PC13-134Resolution PC 13-134
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING PLOT PLAN NO. 2012-178
Whereas, on November 20, 2012 the applicant, Summit Equipment Rentals, filed
formal applications with the City of Menifee Planning Department for an existing
equipment storage yard and offices; and
Whereas, on February 12, 2013 the Planning Commission held public hearing on
the Project, considered public testimony and materials in the staff report and
accompanying documents, which hearing was publicly noticed by a publication in a
newspaper of general circulation, an agenda posting, and notice to property owners
within 1,000 feet of the project site boundaries.
Whereas, at the February 12, 2013 Planning Commission public hearing, the
Commission discussed, then continued, the project to April 9, 2013; and,
Whereas, the Planning Commission held a subsequent public hearing on April 9,
2013, considered public testimony and materials in the staff report and accompanying
documents, which hearing did not require an additional public notice pursuant to
Riverside County Ordinance No. 348, Section 1.11; and,
Whereas, at the April 9, 2013 Planning Commission public hearing, the
Commission discussed, then continued, the project to May 14, 2013; and,
Whereas, the Planning Commission held a subsequent public hearing on May
14, 2013, considered public testimony and materials in the staff report and
accompanying documents, which hearing did not require an additional public notice
pursuant to Riverside County Ordinance No. 348, Section 1.11; and,
Whereas, at the May 14, 2013 Planning Commission public hearing, the
Commission continued the project to June 11, 2013; and,
Whereas, the Planning Commission held a subsequent public hearing on June
11, 2013, considered public testimony and materials in the staff report and
accompanying documents, which hearing did not require an additional public notice
pursuant to Riverside County Ordinance No. 348, Section 1.11; and,
Whereas, at the June 11, 2013 Planning Commission public hearing, the
Planning Commission approved a motion to deny Plot Plan No. 2012-178; and,
Whereas, on June 14, 2013, an appeal of the Planning Commission's denial of
Plot Plan No. 2012-178 was filed by the applicant's representative, Johnson & Sedlack
Attorneys at Law and also requested that the appeal hearing before the City Council be
postponed until July 16, 2013 because the property owners would be out of town; and,
Whereas, on July 16, 2013, the City Council held a duly noticed public hearing
on Plot Plan No. 2012-178, considered all public testimony as well as all materials in the
staff report and accompanying documents for Plot Plan No. 2012-178 and Variance No.
2012-184 which hearing was publicly noticed by a publication in a newspaper of general
circulation, an agenda posting, and notice to property owners within 1,000 feet of the
Project boundaries, and to persons requesting public notice; and,
Resolution No. 13-134
Summit Equipment Rentals
August 13, 2013
Whereas, at the July 16, 2013 City Council public hearing, the City Council
remanded the project back to the Planning Commission for further consideration; and,
Whereas, on August 13, 2013 the Planning Commission held a public hearing on
Plot Plan No. 2012-178 and Variance No. 2012-184, considered public testimony and
materials in the staff report and accompanying documents, which hearing was publicly
noticed by a publication in a newspaper of general circulation, an agenda posting, and
notice to property owners within 1,000 feet of the project site boundaries; and,
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
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 City of Menifee is currently processing its own General Plan. Pursuant to
California Government Code Section 65360, a city is not subject to the
requirement that a general plan be adopted or the requirements of state law that
its decisions be consistent with the general plan if specific requirements are met.
The City of Menifee's General Plan has not yet been adopted; however, the City
has been processing the document in a timely manner and has received
extensions from the Office of Planning and Research. Although, the City's
General Plan has not yet been adopted, the City adopted the policies set forth in
the Riverside County General Plan upon incorporation as guiding policies for
land use until the City's proposed General Plan is completed. It is anticipated
that policies currently contained in the County's General Plan will be included in
the City's proposed General Plan, particularly in regard to ensuring that
development provides the necessary infrastructure to serve proposed land uses.
The proposed use conforms to all of the requirements of the General Plan and all
applicable requirements of State law, the ordinances of Riverside County as
adopted by the City of Menifee and any new ordinances adopted by the City. The
project site is designated Light Industrial (LI) on the Sun City/Menifee Valley Area
Plan. The proposed use, equipment rentals, storage yard and office, is a
permitted use in the Light Industrial (LI) designation. The project site is
surrounded by properties which are designated Light Industrial (LI) to the north,
south, east and west.
The project is consistent with General Plan Land Use Policy LU 24.8, which
requires that industrial development be designed to consider their surroundings
and visually enhance, not degrade, the character of the surrounding area. (Al 3).
The project proposes high quality attractive industrial buildings and the site is
heavily landscaped. The project will enhance the surrounding area.
The proposed general plan land use is Economic Development Corridor pursuant
to the City of Menifee Draft Land Use Map approved by the City Council in March
2012. The intent of the land use is to designate areas where a mixture of
residential, commercial, office, industrial, entertainment, educational and/or
recreational uses, or other uses are planned. In general, areas designated as
EDC are envisioned to develop primarily as nonresidential uses with residential
Resolution No. 13-134
Summit Equipment Rentals
August 13, 2013
uses playing a supporting role. In this particular area, industrial uses or job
creators are anticipated. The project is to entitle an existing industrial use. The
project is surrounded to the north, south and west by other properties designated
for EDC. Some of the properties contain existing industrial uses. The project will
contribute to the intent of the EDC by providing an industrial land use. The
project enhances the site over and above what exists and helps to diminish blight
in the area, making the project vicinity a more attractive location for new uses.
Therefore, 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 an industrial project consistent with the
Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore,
the project will not conflict with the provisions of the adopted HCP, Natural
Conservation Community Plan, or other approved local, regional, or state
conservation plan and the impact is considered less than significant.
2. Consistency with the Zoning Code.
The proposed zoning for the subject site is Industrial Park (I-P). The proposed
use, equipment rentals, storage yard and office, is a permitted use, in the
Industrial Park (I-P) zone. The proposed use, equipment rentals, storage yard
and office, is consistent with the development standards set forth in the Industrial
Park (I-P) zone with approval of a variance to Ordinance No. 348, Article X (I-P
Zone), Section 10.4, c.
Ordinance No. 348, Article X (I-P Zone), Section 10.4, c. requires that 15% of the
project site be landscaped and automatic irrigation installed; however, on 12.8%
of this project site has been landscaped and a variance to this development
standard is required. Ordinance No. 348, Section 18.27 (a) states the basis for a
variance. Variances from the terms of Ordinance No. 348 may be granted when,
because of special circumstances applicable to a parcel of property, including
size, shape, topography, location or surroundings, the strict application of this
ordinance deprives such property of privileges enjoyed by other property in the
vicinity that is under the same zoning classification. Variances shall be limited to
modification of property development standards. The project site is for an
equipment storage yard with offices. The project provides five feet of
landscaping around the entire perimeter of the site and 20 feet on the street
frontage. The landscaping plan has been designed to provide adequate
screening of the site. Due to the outdoor storage use, drive aisle requirements
and parking requirements, the site is constrained and the additional 2.2% of
landscaping could not be accommodated within the site. The approval of the
Resolution No. 13-134
Summit Equipment Rentals
August 13, 2013
variance application will not impair the integrity and character of the zoned district
or be detrimental to the public health, safety, morals or welfare.
The project site is surrounded by properties which are zoned Industrial Park (I-P)
to the north, south, east and west.
3. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or injurious
to or incompatible with other properties or land uses in the project vicinity.
The public's health, safety, and general welfare are protected through project
design. The proposed project is compatible with the present and future logical
development of the area. The plan considers the location and need for
dedication and improvement of necessary streets and sidewalks, including the
avoidance of traffic congestion and takes into account topographical and
drainage conditions, including the need for dedication and improvements of
necessary structures as a part thereof. The proposed project is compatible with
the surrounding land uses, general plan land use designations and zoning
classifications. The project improves the site with a new building, enhancements
to the existing building, attractive wrought iron fencing, and substantial
landscaping which will enhance the area. Therefore, the project is not
anticipated to create conditions materially detrimental to the public health, safety
and general welfare or injurious to or incompatible with other properties or land
uses in the project vicinity.
4. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
The project is to re -entitle the previously approved Plot Plan No. 2009-108 and
Variance No. 2010-166 for Summit Equipment Rentals. No changes have been
made to the project since the original approval. The new plot plan and variance
are identical to the previous plot plan and variance applications. All impacts
related to the plot plan and variance were analyzed in an Environmental
Assessment 41925, which was adopted by the Planning Commission as part of
the approval of Plot Plan No. 2009-108 and Variance No. 2010-166 on January
25, 2011. No further environmental review is required.
Now, therefore, the Planning Commission of the City of Menifee further resolves
and orders as follows:
1. The Findings set out above are true and correct.
2. Plot Plan No. 2012-178 for Summit Equipment Rentals is approved subject to the
Conditions of Approval and Mitigation Monitoring Plan as set forth in Exhibit " T' to
this Resolution and as approved by the Planning Commission on April 9, 2013.
PASSED, APPROVED AND ADOPTED THIS 13`h DAY OF AUGUST 2013.
Resolution No. 13-134
Summit Equipment Rentals
August 13, 2013
r
of Menifee Planning ¢ammission Chair
ATTEST:
ennif r Allen, Planning Commission Secretary
Approved as to form:
=j7M MIND*
Scott A. Mann
Mayor
Wallace W. Edgerton
Deputy Mayor
John V. Denver
Counciimember
Thomas Fuhrman
Counciimember
Greg August
Counciimember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.6793843
w .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. PC13-134 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
13'" day of August, 2013 by the following vote:
Ayes:
Liesemeyer, Matelko, Phillips, Sobek, Thomas
Noes:
None
Absent:
None
Abstain:
None
Jennifef Allen, Planning Commission Secretary
EXHIBIT 96
1"
Preamble
All Conditions of Approval listed herein shall be completed to the satisfaction of the City
of Menifee prior to commencing any activity approved or occupation of any structure
approved under this approval granted by the City of Menifee. The City may, however, at
its sole discretion, enter into a Development Agreement with any applicant/property
owner to fulfill any required Condition of Approval or other requirements of the City of
Menifee applicable to granting any land use or development approval. Any such
Development Agreement shall conform to the requirements and provisions of the City of
Menifee Municipal Code Chapter 9.75 "Development Agreements" in full.
_Conditions of Approval for Plot Plan No. 2012-178
Summit Equipment Rental
Equipment Sales, Rental and Storage
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
Conditions of Approval for Plot Plan No. 2012-178 1 of 41
Section I:
Conditions Applicable to all
Departments
Conditions of Approval for Plot Plan No. 2012-178 2 of 41
General Conditions
1. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. 2012-178 shall be henceforth defined as
follows:
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2012-178, dated
September 24, 2010.
APPROVED EXHIBIT B = Elevations for Plot Plan No. 2012-178, dated
September 24, 2010.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2012-178, dated
September 24, 2010
APPROVED EXHIBIT L = Conceptual Landscaping and Fencing Plans for Plot
Plan No. 2012-178, dated September 24, 2010.
2. Project Description Plot Plan No. 2012-178. The use hereby permitted is an
equipment sales, rental, and storage facility. The project is to be constructed in
two phases.
In the first phase, the existing 2,400 sq. ft. metal building will be used as a
garage and equipment will be serviced within the structure. The metal building
will be enhanced with fagade improvements, including a foam stucco covering.
The existing 384 sq. ft. modular trailer will be used for offices. There is a
portable restroom within the trailer. Tubular steel fencing will be provided on the
front and rear property lines. All perimeter landscaping shall be installed in
Phase 1. The project will be required to extend sewer lines to the property and
connect to sewer concurrent with the timing for road improvements to avoid
tearing up required road improvements on Bailey Park Blvd and Ciccotti Road.
All road improvements shall be installed under Phase I.
The second phase will include the construction of a two (2) story office building
(1" Floor: 2,508 sq. ft. and 2"' Floor: 1,710 sq. ft.), the removal of the modular
trailer, and addition of tubular steel fencing to the north and south property lines.
Substantial construction on Phase 2 must be completed within three years of
approval of Plot Plan 2012-178, with the possibility of two (2), one (1) year
extensions (See Expiration Condition for more information).
Project Information and Location: 2.41 Gross Acres-APN(s): 384-180-027 —
Location: Northerly of Keller Road, southerly of Scott Road, easterly of Bailey
Park Boulevard, and westerly of Interstate 215
3. Indemnification. The developer/applicant shall indemnify, protect, defend, and
hold harmless, the City and County and any agency or instrumentality thereof,
and/or any of its officers, employees and agents (collectively the "City and
County") from any and all claims, actions, demands, and liabilities arising or
alleged to arise as the result of the applicant's performance or failure to perform
under this Plot Plan or the City's and County's approval thereof, or from any
proceedings against or brought against the City or County, or any agency or
Conditions of Approval for Plot Plan No. 2012-178 3 of 41
instrumentality thereof, or any of their officers, employees and agents, to attack,
set aside, void, annul, or seek monetary damages resulting from an action by the
City or County, or any agency or instrumentality thereof, advisory agency, appeal
board or legislative body including actions approved by the voters of the City,
concerning Environmental Assessment No. 41925 and Plot Plan No. 2012-178
(County Case No. 23363 and previous City Case No. 2009-108).
4. 90 Days to Protest. The project developer has 90 days from the date of
approval of these conditions to protest, in accordance with the procedures set
forth in Government Code Section 66020, the imposition of any and all fees,
dedications, reservations and/or other exactions imposed on this project as a
result of this approval or conditional approval of this project.
5. Newly Incorporated City. The City of Menifee is a new City incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. In
the future the City of Menifee will identify and put in place various processing
fees to cover the reasonable cost of the services provided. The City may identify
and fund mitigation measures under CEQA through development impact fees.
Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services, and
development impact fees to mitigate the impact of the development proposed on
public improvements. To the extent that Menifee may develop future financing
districts to cover the costs of maintenance of improvements constructed by
development, Developer agrees to petition for formation of, annexation to or
inclusion in any such financing district and to pay the cost of such formation,
annexation or inclusion.
The developer acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
6. Mitigation Monitoring and Reporting Plan. The developer shall comply with
the mitigation monitoring and reporting plan ("MMRP") which is attached and
incorporated as part of these conditions of approval.
7. Causes for Revocation. In the event the use hereby permitted under this permit,
a) is found to be in violation of the terms and conditions of this permit, b) is found
to have been obtained by fraud or perjured testimony, or c) is found to be
detrimental to the public health, safety or general welfare, or is a public nuisance,
this permit shall be subject to the revocation procedures.
8. Business License. Every person conducting a business within the City of
Menifee, as defined in Menifee Municipal Code, Chapter 5.01, shall obtain a
business license. For more information regarding business registration, contact
the City Clerk.
9. Expiration. The proposed project is an existing use and the improvements to
the site have been conditioned to be completed within certain timelines.
Therefore, the improvements contemplated by this approval shall be under
Conditions of Approval for Plot Plan No. 2012-178 4 of 41
substantial construction and thereafter diligently pursued to completion, within
the time frames specified in the conditions of approval; otherwise, the plot plan
shall become null and void and of no effect whatsoever. Phase 2 improvements
must be substantially completed within three (3) years, otherwise, the plot plan
shall become null and void and of no effect whatsoever. Prior to the expiration of
the three year period for construction of the Phase 2 improvements, the
permittee may request up to two (2), one (1) year extensions of time in which to
begin substantial construction of this permit. Should the time period established
by any of the extension of time requests lapse, or should all two 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.
Conditions of Approval for Plot Plan No. 2012-178 5 of 41
Section II:
Planning
Conditions of Approval
Conditions of Approval for Plot Plan No. 2012-178 6 of 41
General Conditions Applicable to All Phases
1. Comply with Ordinances. The development of these premises shall comply
with the standards of Riverside County Ordinance No. 348 (hereinafter
Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal
Code and all other applicable ordinances and State and Federal codes and
regulations.
The development of the premises shall conform substantially with that as shown
on APPROVED EXHIBIT A, unless otherwise amended by these conditions of
approval.
2. Outside Lighting. Any outside lighting shall be hooded and directed so as not to
shine directly upon adjoining property or public rights -of -way.
3. Dark Sky Ordinance. All street lights and other outdoor lighting shall be shown
on electrical plans submitted to the Department of Building and Safety and the
Planning Department for plan check approval and shall comply with the
requirements of Menifee Municipal Code Chapter 6.01, the "Dark Sky
Ordinance", and the General Plan.
4. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT B.
5. Land Division Required. Prior to the sale of any individual structure as shown
on APPROVED EXHIBIT A, a land division shall be recorded in accordance with
Riverside County Ordinance No. 460 (hereinafter Ordinance No. 460), and any
other pertinent ordinance.
6. Parking. Parking for this project was determined primarily on the basis of
Ordinance No. 348, Section 18.12. a.(2).b),
Building
Sq. ft.
Parking Ratio
Parking
Required
Building 1
2,400
1 space/2,000
2
Maintenance
sq. ft.
Building 2
Office:
1 space/200 sq.
12
Office and
2,170
ft. of office
Warehouse
Warehouse:
and
800
1 space/2,000
sq. ft. of
warehouse
Building 3
384
1 space/200 sq.
3
Office
ft
A minimum of 20 parking spaces shall be provided as shown on the APPROVED
EXHIBIT A (17 required, but 20 provided), unless otherwise approved by the
Planning Department. The parking area shall be surfaced with asphaltic
Conditions of Approval for Plot Plan No. 2012-178 7 of 41
concrete, concrete, or porous paving, to current standards as approved by the
Department of Building and Safety.
A minimum of one (1) accessible parking space for persons with disabilities shall
be provided consistent with ADA requirements and as approved by the City
Engineering Department. The location of ADA parking and paths of travel will be
finalized on the final site plan of the proposed project. Each parking space
reserved for persons with disabilities shall be identified by a permanently affixed
reflectorized sign constructed of porcelain on steel, beaded text or equal,
displaying the International Symbol of Accessibility. The sign shall not be smaller
than 70 square inches in area and shall be centered at the interior end of the
parking space at a minimum height of 80 inches from the bottom of the sign to
the parking space finished grade, or centered at a minimum height of 36 inches
from the parking space finished grade, ground, or sidewalk. A sign shall also be
posted in a conspicuous place, at each entrance to the off-street parking facility,
not less than 17 inches by 22 inches, clearly and conspicuously stating the
following:
"Unauthorized vehicles not displaying distinguishing placards or license plates
issued for physically handicapped persons may be towed away at owner's
expense. Towed vehicles may be reclaimed at or by telephoning _"
In addition to the above requirements, the surface of each parking space shall
have a surface identification sign duplicating the symbol of accessibility in blue
paint of at least 3 square feet in size.
Bicycle Racks:
One (1) Bicycle rack with a minimum of 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.
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.
8. No Signs. No signs, including
pursuant to this project apprc
advertising or directional sign:
approved by the Planning Depa
18.30 (Planning Department rev
commercial signage is prohibited
temporary and/or banner signs, are approved
val. Prior to the installation of any on -site
a signing plan shall be submitted to and
tment pursuant to the requirements of Section
ew only) of Ordinance No. 348. All temporary
pursuant to Ordinance No. 806.
Reclaimed Water. The permit holder shall install purple pipes and connect to a
reclaimed water supply for landscape watering purposes when secondary or
reclaimed water is made available to the site.
10. No Permanent Occupancy. No permanent occupancy shall be permitted within
the property approved under this plot plan as a principal place of residence. No
Conditions of Approval for Plot Plan No. 2012-178 8 of 41
person shall be entitled to vote using an address within the premises as a place
of residence.
11. 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 65 db(A), 10-minute Leq, between the hours of 10:00 p.m. to 7:00
a.m., and 75 db(A), 10-minute Leq, at all other times as measured at any
residential, hospital, school, library, nursing home or other similar noise sensitive
land use. In the event noise exceeds this standard, the permittee or the
permittee's successor -in -interest shall take the necessary steps to remedy the
situation, which may include discontinued operation of the facilities.
12. Hours of Construction. Construction activities shall not occur between the
hours of 6:00 pm and 6:30am (June through September) and 6:00 pm and
7:OOam (October through May) consistent with Riverside County Ordinance No.
847 and Menifee Municipal Code as adopted by the County of Riverside or
subsequent City Ordinance.
13.Outdoor Storage. Outdoor storage is allowed in the locations shown on
APPROVED EXHIBIT A. No storage lockers (over 120 sq. ft.), sheds (over 120
sq. ft), metal container bins or metal shipping containers will be allowed to be
kept onsite without Planning Department approval. Outside storage shall be
screened with fencing or landscaping. Equipment, such as boom lifts, shall not
be lifted so as to extend beyond fencing and/or landscaping. Landscaping shall
be maintained adjacent to the exterior boundaries of the area so that materials
stored are screened from view throughout the life of the permit.
ARCHEOLOGY
14. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin. Further,
pursuant to Public Resource Code Section 5097.98(b) remains shall be left in
place and free from disturbance until a final decision as to the treatment and
disposition has been made. If the Riverside County Coroner determines the
remains to be Native American, the Native American Heritage Commission shall
be contacted within 24 hours. Subsequently, the Native American Heritage
Commission shall identify the "most likely descendant" Within 48 hours. The
most likely descendant shall then make recommendations and engage in
consultation concerning the treatment of the remains as provided in Public
Resources Code Section 5097.98.
15. Inadvertent Archeological Find. If during ground disturbance activities, unique
cultural resources are discovered that were not assessed by the archaeological
report(s) and/or environmental assessment conducted prior to project approval,
the following procedures shall be followed. Unique cultural resources are defined,
for this condition, as being multiple artifacts in close association with each other,
but may include fewer artifacts if the area of the find is determined to be of
significance due to its sacred or cultural importance in consultation with the
Pechanga Band of Luiseno Mission Indians.
Conditions of Approval for Plot Plan No. 2012-178 9 of 41
1) All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the developer, the
archaeologist, the Native American tribal representative and the Planning
Director to discuss the significance of the find.
2) At the meeting, the significance of the discoveries shall be discussed and
after consultation with the Native American tribal representative and the
archaeologist, a decision shall be made, with the concurrence of the Planning
Director, as to the appropriate mitigation (documentation, recovery, avoidance,
etc.) for the cultural resources.
3) Grading of further ground disturbance shall not resume within the area of the
discovery until an agreement has been reached by all parties as to the
appropriate mitigation.
LANDSCAPING
16. 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).
17. Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition throughout the life of this plot plan. To
ensure that this occurs, the Planning Department shall require inspections prior
to final inspection and at six month and twelve month intervals.
18. Maintenance of Parks and Landscaping. All parks, landscaping, and similar
improvements not properly maintained by a property owners association or
individual property owners must be annexed into a Lighting and Landscape
District, or other mechanism as determined by the City of Menifee.
FEES:
19. Processing Fees for Subsequent Submittals. Any subsequent submittals
required by these conditions of approval, including but not limited to grading plan,
building plan, elevations, or mitigation monitoring review, shall be reviewed on an
hourly basis (research fee), or other such review fee as may be in effect at the
time of submittal, as required by Riverside County Ordinance No. 671
(hereinafter Ordinance No. 671) adopted by the City or a subsequent ordinance.
Each submittal shall be accompanied with a letter clearly indicating which
condition or conditions the submittal is intended to comply with.
Prior To A Certain Date (Phase 1):
20. Within 5 Months of Project Approval - Landscaping Plan. Within five (5)
months of project approval or prior to issuance of a building permit, whichever
occurs first, the developer shall submit three (3) sets of Final Landscaping and
Irrigation Plans to the Planning Department for review and approval. Said plan
shall be submitted to the Department in the form of a plot plan application
Conditions of Approval for Plot Plan No. 2012-178 10 of 41
pursuant to Ordinance No. 348, Section
California Environmental Quality Act
governmental agency other than the
current fee.
18.30.a.(1) (Plot Plans not subject to the
and not subject to review by any
Planning Department), along with the
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). 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 Engineering Department only.
Slope Landscaping plans for slopes exceeding 3 feet in height shall be submitted
to the Engineering Department.
NOTES: The Landscape plot plan may include the requirements of any other
minor plot plan required by the subdivision conditions of approval. However,
minor plot plan conditions of approval shall be cleared individually.
The irrigation plan shall be in compliance with Section 18.12 of Ordinance No.
348, and include a rain shut-off device which is capable of shutting down the
entire system. In addition, the plan will incorporate the use of in -line check
valves, or sprinkler heads containing check valves to prohibit low head drainage.
If the above mentioned landscaping plans do not include shading and parking
landscaping, prior to issuance of building permits, three (3) copies of a Shading,
Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by
the Planning Department. The location, number, genus, species, and container
size of plants shall be shown. Plans shall meet all applicable requirements of
Menifee Municipal Code Chapter 15.04 (as adopted and any amendments
thereto), the Riverside County Guide to California Friendly Landscaping, Eastern
Municipal Water District requirements and Ordinance No. 348, Sections 18.12,
and 19.300 through 19.304 and as specified herein. The irrigation plan shall
include a smart controller capable of adjusting watering schedule based on
weather data. In addition, the plan will incorporate the use of in -line check valves,
or sprinkler heads containing check valves to prohibit low head drainage.
A six inch high curb with a twelve (12) inch wide walkway shall be constructed
along planters on end stalls adjacent to automobile parking areas. Public parking
areas shall be designed with permanent curb, bumper, or wheel stop or similar
device so that a parked vehicle does not overhang required sidewalks, planters,
or landscaped areas.
Conditions of Approval for Plot Plan No. 2012-178 11 of 41
Note: A landscaping plan was submitted and approved — Plot Plan No.
2011-110.
21. Within 5 Months of Project Approval - Submit Building Plans. Within five (5)
months of project approval or prior to the issuance of a building permit,
whichever occurs first, the applicant shall apply with the City of Menifee Building
and Safety Department for building permits for the existing metal building within
the project site. The building plans shall be in substantial conformance with
Exhibit B.
Three (3) complete sets of plans are required and shall be designed under the
provisions of the most recently adopted edition of the California Building Codes.
Two (2) copies of the precise grading plan showing accessible parking and pats
of travel on site and from the right of way and all site features required to be
accessible to the disabled shall be submitted for plan review with the building
drawings.
Note: Building plans have been submitted and are in process.
22, Within 1 Month of Project Approval - Stephen's Kangaroo Rat Fee. Within
one (1) month of project approval or prior to the issuance of a grading permit,
whichever occurs first, the applicant shall comply with the provisions of Riverside
County Ordinance No. 663 (hereinafter Ordinance No. 663), which generally
requires the payment of the appropriate fee set forth in that ordinance. The
amount of the fee required to be paid may vary depending upon a variety of
factors, including the type of development application submitted and the
applicability of any fee reduction or exemption provisions contained in Ordinance
No. 663. Said fee shall be calculated on the approved development project which
is anticipated to be 2.41 acres (gross) in accordance with APPROVED EXHIBIT
NO. A. If the development is subsequently revised, this acreage amount may be
modified in order to reflect the revised development project acreage amount. In
the event Ordinance No. 663 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 663 be rescinded and superseded by
a subsequent City mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
Note: Applicant paid SKR fees on 3119/13 — Receipt #26876 ($1,205 paid).
23. Within 1 Month of Project Approval - Perris Union School District. Within
one (1) month of project approval or prior to issuance of a building permit,
whichever occurs first, the applicant shall pay school fees to the Perris Union
High District in accordance with California State law.
Note: Applicant paid School Fees on 2/11/13 (Receipts in File)
24. Within 1 Month of Project Approval - Menifee Union School District. Within
one (1) month of project approval or prior to issuance of a building permit,
whichever occurs first, the applicant shall pay school fees to the Perris Union
High District in accordance with California State law.
Conditions of Approval for Plot Plan No. 2012-178 12 of 41
Note: Applicant paid School Fees on 2/11113 (Receipts in File)
25. Within 1 Month of Project Approval - Landscape Inspections. Within one (1)
month of project approval or prior to issuance of building permits, whichever
occurs first, the permit holder shall open a Landscape Deposit Based Fee case
and deposit the prevailing deposit amount to cover the Six Month and One Year
Landscape Inspections. The amount of hours for the Six Month and One Year
Landscape Inspections will be determined by the Planning Department's
Landscape personnel prior to approval of the requisite Minor Plot Plan for
Planting and Irrigation.
Note: Landscape Deposit Paid on 3/19/13
26. Parking - January 1, 2014. Prior to January 1, 2014 or prior to the final
inspection/occupancy, whichever occurs first, the Phase 1 parking lot and
driveways .shall be installed in conformance with Exhibit A.
27. Road Improvements — January 1, 2014. Prior to January 1, 2014 or prior to
final inspection/occupancy, whichever occurs first, all road improvements shall be
installed.
28. Sewer and Utilities — January 1, 2014. Prior to January 1, 2014 or prior to final
inspection/occupancy, whichever occurs first,_the project will be required to
extend sewer lines and utilities to the property and connect to sewer concurrent
with the timing for road improvements to avoid tearing up required street
improvements on Bailey Park Blvd and Ciccotti Road.
29. Fencing Installation — December 1. 2013. Prior to December 1, 2013 or prior
to the final inspection/occupancy, whichever occurs first, wrought iron fencing
shall be installed along the front (west) and rear (east) property lines.
30. Elevations. — December 1, 2013. Prior to December 1, 2013 elevations of all
buildings and structures shall be in substantial conformance with the elevations
shown on APPROVED EXHIBIT B for Phase I improvements.
31. Improvement Plans — December 1, 2013. Prior to June 1, 2013 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. A copy of the improvement plans, grading plans, BMP improvement
plans and any other necessary documentation along with supporting hydrologic
and hydraulic calculations shall be submitted to the City for review. The plans
must receive City approval prior to the issuance of grading permits. All submittals
shall be date stamped by the engineer and include the appropriate plan check
fee deposit.
32. Landscape Installation - December 1, 2013. Prior to December 1, 2013 or
prior to the final inspection/occupancy, whichever occurs first, all required
landscape planting and irrigation shall have been installed in accordance with
approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code
Conditions of Approval for Plot Plan No. 2012-178 13 of 41
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.
33. Landscape Inspection - December 1, 2013. Prior to December 1, 2013 or prior
to the final inspection/occupancy, whichever occurs first, the permit holder's
landscape architect responsible for preparing the Landscaping and Irrigation
Plans shall arrange for an Installation Inspection with the Planning Department at
least fifteen (15) working days prior to final Inspection of the structure or issuance
of occupancy permit, whichever occurs first. Upon successful completion of the
Installation Inspection and compliance, both the Planning Department's
Landscape Inspector and the permit holder's landscape architect shall execute a
Certificate of Completion that shall be submitted to the Planning Department and
the Department of Building and Safety.
34. Ordinance No. 659 Fee - December 1, 2013. Prior to December 1, 2013 or
prior to the final inspection/occupancy, whichever occurs first, the applicant shall
comply with the provisions of Riverside County Ordinance No. 659 (hereinafter
Ordinance No. 659), as adopted by the City which requires the payment of the
appropriate fee set forth in the Ordinance. Ordinance No. 659 has been
established to set forth policies, regulations and fees related to the funding and
construction of facilities necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance, and it establishes the authorized uses of the fees
collected.
The amount of the fee for commercial or industrial development shall be
calculated on the basis of the "Project Area," as defined in the Ordinance, which
shall mean the net area, measured in acres, from the adjacent road right-of-way
to the limits of the project development. The Project Area for Plot Plan No. 2012-
178 has been calculated to be 2.41 net acres.
In the event Ordinance No. 659 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 659 be rescinded and superseded by
a subsequent City mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
35. Open Space Fee - December 1, 2013. Prior to December 1, 2013 or prior to the
final inspection/occupancy, whichever occurs first, the applicant shall comply with
the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No.
810), which requires the payment of the appropriate fee set forth in the
Ordinance.
The amount of the fee will be based on the "Project Area" as defined in the
Ordinance and the aforementioned Condition of Approval.
The Project Area for Plot Plan No. 2012-178 is calculated to be 2.41 net acres.
Conditions of Approval for Plot Plan No. 2012-178 14 of 41
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.
36. All Phase I Improvements — June 2014. Prior to June 1, 2014 or prior to final
inspection/occupancy, whichever occurs first, all Phase I improvements not
specifically listed above and as shown on Approved Exhibit A, B and C shall
have been installed.
Prior to Issuance of Grading Permit (Phases 1 and 2)
37, Fugitive Dust Control. The project developer shall implement fugitive dust
control measures in accordance with Southern California Air Quality
Management District (SCAQMD) Rule 403. The project developer shall include
in construction contracts the control measures required under Rule 403 at the
time of development, including the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius) must
be swept (preferably with water weepers) and watered at least twice daily. Site
wetting must occur often enough to maintain a 10 percent surface soil moisture
content throughout all earth moving activities. All unpaved demolition and
construction areas shall be wetted at least twice daily during excavation and
construction, and temporary dust covers shall be used to reduce dust emissions
and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as
much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least three
times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible dirt
deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at
least twice daily;
g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wined breaks at the windward sides of construction areas;
Conditions of Approval for Plot Plan No. 2012-178 15 of 41
k. Operations on any unpaved surfaces must be suspended when winds exceed
25 mph;
I. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent
excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-quarter
(12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate means to
prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all
trucks and equipment leaving the site;
r. All materials transported off -site shall be either sufficiently watered or securely
covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction site
that identifies the permitted construction hours and provides a telephone number
to call and receive information about the construction project or to report
complaints regarding excessive fugitive dust generation. Any reasonable
complaints shall be rectified within 24 hours of their receipt.
38. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Planning Director demonstrating compliance with those conditions of
approval and mitigation measures of this Plot Plan and EIR which must be
satisfied prior to the issuance of a grading permit. The Planning Director may
require inspection or other monitoring to ensure such compliance.
PALEONTOLOGY
39. Paleontologist Required. This site is mapped in the County's General Plan as
having a high potential for paleontological resources (fossils). Proposed project
site grading/earthmoving activities could potentially impact this resource. Hence:
Prior to issuance of grading permits:
Prior to the issuance of a grading permit for each phase, the Community
Development Department shall determine whether grading depths exceed four
feet in depth. If proposed depths exceed four feet then the applicant shall
retain a City -approved paleontologist to develop a paleontological mitigation
Conditions of Approval for Plot Plan No. 2012-178 16 of 41
monitoring plan and to supervise paleontological monitoring within the affected
areas. If a paleontological resource is found and determined to be a potentially
significant resource, the preparation and implementation of a Phase III Data
Recovery Program shall be performed, including the disposition of recovered
artifacts.
1.The applicant shall retain a qualified paleontologist approved by the County of
Riverside to create and implement a project -specific plan for monitoring site
grading/earthmoving activities (project paleontologist).
2.The project paleontologist retained shall review the approved development plan
and shall conduct any pre -construction work necessary to render appropriate
monitoring and mitigation requirements as appropriate. These requirements shall
be documented by the project paleontologist in a Paleontological Resource
Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the
County Geologist for review and approval prior to issuance of a Grading Permit.
Information to be contained in the PRIMP, at a minimum and in addition to other
industry standard and Society of Vertebrate Paleontology standards, are as
follows:
A. The project paleontologist shall participate in a pre -construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction, as
applicable.
B. Paleontological monitoring of earthmoving activities will be conducted on an
as -needed basis by the project paleontologist during all earthmoving activities
that may expose sensitive strata. Earthmoving activities in areas of the project
area where previously undisturbed strata will be buried but not otherwise
disturbed will not be monitored. The project paleontologist or his/her assign will
have the authority to reduce monitoring once he/she determines the probability of
encountering fossils has dropped below an acceptable level.
C.If the project paleontologist finds fossil remains, earthmoving activities will be
diverted temporarily around the fossil site until the remains have been evaluated
and recovered. Earthmoving will be allowed to proceed through the site when the
project paleontologist determines the fossils have been recovered and/or the site
mitigated to the extent necessary.
D. If fossil remains are encountered by earthmoving activities when the project
paleontologist is not onsite, these activities will be diverted around the fossil site
and the project paleontologist called to the site immediately to recover the
remains.
E. If fossil remains are found, fossiliferous rock will be recovered from the fossil
site and processed to allow for the recovery of smaller fossil remains. Test
samples may be recovered from other sampling sites in the rock unit if
appropriate.
F. Any recovered fossil remains will be prepared to the point of identification and
Conditions of Approval for Plot Plan No. 2012-178 17 of 41
identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled with
museum* repository fossil specimen numbers and corresponding fossil site
numbers, as appropriate; places in specimen trays and, if necessary, vials with
completed specimen data cards) and catalogued, an associated specimen data
and corresponding geologic and geographic site data will be archived (specimen
and site numbers and corresponding data entered into appropriate museum
repository catalogs and computerized data bases) at the museum repository by a
laboratory technician. The remains will then be accessioned into the museum*
repository fossil collection, where they will be permanently stored, maintained,
and, along with associated specimen and site data, made available for future
study by qualified scientific investigators. * The County of Riverside must be
consulted on the repository/museum to receive the fossil material prior to being
curated.
G.A qualified paleontologist shall prepare a report of findings made during all site
grading activity with an appended itemized list of fossil specimens recovered
during grading (if any). This report shall be submitted to the County Geologist for
review and approval prior to building final inspection as described elsewhere in
this conditions set.
All reports shall be signed by the project paleontologist and all other
professionals responsible for the report's content (eg. Professional Geologist,
Professional Engineer, etc.), as appropriate. Two wet -signed original copies of
the report shall be submitted directly to the office of the County Geologist along
with a copy of this condition and the grading plan for appropriate case processing
and tracking. These documents should not be submitted to the project Planner,
the Plan Check staff, the Land Use Counter or any other County office.
FEES
40. Processing Fees. Prior to issuance of grading permits, the Planning Department
shall determine if the deposit based fees for Plot Plan No. 2012-178 are in a
negative balance. If so, any outstanding fees shall be paid by the
applicant/developer.
Prior to Issuance of Building Permit (Phase 2)
41. Submit Building Plans. Prior to the issuance of a building permit, whichever
occurs first, the applicant shall apply with the City of Menifee Building and Safety
Department for building permits for the existing metal building within the project
site. The building plans shall be in substantial conformance with Exhibit B.
Three (3) complete sets of plans are required and shall be designed under the
provisions of the most recently adopted edition of the California Building Codes.
Two (2) copies of the precise grading plan showing accessible parking and pats
of travel on site and from the right of way and all site features required to be
accessible to the disabled shall be submitted for plan review with the building
drawings.
Conditions of Approval for Plot Plan No. 2012-178 18 of 41
42. 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.
43. Roof Mounted Equipment Plans. Roof -mounted equipment shall be shielded
from ground view. 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.
44. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
45. Waste Management Clearance. A clearance letter from Riverside County
Waste Management District shall be provided to the Planning Department
verifying compliance with the conditions contained in their letter dated May 6,
2008, which requires submittal of a Waste Recycling Plan (WRP) to the Waste
Management Department for approval.
46. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this plot plan and EA 41925
which must be satisfied prior to the issuance of a building permit.
The Community Development Director may require inspection or other
monitoring to ensure such compliance.
FEES:
47. Fees. Prior to issuance of building permits, the Planning Department shall
determine if the deposit based fees for project are in a negative balance. If so,
any outstanding fees shall be paid by the applicant/developer.
48. Perris Union School District. Impacts to the Perris Union High School District
shall be mitigated in accordance with California State law.
49. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
Prior to Final Inspection
50. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on APPROVED EXHIBIT B.
51. 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.
Conditions of Approval for Plot Plan No. 2012-178 19 of 41
52. Trash Enclosures. Two (2) trash enclosures which are 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 for each
phase/building. The trash enclosures shall be architecturally enhanced. The
enclosures shall be a minimum of six (6) feet in height and shall be made with
masonry block and a solid gate which screens the bins from external view. Two
(2) recycling areas and two (2) trash compactors shall be located behind the
proposed major retailer. Additional enclosed area for collection of recyclable
materials shall be located within, near or adjacent to each trash and rubbish
disposal area. The recycling collection area shall be a minimum of fifty percent
(50%) of the area provided for the trash/rubbish enclosures or as approved by
the City. All recycling bins shall be labeled with the universal recycling symbol
and with signage indicating to the users the type of material to be deposited in
each bin.
53. Waste Management Clearance. Prior to issuance of an occupancy permit, the
applicant shall provide a clearance letter from Riverside County Waste
Management verifying compliance with the approved WRP.
54. Fencing. Wrought iron or tubular steel fencing shall be installed along the side
property lines (north and south) prior to final inspection/occupancy.
55. Building 3/Modular Office
Building 3 (existing modular) shall be removed prior to occupancy of Building 2
(office building).
56. Condition Compliance. The Planning Department shall verify that the
Development Standards of this approval and all other preceding conditions have
been complied with prior to any use allowed by this permit.
57. Mitigation Monitoring. The permit holder shall prepare and submit a written
report to the Planning Department demonstrating compliance with all remaining
conditions of approval and mitigation measures of this permit and EA 41925. The
Community Development Director may require inspection or other monitoring to
ensure such compliance.
PALEONTOLOGICAL
58. Paleontological Monitoring Report. Prior to final inspection, if grading depths
exceeded four feet (see Condition No. 34), the applicant shall submit to the
Planning Department, two (2) copies of the Paleontology Monitoring Report. The
report shall be certified by a professional paleontologist listed Riverside County's
Paleontology Consultant List.
LANDSCAPING
59. Landscape Inspection. The permit holder's landscape architect responsible for
preparing the Landscaping and Irrigation Plans shall arrange for an Installation
Inspection with the Planning Department at least fifteen (15) working days prior
to final Inspection of the structure or issuance of occupancy permit, whichever
occurs first. Upon successful completion of the Installation Inspection and
Conditions of Approval for Plot Plan No. 2012-178 20 of 41
compliance, both the Planning Department's Landscape Inspector and the permit
holder's landscape architect shall execute a Certificate of Completion that shall
be submitted to the Planning Department and the Department of Building and
Safety.
60. Landscape Installation. All required landscape planting and irrigation shall have
been installed in accordance with approved Landscaping, Irrigation, and Shading
Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments
thereto), Eastern Municipal Water District requirements and the Riverside County
Guide to California Landscaping. All landscape and irrigation components shall
be in a condition acceptable to the Planning Department. The plants shall be
healthy and free of weeds, disease or pests. The irrigation system shall be
properly constructed and determined to be in good working order.
FEES
61.Ordinance No. 659 Fee. Prior to the issuance of either a certificate of
occupancy or prior to building permit final inspection, the applicant shall comply
with the provisions of Riverside County Ordinance No. 659 (hereinafter
Ordinance No. 659), as adopted by the City which requires the payment of the
appropriate fee set forth in the Ordinance. Ordinance No. 659 has been
established to set forth policies, regulations and fees related to the funding and
construction of facilities necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance, and it establishes the authorized uses of the fees
collected.
The amount of the fee for commercial or industrial development shall be
calculated on the basis of the "Project Area," as defined in the Ordinance, which
shall mean the net area, measured in acres, from the adjacent road right-of-way
to the limits of the project development. The Project Area for Plot Plan No. 2012-
178 has been calculated to be 2.41 net acres.
In the event Ordinance No. 659 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 659 be rescinded and superseded by
a subsequent City mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
62. Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon
building permit final inspection prior to use or occupancy for cases without final
inspection or certificate of occupancy (such as an SMP), whichever comes first,
the applicant shall comply with the provisions of Riverside County Ordinance No.
810 (hereinafter Ordinance No. 810), which requires the payment of the
appropriate fee set forth in the Ordinance.
The amount of the fee will be based on the "Project Area" as defined in the
Ordinance and the aforementioned Condition of Approval.
The Project Area for Plot Plan No. 2012-178 is calculated to be 2.41 net acres.
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
Conditions of Approval for Plot Plan No. 2012-178 21 of 41
a subsequent mitigation fee ordinance, payment of the appropriate fee set forth
in that ordinance shall be required.
63. Fees. Prior to issuance of occupancy/final inspections, the Planning Department
shall determine if the deposit based fees for project are in a negative balance. If
so, any outstanding fees shall be paid by the applicant/developer.
Conditions of Approval for Plot Plan No. 2012-178 22 of 41
Section III:
Engineering/Transportation/
Grading
Conditions of A
3roval
Conditions of Approval for Plot Plan No. 2012-178 23 of 41
64. General Grading Conditions - All grading shall conform to the latest edition of
the Uniform Building Code, City General Plan, Ordinance 457 and all other
relevant laws, rules and regulations governing grading in the City Ordinance
457 requires a grading permit prior to clearing, grubbing, or any top soil
disturbances related to construction grading notice: Operators of construction
projects are required to comply with the National Pollutant Discharge
Elimination System (NPDES) Construction Permit from the State Water
Resources Control Board (SWRCB). The Construction Permit requirement
applies to this project and the applicant may obtain compliance by
electronically submitting a Notice of Intent (NOI) and monitoring plan for the
construction site. For additional information and to obtain a copy of the NPDES
state construction permit, contact SWRCB.
65. Erosion Control - Graded but undeveloped land shall provide, in addition to
erosion control planting, any drainage facilities deemed necessary to control or
prevent erosion. Erosion and sediment control BMPs are required year round in
compliance with the State Water Resources Control Board (SWRCB) General
Construction Permit. Temporary erosion control measures shall be
implemented immediately following rough grading to prevent deposition of
debris onto downstream properties or drainage facilities. Plans showing these
measures shall be submitted to the City for review. Landscape plans, required
for manufactured slopes greater than 3 feet in vertical height, are to be signed
by a registered landscape architect and bonded per the requirements of
Ordinance 457.
66. 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.
67. Drainage Grade - Minimum drainage grade shall be 1% except on portland
cement concrete where 0.50% shall be the minimum. Please show direction of
drainage patterns on the site with direction arrows and respective percent
gradient.
68. Slope Setbacks - Observe slope setbacks per Section 2907, figure 29-1
Section 7011, and figure 70-1 of the Uniform Building Code.
69. General Introduction - Improvements such as grading, filling, over excavation
and recompaction, and base or paving which require a grading permit are
subject to the included City Grading conditions of approval.
70. 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.
Conditions of Approval for Plot Plan No. 2012-178 24 of 41
71. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved.
72. Paving Inspections - The applicant/applicant shall be responsible for
obtaining the paving inspections required by Ordinance 457.
73. 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.
74, 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.
75. Traffic Signal Mitigation Program - The applicant shall participate in the
Traffic Signal Mitigation Program as approved by the City Council.
76. Development Access - Access to the development shall be limited to Bailey
Park Blvd by means of two commercial driveways. The southerly driveway is
permitted for ingress and egress. The northerly driveway is restricted to egress
only.
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 24 day strength of 3,250 psi.
79. Bailey Park Blvd. — Bailey Park Blvd. shall be constructed per Std. No. 111
Mod partial width (11' graded parkway with 2:1 max slopes and 6" curb and
gutter, 12' lane, 10' shoulder, 12' painted median).
80. Access. Long-term primary access will be provided via an extension of Bailey
Park Boulevard to the south and then Ciccotti Street to the west to connect to
Zeiders Road. This connection is anticipated occur with the construction of the
Commerce Pointe I and II projects (PP 22280 and PP 21452 respectively);
The City is anticipating that emergency (i.e. fire trucks, medical personal, not
project traffic) secondary access will be provided through the "Shopps at Scott"
project approved under Plot Plan 22946. If in the event that the Commerce
Pointe I or II developments are not built, the applicant shall be responsible for
Conditions of Approval for Plot Plan No. 2012-178 25 of 41
ensuring that primary and secondary access to the site is provided. This, at a
minimum, will include the construction of interim paved two-lane improvements
via an extension of Bailey Park Boulevard to the south and then Ciccotti Street
to the west to connect to Zeiders Road. The applicant will be responsible for
the acquisition of necessary easements to facilitate the construction of the
improvements at no cost to the City of Menifee. If the improvements are
constructed by the developers of Commerce Point I and II, the applicant of this
project will be required to participate in a reimbursement to be determined by
the City Engineer, but based upon the cost of the two-lane access road, not
ultimate improvements.
These road improvements shall be installed prior to issuance of occupancy on
Phase I of the project.
81. Driveways — Driveway approaches shall be constructed per Std. No. 207A.
82. Assessment Districts - Should this project lie within any assessment/benefit
district, the applicant shall, prior to issuance of a building permit, make
application for and pay for their reapportionment of the assessments or pay the
unit fees in the benefit district unless said fees are deferred to building permit.
83. Ordinances 460/461 - With respect to the conditions for tentative exhibits, the
applicants shall provide all street improvements, street improvement plans
and/or road dedications set forth herein in accordance with Ordinance 460 and
Riverside County Road Improvement Standards (Ordinance 461). It is
understood that the exhibit correctly shows acceptable centerline elevations, all
existing easements, traveled ways, and drainage courses with appropriate O's.
These Ordinances and all conditions of approval are essential parts and a
requirement occurring in one is as binding as though occurring in all. All
questions regarding the true meaning of the conditions shall be referred to the
City Engineer.
84. Dry Utility Installations - Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance
with Ordinance 460 and 461, or as approved by the Engineering Department.
This also applies to existing overhead lines which are 33.6 kilovolts or below
along the project frontage and between the nearest poles offsite in each
direction of the project site.
85. 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. The current plot plan shows a 4' asphalt path of travel
between Phase 1 and Phase 2 which will not be required when the area is
paved as listed in note 20, Applicant to stripe path of travel on the paved
surface.
86. Written Permission for Off -site. Written permission shall be obtained from
the affected property owner(s) allowing the proposed grading and/or facilities to
Conditions of Approval for Plot Plan No. 2012-178 26 of 41
be installed outside of the project boundaries. A copy of the written
authorization shall be submitted to the City for review and approval prior to
grading permit issuance or within six months of Project approval, whichever
occurs first.
87. Grading Bonds - Grading in excess of 199 cubic yards will require
performance security to be posted with the City Engineering Department.
88. 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.
89. Geotechnical/Soils Reports - Geotechnical soils reports, required in order to
obtain a grading permit, shall be submitted to the City Engineering Department
for review and approval prior to issuance of a grading permit. All grading shall
be in conformance with the recommendations of the geotechnical/soils reports
as approved by the City. The geotechnical/soils, compaction and inspection
reports will be reviewed in accordance with the Riverside County Geotechnical
Guidelines for Review of Geotechnical and Geologic Reports. A pregrading
meeting, certifications, approvals and inspection procedures will be
implemented per the City Building and Safety Grading Inspection process.
90. Offsite Grading Easements - Prior to the issuance of a grading permit, it shall
be the sole responsibility of the applicant to obtain any and all proposed or
required easements and/or permissions necessary to perform the grading
herein proposed. A notarized agreement and recorded documents shall be
submitted to the Engineering Department.
91. Plan Submittals - Three (3) copies of the improvement plans, grading plans
and any other necessary documentation along with supporting hydrologic and
hydraulic calculations shall be submitted to the City Engineering Department
for review. The plans shall receive City approval prior to issuance of grading
permits. All submittals shall be date stamped by the engineer and include the
appropriate plan check deposits. All large format plans shall be bulk folded to
8"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.
92. Offsite Drainage. Offsite drainage facilities shall be located within dedicated
drainage easements obtained from the affected property owner(s).
Document(s) shall be recorded and a copy submitted to the City prior to
issuance of grading permits or within six months of Project approval, whichever
Conditions of Approval for Plot Plan No. 2012-178 27 of 41
occurs first. If the developer cannot obtain such rights, the project shall be
redesigned to eliminate the need for the easement.
93. Site Drainage - Positive drainage of the site shall be provided, and water shall
not be allowed to pond behind or flow over any cut and fill slopes. Where water
is collected in a common area and discharged, protection of the native soils
shall be provided by planting erosion resistant vegetation, as the native soils
are susceptible to erosion by running water. Maximum inclination of all cut and
fill slopes shall be 2 horizontal to 1 vertical. Final determination of the
foundation characteristics of soils within on -site development areas shall be
performed by a geotechnical engineer. Prior to issuance of grading permits, if
bedrock is encountered as part of the geotechnical assessment, a seismic
refraction survey shall be conducted to evaluate the rippability characteristics of
the bedrock on -site indicating the approximate rippability of the bedrock
materials at various depths for grading purposes.
94. Storm Flows - The 10 year storm flow shall be contained within the curb and
the 100 year storm flow shall be contained within the street right of way. When
either of these criteria is exceeded, additional drainage facilities shall be
installed. The property shall be graded to drain to the adjacent street or an
adjacent outlet.
Drainage facilities outletting sump conditions shall be designed to convey the
tributary 100 year storm flows. Additional emergency escape shall also be
provided.
95. WQMP. In compliance with Santa Ana Region and San Diego Region Regional
Water Quality Control Board Orders, and Beginning January 1, 2005, projects
submitted within the western region of the unincorporated area of Riverside
County for discretionary approval will be required to comply with the Water
Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses
post -development water quality impacts from new development and
redevelopment projects. The WQMP requirements will vary depending on the
project's geographic location (Santa Ana, Santa Margarita or Whitewater River
watersheds). The WQMP provides detailed guidelines and templates to assist
the developer in completing the necessary studies. These documents are
available on-line at: www.floodcontrol.co.riverside.ca.us under Programs and
Services, Stormwater Quality.
To comply with the WQMP a developer must submit a "Project Specific"
WQMP. This report is intended to a) identify potential post -project pollutants
and hydrologic impacts associated with the development; b) identify proposed
mitigation measures (BMPs) for identified impacts including site design, source
control and treatment control post -development BMPs; and c) identify
sustainable funding and maintenance mechanisms for the aforementioned
BMPs. A template for this report is included as 'exhibit A' in the WQMP. A final
Project Specific WQMP must be approved by the City prior to issuance of
building or grading permits.
Conditions of Approval for Plot Plan No. 2012-178 28 of 41
Projects requiring Project Specific WQMPs are required to submit a
PRELIMINARY Project Specific WQMP along with the land -use application
package. The format of the PRELIMINARY report shall mimic the
format/template of the final report but can be less detailed. For example, points
a, b & c above must be covered, rough calculations supporting sizing must be
included, and footprint/locations for the BMPs must be identified on the
tentative exhibit. Detailed drawings will not be required. This preliminary project
specific WQMP must be approved by the City prior to issuance of
recommended conditions of approval.
The developer has submitted a report that meets the criteria for a preliminary
project specific WQMP. The report will need significant revisions to meet the
requirements of a final project specific WQMP. Also, it should be noted that if
401certification is necessary for the project, the Water Quality Control Board
may require additional water quality measures.
Prior to grading permit issuance or within eight months of Project approval,
whichever occurs first a copy of the project specific WQMP shall be submitted
to the City for review and approval. All BMP features shall be shown on the
grading plans.
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.
96. Phasing. The first phase of the development must construct all the water
quality mitigation features for the entire site. Alternatively, a WQMP feature to
serve a specific phase of a project can be constructed either
1) within the limits of the phase or
2) outside of the boundaries of the phase. In the case of the latter,
the BMP shall be constructed within an easement and this
easement shall be recorded.
It should be noted that future phases of the development will be required to
provide not only any water quality mitigation features required for that particular
development but must also account for the mitigation features located on that
particular site. All mitigation features shall comply with the current regulations
of the Regional Water Quality Board.
97. Perpetuate and Coordinate Drainage. The property's grading shall be
designed in a manner that perpetuates the existing natural drainage patterns
with respect to tributary drainage area, outlet points and outlet conditions;
otherwise, a drainage easement shall be obtained from the affected property
owners for the release of concentrated or diverted storm flows. A copy of the
recorded drainage easement shall be submitted to the City for review.
Development of this property shall be coordinated with development of
adjacent properties to ensure that watercourses remain unobstructed and
stormwaters are not diverted from one watershed to another. This may require
the construction of temporary drainage facilities or offsite construction and
Conditions of Approval for Plot Plan No. 2012-178 29 of 41
grading. A drainage easement shall be obtained from the affected property
owners for the release of concentrated or diverted storm flows. A copy of the
recorded drainage easement shall be submitted to the City for review.
98. Flood Hazard Report. Plot Plan 2012-178 (Summit Equipment Rentals) is a
proposal to develop an approximately two acre site for an equipment sales,
rental and storage facility. The site is located in the city of Menifee on the east
side of Bailey Park Boulevard south of Scott Road. The District has previously
reviewed this proposal when it was under the County's jurisdiction as Plot Plan
23363.
The project is to be developed in two phases. In the first phase, the existing
steel building and modular trailer located on the site are to remain and be
utilized as a garage and office, respectively. The only improvements proposed
are a concrete ramp to the steel building and placing gravel on the site where
equipment will be stored. In the second phase, a new office building will be
constructed and the trailer removed.
The site receives minor offsite runoff and is not subject to major flood hazard.
Improvements shall not obstruct or block offsite flows from entering the site. A
minimal amount of impervious surfaces will be the result of this development
and therefore mitigation for increased runoff shall not be required. Any grading
shall perpetuate the exiting drainage patterns of the site and all construction
shall comply with applicable ordinances.
99. Increased Runoff Study Required - A complete drainage study including, but
not limited to, hydrologic and hydraulic calculations for the proposed detention
facilities, shall be submitted to the City Engineering Department for review and
approval. Increased runoff mitigation basin criteria shall be as indicated in
condition "Increased Runoff Criteria". If the City Engineer approves an
increased runoff policy which supersedes this criterion prior to the submittal of
the complete drainage study, then the current policy shall apply.
100. NPDES Compliance — This project requires a National Pollutant Discharge
Elimination System (NPDES) Construction General Permit from the State
Water Resources Control Board. Clearance for grading shall not be given until
the district and the City Engineering Department has determined that the
project has complied with the current Regional Water Quality Control Board
requirements regarding the NPDES Construction General Permit. The
applicant shall file a Notice of Intent electronically with the EPA and provide a
copy of this document to the Engineering Department. The applicant shall
provide the City Engineering Department evidence of compliance with the
requirement to obtain a construction permit from the State Water Resource
Control Board (SWRCB). The applicant operator can comply by submitting a
"Notice of Intent" (NOI), develop and implement a Storm Water Pollution
Prevention Plan (SWPPP) and a monitoring program and reporting plan for the
construction site. For additional information and to obtain a copy of the NPDES
State Construction Permit contact the SWRCB. Additionally, at the time the City
adopts, as part of any ordinance, regulations specific to the NPDES, this
project shall comply with them.
Conditions of Approval for Plot Plan No. 2012-178 30 of 41
101. SWPPP Required - The applicant shall provide written proof of compliance
with the California Regional Water Quality Control Board, Santa Ana Region's
Watershed -wide waste discharge requirements as follows: The management
and maintenance of the project site shall be in accordance with the projects
approved Storm Water Pollution Prevention Plans (SWPPPs), Monitoring
Programs, and Post Construction Management Plans to include the following
best management practices (BMPs) to reduce storm water pollution: The
Applicant shall provide educational materials to the facility manager and
employees on good housekeeping practices which contribute to the protection
of storm water quality. These educational materials shall be provided by the
Riverside County Flood Control and Water Conservation District and shall be
distributed by the property applicant. These materials shall address good
housekeeping practices associated with the site's land use and or uses (e.g.,
good housekeeping practices for office, or industrial land use). Employers at
this site shall adapt these materials for training their employees in good
housekeeping practices (BMP N1 & N13); Only pesticide applicators who are
certified by the State of California as Qualified Applicators or who are directly
supervised by a Qualified Applicator shall apply pesticides to common area
landscaping. The applicator shall apply all pesticides in strict accordance with
pesticide application laws as stated in the California Food and Agricultural
Code. Fertilizer shall be applied to area landscaping in accordance with the
manufacturer's recommendations. Application to hardscape surfaces shall be
avoided (BMP N3); The 'catch basins', more particularly described on approved
Exhibit A shall be inspected and, if necessary, cleaned by the applicants no
later than October 15th of each year. "ONLY RAIN IN THE DRAIN' and 'NO
DUMPING' stencils shall be repainted as necessary to maintain legibility (BMP
N4 & S12); The property applicant shall keep the area free of litter. Litter
receptacles shall be emptied at least once a month. Where improper disposal
of trash has occurred, the operator shall take corrective action within forty-eight
hours of discovery (BMP N5); The 'water quality inlets, oil/water separators and
trash racks' shall be inspected and, if necessary, cleaned by the operator no
later than October 15th of each year (BMP S4 & S13). The driveways and
parking lots shall be swept by the property applicant at least once a year and
shall be swept no later than October 15th of each year (BMP N6); The property
applicant shall keep loading docks in a clean and orderly condition through a
regular program of sweeping, litter control, and the immediate cleanup of spills
and broken containers. In accordance with the Riverside County Ordinance No.
754, Establishing Storm Water/Urban Runoff Management and Discharge
Controls, illicit discharges and non -storm water discharges (e.g., wash water)
from loading docks to storm water drains shall not be allowed (BMP N12); The
property applicant shall maintain an up-to-date list identifying the party or
parties responsible for the implementation and maintenance of each of the
BMPs described herein. The list shall include the party's name, organization,
address, a phone number at which the party may be reached 24 hours a day,
and a description of the party's responsibility for implementation and
maintenance of a particular BMP (BMP N14).
102. BMP Maintenance. This project proposes BMP facilities that will require
maintenance by public agency or commercial property owner association. To
ensure that the public is not unduly burdened with future costs, prior to final
Conditions of Approval for Plot Plan No. 2012-178 31 of 41
approval or recordation of this case, the
mechanism be implemented to provide
BMPs in perpetuity. This may consist
benefiting property owners, or other m
treatment control BMPs must be show
either the street plans, grading plans
improvement plans that will show the
maintenance entity.
City will require an acceptable financial
for maintenance of treatment control
of a mechanism to assess individual
eans approved by the City. The site's
n on the project's improvement plans -
or landscaping plans. The type of
BMPs will depend on the selected
The BMP maintenance plan shall contain provisions for all treatment controlled
BMPs to be inspected, and if required, cleaned no later than October 15 each
year. Required documentation shall identify the entity that will inspect and
maintain all structural BMPs within the project boundaries. A copy of all
necessary documentation shall be submitted to the City for review and
approval prior to the issuance of occupancy permits.
Prior to Building Permit Issuance:
103. 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.
104. 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.
105. 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.
106. 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. A copy of the improvement
plans, grading plans, BMP improvement plans and any other necessary
documentation along with supporting hydrologic and hydraulic calculations
shall be submitted to the City for review. The plans must receive City approval
prior to the issuance of grading permits or within nine months of Project
Conditions of Approval for Plot Plan No. 2012-178 32 of 41
approval, whichever occurs first. All submittals shall be date stamped by the
engineer and include the appropriate plan check fee deposit.
107. Landscape in Right -of -Way. Landscaping within public road right-of-way shall
comply with Engineering Department standards and Ordinance 461 and shall
require approval by the Engineering Department. Landscaping plans shall be
designed and submitted to the Engineering Department. Landscaping plans
shall be submitted on standard City Plan sheet format (24" X 36"). Landscaping
plans shall be submitted with the street improvement plans. Line of sight lines
and restricted use areas shall be shown on the landscape plans per Std. No.
821 and 1101. Assurance of continuous maintenance is required for an
application for annexation into a Landscaping and Lighting Maintenance District
by contacting the County Transportation Department at (951) 955-6829.
108. 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.
109. 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.
110. Bailey Park Blvd. - Right-of-way shall be dedicated for an Industrial Collector
Street per Riverside County Standard No. 111 (56'/78') on Bailey Park Blvd,
along the project frontage. (An additional 9 feet will be required beyond that
established under PM 8316 (PM32/94).
Prior to Certificate of Occupancy:
111. Fees - Applicant shall pay fees as applicable into the regional transportation
funding programs for off -site improvements. The regional transportation
funding programs include the Transportation Uniform Mitigation Fee (TUMF),
the Traffic Signal Mitigation Fees, the Development Impact Fees (DIF), and the
Scott Road and Bridge Benefit District (RBBD), Zone B.
112. Landscape and Lighting Maintenance District (LLMD) - The applicant shall
submit to the City or its designee, the Transportation Department L&LMD
Administrator the following:
1. Completed Engineering Department application
2. (2)Sets of street lighting plans approved by Engineering Department.
3. Appropriate fees for annexation.
4. "Streetlight Authorization" form from SCE, IID or other electric provider.
Conditions of Approval for Plot Plan No. 2012-178 33 of 41
113. 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).
114. 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.
115. 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.
116. 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.
117. Street Lights — Installation- Install street lights along the streets associated
with the development in accordance with the standards of County Ordinances
460 and 461 and County procedures and design guidelines.
118. Streetlight Authorization. Prior to OCCUPANCY, the project proponent shall
submit to Engineering Department Permits the following:
1) "Streetlight Authorization" form approved by the L&LMD Administrator.
2) Letter establishing interim energy account from SCE, or other electric
provider
119. Install Streetlights. Install streetlights along the streets associated with
development in accordance with the approved street lighting plan and
standards of Ordinances 460 and 461.
Street light annexation into L&LMD or similar mechanism as approved by the
Engineering Department shall be completed.
It shall be the responsibility of the Developer to ensure that street lights are
energized along the streets associated with this development where the
developer is seeking Building Final Inspection (Occupancy).
120. 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.
121. Street Improvements - Prior to issuance of certificate of occupancy, project
applicant shall construct half -width road improvements including all signing and
striping on Bailey Park Blvd, with transitions to existing roadway.
Conditions of Approval for Plot Plan No. 2012-178 34 of 41
The applicant shall also construct an interim paved two-lane improvements via
an extension of Bailey Park Boulevard to the south and then Ciccotti Street to
the west to connect to Zeiders Road.
122. Sewer. Prior to Occupancy,_the project will be required to extend sewer lines
to the property and connect to sewer concurrent with the timing for road
improvements to avoid tearing up required street improvements on Bailey Park
Blvd and Ciccotti Road.
123. BMP Education. The developer shall distribute environmental awareness
education materials on general good housekeeping practices that contribute to
protection of storm water quality to all initial users. The developer may obtain
NPDES Public Educational Program materials from the District's NPDES
Section by either the District's website www.floodcontrol.co.riverside.ca.us, e-
mail fcnpdes@co.riverside.ca.us, or the toll free number 1-800-506-2555.
Please provide Project number, number of units and location of development.
Note that there is a five-day minimum processing period requested for all
orders.
The developer must provide to the City's PLAN CHECK Department a
notarized affidavit stating that the distribution of educational materials to the
tenants is assured prior to the issuance of occupancy permits or within twelve
months of Project approval, whichever occurs first.
124. BMP Installation. Prior to final occupancy or within twelve months of Project
approval, whichever occurs first, all structural BMPs described in the project -
specific WQMP shall be constructed and installed in conformance with
approved plans and specifications. It shall be demonstrated that the applicant
is prepared to implement all non-structural BMPs described in the approved
project specific WQMP and that copies of the approved project -specific WQMP
are available for the future owners/occupants. The City will not release
occupancy permits for any portion of the project exceeding 80% of the project
area prior to the completion of these tasks.
125. BMP Maintenance and Inspections. The BMP maintenance plan shall
contain provisions for all treatment controlled BMPs to be inspected, and if
required, cleaned no later than October 15 each year. Required documentation
shall identify the entity that will inspect and maintain all structural BMPs within
the project boundaries. A copy of all necessary documentation shall be
submitted to the City for review and approval prior to the issuance of
occupancy permits or within twelve months of Project approval, whichever
occurs first.
Conditions of Approval for Plot Plan No. 2012-178 35 of 41
Section IV:
Riverside County Fire Department
:onditions of Approval
Conditions of Approval for Plot Plan No. 2012-178 36 of 41
General Conditions
126. 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 (09-MENI-PP-108) is required on all
correspondence.
Additional information is available at our website: www.rvcfire.org or go to the
link marked "Ordinance 787".
Questions should be directed to the Riverside County Fire Department, Fire
Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA
92501. Phone: (951) 955-4777, Fax: (951) 955-4886
127. 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
Ordinances and/or recognize fire protection standards.
128. 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 2007 CFC
Chapter 24 compliance. Complete information re: all commodities stored,
suppression system for racks and/or high -pile storage review. A complete
listing of commodities, Classified using UFC Chapter 24 of the 2007 Edition
and NFPA 13, 2002 Edition guidelines by a licensed Fire Protection Engineer
(or other consultant approved by this jurisdiction).
129. Blue Retro-Reflective Makers. Blue retro-reflective pavement markers shall
be mounted on private street, public streets and driveways to indicate location
of fire hydrants. Prior to installation, placement of markers must be approved
by the Riverside County Fire Department.
130. Minimum Fire Flow. Minimum required fire flow shall be 1500 GPM for a 2
hour duration at 20 PSI residual operating pressure, which must be available
before any combustible material is placed on the job site. Fire flow is based on
type VB construction per the 2007 CBC and Building(s) having afire sprinkler
system.
131. Fire Hydrants. A combination of on -site and off -site super fire hydrants,
(6"x4"x 2-2 1 /2"), will be located not less than 5 feet or more than 165 feet from
any portion of the building as measured along approved vehicular travel ways.
The required fire flow shall be available from any adjacent hydrants(s) in the
system.
132. Tank Permits. Applicant or Developer shall be responsible for obtaining
under/aboveground fuel, chemical and mixed liquid storage tank permits, from
the Riverside County Fire Department and Environmental Health Departments.
Plans must be submitted for approval prior to installation. Aboveground
fuel/mixed liquid tanks(s) shall meet the following standard: Tank must be
Conditions of Approval for Plot Plan No. 2012-178 37 of 41
tested and labeled to UL2085 Protected Tank Standard or SwRI 93-01. The
test must include the Projectile Penetration Test and the Heavy Vehicle Impact
Test. A sample copy of the tank's label from an independent test laboratory
must be included with your plans.
133. Rapid Hazmat Box. Rapid Entry Hazardous Material Data and Key Storage
Cabinet shall be installed on outside of the building. Plans showing location of
cabinet(s) shall be submitted to the Riverside County Fire Department for
approval prior to installation.
134. Gate Entrances. Gate entrances shall be at least two feet wider than the
width of the traffic lane(s) serving that gate. Any gate providing access from a
road to a driveway shall be located at least 35 feet from the roadway and shall
open to allow vehicle to stop without obstructing traffic on the road. Where a
one-way road with a single traffic lane provides access to a gate entrance, 40
foot turning radius shall be used.
135. Automatic Gates. Gate (s) shall be automatic or manual operated, minimum
20 feet width, with a setback of 35 feet from face of curb/flow line. Gate access
shall be equipped with a rapid entry system. Plans shall be submitted to the
Fire Department for approval prior to installation. Automatic/manual gate pins
shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic
gates shall be equipped with emergency backup power. Gates activated by the
rapid entry system shall remain open until closed by the rapid entry system.
136. Fire Facilities. All fire facilities required by the project shall be dedicated to the
City of Menifee.
Prior to Issuance of Building Permit
137. Plan Check Fee. Prior to building permit issuance Building Plan check deposit
base fee of $1,056.00, shall be paid in a check or money order to the Riverside
County Fire Department after plans have been approved by our office.
138. Water Plans. Prior to building permit issuance the applicant or developer shall
separately submit two copies of the water system plans to the Fire Department
for review and approval. Calculated velocities shall not exceed 10 feet per
second.
Plans shall conform to the fire hydrant types, location and spacing, and the
system shall meet the fire flow requirements. Plans shall be signed and
approved by a registered civil engineer and the local water company with the
following certification: "I certify that the design of the water system is in
accordance with the requirements prescribed by the Riverside County Fire
Department."
Prior to Building Final Inspection
139. Fire Lanes. Prior to building final inspection 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.
Conditions of Approval for Plot Plan No. 2012-178 38 of 41
140. Sprinkler System. Install a complete fire sprinkler system per NFPA 13 2002
edition in all buildings requiring a fire flow of 1500 GPM or greater. Sprinkler
system(s) with pipe sizes in excess of 4" in diameter will require the project
structural engineer to certify (wet signature) the stability of the building system
for seismic and gravity loads to support the sprinkler system. All fire sprinkler
risers shall be protected from any physical damage. The post indicator valve
and fire department connection shall be located to the front, within 50 feet of a
hydrant, and a minimum of 25 feet from the building(s). A statement that the
building(s) will be automatically fire sprinkled must be included on the title page
of the building plans. Applicant or developer shall be responsible to install a
U.L. Central Station Monitored Fire Alarm System. Monitoring system shall
monitor the fire sprinkler system(s) water flow, P.I.Ws and all control valves.
Prior to building final inspection or within eight months of Project approval,
whichever occurs first plans must be submitted to the Fire Department for
approval prior to installation. Contact fire department for guideline handout
141. Fire Extinguishers. Prior to building final inspection the developer shall install
portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire
Extinguishers located in public areas shall be in recessed cabinets mounted
48" (inches) to center above floor level with maximum 4" projection from the
wall. Contact Fire Department for proper placement of equipment prior to
installation.
Conditions of Approval for Plot Plan No. 2012-178 39 of 41
Section V:
Riverside County Environmental
Health Conditions of Approval
Conditions of Approval for Plot Plan No. 2012-178 40 of 41
General Conditions
142. Developer Shall Comply with EMWD Requirements. Plot Plan No. 2012-
178 is proposing Eastern Municipal Water District (EMWD) water and sewer
service. It is the responsibility of the developer to ensure that all requirements
to obtain water and sewer service are met with EMWD, as well as, all other
applicable agencies. Any existing septic system(s) must be properly
abandoned or removed under permit with the Department of Environmental
Health (DEH).
Prior to Issuance of Building Permit
143. Water Will Serve. Prior to building permit issuance, whichever occurs first, a
"will -serve" letter is required from the appropriate water agency.
144. LEA Clearance. Prior to building permit issuance, whichever occurs first,
clearance from the Environmental Resources Management Division LEA, will
be required.
145. Percolation Test. Prior to building permit issuance, whichever occurs first,
satisfactory detailed soils percolation test in accordance with the procedures
outlined in the Riverside County Waste Disposal Booklet entitled "Waste
Disposal for Individual Homes, Commercial and Industrial".
Prior to Final Inspection
146. Hazmat Waste. The facility requires a hazardous waste permit if a hazardous
waste is generated as defined in Title 22 of the California Code of Regulations,
Section 66260.10 and 66261.3. The report and fee is due.
147. Hazardous Materials Management Division. If further review of the site
indicates additional environmental health issues, the Hazardous Materials
Management Division reserves the right to regulate the business in accordance
with applicable County Ordinances.
148. Hazardous Materials Contact. Contact a Hazardous Materials Specialist,
Hazardous Materials Management Division, at (951) 358-5055 for any
additional requirements.
149. Business Emergency Plan. The facility will require a business emergency
plan for the storage of hazardous materials greater than 55 gallons, 200 cubic
feet or 500 pounds, or any acutely hazardous materials or extremely hazardous
substances.
Conditions of Approval for Plot Plan No. 2012-178 41 of 41