PC13-133Resolution PC 13-133
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING PLOT PLAN NO. 2012-056 FOR THE O'REILLY AUTO PARTS ON
NEWPORT ROAD
Whereas, on March 21, 2012, the applicant, PEI Architecture, filed a formal
application with the City of Menifee for a plot plan to construct and operation a 6,214 sq.
ft. O'Reilly Auto Parts store on 0.58 gross acres located approximately 400 feet west of
Murrieta Road and immediately north of Newport Road within the City of Menifee; and,
Whereas, on February 26, 2013, 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 Plot Plan No. 2012-056, which hearing
was publicly noticed by a publication in the newspaper of general circulation, an agenda
posting, and notice to property owners within 500 feet of the project boundaries, and to
persons requesting public notice; and,
Whereas, at the February 26, 2013 Planning Commission public hearing, the
Commission found that:
Consistency with the General Plan. The plot plan 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 Commercial Retail (CR) in the
Community Development Foundation. The proposed project meets the
requirements of the Community Development: Commercial Retail General
Plan land use designation. The General Plan Land Use Designation
described above is compatible with the underlying zoning classification of
Scenic Highway Commercial (C-P-S).
The project is consistent with General Plan Land Use Policy LU 23.9, which
requires that commercial development be designed to consider their
surroundings and visually enhance, not degrade, the character of the
surrounding area. (Al 3). The architecture and landscaping proposed by the
project will visually enhance the shopping center and the surrounding area.
Surrounding General Plan Land Use designations are Commercial Retail
(CR) to the north, east and south and Medium Density Residential (MDR) to
the west. The project is consistent with the surrounding commercial land
uses. The project is compatible with the residential land uses to the west,
which are separated from the project site by a 6-foot block wall and a
landscaped buffer. The project includes landscaping and enhanced
architecture and will be compatible with these residential land uses.
The future proposed general plan land use designation for the property is
Economic Development Corridor (EDC). The intent of this land use
designation is to designate areas where a mixture of residential, commercial,
office, industrial, entertainment, educational, and/or recreational uses, or
other uses is planned. In general, areas designated as EDC are envisioned
to develop primarily as nonresidential uses with residential uses playing a
supporting role.
Resolution No PC 13-133
PP 2012-056
February 26, 2013
The EDC designation is primarily intended for uses along Corridors, such as
Newport Road, since land uses in this area have a higher likelihood to
transition over time in comparison to other areas of the City. The project is
consistent with the EDC designation, because it provides commercial uses
which will be supported by nearby residential uses and it further develops the
Newport Road as a major commercial corridor within the City.
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 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 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 a
commercial project consistent with the Riverside County Ordinance 810.2
and Ordinance No. 663.10 as adopted by the City of Menifee. As such, 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 Scenic Highway Commercial (C-P-S) as defined in
Ordinance No. 348 The proposed project is an allowable use (i.e.,
"automobile parts and supply stores" as listed in the zoning text) with the
approval of a plot plan according to Ordinance No. 348. The project is also
consistent with the development standards of the C-P-S zone. Refer to the
table below which describes the project in relation to the required
development standards:
Project -related Develo ment Standards
Development
Standard
Development Standard
Proposed Project
Consistency
Category
of the C-P-S Zone
Determination
Height
50'
21'-4"
Consistent
Minimum lot
N/A
N/A
Consistent
area
Setback
N/A*
N/A
requirements
Consistent
Roof-
All roof -mounted
The roof -mounted
mounted
equipment shall be
equipment will be
Consistent
equipment
screened from the
screened from ground -
round elevation view to
level view by the
Resolution No PC 13-133
PP 2012-056
February 26, 2013
Project -related Develo ment Standards
Development
Standard
Development Standard
Proposed Project
Consistency
Category
of the C-P-S Zone
Determination
a minimum sight
proposed parapet walls
distance of 1,320 feet.
as required under the
conditions of approval
and as shown on the
proposed elevations.
There are no yard requirements for buildings which do not exceed 35 feet in height.
The proposed signs affixed to the building are consistent with the
development standards for on -site advertising specified within Ordinance No.
348, Section 19.4 as shown in the table below:
Sign Plan Develo ment Standards
Development
Development Standard
proposed Sign
Consistency
Standard
of Ord. No. 348,
Category
Section 19.4 b
program
Determination
Proposed front sign
surface area:
One (1) 3' by 20'-9"
"O'Reilly Auto Parts"
sign (62.25 sq. ft.)
Surface area shall not
Surface are of side
exceed 10% of front face
Consistent
face:
of building
19'-4" (H) by 101'-4"
(W) = 1,959 sq. ft.
Percentage of
Coverage:
3.2%
Proposed front sign
surface area:
Size of Sign
One (1) 3' by 20'-9"
"O'Reilly Auto Parts"
sign (62.25 sq. ft.)
Surface area shall not
Surface are of side
exceed 10% of side face
face:
Consistent
of building
19'-4" (H) by 61'-4" (W)
1,186 sq. ft.
Percentage of
Coverage:
5.2%
Surface area shall not
exceed 5% of rear face
No rear sign proposed.
Consistent
of building
In addition, the project is consistent with parking space requirements and
parking lot landscaping design layout requirements of Ordinance No. 348,
Section 18.12.
Resolution No PC 13-133
PP 2012-056
February 26, 2013
Surrounding properties to the north and east within the center and the
property to the south are zoned Scenic Highway Commercial (C-P-S). To the
west are properties zoned One Family Dwellings (R-1). These classifications
are compatible with the Scenic Highway Commercial (C-P-S) zone of the
project site.
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.
There are existing residences to the west of the project site. The project is
compatible with these residential land uses, which are currently separated
from the project site by a 6-foot block wall and a landscaped buffer of varying
depth (10- to 40-foot-wide). Currently, this landscaped buffer contains only
two trees and ruderal vegetation. This planter is proposed to be landscaped
with more sufficiently dense landscaping (including 11 trees, climbing vines,
and shrubs). In addition, the trash enclosure will be moved from the
northwest boundary of this parcel to the southeast side of the proposed
building, where it will be screened from these neighboring residences.
Therefore, the project includes landscaping and sufficient buffering, in
addition to enhanced architecture, and will be compatible with these
residential land uses.
Immediately to the north and east are similar retail commercial
establishments within the existing Stater Bros. Shopping Center. The
proposed project has incorporated similar architectural design features
compared to the remainder of the center. In addition, the proposed
landscaping plans have incorporated a plant palette which includes many of
the same plant species as the recently approved Del Taco to the east (within
the same center). There is sufficient parking for the use and within the
overall center. Reciprocal access agreements are in place for access
throughout the shopping center. The proposed site plan also improves
pedestrian connectivity throughout the center. Lastly, the Walgreens
Pharmacy to the south is separated from the project site by Newport Road
which includes seven (7) lanes of roadway and a median and, thus, is not
expected to be impacted by the proposed project.
The proposed project is compatible with the surrounding land uses, general
plan land use designations and zoning classifications. The project
incorporates enhanced architecture and landscaping which will improve the
area, particularly the Stater Bros. Shopping Center. The proposed project
was determined to be categorically exempt pursuant to CEQA and CEQA
Guidelines. Environmental impacts resulting from the project have been
determined to be less than significant. 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.
Resolution No PC 13-133
PP 2012-056
February 26, 2013
4. Compliance with CEQA. Processing and approval of the permit application
are in compliance with the requirements of the California Environmental
Quality Act.
The proposed use has been determined to be Categorically Exempt (Class 3
— "New Construction or Conversion of Small Structures") under the California
Environmental Quality Act (CEQA) and CEQA Guidelines, because it is within
an urbanized area and includes one (1) commercial building not exceeding
10,000 sq. ft. The proposed project includes hazardous materials typical of
an auto parts retail supplier (for example, radiator fluids, solvents, oils, and
antifreeze). They are also a repository of used hazardous materials (for
example, used batteries and oil). Prior to occupancy permits, the facility will
require the approval of a Business Emergency Plan (BEP) from the Riverside
County Department of Environmental Health (DEH) for the storage of
hazardous materials (HazMat) greater than 55 gallons, 200 cubic feet or 500
pounds, or any acutely hazardous materials or extremely hazardous
substances. The business must provide a California Accidental Release Plan
(Cal ARP) to the Hazardous Materials Management Division of DEH if the
business handles acutely hazardous materials or extremely hazardous
substances over the threshold planning quantity. The Cal ARP would be
adhered to before any approval for occupancy permits is granted. As such,
specific procedures have been included in the conditions of approval of this
project that will ensure safe storage which will minimize the potential for spills
and allow for efficient response to control any spills, if they should occur.
Provisions are also included to ensure worker safety during the normal
operation of the business. The project site is not included on a list of
hazardous materials sites compiled pursuant to Government Code Section
65962.5 (California Department of Toxic Substances Control list of various
hazardous sites). In addition, necessary public services and facilities are
available and the surrounding area is not environmentally sensitive.
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. Plot Plan No. 2012-056, 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 February 26, 2013.
Resolution No PC 13-133
PP 2012-056
February 26, 2013
PASSED, APPROVED AND ADOPTENTHIS 26t' DAY OF FEBRUARY 2013.
Liesemeyer, C
ATTEST:
J nnifer Allen, Planning Commission Secretary
Approved as to form:
Mv,15A ; I_
ENIFE
Scott A. Mann
Mayor
Nallace W. Edgerton
Deputy Mayor
John V. Denver
Councilmember
Thomas Fuhrman
Councilmember
Greg August
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 95i•679.3843
mv.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. PC13-133 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
26`h day of February, 2013 by the following vote:
Ayes:
Liesemeyer, Matelko, Pica. Sobek
Noes:
None
Absent:
Thomas
Abstain:
None
J nnifer Allen, Planning Commission Secretary
EXHIBIT "1"
Conditions of Approval for
Plot Plan No. 2012-056
"O'Reilly Auto Parts"
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
Page 1 of 40
Section I:
Conditions Applicable to all
Departments
Page 2 of 40
General Conditions
Description. Planning Application No. 2012-056 (Plot Plan) proposes a plot
plan for the establishment of a 6,214 sq. ft. freestanding building for the sale of
automobile parts and supplies within a 0.58-acre site within an existing shopping
center (i.e., Stater Bros. Shopping Center). The existing shopping center was
entitled under Riverside County Plot Plan No. 10666 in 1990. The project also
proposes the removal of eight existing parking spaces along the northern portion
of the parcel and the construction of seven (7) new parking spaces (including two
(2) ADA accessible spaces). The project proposes to utilize thirty-five (35)
existing parking spaces (for a total of forty-two (42) spaces). No fencing or walls
are proposed as part of this project.
The hours of operation, including loading, unloading, and deliveries, shall be
limited to 7:00 a.m. to 10:00 p.m. seven days a week.
The project also includes approval of a sign program. The sign program includes
the following signs:
a. Two (2) "O'Reilly Auto Parts" internally illuminated channel letter signs on
the south and east elevations. The sign dimensions for each elevation
are 20'-9" x 3' with a surface area of 62.25 sq. ft.
The project site is located north of Newport Road and west of Murrieta Road.
APN: 339-200-084.
2. 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 Plot Plan No. 2012-056 (2012-056 PP) and any
approval hereunder.
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. 2012-056 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 Plot Plan No. 2012-056, dated
1 /2/13.
APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 2012-056, dated
1 /2/13.
Page 3 of 40
APPROVED EXHIBIT B = Elevations for Plot Plan No. 2012-056, dated
1 /2/13.
APPROVED EXHIBIT M = (Color) Elevations for Plot Plan No. 2012-056,
dated 6/7/12.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2012-056, dated
1 /2/13.
APPROVED EXHIBIT L = Landscaping Plan for Plot Plan No. 2012-056,
dated 1/2/13.
APPROVED EXHIBIT S = Signage for Plot Plan No. 2012-056, dated
1 /2113.
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
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. Business Registration. Every person conducting a business within the City of
Menifee shall obtain a business license, as required by the Menifee Municipal
Page 4 of 40
Code. For more information regarding business registration, contact the City of
Menifee.
8. 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
permittee may request a one (1) year extension of time in which to begin
substantial construction or use of this permit. Should the time period established
by any of the extension of time requests lapse, or should all three one-year
extensions be obtained and no substantial construction or use of this plot plan be
initiated within five (5) years of the effective date of the issuance of this plot plan,
this plot plan shall become null and void.
Page 5 of 40
Section II:
Planninq Conditions of Approval
Page 6 of 40
General Conditions
9. 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, M, C, G, L and S unless otherwise amended by
these conditions of approval.
10.Outside Lighting. Any outside lighting shall be hooded and directed so as not to
shine directly upon adjoining property or public rights -of -way.
11. Colors and Materials. Building colors shall be in substantial conformance with
those shown on APPROVED EXHIBIT B and M.
12. Parking.
Based on the Ordinance 348, Section 18.12 parking for general retail uses,
including, but not limited to, neighborhood, community and regional shopping
centers, is calculated based on the following ratios: 5'/2 spaces per 1,000 square
feet of net leasable floor area. The minimum number of required parking spaces
for the general retail use is 35. In addition, for projects requiring 26 to 50 total
parking spaces, a minimum of two (2) accessible parking spaces is required.
The site will provide a total of 42 parking spaces including the two (2) required
accessible spaces.
A minimum of 42 parking spaces shall be provided as shown on the APPROVED
EXHIBIT A, unless otherwise approved by the Planning Department. The parking
area shall be surfaced with asphaltic concrete, concrete, or porous paving, to
current standards as approved by the Department of Building and Safety.
ADA Parking Spaces:
A minimum of two (2) 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
Page 7 of 40
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.
Bicycle Racks:
Bicycle racks with a minimum of two (2) 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.
Loading:
One loading space will be provided.
13. Signage. 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 other than that shown on APPROVED EXHIBIT
S, which includes two (2) "O'Reilly Auto Parts" internally illuminated channel
letter signs on the south and east elevations. The sign dimensions for each
elevation are 20'-9" x 3' with a surface area of 62.25 sq. ft. 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.
14. 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.
15. 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.
16. 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.
17. 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
Page 8 of 40
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.
18. 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).
19. No Outdoor Storage. No outdoor storage is allowed within the site. No storage
lockers, sheds, metal container bins or metal shipping containers will be allowed
to be kept onsite unless reviewed and approved by the Planning Department.
20. Hours of Construction. Construction activities shall be restricted to the hours of
6:30 am to 7:00 pm Monday through Friday, 8:00 am to 5 pm on Saturdays, and
are prohibited on Sundays and federal holidays.
21. Rules for Construction Activities. The applicant shall adhere to the Best
Available Control Measures (BACMs). SCAQMD Rules that are currently
applicable during construction activity for the project include but are not limited
to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403
(Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule
403 regulatory requirements that are applicable to the project are as follows:
• All clearing, grading, earth -moving, or excavation activities shall cease when
winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust
emissions.
• The contractor shall ensure that all disturbed unpaved roads and disturbed
areas within the project are watered at least three times daily during dry
weather. Watering, with complete coverage of disturbed areas, shall occur at
least three times a day, preferably in the midmorning, afternoon, and after
work is done for the day. Implementation of this measure is estimated to
reduce PM,oand PM2.5fugitive dust emissions by approximately 61%.
• The contractor shall ensure that traffic speeds on unpaved roads and project
site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.e
fugitive dust haul road emissions by approximately 44%.
22. 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.
Page 9 of 40
Archaeology
23. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin. Further,
pursuant to Public Resource Code Section 5097.98(b) remains shall be left in
place and free from disturbance until a final decision as to the treatment and
disposition has been made. If the Riverside County Coroner determines the
remains to be Native American, the Native American Heritage Commission shall
be contacted within the period specified by law (24 hours). 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. Human remains from other
ethnic/cultural groups with recognized historical associations to the project area
shall also be subject to consultation between appropriate representatives from
that group and the Community Development Director.
24. Inadvertent Archeological Find. If during ground disturbance activities, unique
cultural resources are discovered that were not assessed by the archaeological
report(s) and/or environmental assessment conducted prior to project approval,
the following procedures shall be followed. Unique cultural resources are
defined, for this condition only, 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 as
determined in consultation with the Native American Tribe(s).
i. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
developer, the archaeologist, the Pechanga tribal representative(s) and
the Community Development Director to discuss the significance of the
find.
ii. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
iii. 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.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Treatment and Monitoring
Agreement.
Landscaping
25.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).
Page 10 of 40
26. 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.
27. 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
28. 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.
Prior to Issuance of Grading Permit
29. 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;
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e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wind 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 period or more, so as to prevent
excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
r. All materials transported off -site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction
site that identifies the permitted construction hours and provides a telephone
number to call and receive information about the construction project or to
report complaints regarding excessive fugitive dust generation. Any
reasonable complaints shall be rectified within 24 hours of their receipt.
Page 12 of 40
Archaeology
30. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin. Further,
pursuant to Public Resource Code Section 5097.98(b) remains shall be left in
place and free from disturbance until a final decision as to the treatment and
disposition has been made. If the Riverside County Coroner determines the
remains to be Native American, the Native American Heritage Commission shall
be contacted within the period specified by law (24 hours). 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. Human remains from other
ethnic/cultural groups with recognized historical associations to the project area
shall also be subject to consultation between appropriate representatives from
that group and the Community Development Director.
31. Inadvertent Archeological Find. If during ground disturbance activities,
unique cultural resources are discovered that were not assessed by the
archaeological report(s) and/or environmental assessment conducted prior to
project approval, the following procedures shall be followed. Unique cultural
resources are defined, for this condition only, 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 as
determined in consultation with the Native American Tribe(s).
1. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
developer, the archaeologist, the Pechanga tribal representative(s) and
the Community Development Director to discuss the significance of the
find.
2. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
3. Grading of further ground disturbance shall not resume within the area of
the discovery until an agreement has been reached by all parties as to
the appropriate mitigation.
4. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Treatment and Monitoring
Agreement.
Paleontology
32. Paleontological Resources. According to the County's General Plan, this site
has been mapped as having a "Low Potential" for paleontological resources.
This category encompasses lands for which previous field surveys and
documentation demonstrates a low potential for containing significant
paleontological resources subject to adverse impacts. As such, this project is not
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anticipated to require any direct mitigation for paleontological resources.
However, should fossil remains be encountered during site development:
1. All site earthmoving shall be ceased in the area of where the fossil
remains are encountered. Earthmoving activities may be diverted to other
areas of the site.
2. The owner of the property shall be immediately notified of the fossil
discovery who will in turn immediately notify the County Geologist of the
discovery.
3. The applicant shall retain a qualified paleontologist approved by the
County of Riverside.
4. The paleontologist shall determine the significance of the encountered
fossil remains.
5. Paleontological monitoring of earthmoving activities will continue
thereafter on an as -needed basis by the 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
supervising paleontologist will have the authority to reduce monitoring
once he/she determines the probability of encountering any additional
fossils has dropped below an acceptable level.
6. If fossil remains are encountered by earthmoving activities when the
paleontologist is not onsite, these activities will be diverted around the
fossil site and the paleontologist called to the site immediately to recover
the remains.
7. Any recovered fossil remains will be prepared to the point of identification
and identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled
with museum* repository fossil specimen numbers and corresponding
fossil site numbers, as appropriate; places in specimen trays and, if
necessary, vials with completed specimen data cards) and catalogued, an
associated specimen data and corresponding geologic and geographic
site data will be archived (specimen and site numbers and corresponding
data entered into appropriate museum repository catalogs and
computerized data bases) at the museum repository by a laboratory
technician. The remains will then be accessioned into the museum
repository fossil collection, where they will be permanently stored,
maintained, and, along with associated specimen and site data, made
available for future study by qualified scientific investigators.
*Per the County of Riverside "SABER Policy'; paleontological fossils
found in the County of Riverside should, by preference, be directed to the
Western Science Center in the City of Hemet.
8. The property owner and/or applicant on whose land the paleontological
fossils are discovered shall provide appropriate funding for monitoring,
reporting, delivery and curating the fossils at the institution where the
fossils will be placed, and will provide confirmation to the County that
such funding has been paid to the institution."
Fees
33. 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
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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 0.58 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.
34. Fees. Prior to the issuance of grading permits for 2012-056 PP, 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
35. 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.
Building and Safety will require the following items:
1. Plans shall be designed to the provisions of the 2010 edition of the
California Building, Mechanical, Electrical and Plumbing, Energy and
Green Codes.
2. Three (3) sets of plan drawings shall be submitted along with two (2)
copies of structural and Title 24 Energy documentation.
3. Automatic Fire Sprinkler System plans will be a separate submittal to the
Riverside County Fire Department.
4. Two (2) sets of precise grading plans shall be submitted at time of
building plan review submittal. Showing all disabled access paths of
travel, cross and directional slope percentages, site accessibility features
and details.
5. All exterior lighting shall comply with Ordinance 2009-24, "Dark Sky
Ordinance".
All exterior lighting shall fall within current commercial standards.
Separate plan submittal will be required to Riverside County Fire along
with a formal transmittal issued by Building and Safety.
36. 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.
37. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
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38. Lighting. The building plans shall show the location and types of light fixtures
that will be within the project site. Lighting fixtures shall be decorative. Shoe box
type lighting will not be allowed. Lighting shall be designed to define the
vehicular and pedestrian circulation patterns and ensure safe pedestrian
movement. The types of lighting fixtures used shall be subject to Planning
Department approval.
39. 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.
40. 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.
41. Security Systems. Prior to the issuance of building permits, the applicant shall
prepare a security plan for the site. Pursuant to correspondence dated April 4,
2012 from the Riverside County Sherriff's Department, in addition to the common
burglary/security alarm system that O'Reilly Auto Parts installs in their
businesses, they shall also install exterior cameras to monitor all parking stalls
surrounding the exterior of this building. These cameras shall be attached to the
proposed light poles in the parking lot and/or the exterior of the building itself.
Security cameras shall be installed in the interior of this business that records the
shopping aisles as well as the counters and cash registers. The interior and
exterior cameras shall be equipped with recording capabilities allowing it to save
a minimum of four months of recording time. The Sherriff's Department and/or
Planning Department shall verify that the security system has been installed prior
to final occupancy.
Paleontology
42. 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, only if a Paleontological Monitoring
Report is necessary pursuant to Condition of Approval No. 0, above. 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
43. 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
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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.
44. 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
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. Shading calculations is based on tree canopy over the
parking spaces. Tree canopy after 15 years growth shading the parking spaces
only. For this conceptual the shading requirements will be accepted. On working
drawings, the shading of 50% as you have shown is not acceptable as the trees
are planted 4' (typical) into the planter. Please use AutoCAD to calculate the
shade in the parking area for the working drawings.
The location, number, genus, species, and container size of plants shall be
shown. Plans shall meet all applicable requirements of Menifee Municipal Code
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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.
45. Curb and Walkway on End Stall Planters. A six -inch -high curb with a twelve -
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.
46. Crime Prevention through Environmental Design Guidelines. Pursuant to
correspondence dated April 4, 2012 from the Riverside County Sherriff's
Department, all plants, landscaping and foliage shall fall within current CPTED
(Crime Prevention through Environmental Design) guidelines.
47. 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 pre -installation, installation, Six Month and One Year
Landscape Inspections. The amount of hours for the 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
48. 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.
49. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
50. 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
51. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on APPROVED EXHIBIT B.
52. 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.
53. 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.
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54. 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.
55.Trash Enclosures. One (1) trash enclosure which is adequate to enclose a
minimum of two (2) 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.
56. Lighting. Exterior lighting shall be consistent with the approved building plans.
57. 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.
58. Security Systems. The Riverside County Sheriff Department and/or Planning
Department shall verify that the security system has been installed in compliance
with the Riverside County Sherriff Department's requirements prior to final
occupancy.
59. 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.
Landscaping
60. 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?"
61. 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
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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
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.
62. Landscape Installation. All required landscape planting and irrigation, including
but not limited to onsite and landscaping and irrigation within public right-of-way
and along both sides of the driveway on Newport Road, 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.
63. 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
64.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.
65. Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon
building permit final inspection prior to use or occupancy for cases without final
inspection or certificate of occupancy (such as an SMP), whichever comes first,
the 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.
66. Fees. Prior to issuance of occupancy/final inspections, the Planning Department
shall determine if the deposit based fees for project are in a negative balance. If
so, any outstanding fees shall be paid by the permitee.
67. 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.
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Section III:
Engineerinq/Trans
►rtation/
Gradinq Conditions of Approval
Page 22 of 40
The Engineering Department recommends the following additional conditions of
approval for this project. Unless stated otherwise, all conditions shall be completed by
the applicant at no cost to the City or any other Government Agency:
General Conditions
68. Construction Times of Operation. Any construction within the City limits
located 1/4 of a mile from an occupied residence shall be limited to the hours of
6:30 a.m. to 7:00 p.m., Monday through Saturday, except on nationally
recognized holidays in accordance with Municipal Code Section 8.01.020.
Construction on Sunday or nationally recognized holidays are not permitted
unless prior approval is obtained from the City Building Official or City Engineer.
Circulation and Dedications
69. 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.
70. Off -Site Parking. This project shall not have off -site parking on the street.
71. Traffic Signal Mitigation Program - The applicant shall participate in the Traffic
Signal Mitigation Program as approved by the City Council.
72. TUMF Fee Credit — This project is not eligible for fee credit against Development
Impact Fees or other fees received by the City. Any credit of transportation
Uniform Mitigation Fees is governed by WRCOG.
73. Driveways — The following designations shall describe the locations of the
project driveway access points:
Two (2) Southerly Driveways — Existing driveways on Newport Road just west
and east of the project site are designated as the main entrance.
East Driveway — Existing driveway on Murrieta Road between the Stater
Bros. Market and Del Taco.
Existing driveway at the northeast property line - It serves as Stater Bros.
Delivery driveway.
74. Development Access — The existing most westerly access driveway on Newport
Road shall be left in, right in & right out. The existing most easterly access
driveway on Newport Road is right in / right out "Only" lanes. The existing
easterly driveway access driveway between Stater Bros. and Del Taco has Left
in, Right in, Left out and right out lanes. The existing most north east driveway is
Right in / Left out and Right out lanes.
Page 23 of 40
75. Paving — Parking Lot Paving shall conform to Ordinance 461. The
applicant/applicant shall be responsible for obtaining the paving inspections
required by Ordinance 457.
76. Road Improvements —The parkway areas behind the street curb within the right-
of-way of Newport Road, not including the sidewalk and handicap ramps shall be
landscaped and irrigated and maintained by the L&LMD in accordance with their
requirements.
77. 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.
78. Concrete Work — All concrete work including curbs, gutters, sidewalks,
driveways, cross gutters, catch basins, manholes, vaults, etc. shall be
constructed with concrete having a 28 day minimum strength of 3,250 psi.
79. Landscape and Lighting Maintenance District (L&LMD) - The applicant shall
submit to the City or its designee, the Transportation Department L&LMD
Administrator the following:
a. Completed Engineering Department application
b. (2)Sets of street lighting plans approved by Engineering Department.
c. (2)Sets of landscape and irrigation plans approved by Engineering
Department.
d. Appropriate fees for annexation.
e. "Streetlight Authorization" form from SCE, IID or other electric
provider.
80. Assessment Districts - Should this project lie within any assessment/benefit
district, the applicant shall, prior to issuance of a building permit, make
application for and pay for their reapportionment of the assessments or pay the
unit fees in the benefit district.
81. Sewer Lines — All sewer line alignments shall be designed such that the
manholes are aligned with the center of lanes or on the lane line and in
accordance with Ordinances 460/461 and Eastern Municipal Water District
standards.
82. 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.
83. 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.
Page 24 of 40
84. ADA Compliance — ADA path of travel shall be designed at the most convenient
access and the shortest distance to the building in accordance with ADA design
standards and to the satisfaction of the City Engineer and City Building Official.
Grading and Drainage
85. General Grading Conditions - All grading shall conform to the latest edition of
the latest adopted edition of the California 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.
86. 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.
87. Geotechnical and Soils Reports Submittals - All grading shall be done in
conformance with the recommendations of the included geotechnical/soils
reports and under the general direction of a licensed geotechnical engineer.
Geotechnical/soils reports shall be submitted to the City Engineering Department
for approval prior to issuance of a grading permit. All grading shall be in
conformance with the recommendations of the geotechnical/soils reports as
approved by the City. The geotechnical/soils, compaction and inspection reports
will be reviewed in accordance with the Riverside County Geotechnical
Guidelines for Review of Geotechnical and Geologic Reports. A pre -grading
meeting, certifications, approvals and inspection procedures will be implemented
per the City Building and Safety Grading Inspection process.
88. Grading Bonds - Grading in excess of 199 cubic yards will require performance
security to be posted with the City Engineering Department.
89. 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.
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90.2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved.
91. Slope Erosion Control Plan - Erosion control - landscape plans, required for
manufactured slopes greater than 3 feet in vertical height, are to be signed by a
registered landscape architect and bonded per the requirements of Ordinance
457.
92. 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. Additional erosion protection may be required during the
rainy season from October 15 to April 15
93. 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.
94. Design Criteria:
a. On -Site Parking — Parking stalls and driveways shall not have grade
breaks exceeding 4%. A 50' minimum vertical curve shall be provided
where grade breaks exceed 4%. 5% grade is the maximum slope for any
parking area.
b. Down Drains - Concrete down drains that outlet onto parking lot areas
are not allowed. Drainage that has been collected in concrete ditches or
swales should be collected into the drainage system underground or outlet
with appropriate velocity reducers into BMP devises.
c. Slopes - All manufactured slopes exceeding 3' shall have some type of
drainage swale at the toe of the slope to collect any runoff.
d. Pavement - Permeable pavement requires the layers of filter material to
be installed relatively flat. As such, the permeable pavement areas should
have a maximum surface gradient of 2%.
Any of the above considerations may require a redesign of the project.
Significant redesigns may require a revised Plot Plan.
95. Drainage Grade - Minimum drainage design grade shall be 1% except on
Portland cement concrete surfaces where 0.5% shall be the minimum. The
engineer of record must submit a variance request for design grades less than
1 % with a justification for a lesser grade.
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96. 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.
97. Drainage Facilities and Terracing - Provide drainage facilities and terracing in
conformance with Section J109 of the California Building Code.
98. 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, outlet points and outlet conditions; otherwise, a drainage
easement shall be obtained from the affected property owners for the release of
concentrated or diverted storm flows. A copy of the recorded drainage easement
shall be submitted to the District for review.
99.100 Year Drainage Facilities - All drainage facilities shall be designed to
accommodate 100 year storm flows as approved by the City of Menifee.
100. Flood Hazard Report.
101. Trash Racks. Trash racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large floatable debris.
Prior to Issuance of Grading Permit
Circulation and Dedications
102. Improvement Plans - Improvement plans for the required improvements must
be prepared and shall be based upon a design profile extending a minimum of
300 feet beyond the project boundaries at a grade and alignment as approved by
the City Engineering Department. Completion of road improvements does not
imply acceptance for maintenance by the City.
103. Signing and Striping Plan - A signing and striping plan conforming to all
requirements, conditions, and provisions of the CAMUTCD is required for this
project. The applicant shall be responsible for any additional paving required to
implement the striping plan. Traffic signing and striping shall be performed by
City forces with all incurred costs borne by the applicant, unless otherwise
approved by the City Engineer.
104. Construction Traffic Control Plan - Prior to commencement of construction of
any kind, the applicant shall submit to the City Engineering Department for
approval a Construction Traffic Control Plan in compliance with the latest
CAMUTCD standards. This plan shall address impacts from truck traffic, noise,
and dust and shall propose measures to minimize these effects and provide for
safe use of the roads during construction. Included in this plan shall be the Traffic
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Safety Plan for construction impacts in the road right-of-way. This plan shall
specify, for each phase, what measures are required to mitigate the following:
a. Dust and dirt fallout from truck loads and from entrainment onto City
roadways. Street sweeping is required biweekly during construction
activity and daily during all grading operations. Corrugated steel panels
gravel, and wheel washing BMPs shall be installed at all approved
construction entrances as part of the SWPPP.
b. Noise mitigation from truck traffic, including timing of construction, and
operation of vehicles through the surrounding residential streets.
c. Traffic safety within the road right-of-way including temporary traffic
control measures and devices.
105. Sight Distance Exhibit - A separate line of sight exhibit shall be provided with
grading plans to verify adequate sight distance requirements by showing the
limited use areas on the grading plan.
106. Ordinances 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 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 Engineering Department.
Grading and Drainage
107. General Grading Introduction - Improvements such as grading, filling, over
excavation and re -compaction, and base or paving which require a grading
permit are subject to the included City Grading conditions of approval.
108. No Building Permit without Grading Permit - Prior to issuance of any
building permit, the property applicant shall obtain a grading permit and/or
approval to construct from the City Engineering Department.
109. Plan Submittals - Two (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.
110. Improvement Plans. A copy of the BMP improvement plans along with any
necessary documentation shall be submitted to the City for review. A copy of the
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improvement plan and grading plan shall be included for reference. The plans
must receive the City's approval prior to issuance of permits. All submittals shall
be date stamped by the engineer and include a completed Flood Control Deposit
Based Fee Worksheet and the appropriate plan check fee deposit.
111. Site Drainage - Positive drainage of the site shall be provided, and water shall
not be allowed to pond behind or flow over and cut and fill slopes. Where water is
collected in a common area and discharged, protection of the native soils shall
be provided by planting erosion resistant vegetation, as the native soils are
susceptible to erosion by running water. Maximum inclination of all cut and fill
slopes shall be 2 horizontal to 1 vertical. Final determination of the foundation
characteristics of soils within on -site development areas shall be performed by a
geotechnical engineer
NPDES and WQMP
112. NPDES/SWPPP Requirement - This project is larger than one (1) acre 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 Permit. A Storm Water Pollution
Prevention Plan (SWPPP) shall be submitted to the City Engineering Department
for review prior to be certified by the legal responsible person in the SMARTS
system. Once accepted by the City, the PRDs shall be uploaded to the SMARTS
system and a copy of the WDID letter from the Board shall be submitted to the
City. Clearance for grading shall not be given until the City Engineering
Department has determined that the project applicant has complied with such
Order
113. WQMP - This development is located within the San Jacinto River watershed,
and all onsite storm runoff is tributary to Canyon Lake. In compliance with Santa
Ana Regional Water Quality Control Board Order Number NPDES - R8- 2010 -
0033, projects submitted within the western region of the unincorporated area of
Riverside County for discretionary approval will be required to comply with the
Water Quality Management Plan for Urban Runoff (WQMP). The WQMP
addresses post -development water quality impacts from new development and
redevelopment projects. The WQMP 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, Storm Water Quality. To comply with the WQMP a developer must
submit a "Project Specific" WQMP. This report is intended to a) identify potential
post -project pollutants and hydrologic impacts associated with the development;
b) identify proposed mitigation measures (BMPs) for identified impacts including
site design, source control and treatment control post -development BMPs; and c)
identify sustainable funding and maintenance mechanisms for the
aforementioned BMPs. A template for this report is included as 'exhibit A' in the
WQMP. A final Project Specific WQMP must be approved by the City
Engineering Department prior to issuance of building or grading permits.
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Projects requiring Project Specific WQMPs are required to submit a
PRELIMINARY Project Specific WQMP along with the land -use application
package. A preliminary WQMP was not submitted with the land -use application;
however, the site grading plan indicates proposed earthen swales that may be
used for post construction BMPs that appear to be adequate for the treatment of
the site. Therefore no Preliminary WQMP will be required for this project.
Additional BMP requirements to the site grading plan will be required during the
Final WQMP approval. The following revisions may be required:
a. Details of post construction BMPs.
b. An infiltration test will be required for infiltration treatment. Infiltration
calculations shall be per the Riverside County Stormwater Quality BMP
Handbook.
c. BMP design flow calculations shall be included in Final WQMP. Additional
BMPs may be required if earth swales (modified on final plan to bio-
swale) shown on site grading plan do not treat the required BMP volume
or flow rate.
d. Earth swale shall be considered a bio-swale to treat the BMP flows.
Earth swale shall be revised to meet the requirements of a bio-swale per
Riverside County Flood Control BMP handbook.
e. Existing parking lot to be removed and replaced shall be considered
routine maintenance and no water quality treatment will be required.
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:
i. Bioretention cells, also known as rain gardens
ii. Cisterns and rain barrels
iii. Green roofs
iv. Pervious concrete, also called "porous pavement", similar to Permeable
paving
v. Grassed swales, also known as bioswales.
vi. On -site infiltration
WQMP Report shall address retail auto store BMPs such as hazardous waste
disposal, recycling procedures, spill prevention and cleanup and other BMPs as
required.
Outdoor storage areas, trash enclosure, recycling areas and all other outdoor
activities provided shall be shown on the WQMP Site Plan.
114. Trash enclosures — Trash enclosures in new developments and
redevelopment projects shall meet new storm water quality standards as follows:
a. Trash enclosure shall have a solid impermeable roof with a minimum
clearance height to allow the bin lid to completely open.
b. Trash enclosure shall be constructed of reinforced masonry without
wooden gates. Walls shall be at least 6' high.
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c. Trash Enclosure shall have a concrete slab floor. The concrete slab shall
be graded to contain any spill within the enclosure or drain the enclosure
to a landscaped area.
d. All trash bins in the trash enclosure shall be leak free and shall have a lid
and be continuously closed.
e. The enclosure area shall be protected from receiving direct rainfall or run-
on from collateral surfaces.
f. Rain water or wastewater runoff from trash enclosure is prohibited. Any
standing liquids must be cleaned up and disposed of properly using a
mop and a bucket or a wet/dry vacuum machine. All non hazardous
liquids without solid trash may be put in the sanitary sewer.
g. An alternate floor drain from the interior of the enclosure that discharges
to the sanitary sewer may be constructed after obtaining approval by
EMWD. This option requires the following:
i. The trash enclosure shall be lockable and locked when not in use
with a 2-inch or larger brass resettable combination lock. Only the
employees and staff authorized by the enclosure owner shall have
access to it. This requirement may make this option not applicable
to apartment and commercial complexes with multiple tenants.
ii. A waterless trap primer shall be provided to prevent escape of
gasses from the sewer line and save water.
iii. Hot and cold running water shall be provided with a connection
nearby with an approved backflow preventer. The spigot shall be
protected and located at the rear of the enclosure to prevent
damage from bins.
115. BMP Facilities 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
BMP's in perpetuity. This may consist of mechanism to assess individual
benefitting property owners or other means approved by the City. The site's
treatment control BMP's must be shown on the project's improvement plans —
either the street plans, grading plans, or landscape plans. The type of
improvement plans that will show the BMP's will depend on the selected
maintenance entity.
116. Final WQMP - A Final WQMP shall be submitted for review and approval by
the City Engineering Department for all ongoing drainage facilities and
maintenance. The Final WQMP shall conform to the latest requirements set forth
by the Regional Water Quality Control Board, order R8-2010-0033.
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Prior to Issuance of Building Permit
Grading and Drainage
117. Grading Conditions - The property applicant shall obtain a grading permit and
approval to construct from the City Engineering Department. The applicant's civil
engineer shall provide the standard City of Menifee rough grade certification form
prior to issuance of building permit for each building. The applicant's
geotechnical engineer shall submit compaction reports with 90% or better prior to
building permit issuance.
118. Conform to Elevations/Geotechnical Compaction - Rough Grade Elevations
of all building pads and structure pads submitted for grading plan check approval
shall be in substantial conformance with the elevations shown on the approved
Grading Plans. The appropriate Engineer -of -Record Rough Grade Certification
shall be submitted for verification/acceptance to the City Engineering
Department. The appropriate Engineer -of -Record Compaction Testing
Certification meeting compliance with the approved project geotechnical/soils
report shall be submitted for verification/acceptance to the City Engineering
Department.
119. Signing and Striping Plan - A signing and striping plan conforming to all
requirements, conditions, and provisions of the CAMUTCD is required for this
project. The applicant shall be responsible for any additional paving required to
implement the striping plan. Traffic signing and striping shall be performed by
City forces with all incurred costs borne by the applicant, unless otherwise
approved by the City Engineer.
120. Street Light Plan - A separate street light plan is required for this project.
Street lighting shall be designed in accordance with Street Light Specification
Chart found in Specification Section 22 of Ordinance 461. For projects within
SCE boundaries use County of Riverside Ordinance 461, Standard No's 1000 or
1001.
121. 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 DIF, private loans or grants or other
public and/or private funding mechanism(s). Evidence of financing the
developer's share of the ultimate improvements shall be demonstrated to the
satisfaction of the City Manager prior to issuance of a building permit.
NPDES And WQMP
122. Improvement Plans. A copy of the BMP improvement plans along with any
necessary documentation shall be submitted to the City for review. A copy of the
grading plan shall be included for reference. The plans must receive the City's
approval prior to issuance of permits. All submittals shall be date stamped by the
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engineer and include a completed Flood Control Deposit Based Fee Worksheet
and the appropriate plan check fee deposit. .
123. WQMP. A copy of the project specific WQMP shall be submitted to the City for
review and approval.
Prior to Certificate of Occupancy
Circulation and Dedications
124. Landscape and Lighting Maintenance District (LLMD) - Prior to issuance of
an occupancy permit the project proponent shall complete annexation to
Landscaping and Lighting Maintenance District No. 89-1-Consolidated for
maintenance of traffic signals within public road rights -of -way for the required
traffic signal(s).
125. Street Sweeping - Owner shall cause property to be annexed into CSA152 or
similar district or mechanism for NPDES BMP of street sweeping, as approved
by the City Engineer.
126. Completion of LLMD Annexation - Prior to issuance of an occupancy permit,
the project proponent shall complete annexation to Lighting Maintenance District
No. 89-1-Consolidated for maintenance of traffic signals, street lights, common
landscape and BMP's within public road rights -of -way.
127. 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.
Grading and Drainage
128. 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.
129. Final Grade Certification — The applicant's civil engineer shall provide the
standard City of Menifee final grade certification form prior to certificate of
occupancy of each building.
130. Plant and Irrigated Slopes - Plant and irrigate all slopes greater than or equal
to 3' in vertical height with grass or ground cover. Slopes that exceed 15' in
vertical height are to be provided with shrubs and/or trees per County Ordinance
457. Drip irrigation shall be used for all irrigated slopes.
131. BMP Education. The developer shall distribute environmental awareness
education materials on general good housekeeping practices that contribute to
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protection of stormwater quality to all initial users. The developer may obtain
NPDES Public Educational Program materials from the District's NPDES Section
by either the District's website: www.floodcontrol.co.riverside.ca.us, e-mail
fen pdes@co.rivers ida.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 City a notarized affidavit stating that the
distribution of educational materials to the tenants is assured prior to the
issuance of occupancy permits.
132. BMPs Installed. All structural BMPs described in the project -specific WQMP
shall be constructed and installed in conformance with approved plans and
specifications. It shall be demonstrated that the applicant is prepared to
implement all non-structural BMPs described in the approved project specific
WQMP and that copies of the approved project -specific WQMP are available for
the future owners/occupants. The District will not release occupancy permits for
any portion of the project exceeding 80% of the project area prior to the
completion of these tasks.
133. BMP Maintenance. The BMP maintenance plan shall contain provisions for all
treatment controlled BMP's to be inspected, and if required, cleaned no later than
October 15`h each year. Required documentation shall identify the entity that will
inspect and maintain all structural BMP's within the project boundaries. A copy
of all necessary documentation shall be submitted to the City for review and
approval prior to the issuance of occupancy permits.
134. BMP Maintenance Agreement — Project owner shall execute and record BMP
Maintenance Agreement upon approval of final WQMP.
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Section IV:
Riverside County Fire Department
Conditions of Approval
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General Conditions
135. 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 (12-MENI-PP-056) is required on all
correspondence.
Additional information is available at our website: www.rvcfire.org or go to the link
marked "Ordinance 787".
If any of the conditions are unclear, difficult to understand, or you would like to
setup a meeting, please feel free to contact Dan Wagner, Assistant Fire Marshall,
at (951) 955-4777 in order to better assist you in the approval of this project.
Questions should be directed to the Riverside County Fire Department, Firs
Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501.
Phone: (951) 955-4777, Fax: (951) 955-4886
136. 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.
137. High Pile/Rack Storage. A separate permit may be required for high -pile
storage and/or racks. Sprinkler Plans and/or sprinkler review must be submitted
by a licensed sprinkler contractor with storage and/or rack plans to Riverside
County Fire Department for review and approval of the 2010 CFC Chapter 24
compliance. Complete information re: all commodities stored, rack dimensions,
placement in building, sprinkler densities, etc. must be provided with suppression
system for racks and/or high -pile storage review. A complete listing of
commodities, Classified using CFC Chapter 24 of the 2010 Edition and NFPA 13,
2010 Edition guidelines by a licensed Fire Protection Engineer (or other
consultant approved by this jurisdiction). (Current plan check deposit base fee is
$348.00)
138. Blue Dot Reflectors. Blue retro-reflective 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 Dept.
139. Minimum Fire (Water) Flow. Minimum required fire flow shall be 1500 GPM for
2 hours duration at 20 PSI residual operating pressure, which must be available
before any combustible material is placed on the job site. Average spacing
between hydrants 500' and 250 ' maximum distance from any point on the street
or road frontage to hydrant.
140. Super Fire Hydrants. Super fire hydrants (6" x 4" x 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.
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Prior to Issuance of Building Permit
141. Plan Check Fee. Building plan check deposit based fee of $1,056.00 made
payable to the Riverside County Fire Department, in the form of a check or
money order only, must be submitted to the Fire Department at time plans are
submitted to our office(s).
Permit Fire Department "Submittal Form", available on line at www.rvefire.org or
by contacting our office, must be completed along with payment. .
142. Water Plans. Applicant and/or developer shall separately submit 2 sets of water
system plans to the Fire Department for review. Plans must be signed by a
registered Civil Engineer and/or water purveyor prior to Fire Department review
and approval. Mylars will be signed by the Fire Department after review and
approval. Two (2) copies of the signed and approved water plans shall be
returned to the Fire Department before release of a building permit.
Prior to Final Inspection
143. Designated Fire Lanes. The applicant shall prepare and submit to the Fire
Department for approval, a site plan designating required fire lanes with
appropriate lane painting and/ or signs.
144. 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) applicant or developer 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).
145. Extinguishers — Minimum. 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 Dept. for proper placement of
equipment prior to installation.
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Section VI:
Riverside Coun
Environmental
Health Conditions of Approval
Page 38 of 40
General Conditions
146. 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.
Prior to Building Final/Occupancy Conditions
147. Hazardous Materials Management Branch (HMMB). Prior to the Final of a
Building Permit, the facility will require a Business Emergency Plan (BEP) for the
storage of hazardous materials (HazMat) greater than 55 gallons, 200 cubic feet
or 500 pounds, or any acutely hazardous materials or extremely hazardous
substances. The business must provide a California Accidental Release Plan
(Cal ARP) to the Hazardous Materials Management Division if the business
handles acutely hazardous materials or extremely hazardous substances over
the threshold planning quantity. The Cal ARP guideline must be adhered to
before approval can be granted.
If further review of the site indicates additional environmental health issues,
HMMB reserves the right to regulate the business in accordance with applicable
County Ordinances. Please contact HMMB at (951) 766-6524 to obtain
information regarding any additional HazMat requirements.
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