PC12-127Resolution PC 12-127
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING PLOT PLAN NO. 2012-015 FOR MEDICAL OFFICES AT TEXAS
ROADHOUSE CENTER LOCATED ON HAUN ROAD
Whereas, on June 19, 2012, the applicant, Chao Sun, filed a formal application
with the City of Menifee for a plot plan to construct a 9,500 sq. ft. medical office building
at the Texas Roadhouse Center located north of Newport Road, east of Haun Road and
west if 1-215 within the City of Menifee; and,
Whereas, on November 27, 2012, the Planning Commission held a duly noticed
public hearing on the Project, considered all public testimony as well as all materials in
the staff report and accompanying documents for Plot Plan No. 2012-015, which hearing
was publicly noticed by a publication in a newspaper of general circulation, an agenda
posting, and notice to property owners within 800 feet of the Project boundaries, and to
persons requesting public notice; and,
Whereas, at the November 23, 2012 Planning Commission public hearing, the
Commission found that:
Consistency with the General Plan. The plot plan is consistent with the General
Plan Land Use Map, Specific Plan and applicable General Plan objectives,
policies, and programs.
The General Plan land use of the site is Commercial Retail (CR) in the
Community Development Foundation. The proposed project meets the
requirements of the Community Development: Commercial Retail General Plan
land use designation.
The project is within the New Hub Specific Plan. The General Plan Land Use
Designation described above is compatible with the underlying zoning
classification of Specific Plan (New Hub). The project is consistent with the
design guidelines, zoning and development standards of the Specific Plan.
The project is consistent with General Plan Land Use Policy LU 23.9, which
requires that commercial development be designed to consider their
surroundings and visually enhance, not degrade, the character of the
surrounding area. (Al 3). The project proposes high quality attractive medical
office use and the site is landscaped. The project will enhance the surrounding
area.
Surrounding General Plan Land Use designations are Commercial Retail to the
north, south, east and west. The project is consistent with the surrounding
commercial land uses.
The future proposed general plan land use designation for the property is
Specific Plan. The intent of this land use designation is to recognize areas where
an existing specific plan is in place and to provide policies, standards and criteria
for the development or redevelopment of these areas. The project is consistent
with the existing general plan land use and there is a reasonable possibility that
the project will be consistent with the 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.
Resolution No PC 12-127
PP 2012-015
November 27, 2012
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. MSHCP and SKR fees
were paid for the entire site prior to the occupancy of the Texas Roadhouse
Restaurant. Therefore, the project will not conflict with the provisions of the
adopted HCP, Natural Conservation Community Plan, or other approved local,
regional, or state conservation plan and the impact is considered less than
significant.
2. Consistency with the Zoning Code.
The project is zoned Specific Plan (New Hub). The Specific Plan refers back to
the Scenic Highway Commercial designation of Ordinance 348. The project is
consistent with the existing zoning and development standards.
Surrounding zoning includes the New Hub Specific Plan (Scenic Highway
Commercial) to the north, south, and west, and the Menifee Lakes Specific Plan
(also refers back to Scenic Highway Commercial) east beyond Interstate 215.
These classifications are compatible with the zoning of the project site.
3. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or injurious
to or incompatible with other properties or land uses in the project vicinity.
The project site is surrounded by medical offices and vacant properties to the
north, Yellow Basket Restaurant and other commercial uses to the south, Texas
Roadhouse and Interstate 215 to the east and a gas station and vacant
properties to the west.
The proposed project is compatible with the surrounding land uses, general plan
land use designations and zoning classifications. The project incorporates
quality architecture and landscaping which will enhance the area.
The project parking exceeds what is required by Ordinance 348.
Environmental impacts resulting from the project have been analyzed in a
negative declaration which determined impacts including, but not limited to, air
quality, greenhouse gas emissions, water quality, noise, and traffic would all be
less than significant. In addition, the peak hours of the restaurant (evening —
after 5pm) to the east and the medical offices (daytime) vary, so the parking and
traffic impacts are further reduced. Therefore, the project is not anticipated to
create conditions materially detrimental to the public health, safety and general
welfare or injurious to or incompatible with other properties or land uses in the
project vicinity.
Resolution No PC 12-127
PP 2012-015
November 27, 2012
4. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
All impacts related to the plot plan application were analyzed in an Environmental
Assessment/Mitigated Negative Declaration prepared for the original plot plan
application (2010-202 PP) which was adopted by the City of Menifee City
Council. No new environmental impacts have been identified. No further
environmental review is required. The previously prepared MND is still accurate
for this approval.
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
The Findings set out above are true and correct.
2. Plot Plan No. 2012-015, is approved subject to the Conditions of Approval
as set forth in Exhibit 1" to this Resolution and as approved by the
Planning Commission on November 27, 2012.
PASSED, APPROVED AND ADOPTED THIS 271h DAY OF NOVEMBER 2012.
Bill Zimmerman, h r
ATTEST:
Kathy Bennett, City Clerk
Approved as to form:
John V. Denver
Mayor
Thomas Fuhrman
Mayor Pro Tern
Wallace W. Edgerton
Councilmember
Darcy Kuenzi
Councilmember
Sue Kristjansson
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofinenifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
foregoing Resolution No. PC12-127 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 27th day of
November, 2012 by the following vote:
Ayes:
Liesemeyer, Matelko,Thomas, Warren, Zimmerman
Noes:
None
Absent:
None
Abstain:
None
Kathy Bennett, City Clerk
EXHIBIT 66
1"
Conditions of Approval for
Plot Plan No. 2012-015
"Medical Offices at Texas Roadhouse Center"
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Fire Department
Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
Section VI: Riverside County Environmental Programs
Department
Pagel of 36
Pepartments
Page 2 of 36
General Conditions
1. Description. Planning Case No. 2012-016 (Plot Plan) proposes a 9,500 sq. ft.
medical office building, including dialysis center, located at the empty pad
identified as Phase 2 of the Texas Roadhouse Plot Plan No. 2010-202. The
hours of operation will be Monday through Friday, 8:30 a.m. to 5:00 p.m.
The Texas Roadhouse Plot Plan No. 2010-202 was previously reviewed and
approved by the City of Menifee and conditioned by various County and City
Departments. That plot plan approved the construction of the Texas Roadhouse
restaurant, parking lot for entire site, landscaping for the entire site and provided
a pad area for future retail uses. The floor plan and elevations for the building on
the pad were not approved as part of the original plot plan review.
2. Indemnification. The permitee shall indemnify, protect, defend, and hold
harmless, the City and any agency or instrumentality thereof, and/or any of its
officers, employees and agents (collectively the "City") from any and all claims,
actions, demands, and liabilities arising or alleged to arise as the result of the
permitee's performance or failure to perform under this Plot Plan or the City's
approval thereof, or from any proceedings against or brought against the City, or
any agency or instrumentality thereof, or any of their officers, employees and
agents, to attack, set aside, void, annul, or seek monetary damages resulting
from an action by the City, or any agency or instrumentality thereof, advisory
agency, appeal board or legislative body including actions approved by the
voters of the City, concerning Plot Plan No. 2012-015 (2012-015 PP) and any
approval hereunder.
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. 2012-015 shall be henceforth defined as
follows:
Permitee, Applicant, Project Permitee(s), Project Developer(s) shall all
mean the Permitee of this project.
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2012-015 (Sheets 1-
2), dated 8/28/12.
APPROVED EXHIBIT B = Elevations for Plot Plan No. 2012-015 (Sheets
1-2), dated 8/28/12.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2012-015, dated
5/2/12.
APPROVED EXHIBIT M = Color and Material Board for Plot Plan No.
2012-015, dated 8/28/12.
4. 90 Days. The permitee has 90 days from the date of approval of these conditions
to protest, in accordance with the procedures set forth in Government Code
Section 66020, the imposition of any and all fees, dedications, reservations
and/or other exactions imposed on this project as a result of this approval or
conditional approval of this project.
Page 3 of 36
5. City of Menifee. The City of Menifee is a new City, incorporated on October 1,
2008; the City is studying and adopting its own ordinances, regulations,
procedures, processing and development impact fee structure. In the future the
City of Menifee will identify and put in place various processing fees to cover the
reasonable cost of the services provided. The City also will identify and fund
mitigation measure under CEQA through development impact fees. Such fees
may include but are not limited to processing fees for the costs of providing
planning services when development entitlement applications are submitted,
which fees are designed to cover the full cost of such services, and development
impact fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing districts
to cover the costs of maintenance of improvements constructed by development,
Permitee agrees to petition for formation of, annexation to or inclusion in any
such financing district and to pay the cost of such formation, annexation or
inclusion.
The permitee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
6. Revocation. In the event the use hereby permitted under this permit, a) is found
to be in violation of the terms and conditions of this permit, b) is found to have
been obtained by fraud or perjured testimony, or c) is found to be detrimental to
the public health, safety or general welfare, or is a public nuisance, this permit
shall be subject to the revocation procedures.
7. Business Registration. Every person conducting a business within the City of
Menifee shall obtain a business license, as required by the Menifee Municipal
Code. For more information regarding business registration, contact the City of
Menifee.
8. Substantial Conformance with Original
The Planning Department has determined this application to be substantially in
conformance with the site plan approved under Planning Application 2010-202
Plot Plan (Texas Roadhouse original site plan).
9. Comply with Prior Conditions
Development and use of this Plot Plan shall comply with all applicable conditions
of Planning Application No. 2010-202 Plot Plan.
10. Expiration Date. This approval shall be used within two (2) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. By
use is meant the beginning of substantial construction contemplated by this
approval within two (2) year period which is thereafter diligently pursued to
completion or to the actual occupancy of existing buildings or land under the
terms of the authorized use. Prior to the expiration of the two year period, the
permittee may request a one (1) year extension of time in which to begin
substantial construction or use of this permit. Should the time period established
by any of the extension of time requests lapse, or should all three one-year
extensions be obtained and no substantial construction or use of this plot plan be
Page 4 of 36
initiated within five (5) years of the effective date of the issuance of this plot plan,
this plot plan shall become null and void.
Page 5 of 36
Section Ile
Page 6 of 36
General Conditions
11. Comply with Ordinances. The development of these premises shall comply
with the standards of Riverside County Ordinance No. 348 (hereinafter
Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal
Code and all other applicable ordinances and State and Federal codes and
regulations.
The development of the premises shall conform substantially with that as shown
on APPROVED EXHIBIT A, B, C and M unless otherwise amended by these
conditions of approval.
12. Outside Lighting. Any outside lighting shall be hooded and directed so as not to
shine directly upon adjoining property or public rights -of -way.
13. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT M.
14. Additional Review. Any expansion or intensification of the use will, including
changes to the hours of operation, require additional review of the use permit.
15. Parking. Parking for the entire Texas Roadhouse Center was determined during
review of Plot Plan No. 2010-202 and based on Ordinance 348, Section 18.12.
under the original plot plan, the following parking was required/provided:
Restaurant
1 space per 45 sq. ft. of serving area plus 1 space per two employees:
93 spaces required - 105 spaces provided
Future Pad Building
1 space per 200 square feet of building:
48 spaces required - 61 spaces provided
The parking required for the future building plan based on the medical office
use is:
1 space per 200 sq. ft. of net leasable floor area
48 spaces required - 59 spaces provided (Difference from PP
2010-202 - loss of 2 spaces due to location of trash enclosures and
additional ADA parking)
A minimum of 59 parking spaces shall be provided as shown on the APPROVED
EXHIBIT A, unless otherwise approved by the Planning Department. The parking
area shall be surfaced with asphaltic concrete, concrete, or porous paving, to
current standards as approved by the Department of Building and Safety.
Page 7 of 36
ADA Parking Spaces:
A minimum of six (6) accessible parking spaces for persons with disabilities shall
be provided consistent with ADA requirements and as approved by the City
Engineering Department. The location of ADA parking and paths of travel will be
finalized on the final site plan of the proposed project. Each parking space
reserved for persons with disabilities shall be identified by a permanently affixed
reflectorized sign constructed of porcelain on steel, beaded text or equal,
displaying the International Symbol of Accessibility. The sign shall not be smaller
than 70 square inches in area and shall be centered at the interior end of the
parking space at a minimum height of 80 inches from the bottom of the sign to
the parking space finished grade, or centered at a minimum height of 36 inches
from the parking space finished grade, ground, or sidewalk. A sign shall also be
posted in a conspicuous place, at each entrance to the off-street parking facility,
not less than 17 inches by 22 inches, clearly and conspicuously stating the
following:
"Unauthorized vehicles not displaying distinguishing placards or license plates
issued for physically handicapped persons may be towed away at owner's
expense. Towed vehicles may be reclaimed at _ or by telephoning _."
In addition to the above requirements, the surface of each parking space shall
have a surface identification sign duplicating the symbol of accessibility in blue
paint of at least 3 square feet in size.
Bicycle Racks:
Bicycle racks 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.
16. Signage. No outdoor advertising display, sign or billboard (not including on -site
advertising or directional signs) shall be constructed or maintained within the
property subject to this approval. Prior to the installation of any on -site
advertising display or structure, the permitee shall submit a plot plan application
for signage, including applicable deposit based fees, to the City of Menifee
Planning Department for review and approval.
17. 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.
18. Reclaimed Water. The permitee shall connect to a reclaimed water supply for
landscape watering purposes when secondary or reclaimed water is made
available to the site as required by Eastern Municipal Water District.
19. No Permanent Occupancy. No permanent occupancy shall be permitted within
the property approved under this plot plan as a principal place of residence. No
person shall be entitled to vote using an address within the premises as a place
of residence.
Page 8 of 36
20. Exterior Noise Levels. Exterior noise levels produced by any use allowed under
this permit, including, but not limited to, any outdoor public address system, shall
not exceed 55 db(A), 10-minute Leq, between the hours of 10:00 p.m. to 7:00
a.m., and 65 db(A), 10-minute Leq, at all other times as measured at any
residential, hospital, school, library, nursing home or other similar noise sensitive
land use. In the event noise exceeds this standard, the permitee or the
permitee's successor -in -interest shall take the necessary steps to remedy the
situation, which may include discontinued operation of the facilities.
21. No Outdoor Storage. No outdoor storage is allowed within the site. No storage
lockers, sheds, metal container bins or metal shipping containers will be allowed
to be kept onsite unless reviewed and approved by the Planning Department.
22. Hours of Construction. Construction activities shall be restricted to the hours of
6:30 am to 7:00 pm Monday through Friday, 8:00 am to 5 pm on Saturdays, and
are prohibited on Sundays and federal holidays.
23. Rules for Construction Activities. The applicant shall adhere to the Best
Available Control Measures (BACMs). SCAQMD Rules that are currently
applicable during construction activity for the project include but are not limited
to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403
(Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule
403 regulatory requirements that are applicable to the project are as follows:
• All clearing, grading, earth -moving, or excavation activities shall cease when
winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust
emissions.
• The contractor shall ensure that all disturbed unpaved roads and disturbed
areas within the project are watered at least three times daily during dry
weather. Watering, with complete coverage of disturbed areas, shall occur at
least three times a day, preferably in the midmorning, afternoon, and after
work is done for the day. Implementation of this measure is estimated to
reduce PM,o and PM2.5 fugitive dust emissions by approximately 61 %.
• The contractor shall ensure that traffic speeds on unpaved roads and project
site areas are reduced to 15 miles per hour or less to reduce PM,o and PMz.e
fugitive dust haul road emissions by approximately 44%.
24. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402
which prohibits a person from discharging any source quantities of air
contaminants or other material which cause injury, nuisance, or annoyance to
any considerable number of persons or to the public.
ARCHEOLOGY
25. 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
Page 9 of 36
be contacted within the period specified by law (24 hours). Subsequently, the
Native American Heritage Commission shall identify the "most likely
descendant." The most likely descendant shall then make recommendations and
engage in consultation concerning the treatment of the remains as provided in
Public Resources Code Section 5097.98. Human remains from other
ethnic/cultural groups with recognized historical associations to the project area
shall also be subject to consultation between appropriate representatives from
that group and the Community Development Director.
26. Inadvertent Archeological Find. If during ground disturbance activities, unique
cultural resources are discovered that were not assessed by the archaeological
report(s) and/or environmental assessment conducted prior to project approval,
the following procedures shall be followed. Unique cultural resources are
defined, for this condition only, as being multiple artifacts in close association
with each other, but may include fewer artifacts if the area of the find is
determined to be of significance due to its sacred or cultural importance as
determined in consultation with the Native American Tribe(s).
i. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the developer,
the archaeologist, the Pechanga tribal representative(s) and the Community
Development Director to discuss the significance of the find.
ii. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community Development
Director, as to the appropriate mitigation (documentation, recovery,
avoidance, etc.) for the cultural resources.
iii. Grading of further ground disturbance shall not resume within the area of the
discovery until an agreement has been reached by all parties as to the
appropriate mitigation.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Treatment and Monitoring Agreement.
27. Paleontologist Required. Should paleontological resources be inadvertently
uncovered during ground disturbing and/or construction activities all work must
be halted in the vicinity and a qualified Paleontologist and the City of Menifee
shall be contacted immediately. The qualified Paleontologist shall observe the
find and assess the significance of the resource. If the paleontological resource
is 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.
LANDSCAPING
28. Interim Landscaping. Graded but undeveloped land shall be maintained in a
condition so as to prevent a dust and/or blow sand nuisance and shall be either
planted with interim landscaping or provided with other wind and water erosion
control measures as approved by the Planning Department and the South Coast
Air Quality Management District (SCAQMD).
Page 10 of 36
29. Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition and free of pests and weeds throughout
the life of this permit. To ensure that this occurs, the Planning Department shall
require inspections in accordance with the prior to building permit issuance
landscaping install and inspected condition.
30. Landscape Plans. All landscaping plans shall be prepared in accordance with
the City's Water Efficient Landscape Ordinance. Such plans shall be reviewed
and approved by the Planning Department, and the appropriate maintenance
authority.
31. Maintenance of Landscaping. All private landscaping shall be maintained by a
property owners association or individual property owner. All landscaping, and
similar improvements not properly maintained by a property owners association
or individual property owners must be annexed into a Lighting and Landscape
District, or other mechanism as determined by the City of Menifee.
FEES
32. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research fee),
or other such review fee as may be in effect at the time of submittal, as required
by Ordinance No. 671, or any successor thereto. Each submittal shall be
accompanied with a letter clearly indicating which condition or conditions the
submittal is intended to comply with.
Prior to Issuance of Grading Permit
33. Fugitive Dust Control. The permitee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management
District (SCAQMD) Rule 403. The permitee shall include in construction
contracts the control measures required under Rule 403 at the time of
development, including the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius)
must be swept (preferably with water weepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a 10 percent surface
soil moisture content throughout all earth moving activities. All unpaved
demolition and construction areas shall be wetted at least twice daily during
excavation and construction, and temporary dust covers shall be used to
reduce dust emissions and meet SCAQMD District Rule 403. Wetting could
reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least three
times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
Page 11 of 36
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;
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.
Page 12 of 36
FEES
34. Fees. Prior to the issuance of grading permits for 2012-015 PP, the Planning
Department shall determine the status of the deposit based fees. If the fees are
in a negative status, the permit holder shall pay the outstanding balance.
Prior to Issuance of Building Permit
35. Submit Building Plans. Prior to the issuance of a building permit, the permitee
shall submit building plans with the City of Menifee Building and Safety
Department for building permits. The building plans shall be in substantial
conformance with Exhibit B.
Building and Safety will require the following items:
1. Plans shall be designed to the provisions of the 2010 edition of the
California Building, Mechanical, Electrical and Plumbing, Energy and
Green Codes.
2. Three (3) sets of plan drawings shall be submitted along with two (2)
copies of structural and Title 24 Energy documentation.
3. Two (2) sets of precise grading plans shall be submitted at time of
building plan review submittal. Showing all disabled access paths of
travel, cross and directional slope percentages, site accessibility features
and details.
4. All exterior lighting shall comply with Ordinance 2009-24, "Dark Sky
Ordinance".
5. Separate plan submittal will be required to Riverside County Fire along
with a formal transmittal issued by Building and Safety.
36. Elevations. Elevations of all buildings and structures submitted for building plan
check approval shall be in substantial conformance with the elevations shown on
APPROVED EXHIBIT B.
37. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
38. Lighting. The building plans shall show the location and types of light fixtures
that will be within the project site. Lighting fixtures shall be decorative. Shoe box
type lighting will not be allowed. Lighting shall be designed to define the
vehicular and pedestrian circulation patterns and ensure safe pedestrian
movement. The types of lighting fixtures used shall be subject to Planning
Department approval.
39. Roof Mounted Equipment Plans. All building plans shall show all roof -mounted
equipment and methods for screening and shall be submitted to the Planning
Department for review and approval prior to building permit issuance. Screening
material shall be subject to Planning Department approval. Planning staff will
verify that all roof -mounted equipment has been screened in compliance with the
approved plans prior to final occupancy.
Page 13 of 36
40. Dark Sky Ordinance. All parking lot lights and other outdoor lighting shall be
shown on electrical plans submitted to the Department of Building and Safety for
plan check approval and shall comply with the requirements of the City of
Menifee Ordinance No. 2009-024 and the General Plan.
LANDSCAPING
41. Performance Securities. Performance securities, in amounts to be determined
by the Director of Community Development to guarantee the installation of
plantings, irrigation system, walls and/or fences, in accordance with the approved
plan, shall be filed with the Department of Community Development. Securities
may require review by City Attorney and other staff. Permit holder is encouraged
to allow adequate time to ensure that securities are in place. The performance
security may be released one year after structural final, inspection report, and the
One -Year Post Establishment report confirms that the planting and irrigation
components have been adequately installed and maintained. A cash security
shall be required when the estimated cost is $2,500.00 or less.
42. Landscape and Irrigation Plans. The permitee shall submit three (3) sets of
Final Landscaping and Irrigation Plans to the Planning Department for review
and approval for revisions to the existing landscaping and irrigation. Said plan
shall be submitted to the Department in the form of a plot plan application
pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the
California Environmental Quality Act and not subject to review by any
governmental agency other than the Planning Department), along with the
current fee.
The plan shall be in compliance with APPROVED EXHIBIT A, Menifee Municipal
Code Chapter 15.04 and the conditions of approval. The plan shall show all
common open space areas. The plan shall address all areas and conditions of
the project requiring landscaping and irrigation to be installed including, but not
limited to, (slope planting, common area and/or park landscaping). The plan
shall show all common open space areas. Emphasis shall be placed on using
plant species that are drought tolerant and which have low water usage.
Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee
Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the
Riverside County Guide to California Landscaping, Eastern Municipal Water
District requirements and Ordinance No. 348, Section 18.12.
Landscaping plans for areas that are totally within the road right-of-way shall be
submitted to the Engineer Department only. Slope Landscaping plans for slopes
exceeding 3 feet in height shall be submitted to the Engineering Department.
NOTES: The Landscape plot plan may include the requirements of any other
minor plot plan required by the subdivision conditions of approval. However,
minor plot plan conditions of approval shall be cleared individually.
The irrigation plan shall be in compliance with Section 18.12 of Ordinance No.
348, and include a rain shut-off device which is capable of shutting down the
entire system. In addition, the plan will incorporate the use of in -line check
valves, or sprinkler heads containing check valves to prohibit low head drainage.
Page 14 of 36
If the above mentioned landscaping plans do not include shading and parking
landscaping, prior to issuance of building permits, three (3) copies of a Shading,
Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by
the Planning Department. Shading calculations is based on tree canopy over the
parking spaces. Tree canopy after 15 years growth shading the parking spaces
only. For this conceptual the shading requirements will be accepted. On working
drawings, the shading of 50% as you have shown is not acceptable as the trees
are planted 4' (typical) into the planter. Please use AutoCAD to calculate the
shade in the parking area for the working drawings.
The location, number, genus, species, and container size of plants shall be
shown. Plans shall meet all applicable requirements of Menifee Municipal Code
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.
Curb and Walkway on End Stall Planters. A six inch high curb with a twelve
(12) inch wide walkway shall be constructed along planters on end stalls adjacent
to automobile parking areas. Public parking areas shall be designed with
permanent curb, bumper, or wheel stop or similar device so that a parked vehicle
does not overhang required sidewalks, planters, or landscaped areas.
43. Crime Prevention through Environmental Design Guidelines. Pursuant to
correspondence dated April 6, 2012 from the Riverside County Sherriff's
Department, all plants, landscaping and foliage shall fall within current CPTED
(Crime Prevention through Environmental Design) guidelines.
44. Landscape Inspections. Prior to issuance of building permits, the permit holder
shall open a Landscape Deposit Based Fee case and deposit the prevailing
deposit amount to cover the Six Month and One Year Landscape Inspections.
The amount of hours for the Six Month and One Year Landscape Inspections will
be determined by the Planning Department's Landscape personnel prior to
approval of the requisite Minor Plot Plan for Planting and Irrigation.
F221*1
45. Fees. Prior to issuance of building permits, the Planning Department shall
determine if the deposit based fees for project are in a negative balance. If so,
any outstanding fees shall be paid by the permitee.
46. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
47. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
Page 15 of 36
Prior to Final Inspection
48. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on APPROVED EXHIBIT B.
49. 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.
50. Waste Management Clearance. Prior to issuance of an occupancy permit, the
permitee shall provide a clearance letter from Riverside County Waste
Management verifying compliance with the approved WRP.
51. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater,
shall be installed underground. If the permitee provides to the Department of
Building and Safety and the Planning Department a definitive statement from the
utility provider refusing to allow underground installation of the utilities they
provide, this condition shall be null and void with respect to that utility.
52. Trash Enclosures. One (1) trash enclosure which is adequate to enclose a
minimum of two (2) bins shall be located as shown on the APPROVED EXHIBIT
A, and shall be constructed prior to the issuance of occupancy permits. The
enclosure(s) shall be a minimum of six (6) feet in height and shall be
architecturally enhanced and made with masonry block with landscaping
screening, roof covering and a solid gate which screens the bins from external
view. Additional enclosed area for collection of recyclable materials shall be
located within, near or adjacent to each trash and rubbish disposal area. The
recycling collection area shall be a minimum of fifty percent (50%) of the area
provided for the trash/rubbish enclosure(s) or as approved by the Riverside
County Waste Management Department. All recycling bins shall be labeled with
the universal recycling symbol and with signage indicating to the users the type
of material to be deposited in each bin.
53. Lighting. Exterior lighting shall be consistent with the approved building plans.
54. Condition Compliance. The Planning Department shall verify that the
Development Standards and all other preceding conditions have been complied
with prior to any use allowed by this permit.
55. Final Planning Inspection. The permitee shall obtain final occupancy sign -off
from the Planning Division for each building permit issued by scheduling a final
Planning inspection prior to the final sign -off from the Building Department.
Planning staff shall verify that all pertinent conditions of approval have been met,
including compliance with the approved elevations, site plan, parking lot layout,
etc. The permitee shall have all required paving, parking, walls, site lighting,
landscaping and automatic irrigation installed and in good condition.
Page 16 of 36
LANDSCAPING
56. Soil Management Plan
The permitee shall submit a Soil Management Plan (Report) to the Planning
Department before the Landscape Installation Inspection. The report can be sent
in electronically. Information on the contents of the report can be found in the
County of Riverside Guide to California Friendly Landscaping page 16, #7, "What
is required in a Soil Management Plan?"
57. Landscape/Irrigation Install Inspection
The permitee landscape architect responsible for preparing the Landscaping and
Irrigation Plans shall arrange for a Pre -Landscape installation inspection and a
Landscape Completion Installation Inspection with the Planning Department.
The pre -landscape inspection shall be arranged at least fifteen (15) working days
prior to installation of landscaping. The landscape completion inspection shall be
arranged at least fifteen (15) working days prior to final inspection of the structure
or issuance of occupancy permit, whichever occurs first. A One Year Post -
Establishment Inspection will also be required. The Planning Department will
require a deposit in order to conduct the landscape inspections.
58. Landscape Installation. All required landscape planting and irrigation, including
but not limited to onsite and landscaping and irrigation in the median and along
both sides of the driveway on Newport Road, shall have been installed in
accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee
Municipal Code Chapter 15.04 (as adopted and any amendments thereto),
Eastern Municipal Water District requirements and the Riverside County Guide to
California Landscaping. All landscape and irrigation components shall be in a
condition acceptable to the Planning Department. The plants shall be healthy and
free of weeds, disease or pests. The irrigation system shall be properly
constructed and determined to be in good working order.
59. Final Landscape Approval
The final landscape approval following installation shall be subject to the review
and approval of the City's Landscape Architectural Consultant and the
Community Development Director. The Community Development Director may
require additional trees, shrubs and/or groundcover as necessary, if site
inspections reveal landscape deficiencies that were not apparent during the plan
review process.
FEES
60.Ordinance No. 659 Fee. Prior to the issuance of either a certificate of
occupancy or prior to building permit final inspection, the permitee shall comply
with the provisions of Riverside County Ordinance No. 659 (hereinafter
Ordinance No. 659), as adopted by the City which requires the payment of the
appropriate fee set forth in the Ordinance. Ordinance No. 659 has been
established to set forth policies, regulations and fees related to the funding and
construction of facilities necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance, and it establishes the authorized uses of the fees
collected.
Page 17 of 36
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.
61. Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon
building permit final inspection prior to use or occupancy for cases without final
inspection or certificate of occupancy (such as an SMP), whichever comes first,
the permitee shall comply with the provisions of Riverside County Ordinance No.
810 (hereinafter Ordinance No. 810), which requires the payment of the
appropriate fee set forth in the Ordinance.
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.
62. Fees. Prior to issuance of occupancy/final inspections, the Planning Department
shall determine if the deposit based fees for project are in a negative balance. If
so, any outstanding fees shall be paid by the permitee.
63. Stephen's Kangaroo Rat Fee. Prior to the issuance of a certificate of
occupancy, or upon building permit final inspection, whichever comes first, the
permitee shall submit verification that the Stephen's Kangaroo Rat fees have
been paid for the project.
Page 18 of 36
Section III:
Engineering/Transportation/
Grading Conditions of Approval
Page 19 of 36
General Conditions:
1. SCOPE OF PROJECT- This Plot Plan proposes a development for a 9,500 SF
medical office building at the pad for phase 2 graded per the Texas roadhouse
project. The project site is located north of Newport Road, on the east side of
Haun Road and west of Interstate 215.
2. PRECEDENCE- If any of the following conditions of approval differ from the
Riverside County General Plan text or exhibits, the conditions enumerated herein
shall take precedence.
GRADING INTRODUCTION- Improvements such as grading, filling, over
excavation and re -compaction, and base or paving which require a grading
permit are subject to the included CITY Grading conditions of approval.
4. GENERAL GRADING CONDITIONS - All grading shall conform to the latest
adopted edition of the California Building Code, the City General Plan, The
County 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.
ORDINANCES & LAWS COMPLIANCE -The development of the property shall
be in accordance with the mandatory requirements of all Riverside County
ordinances including Ordinances Nos. 348 and 460 and state laws; and shall
conform substantially to the adopted Riverside County General Plan as filed in
the office of the Riverside County Planning Department, unless otherwise
amended.
6. CONSTRUCTION TIMES OF OPERATION- Any construction within the City
limits located 1/4 of a mile from an occupied residence shall be limited to the
hours of 6:30 a.m. to 7:00 p.m., Monday through Saturday, except on nationally
recognized holidays in accordance with Municipal Code Section 8.01.020.
Construction on Sunday or nationally recognized holidays are not permitted
unless prior approval is obtained from the City Building Official or City Engineer.
7. GRADING PERMIT FOR CLEARING & GRUBBING- County Ordinance 457
requires a grading permit prior to clearing, grubbing, or any top soil disturbances
related to construction grading.
DUST CONTROL- During the actual grading, all necessary measures to control
dust shall be implemented by the applicant in accordance with AQMD
Page 20 of 36
requirements. A watering device shall be present and in use at the project site
during all grading operations.
9. EROSION CONTROL- Graded but undeveloped land shall provide, in addition to
erosion control planting, any drainage facilities deemed necessary to control or
prevent erosion. Erosion and sediment control BMPs are required year round in
compliance with the State Water Resources Control Board (SWRCB) General
Construction Permit. Additional erosion protection may be required during the
rainy season from October 15 to April 15.
10. SLOPE EROSION CONTROL PLAN- Erosion control - landscape plans, required
for manufactured slopes greater than 3 feet in vertical height, are to be signed by
a registered landscape architect and bonded per the requirements of Ordinance
457.
11. 2:1 MAXIMUM SLOPE RATIO- Except for basin slopes, graded slopes shall be
limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless
otherwise approved. Slopes shall be contour graded and be less than 2:1 where
possible to produce a natural appearance.
12.4:1 MAXIMUM SLOPE RATIO FOR BASIN SLOPES- Basin that may contain
any water shall have side slopes with a maximum steepness ratio of 4:1
(horizontal to vertical) unless otherwise approved.
13. DRAINAGE FACILITIES & TERRACING- Provide drainage facilities and
terracing in conformance with Section J109 of the California Building Code.
14. SLOPE SETBACKS- Observe slope setbacks per Section J108, figure J108.1 of
the California Building Code.
15. GEOTECHNICAL AND SOILS REPORTS- All grading shall be done in
conformance with the recommendations of the included geotechnical/soils
reports.
16. GEOTECHNICAL AND SOILS REPORTS SUBMITTALS- Geotechnical/soils
reports are filed at the City. An updated compaction report and rough grade
certificate shall be provided if construction of building starts one year or later after
pad was originally graded.
17. 100-YEAR DRAINAGE FACILITIES- All drainage facilities shall be designed to
accommodate 100 year storm flows or as approved by the Riverside County
Flood Control District and the City Engineering Department.
18. MINIMUM DRAINAGE GRADE- Minimum drainage grade shall be 1% except on
Portland cement concrete surfaces where 0.50% shall be the minimum. The
Page 21 of 36
engineer must submit a variance request for design grades less than 1 % with a
justification for a lesser grade.
19. MAXIMUM AND MINIMUM GRADE ADVICE - Engineer of record is advised to
not base the design on minimum and maximum grades for ADA and project
grading design to allow for construction tolerances. Any improvement that is out
of the minimum and maximum values will not be accepted by the City Inspector.
It will need to be removed and replaced at owner's expense.
20. PAVING INSPECTIONS- The developer/applicant shall be responsible for
obtaining the paving inspections required by Ordinance 457.
21. WATER MAINS & 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 the Riverside County Fire Department and EMWD.
22. PERPETUAL DRAINAGE PATTERNS- The property's grading shall be designed
in a manner that perpetuates the existing natural drainage patterns with respect
to tributary drainage area and outlet points.
23. TRAFFIC SIGNAL MITIGATION PROGRAM- The project proponent shall
participate in the Traffic Signal Mitigation Program as approved by the City
Council. This is included in the Development Impact Fee (DIF) payment.
24. DRY UTILITY INSTALLATIONS- Electrical power, telephone, communication,
street lighting, and cable television lines shall be placed underground in
accordance with County of Riverside Ordinance 460 and 461. This also applies
to existing overhead lines which are 34 kilovolts or below along the project
frontages and within the project boundaries if there is any.
25. WQMP. There is a Water Quality Management Plan, WQMP, on file for the
Texas Roadhouse project. This document will need to be revised to include the
proposed Medical Building per this project.
26. BMP Maintenance Agreement — If a different entity will be maintaining the bio-
retention next to the propose building, the project owner shall prepare, execute
and record a new BMP Maintenance Agreement upon approval of final WQMP
revision.
27. TRASH ENCLOSURES — Trash enclosures in new developments and
redevelopment projects shall meet new storm water quality standards as follows:
a) They shall have a solid impermeable roof with a minimum
clearance height to allow the bin lid to completely open.
b) They shall be constructed of reinforced masonry without wooden
gates. Walls shall be at least 6' high.
Page 22 of 36
c) They shall have a concrete slab floor. The concrete slab shall be
graded to contain any spill within the enclosure.
d) All trash bins in the trash enclosure shall be leak free and shall
have a lid and be continuously closed.
e) The enclosure area shall be protected from receiving direct rainfall
or run-on from collateral surfaces.
Rain water or wastewater runoff from trash enclosure is prohibited. Any
standing liquids must be cleaned up and disposed of properly using a mop
and a bucket or a wet/dry vacuum machine. All non hazardous liquids
without solid trash may be put in the sanitary sewer.
An alternate floor drain from the interior of the enclosure that discharges to
the sanitary sewer may be constructed after obtaining approval by EMWD.
This option requires the following:
a) The trash enclosure shall be lockable and locked when not in use
with a 2-inch or larger brass resettable combination lock. Only the
employees and staff authorized by the enclosure owner shall have
access to it. This requirement may make this option not applicable
to apartment and commercial complexes with multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of
gasses from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection
nearby with an approved backflow preventer. The spigot shall be
protected and located at the rear of the enclosure to prevent
damage from bins.
28. 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.
29. LANDSCAPE IN RIGHT-OF-WAY. Landscaping within public road right-of-way
shall comply with Engineering Department standards and Ordinances 457 and
461 and shall require approval by 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. The
landscaping will consists of trees and shrubs irrigated by drip irrigation systems
all as approved by the City. The use of turf is prohibited along with spray
irrigation. Ordinances 457 and 461 govern the use of landscaping. Assurance of
continuous maintenance is required.
30. LANDSCAPE MAINTENANCE IN RIGTH-OF-WAY - The applicant shall execute
and record an agreement for maintenance of parkways using the city standard
agreement prior to approval of landscape plans in the public right of way fronting
this project.
31. 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
Page 23 of 36
Building Official. Project applicant shall construct off -site improvements as
needed to provide ADA path connectivity with the existing buildings to the south.
On -site ADA improvements will be constructed to provide future ADA path
connectivity to the north.
Prior to Project Approval:
32. PLAN SUBMITTALS- All final engineering plans shall have the latest City format.
Three (3) copies of the improvement plans, the 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 and
construction permits. All submittals shall be date -stamped by the engineer and
include the appropriate plan check fee deposits.
Prior to Grading Permit Issuance:
33. GRADING BONDS -Grading in excess of 199 cubic yards will require a
performance security to be posted with the CITY Engineering Department.
34. GRADING CONDITIONS- Prior to issuance of a grading permit, all certifications
affecting grading shall have written clearances. This includes but is not limited to
additional Environmental Assessments, Erosion Control plans, additional
geotechnical and soils reports, Departmental clearances and the amount being
graded. Prior to commencing any grading in excess of 50 cubic yards, the
applicant shall obtain a grading permit and approval to construct from the CITY
Engineering Department. Landscape plans are to be signed and bonded per the
requirements of Ordinance 457. Grading in excess of 199 cubic yards will require
performance security to be posted with the CITY Engineering Department. 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 Engineering Department. A slope stability report shall be
submitted to the Engineering Department for all proposed cut and fill slopes
steeper than 2:1 (horizontal: vertical) or over 10 feet in vertical height.
35. SITE DRAINAGE-1. Positive drainage of the site shall be provided, and water
shall not be allowed to pond behind or flow over cut and fill slopes. Where water
is collected in a common area and discharged, protection of the native soils shall
be provided by planting erosion resistant vegetation, as the native soils are
susceptible to erosion by running water. 2. Maximum inclination of all cut and fill
slopes shall be 2 horizontal to 1 vertical with an 18-inch top of slope shelf and toe
of slope offset from walls, curbs, etc. The shelf shall have a positive grade of
2%. 3. Final determination of the foundation characteristics of soils within on -site
development areas shall be performed by a geotechnical engineer.
36. NPDES/SWPPP REQUIREMENT- This project will disturb one (1) more acres or
is part of a larger project that will disturb one (1) or more acres. Prior to issuance
of any grading or construction permits - whichever comes first, the applicant is
Page 24 of 36
required to comply with the State Water Resources Control Board Order Number
2009-0009-DWQ (NPDES No. CAS000002) for the National Pollutant Discharge
Elimination System Construction General. Clearance for grading shall not be
given until the City Engineering Department has determined that the project
applicant has complied with such Order. A Storm Water Pollution Prevention
Plan (SWPPP) is filed at the City. It shall be revised to include the proposed
building and submitted to the City Engineering Department for review prior to be
certified by the legal responsible person in the SMARTS system. It should
include a copy of the WDID letter from the Board. If a Notice of Termination,
NOT, was filed already, a reduced format SWPPP shall be prepared and
submitted for review in conformance with the 2010 California Green Building
Standards Code.
37. 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.
38. OFFSITE GRADING AND COSTRUCTION EASEMENTS- Prior to the issuance
of a grading permit, it shall be the sole responsibility of the owner/applicant to
obtain any and all proposed or required easements and/or permissions
necessary to perform the grading and construction herein proposed.
39. PLAN SUBMITTALS- Two (2) 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 fee deposits.
40. BMP Improvement Plans. A copy of the BMP improvement plans along with any
necessary documentation shall be submitted to the City for review. A copy of the
improvement plan and grading plan shall be included for reference. The plans
must receive the City's approval prior to issuance of permits. All submittals shall
be date stamped by the engineer and include a completed Flood Control Deposit
Based Fee Worksheet and the appropriate plan check fee deposit. .
41. A Final WQMP shall be submitted for review and approval by the CITY
Engineering Department for all ongoing drainage facilities and maintenance.
42. BMP Maintenance Agreement — Project owner shall execute and record BMP
Maintenance Agreement upon approval of final WQMP.
43. MS4 ON -SITE RETENTION- The CITY Engineering Department requires that the
finished site drainage facilities and/or BMPs retain a maximum of 0.75 inches
times the net area of the site in a bio-retention BMP facility.
Page 25 of 36
Prior to Buildinq Permit Issuance:
44. GRADING CONDITIONS- PRIOR TO ISSUANCE OF ANY BUILDING
PERMITS: The property owner shall obtain a grading permit and approval to
construct from the CITY Engineering Department.
45. PARKWAY DRAINS -The applicant shall provide applicable parkway drains to
channel site water to the new street curb lines per Riverside County Standard
No. 308.
46. 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 (City format) 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.
47. TRAFFIC SIGNAL MITIGATION FEE/COMM-INDUST- In accordance with
Riverside County Ordinance No. 748, this project shall be responsible for Signal
Mitigation Program fees in effect at the time of occupancy or final building permit,
or any use allowed by this permit. Said fee shall be based upon the following
criteria: Industrial/per net acreage, the project net acreage is 2.52 acres.
Prior to Certificate of Occupancy:
48. BMP Education. The developer shall distribute environmental awareness
education materials on general good housekeeping practices that contribute to
protection of stormwater quality to all initial users. The developer may obtain
NPDES Public Educational Program materials from the District's NPDES Section
by either the District's website: www.floodcontro1.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 a notarized affidavit stating that the
distribution of educational materials to the tenants is assured prior to the
issuance of occupancy permits.
49. BMPs Installed. All structural BMPs described in the project -specific WQMP
shall be constructed and installed in conformance with approved plans and
specifications. It shall be demonstrated that the applicant is prepared to
implement all non-structural BMPs described in the approved project specific
WQMP and that copies of the approved project -specific WQMP are available for
the future owners/occupants. The District will not release occupancy permits for
any portion of the project exceeding 80% of the project area prior to the
completion of these tasks.
Page 26 of 36
50. BMP Maintenance. The BMP maintenance plan shall contain provisions for all
treatment controlled BMP's to be inspected, and if required, cleaned no later than
October 15`h each year. Required documentation shall identify the entity that will
inspect and maintain all structural BMP's within the project boundaries. A copy
of all necessary documentation shall be submitted to the City for review and
approval prior to the issuance of occupancy permits.
51. PLANT & IRRIGATED SLOPES- GRADING CONDITIONS TO BE FULFILLED
PRIOR TO FINAL OCCUPANCY APPROVAL: 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.
52. 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 (City
format) shall be submitted for verification/acceptance to the CITY Engineering
Department.
53. 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 and the Development Impact Fees (DIF).
Page 27 of 36
Section IV:
Riverside County Fire Devartment
Page 28 of 36
General Conditions
54. West Fire Protection Planning Office Responsibility. It is the responsibility of
the recipient of these Fire Department conditions to forward them to all interested
parties. The permit number (11-MENI-PP-146) 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
55. City Case Statement. With respect to the conditions of approval for the
referenced project, the Fire Department recommends the following fire protection
measures be provided in accordance with Riverside County Ordinance and/or
recognize fire protection standards.
56. Retroreflective Pavement Markers. Blue retroreflective pavement markers
shall be mounted on private streets, public streets and driveways to indicate
location of fire hydrants. Prior to installation, placement of markers must be
approved by the Riverside County Fire Department.
57. Fire Flow. Minimum required fire flow shall be 1500 GPM for a two (2) hour
duration at 20 PSI residual operating pressure, which must be available before
any combustible material is placed on the job site. Fire flow is based on type VB
construction per the currently adopted CBC and Ordinance 787; "Building(s)
Having a Fire Sprinkler System".
58. Fire Hydrants. Super fire hydrant(s) (6"x4"x 2-2-1/2"), shall be located not less
than 25 feet or more than 250 feet from any portion of the building as measured
along approved vehicular travel ways.
59. Address at Site. The site address shall be clearly posted on the job site
entrance during construction. This will enable incoming emergency equipment
and inspectors to locate the job site from the assigned street. Numbers shall be
a minimum of 24 inches in height.
60. Tank Permits. Applicant and/or developer shall be responsible for obtaining
OXYGEN storage tank permit, from the Riverside County Fire Department.
Tanks must be tested and labeled to UL2085 Protected Tank Standard. 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. Current plan check deposit base fee is $217.00 ofr the
first tank and each additional tank is $32.00.
61. Rapid Hazmat Box. Rapid Entry Hazardous Material Data and Key Storage
Cabinet shall be purchased and installed on outside of the building. Plans
showing the location of cabinet(s) shall be submitted to the Riverside County Fire
Department with our "Plan Review Form" for approval prior to installation.
Page 29 of 36
Prior to Issuance of Building Permit
62. Plan Check. Building Plan check deposit base fee of $1,056.00 shall be paid in a
check or money order to the Riverside County Fire Department after plans have
been approved by our office. Permit Fire Department "Submittal Form" must be
completed and payment provided with the building plans and is available online
at www.rvcfire.org or contact our office for more information.
63. Water Plans. The permitee shall separately submit two copies of the water
system plans to the Fire Department for review and approval. Calculated
velocities shall not exceed 100 feet per second. Plans shall conform to the fire
hydrant types, location and spacing. The system shall meet the fire flow
requirements. Plans shall be signed and approved by a registered civil engineer
and the local water company with the following certification: 1 certify that the
design of the water system is in accordance with the requirements prescribed by
the Riverside County Fire Department."
Prior to Final Inspection
64. Fire Lanes. The permitee shall prepare and submit to the Fire Department for
approval, a site plan designating required fire lanes with appropriate lane painting
and/or signs.
65. Sprinkler System. Install a complete fire sprinkler system per NFPA 13 2010
edition in all buildings requiring a fire flow of 1500 GPM or greater. Sprinkler
systems(s) with pipe sizes in excess of 4" inches 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
buildings(s) will be equipped with automatic fire sprinklers must be included on
the title page of the building plans. Applicant or developer shall be responsible to
install a U.L. Central Station Monitored Fire Alarm System. Monitoring system
shall monitor the fire sprinkler system(s) water flow, P.I.V.'s and all control
valves. Plans must be submitted to the Fire Department for approval prior to
installation. Contact Fire Department for guideline handout.
66. Fire Extinguishers. Install portable fire extinguishers with a minimum rating of
2A-10BC and signage. Fire Extinguishers located in public areas shall be in
recessed cabinets mounted 48" (inches) to center above floor level with
maximum 4" projection from the wall. Contact Fire Department for proper
placement of equipment prior to installation.
67. Hood Ducts. A U.L. 300 hood duct fire extinguisher system must be installed
over the cooking equipment. Wet chemical extinguishing system must provide
automatic shutdown of all electrical components and outlets under the hood upon
activation. System must be installed by a licensed C-16 contractor. Plans must
be submitted with current fee to the Fire Department for review and approval
prior to installation. Note: A dedicated alarm system is not requird to be installed
for the exclusive purpose of monitoring this suppression system. However, a
Page 30 of 36
new or pre-existing alarm system must be connected to the extinguishing
system. Separate fire alarm/monitoring plans must be submitted along with our
"Plan Review Form" for review prior to connection.
68. Title 19. Comply with Title 19 of the California Administrative Code.
Page 31 of 36
secLi o'en �
Riverside Co nEnv�ranmsnW
Health ondKoons ®f „ jgjovee0
Page 32 of 36
General Conditions
69. General Comments. This project is proposing Eastern Municipal Water District
(EMWD) water and sewer service. Per Memorandum of Understanding between
the County of Riverside and EMWD, no "will -serve" letters are required for
projects located within their service area. It is the responsibility of the permitee to
ensure that all requirements to obtain water and sewer service are met with
EMWD, as well as, all other applicable agencies.
70. Local Enforcement Agency (LEA). The Medical Waste Management Act
(MWMA) defines a medical waste generator as any person, whose act or
process produces medical waste and includes, but is not limited to, a provider of
health care as defined in subdivision (a) of Section 56.05 of the Civil Code. In
order to determine if registration requirements for medical waste generators
apply to this facility, as well as, identify any additional medical waste regulatory
requirements, this facility shall contact the County of Riverside, Local
Enforcement Agency at (951) 955-8982.
Prior to Building Final/Occupancy Conditions
71. Business Emergency Plan. The facility will require a business emergency plan
for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or
500 pounds, or any acutely hazardous materials or extremely hazardous
substances. If further review of the site indicates additional environmental health
issues, the Hazardous Materials Management Branch reserves the right to
regulate the business in accordance with applicable County Ordinances. Contact
a Hazardous Materials Specialist, Hazardous Materials Management Branch, at
(951) 766-6524 for any additional requirements.
Page 33 of 36
C oon VI
' verso'ds Coun Lnv,ff(Onm(9rnM
Prop rams Doament
CondUons of Ajaprova�
Page 34 of 36
72. Burrowing Owl. Pursuant to Objective 6 and Objective 7 of the Species
Account for the Burrowing Owl included in the Western Riverside County Multiple
Species Habitat Conservation Plan, within 30 days prior to the issuance of a
grading permit, a pre -construction presence/absence survey for the burrowing
owl shall be conducted by a qualified biologist and the results of this
presence/absence survey shall be provided in writing to the Environmental
Programs Department. If it is determined that the project site is occupied by the
Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP
and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present,
relocation outside of the nesting season (March 1 through August 31) by a
qualified biologist shall be required. The County Biologist shall be consulted to
determine appropriate type of relocation (active or passive) and translocation
sites. Occupation of this species on the project site may result in the need to
revise grading plans so that take of "active" nests is avoided or alternatively, a
grading permit may be issued once the species has been actively relocated.
If the grading permit is not obtained within 30 days of the survey a new survey
shall be required.
No ground disturbance, including disking, blading, grubbing or any similar activity
shall occur within the site until the burrowing owl study is reviewed and approved.
Page 35 of 36
The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
Signed
Name (please print)
Date
Title (please print)
Page 36 of 36