PC13-138RESOLUTION NO. PC 13-138
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE APPROVING EXTENSION OF TIME NO. 2012-167 FOR THE
SECOND ONE-YEAR EXTENSION OF TIME AND EXTENSION OF
TIME NO. 2013-193 FOR THE THIRD ONE-YEAR EXTENSION OF
TIME FOR PLOT PLAN NO. 2009-052 FOR THE MENIFEE LAKES
PLAZA SHOPPING CENTER.
Whereas, on November 10, 2009, the Planning Commission approved Plot Plan
(Plot Plan No. 2009-052) and Conditional Use Permits (CUP 3487, CUP 2009-084 and
CUP 2009-085) for the construction and operation of the Menifee Lakes Plaza Shopping
Center and adopted a Mitigated Negative Declaration (EA40567) for the project; and
Whereas, Ordinance 348, Section 18.30, g provides for extensions on the Plot
Plan if valid reason exists for the permittee not using the permit within the required
period of time; and
Whereas, on October 16, 2012, the applicant, MDMG Inc., filed a formal
application with the City of Menifee for Extension of Time No. 2012-167 for the second
one-year extension of time for Plot Plan No. 2009-052 for the Menifee Lakes Shopping
Center located at the northwest corner of Newport and Antelope Road in the City of
Menifee; and
Whereas, on September 20, 2013, the applicant, MDMG Inc., filed a formal
application with the City of Menifee for Extension of Time No. 2013-193 for the third one-
year extension of time for Plot Plan No. 2009-052 for the Menifee Lakes Shopping
Center located at the northwest corner of Newport and Antelope Road in the City of
Menifee; and
Whereas, on September 10, 2013 and October 8, 2013, the Planning
Commission held duly noticed public hearings on the Project, considered all public
testimony as well as all materials in the staff report and accompanying documents for
Extension of Time No. 2012-167 which hearing was publicly noticed by a publication in
the newspaper of general circulation, an agenda posting, and notice to property owners
within 1,000 feet of the Project boundaries, and to persons requesting public notice; and
Whereas, on October 8, 2013, the Planning Commission held a duly noticed
public hearing on the Project, considered all public testimony as well as all materials in
the staff report and accompanying documents for Extension of Time No. 2013-193 which
hearing was publicly noticed by a publication in the newspaper of general circulation, an
agenda posting, and notice to property owners within 300 feet of the Project boundaries,
and to persons requesting public notice; and
Whereas, at the October 8, 2013 Planning Commission public hearing, the
Commission found that:
1. A valid reason exists for the applicant or his/her successor -in -interest for not
using the Plot Plan within the required period of time.
A valid reason exists for the applicant not using the Plot Plan in the required
period of time. Economic factors relevant to development in the City and Inland
Empire region including vacancy rates, the availability of financing and market
demand has resulted in the inability to construct the project within the two-year
time frame allotted by the ordinance. The Inland Empire's regional economy was
Resolution No PC 13-138
2012-167 EOT, 2013-193 EOT
October 8, 2013
hit harder in the recent downturn than the nation as a whole. Further, the
region's economic recovery has remained generally tepid over the past twelve
(12) months. Due to the current economic climate, the developer has been
unable to secure tenants and financing to construct the project. The overall
economic downturn affecting the City and Inland Empire is a valid reason for the
developer to have not "used" the Plot Plan or have started substantial
construction of the Plot Plan in the two-year time period specified by the
conditions of approval.
2. 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 extensions of time for the Plot Plan application were
analyzed in an Environmental Assessment/Mitigated Negative Declaration
prepared for the original Plot Plan application (2009-052 PP) and original
Conditional Use Permits (CUP 3487, CUP 2009-084 and CUP 2009-085), which
was adopted by the City of Menifee Planning Commission. No new
environmental impacts have been identified or are anticipated. No further
environmental review is required at this time. The previously prepared MND is
still accurate and applicable for this approval.
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
1. The Findings, including the public necessity and convenience finding, set
out above are true and correct.
2. Extension of Time No. 2012-167 and Extension of Time No. 2013-193 are
approved subject to the Conditions of Approval as set forth in Exhibit "T'
to this Resolution and as approved by the Planning Commission on
October 8, 2013.
3. Development and use of certain components of the Plot Plan are subject to
approval of separate Conditional Use Permits.
Resolution No PC 13 -13 8
2012-167 EOT, 2013-193 EOT
October 8, 2013
PASSED, APPROVED AND ADOPTED THIS 8" DAY OF OCTOBER 2013.
Liesemeyer, Ploh(ng Commission
ATTEST:
Je fifer Ilen, Nanning Commission Secretary
Approved as to form:
Julie°Hayward Biggs, ty Attorney
Scott A. Mann
Mayor
Wallace W. Edgerton
Deputy Mayor
John V. Denver
Councilmember
Thomas Fuhrman
Councilmember
Greg August
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofinenifeems
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. PC13-138 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
8th day of October, 2013 by the following vote:
Ayes:
Liesemeyer, Matelko, Phillips, Sobek, Thomas
Noes:
None
Absent:
None
Abstain:
None
Jennife,P'Allen, Planning Commission Secretary
EXHIBIT 91"
Conditions of Approval for Plot Plan No. 2009-052
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Flood Control District
Conditions of Approval
Section V: Riverside County Fire Department Conditions
of Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
Conditions of Approval for Plot Plan No. 2009-052 1 of 46
(Second Extension of Time No. 2012-167)
Section I:
Conditions Applicable to all
Departments
Conditions of Approval for Plot Plan No. 2009-052 2 of 46
(Second Extension of Time No. 2012-167)
General Conditions
1. Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Plot Plan No. 2009-052 shall be
henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2009-052, , dated July
3, 2013.
APPROVED EXHIBIT B = Elevations for Plot Plan No. 2009-052, Amended
No. 1, dated March 4, 2009.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2009-052,
Amended No. 1, dated March 4, 2009.
APPROVED EXHIBIT L = Landscaping Plans for Plot Plan No. 2009-052,
Amended No. 1, dated July 14, 2008.
APPROVED EXHIBIT M = Colors and Material Board for Plot Plan No.
2009-052, Amended No. 1, dated March 4, 2009.
APPROVED EXHIBIT S = Sign Program for Plot Plan No. 2009-052,
Amended No. 1, dated August 26, 2009.
2. Project Description Plot Plan No. 2009-052. The use hereby permitted is
for a commercial shopping center with three (3) major stores ranging in size
from 15,000 sq. ft. to 30,000 sq. ft., one (1) 6,500 sq. ft. building for shops,
nine (9) buildings for future retail use ranging in size from 3,850 sq. ft. to
11,200 sq. ft., one (1) gas service station including a car wash, tube center,
gas canopy and a convenience store, and one (1) four-story 48,500 sq. ft.
hotel with 70 rooms.
Variance No. 1782 allows for additional signage. The following signs are
allowed: one (1) freeway pylon sign, one (1) pylon sign (located on Newport
Road), two (2) gas station monument signs and (4) tenant monument signs
(one sign at each entrance to the project). In addition, the freeway pylon sign
can have a maximum height of fifty-five (55) feet. The variance also allows
for the surface area of the freeway pylon sign to be a maximum of 650 square
feet.
3. Indemnification. The developer/applicant shall indemnify, protect, defend,
and hold harmless, the City and County and any agency or instrumentality
thereof, and/or any of its officers, employees and agents (collectively the
"City and County") from any and all claims, actions, demands, and liabilities
arising or alleged to arise as the result of the applicant's performance or
failure to perform under this Plot Plan or the City's and County's approval
thereof, or from any proceedings against or brought against the City or
County, or any agency or instrumentality thereof, or any of their officers,
employees and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an action by the City or County, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body
Conditions of Approval for Plot Plan No. 2009-052 3 of 46
(Second Extension of Time No. 2012-167)
including actions approved by the voters of the City, concerning
Environmental Assessment No. 40567, Plot Plan No. 2009-052, Conditional
Use Permit No. 3487, Conditional Use Permit No. 2009-084, Conditional Use
Permit No. 2009-085, Tentative Parcel Map No. 34318 and Variance No.
1782.
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 also will
identify and fund mitigation measure under CEQA through development
impact fees. The developer understands and agrees to pay such 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.
6. Mitigation Monitoring Plan. The developer shall comply with the mitigation
monitoring plan (attached).
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. Ceased Operations. In the event the use hereby permitted ceases operation
for a period of one (1) year or more, this approval shall become null and void,
except as sooner provided under a conditional use permit or other specific
approval.
9. Business License. Every person conducting a business within the City of
Menifee, as defined in Ordinance No. 857, shall obtain a business license.
For more information regarding business registration, contact the City Clerk.
10. Expiration. 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
Conditions of Approval for Plot Plan No. 2009-052 4 of 46
(Second Extension of Time No. 2012-167)
approval within two (2) year period which is thereafter diligently pursued to
completion or to the actual occupancy of existing buildings or land under the
terms of the authorized use. Prior to the expiration of the two year period, the
permittee may request a one (1) year extension of time in which to begin
substantial construction or use of this permit. Should the time period
established by any of the extension of time requests lapse, or should all three
one-year extensions be obtained and no substantial construction or use of
this plot plan be initiated within five (5) years of the effective date of the
issuance of this plot plan, this plot plan shall become null and void.
Conditions of Approval for Plot Plan No. 2009-052 5 of 46
(Second Extension of Time No. 2012-167)
Section II:
Planninq Conditions of A
General Conditions
3roval
Comply with County Geologic Report. The developer shall comply with
the recommendations of the Geologic Report. County Geologic Report
(GEO) No. 1635, submitted for this project (PM34318 & CUP03487), was
prepared by Global Geo-Engineering, Inc. and is entitled: "Geotechnical
Evaluation and Additional Investigation, Proposed Commercial
Development, Northwest Corner of Antelope Road and Newport Road,
Conditions of Approval for Plot Plan No. 2009-052 6 of 46
(Second Extension of Time No. 2012-167)
Menifee Area, Riverside County, California" dated June 21, 2005. In
addition (GEO) No. 1635 included two earlier reports prepared for this site,
one prepared by Geocon Inland Empire, Inc. entitled "Menifee Retail
Center, Antelope Road and Newport Road, Menifee Area, Riverside
County, California, Geotechnical Investigation" dated September 30, 2004
and the other entitled "Final Compaction Report, Parcel Map 21838, Parcel
17 (Product Area 1-1), Menifee Village, County of Riverside, California"
dated October 9, 1987.
GEO No. 1635 concluded:
1) The site is likely to be subjected to moderate to severe ground
shaking during the expected life span of the project. This is
considered the primary geologic hazard for this site. The nearest
active fault is the Elsinore Fault Zone. The project site is in seismic
Zone 4 as defined in the California (Uniform) Building Code.
2) Liquefaction potential resulting from the effects of strong ground
shaking are considered to be negligible due to the fact that the
upper soils encountered in the exploratory borings exhibited
relatively high in place densities and groundwater was not
encountered in the borings.
3) The on -site soils have a low expansion potential.
4) The onsite soils have a relatively high corrosion potential for buried
metals, but are non -corrosive to Portland concrete cement.
5) The onsite surficial soils consist of previously placed compacted fill
considered to be suitable for support of the proposed structures.
6) Other geologic hazards including fault rupture, subsidence,
landslides and tsunamis/seiche are considered low or negligible on
this site.
GEO No. 1635 recommended:
1) The existing surficially degraded fills soils should be processed to
the depth of firm, moist previously placed engineered fill prior to
placing any additional fill.
2) The proposed structures may be supported on shallow spread
footings founded in existing or newly placed compacted fill. Where
grades are proposed to be altered from the existing elevations,
footing areas should be over -excavated to provide at least one foot
of compacted fill below the footing subgrades.
3) The on -site soils are considered acceptable for use as compacted
fill provided they are cleaned of debris, vegetation and other organic
matter and rocks greater than 8 inches in diameter.
Conditions of Approval for Plot Plan No. 2009-052 7 of 46
(Second Extension of Time No. 2012-167)
4) Based on resistivity tests, Type II Portland cement is acceptable for
all concrete elements in contact with the site soils.
5) Subdrains should be provided behind any retaining walls and should
consist of 4-inch diameter schedule 40 PVC pipe, one cubic foot per
linear foot gravel wrapped in a geotextile (Mirafi 140N or equivalent)
and outlet into an approved drainage device. In addition, retaining
wall backfills should consist of imported granular soils.
6) Native on site soils are acceptable for use as utility trench backfills if
properly placed and compacted.
7) All new construction should be designed in accordance with the
seismic parameters in the 2001 California Building Code for seismic
zone 4.
8) The site should be properly sloped to direct water away from all
structures
GEO No. 1635 satisfies the requirement for a Geotechnical study for
Planning/CEQA purposes. GEO No. 1635 is hereby accepted for Planning
purposes. The project shall comply with the recommendations of the
Geologic Report. Engineering and other Uniform Building Code parameters
where not included, as a part of this review or approval and this approval is
not intended, and should not be misconstrued as approval for grading
permit. Engineering and other building code parameters will be reviewed
and additional comments and/or conditions may be imposed by the Building
and Safety Department upon application for grading and/or building
permits.
Comply with Ordinance. The development of these premises shall comply
with the standards of Ordinance No. 348 and all other applicable
ordinances and State and Federal codes.
The development of the premises shall conform substantially with that as
shown on APPROVED EXHIBIT A, unless otherwise amended by these
conditions of approval.
3. Phases. Construction of this project may be done progressively in phases
provided a plan is submitted with appropriate fees to the Planning
Department and approved prior to issuance of any building permits.
Phasing approval shall not apply to the requirements of any agency other
than the Planning Department unless so indicated by the affected agency.
4. Outside Lighting. Any outside lighting shall be hooded and directed so as
not to shine directly upon adjoining property or public rights -of -way.
5. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT M.
Conditions of Approval for Plot Plan No. 2009-052 8 of 46
(Second Extension of Time No. 2012-167)
6. 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 Ordinance No. 460, and any other pertinent
ordinance.
7. Parking. Parking for this project was determined primarily on the basis of
Ordinance No. 348, Section 18.12. a.(2).b),
General Retail Uses: 5.5 spaces per 1,000 sq. ft. of floor area.
Hotel: 1 space per room AND 2 spaces for hotel manager
Total Parking Required: 782 spaces
Total Parking Provided: 783 spaces
A minimum of 787 parking spaces shall be provided as shown on the
APPROVED EXHIBIT A, unless otherwise approved by the Planning
Department. The parking area shall be surfaced with asphaltic concrete,
concrete, or porous paving, to current standards as approved by the
Department of Building and Safety.
A minimum of sixteen (16) 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.
Loading Spaces:
A minimum of fifteen (15) loading spaces shall be provided as shown on
APPROVED EXHIBIT A. The loading spaces for major tenants shall be
surfaced with six (6) inches of concrete over a suitable base and shall not
be less than 10 feet wide by 35 feet long, with 14 feet vertical clearance.
Conditions of Approval for Plot Plan No. 2009-052 9 of 46
(Second Extension of Time No. 2012-167)
Bicycle Racks:
Bicycle racks with a minimum of 24 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.
8. Loading Areas. Loading and/or unloading of goods/supplies for tenants
within this shopping center shall occur in designated loading areas as
shown on EXHIBIT A only. No loading or unloading is allowed in front of
the stores or within drive aisles. Loading areas shall be kept free of debris
and clean.
9. Signage. Signage for this project shall be limited to eight (8) freestanding
signs as allowed by the variance. Any additional signage shall be approved
by the Planning Department pursuant to the requirements of Section 18.30
(Planning Department review only) of Ordinance No. 348.
10. Reclaimed Water. The permit holder shall install purple pipes and connect
to a reclaimed water supply for landscape watering purposes when
secondary or reclaimed water is made available to the site.
11. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this plot plan as a principal place of
residence. No person shall use the premises as a permanent mailing
address nor be entitled to vote using an address within the premises as a
place of residence.
12. Exterior Noise Levels. Exterior noise levels produced by any use allowed
under this permit, including, but not limited to, any outdoor public address
system, shall not exceed 55 db(A), 10-minute LEQ, between the hours of
10:00 p.m. to 7:00 a.m., and 65 db(A), 10-minute LEQ, at all other times as
measured at any residential, hospital, school, library, nursing home or other
similar noise sensitive land use. In the event noise exceeds this standard,
the permittee or the permittee's successor -in -interest shall take the
necessary steps to remedy the situation, which may include discontinued
operation of the facilities.
13. Noise Monitoring Report. The permit holder may be required to submit
periodic noise monitoring reports as determined by the Department of
Building and Safety as part of a code enforcement action. Upon written
notice from the Department of Building and Safety requiring such a report,
the permittee or the permittee's successor -in -interest shall prepare and
submit an approved report within thirty (30) calendar days to the
Department of Building and Safety, unless more time is allowed through
written agreement by the Department of Building and Safety. The noise
monitoring report shall be approved by the Office of Industrial Hygiene of
the Health Service Agency (the permittee or the permittee's successor -in -
interest shall be required to place on deposit sufficient funds to cover the
costs of this approval prior to commencing the required report).
Conditions of Approval for Plot Plan No. 2009-052 10 of 46
(Second Extension of Time No. 2012-167)
14. Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be
provided for the loading spaces located in the rear of Majors 1, 2 and 3.
The intent of this condition is to provide electrical hook-ups for refrigerated
trailers that will be parked at the facility for more than 15 minutes. The use
of truck engines or auxiliary power units to power refrigerated trailers for
extended periods of time is not allowed.
15. No Extended Stay. An extended stay hotel is not allowed subject to this
approval. No building permits shall be issued for an extended type hotel.
16. No Outdoor Storage. No outdoor storage is allowed, including in the rear
of the majors, shops and pads located along Interstate 215.
17. Greenhouse Gases.
a. The project is required to incorporate enhanced energy efficiency
standards to minimize energy consumption and compliance with Measure
XVI. The project must exceed 2005 Title 24 Building Energy Efficiency
minimum requirements by a minimum of 14% or meet/exceed 2008 Title 24
minimum requirements.
b. Low or Non-VOC Paints. Only low- and non-VOC containing paints,
sealants, adhesives and solvents shall be utilized in the construction of this
project.
18. Sidewalk. The sidewalk along Newport Road shall be kept in a usable
condition throughout the life of the permit and shall match up with any
future Caltrans improvements.
19. No Idling. To reduce diesel truck emissions, the project has been
conditioned to install signs in loading areas stating "The driver of a diesel -
fueled motor vehicle with a gross vehicle weight rating (GVWR) greater
than 10,000 pounds is prohibited from idling the vehicle's primary engine for
more than five (5) minutes at any location and may not operate a diesel
fueled auxiliary power system (APS) for more than 5 minutes at any
location within 100 feet of a restricted area (residences). Electrical
connections have been provided for your use. The minimum penalty for an
idling violation is $300.00. To report a violation please contact 1800-END-
SMOG".
ARCHEOLOGY
20. 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 a reasonable
timeframe. Subsequently, the Native American Heritage Commission shall
Conditions of Approval for Plot Plan No. 2009-052 11 of 46
(Second Extension of Time No. 2012-167)
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.
21. 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.
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
22. 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 Building and Safety
Department and the State air quality management authorities.
23. Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition throughout the life of this permit. To
ensure that this occurs, the Planning Department shall require inspections
prior to building permit final inspection.
24. 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:
Conditions of Approval for Plot Plan No. 2009-052 12 of 46
(Second Extension of Time No. 2012-167)
25. Processing Fees for 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. 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
26. 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. 2009-052 13 of 46
(Second Extension of Time No. 2012-167)
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.
27. 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 E.A.
No. 40567 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.
ARCHEOLOGY
28. Archeologist Retained. Prior to the issuance of grading permits, a
qualified archaeologist shall be retained by the land divider for consultation
and comment on the proposed grading with respect to potential impacts to
unique archaeological resources. Should the archaeologist, after
consultation with the appropriate Native American tribe, find the potential is
high for impact to unique archaeological resources (cultural resources and
sacred sites), a pre -grading meeting between the archaeologist, a Native
Conditions of Approval for Plot Plan No. 2009-052 14 of 46
(Second Extension of Time No. 2012-167)
American observer, and the excavation and grading contractor shall take
place. During grading operations, when deemed necessary in the
professional opinion of the retained archaeologist (and/or as determined by
the Planning Director), the archaeologist, the archaeologist's on -site
representative(s) and the Native American Observer shall actively monitor
all project -related grading and construction and shall have the authority to
temporarily divert, redirect, or halt grading activity to allow recovery of
unique archaeological resources. Prior to the issuance of grading permits,
the NAME, ADDRESS and TELEPHONE NUMBER of the retained
archaeologist shall be submitted to the Planning Department and the B&S
Grading Division. If the retained archaeologist, after consultation with the
appropriate Native American tribe, finds no potential for impacts to unique
archaeological resources, a letter shall be submitted to the Planning
Department certifying this finding by the retained qualified archaeologist.
29. Native American Monitoring. Tribal monitor(s) from the appropriate
Native American Tribe(s) shall be required on -site during all ground
disturbing activities, including grading, stockpiling of materials, engineered
fill, rock crushing, etc. The land divider/permit holder shall retain a qualified
tribal monitor from the Pechanga Band of Luiseno Indians. Prior to issuance
of a grading permit, the developer shall submit a copy of a fully signed
contract between the above mentioned Tribe and the land divider/permit
holder for the monitoring and any necessary mitigation of the project, and
which addresses the treatment of cultural resources, to the Planning
Department and to the Department of Building and Safety. The Native
American Monitor(s) shall have the authority to temporarily divert, redirect
or halt the ground disturbance activities to allow recovery of cultural
resources, in coordination with the Project Archaeologist. Added at by
Planning Commission at November 10, 2009 Planning Commission
Meeting.
FEES
30. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit,
the applicant shall comply with the provisions of Ordinance No. 663, which
generally requires the payment of the appropriate fee set forth in that
ordinance. The amount of the fee required to be paid may vary depending
upon a variety of factors, including the type of development application
submitted and the applicability of any fee reduction or exemption provisions
contained in Ordinance No. 663. Said fee shall be calculated on the
approved development project which is anticipated to be 16.35 acres
(gross) in accordance with APPROVED EXHIBIT NO. A. If the development
is subsequently revised, this acreage amount may be modified in order to
reflect the revised development project acreage amount. In the event
Ordinance No. 663 is rescinded, this condition will no longer be applicable.
However, should Ordinance No. 663 be rescinded and superseded by a
subsequent mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
31. Processing Fees. Prior to issuance of grading permits, the Planning
Department shall determine if the deposit based fees for Plot Plan No.
Conditions of Approval for Plot Plan No. 2009-052 15 of 46
(Second Extension of Time No. 2012-167)
2009-052 are in a negative balance. If so, any outstanding fees shall be
paid by the applicant/developer.
Prior to Issuance of Building Permit
32. Acoustical Report. The permittee shall have four (4) copies of a certified
acoustical study performed by a professional acoustician prepared which
outlines methods by which interior sound levels within the hotel will be
maintained at no more than 45 db(A) and that airborne sound insulation
methods will comply with Chapter 35 of the Uniform Building Code. The
study shall be submitted to the Health Services Agency, Office of industrial
Hygiene for review and comment (the permittee may be assessed review
fees not to exceed the Agency's hourly rate) and shall forward the study
along with any comments of the Health Service Agency and corrections to
the Planning Department for approval. Approval of the report is required
prior to building permit issuance for the hotel building.
33. Dark Sky Ordinance. All street 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
Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", and the
General Plan.
34. 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.
35. Floor Plans. Floor plans shall be in substantial conformance with that
shown on APPROVED EXHIBIT C.
36. Fencing. A fencing plan shall be submitted showing all wall and fence
locations and typical views of all types of fences or walls proposed. This
plan shall require anti -graffiti coatings on fences and walls, where
applicable.
37. 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 E.A.
No. 40567 which must be satisfied prior to the issuance of a building permit.
The Planning Director may require inspection or other monitoring to ensure
such compliance.
38. Material Board. The permittee shall submit three 4" x 4" color and finish
samples of all distinct colors and surfaces for Planning Department
approval. Coloration shall be compatible with the colors contained in Exhibit
M.
39. Stamped Concrete. The developer shall submit plans for the stamped
concrete areas as shown on Exhibit A for review and approval by the
Planning Department. The plans shall indicate the design and materials to
Conditions of Approval for Plot Plan No. 2009-052 16 of 46
(Second Extension of Time No. 2012-167)
be used. The plans shall be in substantial conformance to Approved
Exhibit A.
40. Legal Descriptions. Prior to the issuance of any building permit within a
Planning Area of Specific Plan No. 158 (Menifee California Specific Plan),
the first applicant, or their successor -in -interest, for a building permit within
each Planning Area shall submit to the Planning Department correct legal
descriptions for the Specific Plan Planning Area(s) within which the
proposed project is located.
41. Lighting Plan. Prior to building permit issuance, the developer shall
submit a lighting plan for the project site for review and approval by the
Planning Department. The lighting plan shall include parking lot lighting,
lighting along sidewalks within the shopping center and lighting affixed to
the buildings. Lighting fixtures shall be architecturally enhanced and no
shoe box lighting will be allowed within the project site. Added at by
Planning Commission at November 10, 2009 Planning Commission
Meeting. Approval of the lighting plan is required prior to building permit
issuance.
42. Architecture. Prior to building permit issuance, revised elevations shall be
provided to the Planning Department. The architecture for the site shall be
revised to include additional enhancements and architectural articulation as
approved by the Community Development Director. Added at by Planning
Commission at November 10, 2009 Planning Commission Meeting.
43. Drive Aisle Configuration Between Pad 2 and Pad 3. The final design of
the drive aisles and parking area between Pad 2 and Pad 3 shall be
determined by the Engineering Department or as approved by the City
Manager prior to issuance of the first building permit for the project. In
addition, prior to the issuance of the first building permit, a final site plan
shall be submitted showing the approved revised configuration. Added at
by Planning Commission at November 10, 2009 Planning Commission
Meeting.
44. Security Systems. Prior to the issuance of building permits, the applicant
shall prepare a security plan for the site. The security plan shall include a
comprehensive security camera system that clearly depicts the parking
field. The security camera system shall be based in one of the buildings
containing the management office for this development, or inside a security
office located within one of the retail buildings that is accessible to law
enforcement at all times of the day and night or other location as approved
by the Sherriff's Department. This security camera system shall have a
recording capacity to minimally save footage for the period of one month.
The above camera surveillance system shall include LPR (License Plate
Recognition) cameras installed at the entrances/exits to this project. LPR
cameras are cameras specifically designed to read and record vehicle
license plates as they enter and exit the shopping center. It should be
noted that high quality day/night vision LPR cameras are relatively
inexpensive. The Sherriff's Department and/or Planning Department shall
Conditions of Approval for Plot Plan No. 2009-052 17 of 46
(Second Extension of Time No. 2012-167)
verify that the security system has been installed prior to final occupancy.
Added per EOT 2
FEES
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 applicant/developer.
46. Perris Union School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
47. Menifee Union School District. Impacts to the Menifee Union School
District shall be mitigated in accordance with California State law.
LANDSCAPING
48. Landscaping Plan. The developer shall submit three (3) sets of Final
Landscaping and Irrigation Plans to the Planning Department for review
and approval. Said plan shall be submitted to the Department in the form of
a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1)
(Plot Plans not subject to the California Environmental Quality Act and not
subject to review by any governmental agency other than the Planning
Department), along with the current fee. The plan shall be in compliance
with APPROVED EXHIBIT L, Menifee Municipal Code Chapter 15.04 and
the conditions of approval. The plan shall show all common open space
areas. The plan shall address all areas and conditions of the project
requiring landscaping and irrigation to be installed including, but not limited
to, (slope planting, common area and/or park landscaping). The plan shall
show landscaping within the previous driveway entrance area from Newport
Road, which has been removed through review and approval of Extension
of Time 2012-167, although not shown as a landscaped area on
APPROVED EXHIBIT L. 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. Approval of landscaping plans is required prior
to building permit issuance.
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 -
Conditions of Approval for Plot Plan No. 2009-052 18 of 46
(Second Extension of Time No. 2012-167)
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. Revised COA
per EOT 2
49. Landscape Inspections. Prior to issuance of building permits, the permit
holder shall open a Landscape deposit based fee account case and deposit
the prevailing deposit amount to cover the pre -installation, installation, Six
Month and One Year Landscape Inspections. The amount of hours for the
pre -installation, installation, 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. Revised per EOT 2
Prior to Final Inspection
50. Roof -Mounted Equipment. Roof -mounted equipment shall be shielded
from ground view and views from the adjacent Interstate 215 on -ramp to
the west and southwest. Screening material shall be subject to Planning
Department approval.
51. Trash Enclosures. Thirteen (13) trash enclosures which are adequate to
enclose a minimum of twenty-six (26) bins shall be located as shown on the
APPROVED EXHIBIT A, and shall be constructed prior to the issuance of
occupancy permits. The trash enclosures shall be architecturally enhanced.
The enclosures shall be a minimum of six (6) feet in height and shall be
made with masonry block and a solid gate which screens the bins from
external view. 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
Conditions of Approval for Plot Plan No. 2009-052 19 of 46
(Second Extension of Time No. 2012-167)
symbol and with signage indicating to the users the type of material to be
deposited in each bin.
52. Phasing. If the project has been phased, all facilities meant to serve the
current phase of development shall be installed in a usable condition.
Project landscaping may not all be deferred until the final phase.
53. Condition Compliance. The Department of Building and Safety 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.
54. 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 E.A. No. 40567. The Planning Director may require inspection or other
monitoring to ensure such compliance.
55. Comply with Acoustical Study. The permit holder shall construct and
design the project in compliance with the recommendations of an approved
acoustical study, as reviewed and, as the case may be, modified by the
Department of Environmental Health, Office of Industrial Hygiene and
approved by the Planning Department.
The permit holder may be required to submit to the Planning Department a
written certification from a state licensed professional that the project was
constructed in compliance with the recommendations of the approved
acoustical study. The Planning Department may require further inspection
by county staff to assure project compliance with this condition of approval.
56. Remove Outdoor Advertising. All existing outdoor advertising displays,
signs or billboards shall be removed.
57. Pool Fencing. All swimming pools and spas shall be properly enclosed
with minimum five (5) foot high fencing and self -latching gates as required
by the state building code (Title 24), notwithstanding any other provisions of
Ordinance No. 421 to the contrary. Commercial/Public Swimming pools and
spas shall provide or access by physically -handicapped persons.
58. Stamped Concrete. Stamp concrete shall be installed as shown on
APPROVED EXHIBIT A.
59. Outdoor Seating. Outdoor seating shall be provided as shown on
Approved Exhibit A.
60. Security Systems. The Riverside County Sheriff Department and/or
Planning Department shall verify that the security system has been installed
in compliance with the Riverside County Sherriff Department's
requirements prior to final occupancy. Added per EOT 2
61. Final Planning Inspection. The permittee shall obtain final occupancy
sign -off from the Planning Division for each building permit issued by
Conditions of Approval for Plot Plan No. 2009-052 20 of 46
(Second Extension of Time No. 2012-167)
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. Added per EOT 2
LANDSCAPING
62. Soil Management Plan
The permittee 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?"
Added per EOT 2
63. Landscape Inspection. The permit holder's landscape architect
responsible for preparing the Landscaping and Irrigation Plans shall
arrange for an Installation Inspection with the Planning Department at least
fifteen (15) working days prior to final Inspection of the structure or
issuance of occupancy permit, whichever occurs first. Upon successful
completion of the Installation Inspection and compliance, both the Planning
Department's Landscape Inspector and the permit holder's landscape
architect shall execute a Certificate of Completion that shall be submitted to
the Planning Department and the Department of Building and Safety.
64. Landscape Installation. All required landscape planting and irrigation shall
have been installed in accordance with approved Landscaping, Irrigation,
and Shading Plans, Ordinance No. 859 (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.
65. Curbs for Landscape 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.
FEES
66. 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 Ordinance No. 659, 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
Conditions of Approval for Plot Plan No. 2009-052 21 of 46
(Second Extension of Time No. 2012-167)
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 fee shall be paid for each residential unit to be constructed within this
land division. 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 mitigation fee ordinance,
payment of the appropriate fee set forth in that ordinance shall be required.
67. Open Space Fee. Prior t
o
The amount of the fee will be based on the "Project Area" as defined in the
Ordinance and the aforementioned Condition of Approval.
The Project Area for Plot Plan No. 2009-052 is calculated to be 16.35 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 a subsequent mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
68. 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. 2009-052 22 of 46
(Second Extension of Time No. 2012-167)
Section III:
Enqineerinq/Transportation/
Gradinq Conditions of A
rova I
Conditions of Approval for Plot Plan No. 2009-052 23 of 46
(Second Extension of Time No. 2012-167)
General Conditions
69. Grading Requirements. Improvements such as grading, filling, over
excavation and recompaction, and base or paving which require a grading
permit are subject to the included Building and Safety Department Grading
Division conditions of approval.
All grading shall conform to the California Building Code, Ordinance 457,
and all other relevant laws, rules, and regulations governing grading in
Riverside County and prior to commencing any grading which includes 50
or more cubic yards, the applicant shall obtain a grading permit from the
Building and Safety Department.
Ordinance 457 requires a grading permit prior to clearing, grubbing, or any
top soil disturbances related to construction grading.
70. Slopes. Graded slopes shall be limited to a maximum steepness ratio of
2:1 (horizontal to vertical) unless otherwise approved.
71. Drainage Grade. Minimum drainage grade shall be 1% except on portland
cement concrete where .35% shall be the minimum.
72. Slope Setbacks. Observe slope setbacks from buildings & property lines
per the Uniform Building Code as amended by Ordinance 457.
73. Parking Paving. All off-street parking areas which are conditioned to be
paved shall conform to Ordinance 457 base and paving design and
inspection requirements.
74. Paving Inspections. The developer/applicant shall be responsible for
obtaining the paving inspections required by Ordinance 457.
75. Traffic Study. The Transportation Department has reviewed the traffic
study submitted for the referenced project. The study has been prepared in
accordance with County -approved guidelines. We generally concur with the
findings relative to traffic impacts.
The General Plan circulation policies require a minimum of Level of Service
'C', except that Level of Service 'D' may be allowed in community
development areas at intersections of any combination of secondary
highways, major highways, arterials, urban arterials, expressways or state
highways and ramp intersections.
The study indicates that it is possible to mitigate the project's impacts for
the following intersections based on the traffic study assumptions.
Haun Road (NS) at:
Newport Road (EW)
1-215 Southbound Ramps (NS) at:
Newport Road (EW)
Conditions of Approval for Plot Plan No. 2009-052 24 of 46
(Second Extension of Time No. 2012-167)
1-215 Northbound Ramps (NS) at: Newport Road (EW)
Antelope Road (NS) at:
Balsa Road (EW)
Pampas Street (EW)
Palm Villa Drive (EW)
Newport Road (EW)
La Piedra Road (EW)
Menifee Road (NS) at:
Newport Road (EW)
As such, the proposed project is consistent with this General Plan policy.
The associated conditions of approval incorporate mitigation measures
identified in the traffic study, which are necessary to achieve or maintain the
required level of service.
76. Ordinance No. 460 and 461. With respect to the conditions of approval for
the referenced tentative exhibit, the landowner shall provide all street
improvements, street improvement plans and/or road dedications set forth
herein in accordance with Ordinance 460, City Road Improvement
standards (Ordinance 461) and to the satisfaction of the City Engineering
Department. It is understood that the exhibit correctly shows acceptable
centerline elevations, all existing easements, traveled ways, and drainage
courses with appropriate Q's, and that their omission or unacceptability may
require the exhibit to be resubmitted for further consideration. 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.
Prior to a Certain Date
77. Newport Road Dedication. Within 60 days of approval of the current
Extension of Time, the applicant/property owner shall provide the
necessary dedication of Newport Road to the City of Menifee along the
project's frontage on Newport Road.
Prior to Issuance of Grading Permit
78. Security Posting for Grading. Grading in excess of 199 cubic yards will
require performance security to be posted with the Building and Safety
Department. Single Family Dwelling units graded one lot per permit and
proposing to grade less than 5,000 cubic yards are exempt.
79. Erosion Control. 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. see form 284-47.
Conditions of Approval for Plot Plan No. 2009-052 25 of 46
(Second Extension of Time No. 2012-167)
80. Grading shall Comply with Geotechnical Report. Geotechnical soils
reports, required in order to obtain a grading permit, shall be submitted to
the Building and Safety Department's Grading Division 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 Riverside County.*
'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.
81. Grading and Drainage to Comply with Flood. All grading and drainage
shall be designed in accordance with Riverside County Flood Control &
Water Conservation District's conditions of approval regarding this
application. If not specifically addressed in their conditions, drainage shall
be designed to accommodate 100 year storm flows.
Additionally, the Building and Safety Department's conditional approval of
this application includes an expectation that the conceptual grading plan
reviewed and approved for it complies or can comply with any WQMP
(water Quality Management Plan) required by Riverside County Flood
Control & Water Conservation District.
82. Easement or Permission for Grading. 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 herein proposed.
83. NPDES. Prior to issuance of any grading or construction permits -
whichever comes first - the applicant shall provide the Building and Safety
Department evidence of compliance with the following: "Effective March 10,
2003 owner operators of grading or construction projects are required to
comply with the N.P.D.E.S. (National Pollutant Discharge Elimination
System) requirement to obtain a construction permit from the State Water
Resource Control Board (SWRCB). The permit requirement applies to
grading and construction sites of "ONE" acre or larger. The owner 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 at (916) 657-1146.
Additionally, at the time the county adopts, as part of any ordinance,
regulations specific to the N.P.D.E.S., this project (or subdivision) shall
comply with them.
84. Import/Export. In instances where a grading plan involves import or export,
prior to obtaining a grading permit, the applicant shall have obtained
Conditions of Approval for Plot Plan No. 2009-052 26 of 46
(Second Extension of Time No. 2012-167)
approval for the import/export location from the Building and Safety
department. If an Environmental Assessment, prior to issuing a grading
permit, did not previously approve either location, a Grading Environmental
Assessment shall be submitted to the Planning Director and the
Environmental Programs Director for review and comment and to the
Building and Safety Department Director for approval. Additionally, if the
movement of import/export occurs using county roads, review and approval
of the haul routes by the Transportation Department will be required.
85. Caltrans. Prior to issuance of construction permits, grading and drainage
plans shall be forwarded to Caltrans for their review. The grading and
drainage plans shall identify site runoff impacts to the right-of-way and
include potential for erosion within the right-of-way. The plans shall identify
the capacity of existing drainage structures within the right-of-way where
connections between private and Caltrans systems are proposed. Existing
capacity of affected State drainage systems cannot be exceeded. Should
100 year project runoff volumes be determined to exceed the maximum
capacity of the existing State drainage facilities, construction of on -site
detention basins, new drainage systems or other impact mitigation will be
required.
An encroachment permit will be required from Caltrans prior to any
construction within the State right-of-way. In addition, all work undertaken
within the right-of-way shall be in compliance to all current design
standards, applicable policies and construction practices.
Prior to Issuance of Building Permit
86. Grading Permit. Prior to issuance of any building permit, the property
owner shall obtain a grading permit and/or approval to construct from the
Engineering Department.
87. Traffic Signals. The project proponent shall be responsible for the design
of traffic signal(s) at the intersections of:
Antelope Road (NS) at:
Pampas Street (EW)
Palm Villa Drive (EW) Newport Road (EW) (modification)
with no fee credit given for Traffic Signal Mitigation fees.
The project proponent shall comply in accordance with traffic signal
requirements within public road rights -of -ways directed by the City
Engineering Department. Assurance of traffic signal maintenance is required
by filing an application for annexation to Landscaping and Lighting
Maintenance District No. 89-1-Consolidated for the required traffic signal(s).
These requirements shall be applicable, unless otherwise completed by the
1-215/Newport Road Interchange Project.
Conditions of Approval for Plot Plan No. 2009-052 27 of 46
(Second Extension of Time No. 2012-167)
88. Street Improvements. Prior to the issuance of any building permit of the
the following geometrics shall be provided:
The intersection of Antelope Road (NS) at Newport Road (EW) shall be
improved to provide the following geometrics:
Northbound: two left -turn lanes, one through lane, one shared through/right-
turn lane
Southbound: two left -turn lanes, one through lane, two right -turn lanes
Eastbound: two left -turn lanes, two through lanes, one shared through/right-
turn lane
Westbound: one left -turn lane, two through lanes, one shared through/right-
turn lane
These requirements shall be applicable, unless otherwise completed by the
1-215/Newport Road Interchange Project.
The intersection of Antelope Road (INS) at North Project Access Drive (EW)
shall be improved to provide the following geometrics:
Northbound: two through lanes
Southbound: one through lane, one shared through/right-turn lane
Eastbound: one right -turn lane
Westbound: N/A
NOTE: Driveway will be restricted to right -turns in and out only.
The intersection of Antelope Road (INS) at Balsa Road (EW) shall be
improved to provide the following geometrics:
Northbound: one left -turn lane, one through lane, one shared through/right-
turn lane
Southbound: one left -turn lane, one through lane, one shared through/right-
turn lane
Eastbound: one shared left-turn/through/right-turn lane
Westbound: one shared left-turn/through/right-turn lane
The intersection of Antelope Road (NIS) at Palm Villa Drive (EW) shall be
improved to provide the following geometrics:
Northbound: one left -turn lane, one through lane, one shared through/right-
turn lane
Southbound: one left -turn lane, one through lane, one shared through/right-
turn lane
Eastbound: one left -turn lane, one shared through/right-turn lane
Westbound: one shared left -turn, through/right-turn lane
Or as approved by the City Engineer.
All improvements listed are requirements for interim conditions only. Full
right-of-way and roadway half sections adjacent to the property for the
Conditions of Approval for Plot Plan No. 2009-052 28 of 46
(Second Extension of Time No. 2012-167)
ultimate roadway cross-section per the County's Road Improvement
Standards and Specifications must be provided.
Any off -site widening required to provide these geometrics shall be the
responsibility of the landowner/developer.
The intersection of Antelope Road (NS) at Project Access (between Balsa
Road and Pampas Street) (EW) shall be improved to provide the following
geometrics:
Northbound: two through lanes
Southbound: one through lane, one shared through/right-turn lane
Eastbound: one right -turn lane
Westbound: N/A
NOTE: Driveway will be restricted to right -turns in and out only.
The intersection of Antelope road (NS) at Pampas Street (EW) shall be
improved to provide the following geometrics:
Northbound: one left -turn lane, one through lane, one shared through/right-
turn lane
Southbound: one left -turn lane, one through lane, one shared through/right-
turn lane
Eastbound: one left -turn lane, one shared through/right-turn lane
Westbound: one shared left-turn/through/right-turn lane
The City shall construct and pay for all street improvements to Newport
Road as will be shown on the final approved plans to the 1-215/Newport
Road Interchange Project (Improvements).
The City shall construct and pay for the curb return, at the intersection of
Newport Road and Antelope Road, to match the proposed additional reight
turn lane for Antelope Road as shown on IP09-004.
In the event that the Developer of Menifee Lakes Plaza begins construction
of their development prior to the City commencing or completing the
improvements:
a. The Developer shall coordinate with the City the timing of construction of
the Antelope Road right turn lane and the Newport Road Improvements.
b. Such coordination may involve allowing the Developer to postpone the
constrction of the Antelope right turn lane improvements, including the
driveway at STa. 64+05.15, until the Improvements to Newport Road are
completed.
c. In the event that such a postponement occurs, the Developer shall
construct all remaining improvements as shown on the approved
improvements plans IP09-004, regardless of the status of the
Improvements on Newport Road.
Conditions of Approval for Plot Plan No. 2009-052 29 of 46
(Second Extension of Time No. 2012-167)
89. Or as approved by the City Engineer. Right -of -Way. Sufficient public street
right-of-way along Antelope Road from gas station driveway to Newport
Road shall be conveyed for public use to provide for a 50' to 62 foot half -
width right-of-way.
Sufficient public street right-of-way along Newport Road shall be conveyed
for public use to provide for an 84' to 96 foot half -width right-of-way. The
above dedication shall be within the City right-of-way limits located 400'
approximately west of Antelope Road centerline.
Sufficient public street right-of-way along Newport Road and northbound
on -ramp right-of-way shall be conveyed for public use to provide for a half -
width right-of-way in conformance with Caltrans requirements.
90. Raised Median along Antelope. A raised median with appropriate
landscaping shall be provided along Antelope Road extending from the
Palm Villa Drive, with breaks at the project driveways at Pampas Street and
Balsa Road, to the northern boundary of the project, or as approved by the
City Engineer. The median shall be shown on the street improvement
plans. Landscaping plans for the raised median shall be submitted to the
Engineering Department for review and approval. Added at by Planning
Commission at November 10, 2009 Planning Commission Meeting.
91. Menifee Valley Road and Bridge Benefit District. Prior to the issuance of
a building permit, the project proponent shall pay fees in accordance with
Zone "D" of the Menifee Valley Road and Bridge Benefit District. All fees
are based upon the fee schedule in effect at the time of issuance of the
permit.
The project net acreage is 16 acres approximately.
92. Corner Cutbacks. The corner cutback at intersection of Newport Road and
Antelope Road shall be applied per Standard 805, Ordinance 461.
93. Annexation. Prior to the issuance of a building permit, the project
proponent shall comply with County requirements within Newport Road and
Antelope Road public road rights -of -way, in accordance with Ordinance
461. Assurance of maintenance is required by filing an application for
annexation to Landscaping and Lighting Maintenance District No. 89-1-
Consolidated and/or any other maintenance district approved by the
Transportation Department. Said annexation should include the following:
(1) Landscaping.
(2) Street lights.
(3) Traffic signals located on Newport Road at intersection of Antelope
Road.
(4) Graffiti abatement of walls and other permanent structure.
(5) Street sweeping.
For street lighting, the project proponent shall contact the Transportation
Department L&LMD 89-1-C Administrator and submit the following:
Conditions of Approval for Plot Plan No. 2009-052 30 of 46
(Second Extension of Time No. 2012-167)
(1) Completed Transportation Department application.
(2) Appropriate fees for annexation.
(3) (2) sets of street lighting plans approved by Transportation
Department.
(4) "Streetlight Authorization" form from SCE or other electric provider.
94, Street Lighting Plan. A separate street light plan and/or a separate bridge
light plan is required for this project. Street (and/or bridge) lighting shall be
designed in accordance with County Ordinance 460 and Streetlight
Specification Chart found in Specification Section 22 of Ordinance 461. For
projects within SCE boundaries use County of Riverside Ordinance 461,
Standard No. 1000 or No. 1001. For projects within Imperial Irrigation
District (IID) use IID's pole standard. The developer shall annex into the
L&LMD for power payment.
95. Landscaping in Right -of -Way. Landscaping within public road right-of-
way shall comply with Transportation Department standards and Ordinance
461 and shall require approval by the Transportation Department.
Landscaping plans shall be designed within Antelope Road and Newport
Road and submitted to the Transportation Department. Landscaping plans
shall be submitted on standard County plan sheet format (24" x 36").
Landscaping plans shall be submitted with the street improvement plans.
Assurance of continuous maintenance is required by processing and filing a
'Landscape Maintenance Agreement' through the Transportation
Department Plan Check Division; or if desired the developer may file an
application for annexation into Landscaping and Lighting Maintenance
District No. 89-1-Consolidated by contacting Judy Watterlond,
Transportation Department at (951) 955-6829.
96. Dedication of Driveway Entries. The applicant shall dedicate roadway
easements for maintenance purposes at driveway entries of Palm Villa
Drive and Pampas Street as shown on Entry Exhibits transmitted by CSL
Engineering on 2/23/09 and as directed by City Engineering Department.
97. Clearance from Caltrans. Prior to issuance of a building permit or any use
allowed by this permit, and prior to doing any work within the State highway
right-of-way, clearance and/or an encroachment permit must be obtained
by the applicant from the District 08 Office of the State Department of
Transportation in San Bernardino.
98. Trash Enclosures — The City of Menifee is a Co-Permittee for discharging
stormwater from its MS4 facilities pursuant to the Santa Ana Regional
Water Quality Control Board Order No. R8-2010-0033, MS4 NPDES Permit
No. CAS 618033. Direct rain water or wastewater runoff from trash
enclosure is prohibited. Trash enclosures in new developments and
redevelopment projects shall meet new storm water quality standards as
follows:
Conditions of Approval for Plot Plan No. 2009-052 31 of 46
(Second Extension of Time No. 2012-167)
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.
c) They shall have a concrete slab floor. The concrete slab shall be
graded to collect any spill within the enclosure.
d) A floor drain from the interior of the enclosure as described below
shall be provided to convey any spill.
e) All trash bins in the trash enclosure shall be leak free and shall
have a lid and be continuously closed.
f) The enclosure area shall be protected from receiving direct rainfall
or run-on from collateral surfaces.
A floor drain from the interior of the enclosure that discharges to adjacent
landscape areas properly designed to perform as BMP to treat this
drainage is preferred.
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.
Any standing liquids in existing trash enclosures without a floor drain 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.
The use of uncovered trash enclosures is not permitted. However it may
be approved by the Engineering Department if the project meets any of
the following exceptions:
a) An existing trash enclosure that is within an area subject to
Planning Department setback restriction for structures.
b) No location exists where a proposed trash enclosure can be
constructed without violating Planning, Fire and Building and
Safety Department restrictions.
c) Uncovered trash enclosures shall be graded to drain to adjacent
landscape areas designed to perform as a BMP.
The location of Trash enclosures shall not obstruct sight distance.
Added per EOT1
Prior to Building Final Inspection
Conditions of Approval for Plot Plan No. 2009-052 32 of 46
(Second Extension of Time No. 2012-167)
99. Paving Inspections. The developer/applicant shall be responsible for
obtaining the paving inspections required by Ordinance 457.
100. Traffic Signals. The project proponent shall be responsible for the
construction and installation of all traffic signals, unless otherwise noted.
Prior to the final building inspection, the following traffic signal(s) shall be
installed and operational:
Antelope Road (NS) at:
Palm Villa Drive (EW)
Newport Road (EW) (modification)
Antelope Road (NS) at:
Pampas Street (EW)
With no fee credit given for Traffic Signal Mitigation Fees.
Or as approved by the City Engineer. These requirements shall be
applicable, unless otherwise completed by the 1-215/Newport Road
Interchange Project.
101. Traffic Signal Interconnect. The project proponent shall be required to
provide full traffic signal interconnect between the traffic signals on
Antelope Road at Pampas Street, Palm Villa Drive, and Newport Road.
The project proponent shall provide for the future interconnection of the
traffic signal at Antelope Road and Newport Road to the west by installing
signal interconnect conduits along the project's frontage on Newport Road.
The project proponent shall provide for the future interconnection of the
traffic signal at Antelope Road and Pampas Street to the north by installing
signal interconnect conduits along Antelope Road from Pampas Street to
the project's north property boundary.
Or as approved by the City Engineer.
102. Improvement Plans. Improvement plans for the required improvements
must be prepared and shall be based upon a design profile extending a
minimum of 300 feet beyond the project boundaries at a grade and
alignment as approved by the City Engineering Department. Completion of
road improvements does not imply acceptance for maintenance by City.
The offsite Improvement Plan IP09-004 was approved on March 22,
2011 and is subject to revisions to reflect any change in field
conditions and new or revised standard plans prior to construction.
The Engineer of record shall update the Improvement Plan with delta
revisions to the satisfaction of the City Engineer. Added per EOT1
Conditions of Approval for Plot Plan No. 2009-052 33 of 46
(Second Extension of Time No. 2012-167)
103. Street Design Coordination. The street design and improvement
concept of this project shall be coordinated with Newport Road/1-215
interchange project B5-0682.
104. Comply with Caltrans. The project proponent shall comply with the
Caltrans recommendations as outlined in their letter dated August 28, 2008.
105. Signing and Striping Plan. A signing and striping plan is required for this
project. The project proponent shall be responsible for any additional
paving and/or striping removal caused by the striping plan. The striping
plan shall provide striping for an eight -foot bike lane on Antelope Road (up
to the Palm Villa Drive driveway). 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.
The offsite Signing and Striping Plan IP09-004 was approved on March
22, 2011 and is subject to revisions to reflect any change in field
conditions and new or revised standard plans prior to construction.
The Engineer of record shall update the Signing and Striping Plan
with delta revisions to the satisfaction of the City Engineer. Added per
EOT1
106. TUMF Fees. Prior to the issuance of an occupancy permit for the first
unit, the project proponent shall pay the Transportation Uniform Mitigation
Fee (TUMF) in accordance with the fee schedule in effect at the time of
issuance, pursuant to Ordinance No. 824.
107. Street Lighting Authorization. Prior to OCCUPANCY, the project
proponent shall submit to Transportation Department Permits the following:
1) "Streetlight Authorization" form approved by L&LMD No. 89-1-C
Administrator.
2) Letter establishing interim energy account from SCE or other
electric provider.
108. Install Street Lights. Install streetlights along the streets associated with
development in accordance with the approved street lighting plan and
standards of County Ordinances 460 and 461. For projects within IID use
IID's pole standard.
Street light annexation into L&LMD or similar mechanism as approved by
the Transportation 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).
109. Construction in Right -of -Way. On existing curb and gutter, new
driveways, closure of existing driveways, sidewalks and/or drainage
devices within right-of-way, including sewer and water laterals on Antelope
Conditions of Approval for Plot Plan No. 2009-052 34 of 46
(Second Extension of Time No. 2012-167)
Road shall be constructed within the dedicated right-of-way in accordance
with City Standards, Ordinance 461. Such construction shall be shown on
existing street improvement plans and approved and permitted by the City
Engineering Department.
NOTE: Construct 6' sidewalk, curb adjacent.
110. Annexation. Prior to issuance of an occupancy permit, the project
proponent shall complete annexation to Landscaping and Lighting
Maintenance District No. 89-1-Consolidated, and/or any other maintenance
district approved by the Transportation Department for continuous
maintenance within public road rights -of -way, on Newport Road and
Antelope Road, in accordance with Ordinance 461. Said annexation should
include the following:
(1) Landscaping.
(2) Street lights.
(3) Traffic signals located on Newport Road at intersection of Antelope
Road.
(4) Graffiti abatement of walls and other permanent structures if any. (5)
Street sweeping.
111. Improvements. Antelope Road from service station driveway to Newport
Road is a paved City maintained road designated as a Secondary Highway
and shall be improved with concrete curb and gutter to match the existing
one located 38' to 50 feet from centerline to curb line, and match up asphalt
concrete paving; reconstruction; or resurfacing of existing paving as
determined by the Engineering Department within the 50' to 62 foot half -
width dedicated right-of-way in accordance with Section C-C.
NOTE: 1. A 6' sidewalk shall be constructed adjacent to curb line within
the 12' parkway.
2. The curb returns at entries of Palm Villa Drive and Pampas
Street shall be constructed at a 35' radius as shown on Entry
Exhibits transmitted by CSL Engineering on 2/23/09 or as
determined by the City Engineer.
Newport Road from Antelope Road to 400' westerly is a paved City
maintained road designated as an Urban Arterial Highway and shall be
improved with 8" concrete curb and gutter located 72' to 99 feet from
centerline to curb line, and match up asphalt concrete paving;
reconstruction; or resurfacing of existing paving as determined by the City
Engineering Department within the 84' to 111 foot half -width dedicated
right-of-way in accordance with Section A -A and Section B-B.
NOTE: 1. A 6' sidewalk (along site frontage) shall be constructed
adjacent to curb line within the 12' parkway.
2. Additional grading to be done between proposed taper and
proposed right-of-way (96' from centerline) per Phase I
Improvement Exhibit.
Conditions of Approval for Plot Plan No. 2009-052 35 of 46
(Second Extension of Time No. 2012-167)
Or as approved by the City Engineer. These requirements shall be
applicable, unless otherwise completed by the 1-215/Newport Road
Interchange Project.
112. Utility Plans. Electrical power, telephone, communication, street lighting,
and cable television lines shall be designed to be placed underground in
accordance with Ordinance 460 and 461, or as approved by the
Engineering Department. The applicant is responsible for coordinating the
work with the serving utility company. 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. A
disposition note describing the above shall be reflected on design
improvement plans whenever those plans are required. A written proof for
initiating the design and/or application of the relocation issued by the utility
company shall be submitted to the Engineering Department for verification
purposes.
113. Utilities Underground. 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.
A certificate should be obtained from the pertinent utility company and
submitted to the Engineering Department as proof of completion.
114. Street Sweeping. Owner shall cause
CSA152 or similar district or mechanism
sweeping, as approved by the City Engineer.
property to be annexed into
for NPDES BMP of street
Conditions of Approval for Plot Plan No. 2009-052
(Second Extension of Time No. 2012-167)
36 of 46
Section IV:
Riverside County Flood Control
District Conditions of Approval
Conditions of Approval for Plot Plan No. 2009-052 37 of 46
(Second Extension of Time No. 2012-167)
General Conditions
115. Flood Hazard Report. Plot Plan No. 2009-052 is a proposal to develop a
16.35-acre parcel into a commercial shopping center including retail shops,
a convenience store, a gas station, a motel and restaurants in the City of
Menifee. The site is located east of 1-215, west of Antelope Road and north
of Newport Road. The site is being processed with PM 34318 and
CUP03487.
A Caltrans' ditch traversing along the western boundary of the site conveys
storm flows from the Freeway and area south of Newport Road. This site is
relatively flat and drains in a northerly direction to Salt Creek to the north.
Since Salt Creek is considered an adequate outlet no mitigation for
increased runoff will be required of this development.
A WQMP was submitted in support of this development. The concept is to
direct onsite flows to low flow catch basins that will convey water quality
flows to enhanced swales proposed along the western boundary of the
project. Higher flows would be collected in catch basins just downstream of
the low flow catch basins. Supporting calculations were submitted by the
applicant's engineer. All swales have a minimum bottom width of 6 feet and
are 100 feet long. This is an acceptable mitigation plan for this site. The
proposed fencing for this project shall accommodate maintenance access
to the swales.
If the development of the site is constructed in phases, the first phase of the
development must construct all the water quality mitigation features for the
entire site. Alternatively, a WQMP feature to serve a specific phase of a
project can be constructed either 1) within the limits of the phase or 2)
outside of the boundaries of the phase. In the case of the latter, the BMP
shall be constructed within an easement and this easement shall be
recorded.
It should be noted that future phases of the development will be required to
provide not only any water quality mitigation features required for that
particular development but must also account for the mitigation features
located on that particular site. All mitigation features shall comply with the
current regulations of the Regional Water Quality Board.
116. 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.
Conditions of Approval for Plot Plan No. 2009-052 38 of 46
(Second Extension of Time No. 2012-167)
117. 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.floodcontro1.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.
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 site in
compliance with Order No. R8-2010-0033, NPDES Permit No.
CAS618033 or latest permit requirements (Added per EOT1). Also, it
should be noted that if 401certification is necessary for the project, the
Water Quality Control Board may require additional water quality measures.
118. BMP Maintenance. This project proposes BMP facilities that will require
maintenance by public agency or commercial property owner association.
To ensure that the public is not unduly burdened with future costs, prior to
final approval or recordation of this case, the District will require an
acceptable financial mechanism be implemented to provide for
maintenance of treatment control BMPs in perpetuity. This may consist of a
mechanism to assess individual benefiting property owners, or other means
approved by the City. The site's treatment control BMPs must be shown on
the project's improvement plans - either the street plans, grading plans, or
Conditions of Approval for Plot Plan No. 2009-052 39 of 46
(Second Extension of Time No. 2012-167)
landscaping plans. The type of improvement plans that will show the BMPs
will depend on the selected maintenance entity.
119. Phasing. If the development of the site is constructed in phases, the first
phase of the development must construct all the water quality mitigation
features for the entire site. Alternatively, a WQMP feature to serve a
specific phase of a project can be constructed either 1) within the limits of
the phase or 2) outside of the boundaries of the phase. In the case of the
latter, the BMP shall be constructed within an easement and this easement
shall be recorded.
It should be noted that future phases of the development will be required to
provide not only any water quality mitigation features required for that
particular development but must also account for the mitigation features
located on that particular site. All mitigation features shall comply with the
current regulations of the Regional Water Quality Board.
Prior to Issuance of Grading Permit
120. Improvement Plans. A copy of the improvement plans, grading plans,
BMP improvement plans and any other necessary documentation along
with supporting hydrologic and hydraulic calculations shall be submitted to
the 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 a completed Flood Control Deposit Based Fee
Worksheet and the appropriate plan check fee deposit.
121. Erosion Control. Temporary erosion control measures shall be
implemented immediately following rough grading to prevent deposition of
debris onto downstream properties or drainage facilities. Plans showing
these measures shall be submitted to the City for review.
122. 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 permits. If the developer cannot obtain such rights, the
project shall be redesigned to eliminate the need for the easement.
123. Written Permission for Off -site. Written permission shall be obtained
from the affected property owner(s) allowing the proposed grading and/or
facilities to be installed outside of the project boundaries. A copy of the
written authorization shall be submitted to the City for review and approval.
124. Encroachment Permit. An encroachment permit shall be obtained for
any work within CalTrans right of way or with CalTrans facilities. The
encroachment permit application shall be processed and approved
concurrently with the improvement plans.
125. WQMP. 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.
Conditions of Approval for Plot Plan No. 2009-052 40 of 46
(Second Extension of Time No. 2012-167)
Prior to Issuance of Building Permit
126. Improvement Plans. A copy of the improvement plans, grading plans,
BMP improvement plans and any other necessary documentation along
with supporting hydrologic and hydraulic calculations shall be submitted to
the City for review. The plans must receive City approval prior to the
issuance of building permits. All submittals shall be date stamped by the
engineer and include a completed Flood Control Deposit Based Fee
Worksheet and the appropriate plan check fee deposit.
127. WQMP. 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.
Prior to Building Final Inspection
128. 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 City's NPDES Section by either the City'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. 3
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.
129. BMP Installation. All structural BMPs described in the project -specific
WQMP shall be constructed and installed in conformance with approved
plans and specifications. It shall be demonstrated that the applicant is
prepared to implement all non-structural BMPs described in the approved
project specific WQMP and that copies of the approved project -specific
WQMP are available for the future owners/occupants. The 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.
Conditions of Approval for Plot Plan No. 2009-052 41 of 46
(Second Extension of Time No. 2012-167)
Section V:
Riverside County Fire Department
Conditions of Approval
Conditions of Approval for Plot Plan No. 2009-052 42 of 46
(Second Extension of Time No. 2012-167)
General Conditions
130. 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.
131. Minimum Fire Flow. Minimum required fire flow shall be 4000 GPM for a
4 hour duration at 20 PSI residual operating pressure, which must be
available before any combustible material is placed on the job site. Fire flow
is based on type VB construction per the 2007 CBC and Building(s) having
a fire sprinkler system.
132. Fire Hydrants. A combination of on -site and off -site super fire hydrants,
on a looped system (6"x4"x 2-2 1/2"), will be located not less than 25 feet or
more than 165 feet from any portion of the building as measured along
approved vehicular travel ways. The required fire flow shall be available
from any adjacent hydrants(s) in the system.
133. Tank Permits. Applicant or Developer shall be responsible for obtaining
under/aboveground fuel, chemical and mixed liquid storage tank permits,
from the Riverside County Fire Department and Environmental Health
Departments. Plans must be submitted for approval prior to installation.
Aboveground fuel/mixed liquid tanks(s) shall meet the following standard:
Tank must be tested and labeled to UL2085 Protected Tank Standard or
SwRI 93-01.. The test must include the Projectile Penetration Test and the
Heavy Vehicle Impact Test. A sample copy of the tank's label from an
independent test laboratory must be included with your plans.
134. Fire Facilities. All fire facilities required by the project shall be dedicated
to the City of Menifee.
135. ALL CONDITIONS ARE PER AMD#1 DATED 3/4/09.
Prior to Issuance of Building Permit
136. Plan Check Fee. Building Plan check deposit base fee of $1,056.00,
shall be paid in a check or money order to the Riverside County Fire
Department after plans have been approved by our office.
137. Water Plans. The applicant or developer shall separately submit two
copies of the water system plans to the Fire Department for review and
approval. Calculated velocities shall not exceed 10 feet per second.
Plans shall conform to the fire hydrant types, location and spacing, and the
system shall meet the fire flow requirements. Plans shall be signed and
approved by a registered civil engineer and the local water company with
the following certification: "I certify that the design of the water system is in
accordance with the requirements prescribed by the Riverside County Fire
Department."
Conditions of Approval for Plot Plan No. 2009-052 43 of 46
(Second Extension of Time No. 2012-167)
Prior to Building Final Inspection
138. Fire Lanes. The applicant shall prepare and submit to the Fire
Department for approval, a site plan designating required fire lanes with
appropriate lane painting and/or signs.
139. Sprinkler System. Install a complete fire sprinkler system per NFPA 13
2002 edition in all buildings requiring a fire flow of 1500 GPM or greater.
Sprinkler system(s) with pipe sizes in excess of 4" in diameter will require
the project structural engineer to certify (wet signature) the stability of the
building system for seismic and gravity loads to support the sprinkler
system. All fire sprinkler risers shall be protected from any physical
damage. The post indicator valve and fire department connection shall be
located to the front, within 50 feet of a hydrant, and a minimum of 25 feet
from the building(s). A statement that the building(s) will be automatically
fire sprinkled must be included on the title page of the building plans.
Applicant or developer shall be responsible to install a U.L. Central Station
Monitored Fire Alarm System. Monitoring system shall monitor the fire
sprinkler system(s) water flow, P.I.V.'s and all control valves. Plans must be
submitted to the Fire Department for approval prior to installation. Contact
fire department for guideline handout
140. Hotel — Fire Alarm. (HOTEL) Applicant or developer shall be
responsible to install a manual and automatic pre-recorded VOICE Fire
Alarm System. Plans must be submitted to the Fire Department for
approval prior to installation. HOTEL SHALL HAVE A FIRE CONTROL
ROOM IN A LOCATION APPROVED BY THE FIRE DEPT.
141. Hotel Exist Signs. (HOTEL) Floor - Level exit signs, exit markers and
exit path marking shall be installed per the California Building Code.
142. 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.
143. Hood Ducts. A U.L. 300 hood duct fire extinguishing system must be
installed over the cooking equipment. Wet chemical extinguishing system
must provide automatic shutdown of all electrical components and outlets
under the hood upon activation. System must be installed by a licensed C-
16 contractor. Plans must be submitted with current fee to the Fire
Department for review and approval prior to installation.
NOTE: A dedicated alarm system is not required to be installed for the exclusive
purpose of monitoring this suppression system. However, a new or pre-
existing alarm system must be connected to the extinguishing system. (*
separate fire alarm plans must be submitted for connection)
Conditions of Approval for Plot Plan No. 2009-052 44 of 46
(Second Extension of Time No. 2012-167)
Section VI:
Riverside County Environmental
Health Conditions of Approval
Conditions of Approval for Plot Plan No. 2009-052 45 of 46
(Second Extension of Time No. 2012-167)
General Conditions
144. Developer Shall Comply with EMWD Requirements. Plot Plan No.
2009-052 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
145. Food Plans. A total of three complete set of plans for each food
establishment are needed including a fixture schedule, a finish schedule,
and a plumbing schedule in order to ensure compliance with the California
Uniform Retail Food Facilities Law.
Prior to Final Inspection
146. UST Plans. Construction plans must be reviewed and approved by the
Hazardous Materials Division prior to the installation of the underground
storage tank (UST) system. There is a construction fee based on the
number of UST's installed. Permits from the Hazardous Materials Division
must be obtained for the operation of the UST's prior to occupancy.
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. 2009-052 46 of 46
(Second Extension of Time No. 2012-167)