Monitoring Report that complies with the
Planning Department's requirements for such reports. The Phase IV report shall
include evidence of the required cultural/historical sensitivity training for the
construction staff held during the pre -grade meeting. The Planning Department
shall review the reports to determine adequate mitigation compliance. Provided
the reports are adequate, the Planning Department shall clear this condition. A
deposit will be required for the review of the report.
LANDSCAPING
91. Soil Management Plan
The permitee shall submit a Soil Management Plan (Report) to the Planning
Department before the Landscape Installation Inspection. The report can be sent
in electronically. Information on the contents of the report can be found in the
County of Riverside Guide to California Friendly Landscaping page 16, #7, "What
is required in a Soil Management Plan?"
92. Landscape/Irrigation Install Inspection
The permitee landscape architect responsible for preparing the Landscaping and
Irrigation Plans shall arrange for a Pre -Landscape installation inspection and a
Landscape Completion Installation Inspection with the Planning Department.
The pre -landscape inspection shall be arranged at least fifteen (15) working days
prior to installation of landscaping. The landscape completion inspection shall be
5/23/20 ] 2 Page 30 of 58
arranged at least fifteen (15) working days prior to final inspection of the structure
or issuance of occupancy permit, whichever occurs first. A One Year Post -
Establishment Inspection will also be required. The Planning Department will
require a deposit in order to conduct the landscape inspections.
93. 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.
94. Hardscaping. All hardscaping, including enhanced paving, shall have been
installed in accordance with the approved landscaping, irrigation and shading
plans.
95. Final Landscape Approval
The final landscape approval following installation shall be subject to the review
and approval of the City's Landscape Architectural Consultant and the
Community Development Director. The Community Development Director may
require additional trees, shrubs and/or groundcover as necessary, if site
inspections reveal landscape deficiencies that were not apparent during the plan
review process.
FEES
96.Ordinance No. 659 Fee. Prior to the issuance of either a certificate of
occupancy or prior to building permit final inspection, the permitee 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.
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.
97. 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 permitee 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.
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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.
98. 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 permitee.
99. Stephen's Kangaroo Rat Fee. Prior to the issuance of a certificate of
occupancy, or upon building permit final inspection, whichever comes first, the
permitee shall submit verification that the Stephen's Kangaroo Rat fees have
been paid for the project.
5/23/2012 Page 32 of 58
Section III:
40
,{ . tmpPURIM Mal me
5/23/2012 Page 33 of 58
III.A GENERAL ENGINEERING CONDITIONS:
III.A.1 Circulation And Dedications
100. 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.
101. Off -Site Parking - This project shall not have off -site parking on the street with
the exception of special events with prior approval from the City.
102. 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.
103. Traffic Signal Mitigation Program — The applicant shall participate in
the Traffic Signal Mitigation Program as approved by the City Council.
104. Plan Submittals — Street Improvement plans shall conform to ordinance
461 and improvement plan check policies and guidelines. 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.
Also, it should be noted that if regulatory certifications are required such as
401 certification, 404 certification, 1602 certification, etc., the Water Quality
Control Board may require additional water quality measures.
105. Sight Distance Analysis — A sight distance analysis per Standard No.
821 and the Manual of Uniform Traffic Control Devices — CA (CAMUTCD) current
edition shall be performed at each intersection. The City Engineer shall
determine the appropriate speed for each intersection. All necessary measures
shall be made to meet the sight distance requirements during construction and
for ultimate improvements.
106. 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
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accordance with Ordinances 460/461 and Eastern Municipal Water District
standards.
107. 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.
108. 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.
111.A.2 Grading And Drainage
109. 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. Temporary erosion control measures shall be implemented
immediately following rough grading to prevent deposition of debris onto
downstream properties or drainage facilities. Plans showing these measures
shall be submitted to the City for review. 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.
110. 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.
ill. Street 100 Year Drainage Facilities - All street drainage facilities shall
be designed to accommodate the 10—year storm event or the 100- year storm
event flows in accordance with Riverside County Flood Control and Water
Conservation District criteria.
112. FEMA Criteria — All buildings pad elevations shall meet FEMA criteria.
113. 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. Direction of drainage patterns on
the site with direction arrows and respective percent gradient.
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114. Maximum and minimum grade Advice - Engineer of record is advised
to not base the design on minimum and maximum grades for ADA and project
grading design to allow for construction tolerances. Any improvement that is out
of the minimum and maximum values will not be accepted by the City Inspector.
It will need to be removed and replaced at owner's expense.
115. Drainage Facilities and Terracing - Provide drainage facilities and
terracing in conformance with Chapter 18 of the California Uniform Building
Code.
116. Slope Setbacks — Comply with slope setbacks per Section 1808, figure
1808.7.1 of the California Uniform Building Code.
117. 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.
118. Concrete Work — All concrete 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.
W.A. 3 NPDES and WQMP
119. Storm Water Quality — This project is part of TPM 36299. TPM 36299
addresses water quality for street improvements only. A preliminary WQMP for
street improvements has been submitted for review and approval. A SWPPP is
required to address water quality for the grading operations for the proposed
project. Construction Best Management Practices (BMPs) shall be detailed in the
SWPPP report to prevent the transport of sediment or other construction
pollutants.
120. Water Quality Management Plan (WQMP) - In compliance with Santa
Ana Regional Water Quality Control Board Order, projects submitted within the
western region of Riverside County for discretionary approval will be required to
comply with the Water Quality Management Plan for Urban Runoff. The Final
WQMP shall conform to the latest requirements set forth by the Santa Ana
Regional Water Quality Control Board, order R8-2010-0033 and subsequent
revision prior to construction water quality features on each parcel. The WQMP
addresses post -development water quality impacts from new development and
redevelopment projects. 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:
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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 City 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 City 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 may need significant
revisions to meet the requirements of a final project specific WQMP.
Infiltration methods must be utilized where feasible. An infiltration test shall
be included in the Final WQMP. If the infiltration test returns favorable
results, then the proposed filtration BMPs shall be converted to infiltration
BMPs. Easements shall be provided for all BMPs.
Individual WQMPs is required to address the future development of the
project parcels. The individual WQMPs shall incorporate and include the
water quality treatment of the streets in their individual WQMP Report. The
developer shall maintain the treatment control BMPs for the streets until
such time that each Parcel is improved.
III.B PRIOR TO GRADING PERMIT ISSUANCE:
III.B.1 Circulation And Dedications
121. Paving Inspections - The applicant/applicant shall be responsible for
obtaining the paving inspections required by Ordinance 457. All applicable
inspection deposits shall be placed with the City
122. On -site Pedestrian Crossings - Applicant shall submit track crossing
and traffic safety measures which may include but not be limited to signage,
textured pavement, and other techniques to enhance pedestrian safety and
circulation on the Final Grading Plan and be approved by the Planning
Department.
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123. Existing Stockpile — The existing stockpile on -site shall be removed
from the site prior to the grading process. Soil will be removed according to
applicable state and federal law.
Alternatively, unless documentation can be shown verifying the condition of the
soil, if the soil is to remain on the site, the applicant shall conduct a Phase I ESA
on the soil. The County of Riverside Department of Environmental Health may
determine that review of the Phase I Environmental Site Assessment is required
by the Department of Toxic Substances Control (DTSC). The permitee shall
provide a copy of the Phase I Environmental Site Assessment to the Department
of Toxic Substance Control.
If DTSC review of the Phase I Environmental Assessment determines that a
Phase II Environmental Site Assessment is required, the Phase II must also be
reviewed and approved by DTSC prior to grading permit issuance.
If the permitee and Riverside County Department of Environmental Health agree
that this review is not required, then the Department of Environmental Health will
direct the City and permitee to complete an alternate process.
Permitee shall provide electronic copies of all documents and correspondence
regarding the environmental review by DTSC to the Riverside County
Department of Environmental Health and the Planning Department.
124. Drainage Facilities — Onsite drainage facilities/water quality features
located outside of road right of way shall be contained within drainage
easements shown on the final map for Parcel Map 36299. A note shall be added
to the final map stating, "Drainage easements shall be kept free of buildings and
obstructions". If the construction of onsite drainage facilities per this public use
permit is ahead of the recordation of the Parcel map 36299, the drainage
easements shall be dedicated per separate instrument. Legal and plats shall be
submitted to the City for review and approval.
125. 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. 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 commencement of review of right of way dedications
documents and the street improvement plan check process.
126. Road Improvements - All roads shall be improved, per the
recommended General Plan designation, Town Center Specific Plan latest
amendment and traffic impact analysis as part of the final environmental impact
report and as noted below. All easements and right -of way for roadways shall be
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dedicated to the City of Menifee. The areas between the right-of-way and the
street curbs, not including the sidewalk/trail shall be landscaped, irrigated and
maintained by the L&LMD in accordance with those requirements.
The study indicates that the project's impacts shall be mitigated certain
intersections. As such, the proposed project is consistent with this General
Plan policy and the Final Environmental Impact Report, and Traffic Impact
Analysis mitigation measures.
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.
127. Sherman Road Right of Way
Southerly boundary to La Piedra Road
43' half width right-of-way shall be dedicated for the use of public streets
and utility purposes.
128. La Piedra Road Right of Way
Sherman Road to Westerly Driveway
112' right-of-way shall be dedicated for the use of public streets and utility
purposes.
Westerly Driveway to East boundary
104' right-of-way shall be dedicated for the use of public streets and utility
purposes.
129. Project Phasing — The site plan for this project consists of two (2)
phases. All road improvements shall be constructed with the first phase of the
project.
130. 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). 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.
131. 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 District, Infrastructure Financing District, Payment of Development
Impact Fees, private loans or grants or other public and/or private funding
mechanism(s). Evidence of financing the developer's share of the ultimate
improvements Newport Road, Haun Road, Holland Road, and La Piedra Road
shall be demonstrated to the satisfaction of the City Engineer.
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132. Landscape and Lighting Maintenance District (LLMD) The project
proponent shall complete annexation into 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) and right of way landscaping.
The applicant shall submit to the City or its designee, the Transportation
Department L&LMD Administrator the following:
a. Completed LLMD annexation application
b. (2)Sets of street lighting plans, landscape plans, and street plans
approved by Engineering Department.
c. Appropriate fees for annexation.
d. "Streetlight Authorization" form from SCE, IID or other electric
provider.
111.B.2 Grading And Drainage
133. General Grading Introduction - Improvements such as grading, filling,
over excavation, compaction, and base or paving which require a grading permit
are subject to the requirements of Ordinance 457.
134. 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.
135. Grading - 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.
136. Construction Traffic Control Plan - Prior to commencement of
construction of any kind, the applicant shall submit and obtain approval of 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. Trucks with a soil load shall be covered at all times during
transport within the City right-of-way. Street sweeping is required
biweekly during construction activity and daily during all grading
operations. A water truck is required on site during all grading
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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.
d. Traffic safety within the road right-of-way including temporary traffic
control measures and devices.
e. A dirt haul route plan shall be submitted for approval prior to any
import/export grading operation. The plan shall identify all origins and
destinations and a 9:OOam — 4:OOpm haul period. Haul routes are not
permitted on residential streets. The traffic control application,
location, and type of traffic control shall be shown on the plan. Daily
street sweeping is required during all hauling operations.
137. Flood Hazard Report — Site will include the necessary drainage
improvements to protect the site from flood hazard along with any features
necessary to mitigate the site's impact for both increased runoff and water
quality. Unless otherwise approved by the City, no grading or building permits
shall be issued prior to the approval of a site plan or any other land use case for
this site.
138. Site Drainage - Positive drainage of the site shall be provided, and water
shall not be allowed to pond behind or flow over 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.
139. Geotechnical and Soils Reports - 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.
140. Grading Bonds - Grading in excess of 199 cubic yards will require
performance security to be posted with the City Engineering Department.
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141. 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.
142. 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.
143. 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.
144. 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.
145. Final Water Quality Management Plan - 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.
146. Storm Water Pollution Prevention Plan (SWPPP) - This project will
disturb one (1) or more acres or is part of a larger project that will disturb one
(1) or more acres. Prior to issuance of any grading or construction permits -
whichever comes first, the applicant is required to comply with the State
Water Resources Control Board Order Number 2009-0009-DWQ (NPDES
No. CAS000002) for the National Pollutant Discharge Elimination System
Construction General. Clearance for grading shall not be given until the City
Engineering Department has determined that the project applicant has
complied with such Order. A Storm Water Pollution Prevention Plan
(SWPPP) shall be submitted to the City Engineering Department for review
prior to being certified by the legal responsible person in the SMARTS
system. It should include a copy of the WDID letter from the Board.
147. Water Quality Management Plan (WQMP) - Prior to grading permit
issuance a copy of the Final WQMP shall be submitted to the City for review and
approval for all ongoing drainage facilities and maintenance. The Final WQMP
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shall conform to the latest requirements set forth by the Regional Water Quality
Control Board. All BMP features shall be shown on the grading plans.
LOW IMPACT DEVELOPMENT - The project shall incorporate structural
LID practices for the site in consideration of the site's land use, hydrology,
soil type, climate and rainfall patterns. . Frequently used LID practices
include:
a. Bioretention cells, also known as rain gardens
b. Cisterns and rain barrels
c. Green roofs
d. Pervious concrete, also called "porous pavement", similar to
permeable paving
e. Grassed swales, also known as bioswales.
f. On -site infiltration
TRASH ENCLOSURES — Trash enclosures shall meet new storm water
quality standards. They shall be designed to have a solid impermeable
roof and concrete slab floor. The roof shall have a minimum clearance
height of at least 9 feet to allow the bin lid to completely open. The
concrete slab shall be graded to contain any spill within the enclosure.
The enclosure area shall be protected from receiving direct rainfall or
run-on from collateral surfaces. Rain water or wastewater runoff from
trash enclosure is prohibited. An alternate drain from the interior of the
enclosure that discharges to the sanitary sewer may be constructed if
approved by EMWD.
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 City will
require an acceptable financial mechanism be implemented to provide
for maintenance of treatment control BMPs in perpetuity. This may
consist of a mechanism to assess individual benefiting property owners,
or other means approved by the City. The site's treatment control BMPs
must be shown on the project's improvement plans - either the street
plans, grading plans, or landscaping plans. The type of improvement
plans that will show the BMPs will depend on the selected maintenance
entity.
BMP 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 City for review and approval.
148. Slope Erosion Control Plan - Erosion control - landscape plans,
required for manufactured slopes greater than 3 feet in vertical height, are to be
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signed by a registered landscape architect and bonded per the requirements of
Ordinance 457.
149. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum
steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved.
III.0 PRIOR TO BUILDING PERMIT ISSUANCE:
111.B.1 Circulation And Dedications
160. Traffic Signal Funding — A fair share cost estimate for each project
improvement based on the traffic impact analysis shall be prepared and
submitted to the City Engineer for approval.
I1LC.2 Gradinq And Drainage
151. No Grading or Building Permits — Unless otherwise approved by the
District, no grading or building permits shall be issued prior to District approval of
improvement plans for Parcel Map 36299 or any other land use case for this site.
IILD PRIOR TO CERTIFICATE OF OCCUPANCY
III.D.1 Circulation And Dedications
152. 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 any applicable Road and Bridge Benefit District (RBBD) Fee.
163. Sherman Road Street Improvements - Sherman Road shall be
constructed from La Piedra Road to Holland Road with 54' curb to curb of
improvements, 15' parkway and 6' offset sidewalk to the satisfaction of the City
Engineer. Sherman Road shall be signed "NO STOPPING ANY TIME" R26(S)
(CA) except along the frontage of the school site.
154. La Piedra Road Street Improvements — La Piedra Road shall be
constructed as Secondary Highway from Sherman Road to Haun Road in
accordance with Standard No. 94 (modified) per this condition. La Piedra Road
shall be signed "NO STOPPING ANY TIME" R26(S)(CA)
La Piedra Road shall be constructed with the following improvements:
Sherman Road to Westerly Driveway
76' curb to curb improvements, 4'-14' raised median, 18' parkway and
sidewalk to the satisfaction of the City Engineer.
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Westerly Driveway to Easterly Driveway
68' curb to curb improvements, 4'-14' raised median, 18' parkway and
sidewalk to the satisfaction of the City Engineer.
Easterly Driveway to Existinq Improvements west of Haun Road
18' Landscaped parkway and transition to 64' curb to curb improvements to
match existing improvements.
La Piedra Road shall have a 4' wide landscaped raised median constructed
by this project.
155. La Piedra Road Median Maintenance — La Piedra Road median
maintenance and watering will be provided by a Community Facility District
(CFD). Applicant is responsible for CFD implementation or annexation of the
median.
156. Driveways - The project proposes three driveways on La Piedra Road
(west, center, and east).
a. The westerly driveway is to be located a minimum of 300' from the
Sherman Road centerline and shall be a two lane, right in/left
in/entrance only.
b. The center driveway shall be a right in/right out only. No left turns
will be permitted. The driveway shall have restricted access during
normal school hours and opened exclusively for special events.
Removable bollards or gate shall be installed to restrict the
access.
c. The easterly driveway shall be a two lane right out/exit only
157. The 4'-14' raised median shall be have a left in only break at the westerly
driveway for the site ingress. The designated school left turn pocket shall be
approximately 500' in length with a School Lane legend.
158. Northerly loop access
d. Two through lanes entering from La Piedra Road
e. Traffic circle at center driveway
f. Two right turn lanes exiting onto La Piedra Road
159. Southerly and Easterly loop access
g. Two through lanes entering from Sherman Road around the rear
perimeter of the school during drop off and pick up times only.
One through lane will serve as a waiting/parking lane. One
through lane will serve as a bypass lane.
h. Two right turn lanes exiting onto La Piedra Road
160. Intersection of Sherman Road and La Piedra Road - The southeast
corner shall be constructed with a 45' radius curb return. All the other curb
returns shall have a radius of 35'.The intersection construction shall include all
underground work associated with the traffic signal. The intersection geometry
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shall conform to the Sherman road street section north of la Piedra Road. The
Intersection geometry shall conform to the La Piedra road street section west of
Sherman Road. The intersection shall be stop controlled until the traffic signal is
constructed.
161. Traffic Signal Interconnect - Traffic signal interconnect between those
signals installed or modified by the project and the existing and proposed traffic
signals per Tentative Parcel Map 36299 shall be installed as directed by the
Engineering Department and per City Standards and Specifications.
162. Traffic Signal Coordination - A traffic signal coordination program
employing Syncro Modeling software or other software acceptable to the City
Engineer shall be developed for the project traffic signals. The coordination
program shall be submitted to and approved by the City Engineer. The traffic
signal controller at the intersection of Haun Road and Newport Road is
designated as the system master.
163. Traffic Signal Vehicle Detection — Video and inductive loop detection
conforming to the requirements of the City Standards and Specifications shall be
used for all traffic signal construction.
164. Road Bridge Benefit District — This project is within the Menifee Valley
Zone C Road Bridge and Benefit District. The applicant shall pay the assessed
fees based on the designated land use and areas of development.
165. Right of Way Landscape — Right of way landscaping shall be installed
per an approved plan including best management practices identified in the water
quality management plan. The land owner may enter into a parkway landscape
maintenance agreement with the City as approved by the City Engineer.
166. Traffic Management Plan — The school shall prepare a plan for the
parent's use as described in the traffic study recommendations. Traffic
monitoring and management shall be implemented during school.
A Traffic Management Plan (TMP) shall be developed and prepared as
handout materials to be distributed to parents and students. The TMP
should provide detailed information on the following:
a. Identification of walking/bicycle routes and drop-off/pick-up
routes.
b. Drop-off and pick-up routes can be defined by the school
for different grades to encourage and even number of
vehicles entering from the east and west on La Piedra
Road at Driveway #2. This could prevent excessive
queuing in one direction of travel as compared to the
opposite direction of travel.
C. Safe Routes to School: Maps on safe walking/bicycle
routes that utilize school -zone crosswalks.
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d. Drop-off/pick-up instructions and procedures should be
clearly defined for parents and students to improve the
effectiveness and efficiency of the drop-off/pick-up area.
Install the necessary signage at all school crossings (crosswalks),
advanced school crossing warning signs, reduced "school zone" speed
limit signs, "end school speed limit" signs and "no stopping anytime" signs
per the 2012 CAMUTCD. All striping within lanes approaching the school
crossings shall also be consistent with the 2012 CAMUTCD.
The gate at Driveway #3 shall be closed and locked during the AM (drop -
oft) and school PM (pickup) peak hours. Specifically, this gate should be
closed and locked during the hours of 6:50 — 8:30 AM and 1:50 — 3:30
PM. This gate would only be open outside of these specified hours as
needed to improve access and circulation on -site to guest parking for the
administration building, the theater and gymnasium building. The gate
shall be installed to conform with California Code of Regulations (CCR)
(Volume 25) Title 19, Section 3.16, which requires the use of locking
mechanisms/devices which can ensure ready access to emergency
vehicles.
The presence of an adult crossing guard at the intersection of Sherman
Road at La Piedra Road and potentially at Haun Road at La Piedra Road
would further improve circulation for children walking/bicycling to and from
school. The crossing guards should be in place at each location during
the morning and afternoon drop-off and pick-up times (6:50 — 8:30 AM
and 1:50 — 3:30 PM).
Adult crossing guards shall meet the qualifications, wear the appropriate
attire and follow the procedures as required and outlined in the 2012
CAMUTCD. A crossing guard warrant analysis should be conducted to
determine if a crossing guard is indeed necessary at these near -by off -
site intersections.
Properly trained staff attendants wearing American National Standards
Institute (ANSI) Class I vests with reflective tape should be utilized to help
direct traffic during morning drop-off and afternoon pick-up periods in an
effort to effectively and efficiently utilize the drop-off/pick-up area. The
use of staff attendants is anticipated to reduce the wait -time for vehicles.
a. During the morning drop-off period (6:50 — 8:30 AM) one
attendant shall assist parents/students at the internal stop
line (front of the drop-off area near the administration
building) while two other attendants assist children exiting
cars within the two drop-off lanes further along.
b. Parents shall place a placard on the passenger window
displaying their child/children's name(s) to assist the
attendants during the afternoon pick-up period. During the
afternoon pick-up period (1:50 — 3:30 PM) two attendants
shall assist vehicles at the stop line while one other
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attendant walks along and calls out student names as
students wait curb -side.
Staff attendants shall wear reflective safety vests (ANSI
Class I with reflective tape no less than 25mm in
thickness).
The school should continue to actively advocate a carpooling program to
help reduce the number of vehicle trips during the peak drop-off/pick-up
periods.
Ill. D.2 Gradinq And Drainage
160 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 approved
Grading Plans. The appropriate Engineer -of -Record Final Grade Certification
shall be submitted for verification/acceptance to the City Engineering
Department.
II1.D.3 NPDES AND WQMP
161. BMP Installation — Prior to final occupancy or within twelve months of
Project approval, whichever occurs first, 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 City will not release occupancy permits for any
portion of the project exceeding 80% of the project area prior to the
completion of these tasks.
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 Riverside County Flood Control District's NPDES Section by either the
District's website www.floodcontrol.co.riverside.ca.us, e-mail
fcnpdes@co.riverside. ca. us, or the toll free number 1-800-506-2555.
Please provide Project number, number of units and location of
development. Note that there is a five-day minimum processing period
requested for all orders.
The developer must provide to the Engineering Department a notarized
affidavit stating that the distribution of educational materials to the tenants
is assured prior to the issuance of occupancy permits or within twelve
months of Project approval, whichever occurs first.
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Section IV:
Riverside County Fire Department
Conditions of Approval
5/23/2012 Page 49 of 58
General Conditions
167. West Fire Protection Planning Office Responsibility. It is the responsibility
of the recipient of these Fire Department conditions to forward them to all
interested parties. The permit number (11-MENI-PUP-165) is required on all
correspondence.
Additional information is available at our website: www.rvcfire.org or go to the link
marked "Ordinance 787".
Questions should be directed to the Riverside County Fire Department, Fire
Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501.
Phone: (951) 955-4777, Fax: (951) 955-4886
168. City Case Statement. With respect to the conditions of approval for the
referenced project, the Fire Department recommends the following fire protection
measures be provided in accordance with Riverside County Ordinance and/or
recognize fire protection standards.
169. Retroreflective Pavement Markers. Blue retroreflective pavement markers
shall be mounted on private streets, public streets and driveways to indicate
location of fire hydrants. Prior to installation, placement of markers must be
approved by the Riverside County Fire Department.
170. Fire Flow. Minimum required fire flow shall be 1500 GPM for a two (2) hour
duration at 20 PSI residual operating pressure, which must be available before
any combustible material is placed on the job site. Fire flow is based on type VB
construction per the currently adopted CBC and Ordinance 787; Building(s)
having a fire sprinkler system.
171. Fire Hydrants. Super fire hydrant(s) (6"x4"x 2-2-1/2"), shall be located not
less than 25 feet or more than 250 feet from any portion of the building as
measured along approved vehicular travel ways.
172. Address at Site. The site address shall be clearly posted on the job site
entrance during construction. This will enable incoming emergency equipment
and inspectors to locate the job site from the assigned street. Numbers shall be
a minimum of 24 inches in height.
173. Fire Facilities. All fire facilities required by the project shall be dedicated to the
City of Menifee.
Prior to Issuance of Building Permit
174. Plan Check. 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.
175. Water Plans. The permitee shall separately submit two copies of the water
system plans to the fire Department for review and approval. Calculated
velocities shall not exceed 100 feet per second. Plans shall conform to the fire
5/23/2012 Page 50 of 58
hydrant types, location and spacing. 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: 1 certify that the
design of the water system is in accordance with the requirements prescribed by
the Riverside County Fire Department."
Prior to Final Inspection
176. Fire Lanes. The permitee shall prepare and submit to the Fire Department for
approval, a site plan designating required fire lanes with appropriate lane painting
and/or signs.
177. Display Boards. Display Boards with be as follows: Each complex shall have
an illuminated diagrammatic representation of the actual layout which shows
name of complex, all streets, building designators, unit members and fire hydrant
locations within dimension and located next to roadway access.
178. Sprinkler System. Install a complete fire sprinkler system per NFPA 13 2010
edition (13D and 13R system are not allowed) in all buildings. Sprinkler
system(s) with pipe size in excess of 4"inch 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 the 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. (Current sprinkler plan check deposit base fee is $614.00 per
riser) permitee shall be responsible to install a U.L. Certified 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 with our "Plan Review Form" for approval prior to installation
(Current monitoring plan check deposit base fee is $192.00).
179. Auto/Man Fire Alarm. Permitee shall be responsible to install a manual and
automatic Fire Alarm System. Plans must be submitted with our "Plan Review
Form" to the Fire Department for approval prior to installation. (Current plan
check deposit base fee $627.00).
180. Fire Extinguishers. Install portable fire extinguishers with a minimum rating of
2A-10BC and signage. Fire Extinguishers located in public areas shall be in
recessed cabinets mounted 48" (inches) to center above floor level with
maximum 4" projection from the wall. Contact Fire Department for proper
placement of equipment prior to installation.
181. Hood Ducts. A U.L. 300 hood duct fire extinguisher 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 of $215.00 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
5/23/2012 Page 51 of 58
system. However, a new or pre-existing alarm system must be connected to the
extinguishing system. Separate alarm/monitoring plans must be submitted for
review prior to connection. Current plan check deposit fee is $192.00.
5/23/2012 Page 52 of 58
Section VI:
Riverside County Environmental
Health Conditions of Approval
5/23/2012 Page 53 of 58
General Conditions
182. General Comments. This project is proposing Eastern Municipal Water
District (EMWD) water and sewer service. Per Memorandum of Understanding
between the County of Riverside and EMWD, no "will -serve" letters are required
for projects located within their service area. It is the responsibility of the
permitee 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) and/or well(s) must be properly removed or abandoned under permit
with the Department of Environmental Health (DEH).
183. Retention Basins — No Vectors. All proposed retention basins must be
constructed and maintained in a manner that prevents vector breeding and
vector nuisances.
Prior to Grading Permit Conditions
184. Department of Toxic Substances Control Review. The County of Riverside
Department of Environmental Health may determine that review of the Phase I
Environmental Site Assessment is required by the Department of Toxic
Substances Control (DTSC). The permittee shall provide a copy of the Phase I
Environmental Site Assessment to the Department of Toxic Substance Control.
If DTSC review of the Phase I Environmental Assessment determines that a
Phase II Environmental Site Assessment is required, the Phase II must also be
reviewed and approved by DTSC prior to grading permit issuance.
If the permitee and Riverside County Department of Environmental Health agree
that this review is not required, then the Department of Environmental Health will
direct the City and permitee to complete an alternate process.
Permitee shall provide electronic copies of all documents and correspondence
regarding the environmental review by DTSC to the Riverside County
Department of Environmental Health and the Planning Department.
Prior to Building Permit Conditions
185. Food Plans. A total of 3 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 current State and Local regulations,
specifically the California Retail Food Code. For further information, please
contact Department of Environmental Health, Food Plan Check at (951) 461-
0284.
186. Swimming Pool/Spa Facilities. If a pool is proposed on the subject site, a set
of three (3) complete plans for the swimming pool/spa must be submitted to DEH
to verify compliance with the California Administrative Code, the California Health
and Safety Code and the Uniform Plumbing Code. For further information please
contact Department of Environmental Health, Pool/Spa Plan Check at (951) 461-
0284.
5/23/2012 Page 54 of 58
Prior to Building Final/Occupancy Conditions
187. 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. 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. Contact
a Hazardous Materials Specialist, Hazardous Materials Management Division, at
(951) 358-5055 for any additional requirements.
5/23/2012 Page 55 of 58
Section VI.
Riverside County Environmental
Programs Department
Conditions of Approval
5/23/2012 Paue 56 of 58
188. Burrowing Owl. Mitigation Measure MM IV D-2 states:
"In order to avoid direct take of burrowing owl, a preconstruction survey shall be
conducted no greater than 30 days prior to ground disturbance on the project
site. This survey shall be conducted in accordance with the protocol approved by
the California Department of Fish and Game and modifications to the protocol by
RCIP. If the species is detected, construction shall be limited to beyond at least
300 feet of the active burrows until it has been confirmed by a qualified biologist
that the nesting effort has been completed.
If burrowing owls are observed outside of the breeding season (from September
1 through January 31), passive relocation shall be performed by a qualified
biologist in coordination with CDFG. Passive relocation is defined as
encouraging owls to move from occupied burrows to alternate natural or artificial
burrows that are beyond 50 m from the impact zone and that are within or
contiguous to a minimum of 6.5 acres of foraging habitat for each pair of
relocated owls. Based on CDFG requirements, passive relocation would only
apply to burrowing owls not actively nesting and could occur outside of the
nesting season from September 1 through January 31, unless a qualified
biologist approved by CDFG verifies through non-invasive methods that the birds
have not begun laying eggs or incubating, or that juveniles from occupied
burrows are independently foraging and capable of independent survival. At the
same time that the birds are being excluded from occupied burrows, it is
essential that all potential burrows are collapsed to ensure no burrowing owls can
reoccupy the project site. If there is greater than a 30-day delay from passive
relocation action, a preconstruction survey shall be performed within 30 days
prior to the commencement of construction.
To avoid impacting nesting birds, one of the following must be implemented:
a) Conduct grading activities from September 1st through January 31st, when
birds are not likely to be nesting on the site; - OR -
b) Conduct pre -construction surveys for nesting birds if construction is to take
place during the nesting season (February 1 through August 31). A qualified
wildlife biologist shall conduct a pre -construction nest survey no more than 14
days prior to initiation of grading to provide confirmation of the presence or
absence of active nests on or immediately adjacent to the project site. If active
nests are encountered, species -specific measures shall be prepared by a
qualified biologist and implemented to prevent abandonment of the active nest.
At a minimum, grading in the vicinity of the nest shall be deferred until the young
birds have fledged. A minimum exclusion buffer of 100 feet shall be maintained
during construction, depending on the species and location_ The perimeter of the
nest -setback zone shall be fenced or adequately demarcated with staked
flagging at 20-foot intervals, and construction personnel and activities restricted
from the area. A survey report by the qualified biologist verifying that (1) no active
nests are present, or (2) that the young have fledged, shall be submitted to the
City prior to initiation of grading in the nest -setback zone. The qualified biologist
shall serve as a construction monitor during those periods when construction
5/23/2012 Page 57 of 58
activities occur near active nest areas to ensure that no inadvertent impacts on
these nests occur. A report of the findings prepared by a qualified biologist shall
be submitted to the City prior to ground disturbance and/or issuance of a grading
permit."
Therefore, pursuant to Objective 6 and Objective 7 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 surrey 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 Environmental Programs Department. If
it is determined that the project site is occupied by the Burrowing Owl, take of
"active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird
Treaty Act. However, when the Burrowing Owl is present, relocation outside of
the nesting season (March 1 through August 31) by a qualified biologist shall be
required. The County Biologist shall be consulted to determine appropriate type
of relocation (active or passive) and 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.
If the grading permit is not obtained within 30 days of the survey a new survey
shall be required.
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.
&c"L,�J "Aa �Iqllg
Signed Date
ExeC(,_-N6 _1 reaft)r
Name (please print) Title (please print)
5/23/2012 Page 58 of 58