PC13-150Resolution PC 13-150
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE APPROVING TENTATIVE PARCEL MAP NO. 36597
(PLANNING APPLICATION 2013-119 PM) FOR THE SUBDIVISION OF
13.08 GROSS ACRES EAST OF ZEIDERS ROAD AND NORTH OF
CICCOTTI STREET
Whereas, on June 10, 2013, the applicant, PacTen Partners, filed a formal
application with the City of Menifee for the subdivision of 13.08 gross acres east of
Zeiders Road and north of Ciccotti Street within the City of Menifee; 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 Tentative Parcel Map No. 36597,
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:
Consistency with the General Plan. The tentative parcel map is consistent with
the General Plan Land Use Map and applicable General Plan objectives,
policies, and programs.
The General Plan land use of the site is Light Industrial (LI) in the Community
Development Foundation. The proposed project meets the requirements of the
Community Development: Light Industrial General Plan land use designation.
Surrounding General Plan Land Use designations are Light Industrial to the north
and south, Estate Density Residential (EDR) to the west, and the City of Murrieta
to the east. The project is consistent with the surrounding existing and planned
industrial and residential land uses.
The future proposed general plan land use designation for the property is
Economic Development Corridor. The intent of this land use designation is to
accommodate a variety of land use types within an individual property or
development. The project is consistent with the existing general plan land use
and there is a reasonable possibility that the project will be consistent with future
general plan and therefore, shall not interfere with the future adopted general
plan, including a housing element that is consistent with the state housing
element law.
The City of Menifee has two active conservation plans within the City's boundary,
the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat
Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the
SKR-HCP and the Western Riverside County MSHCP. The project site is
located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee
Area. The proposed project is located within the boundaries of the Western
Riverside County Multiple Species Habitat Conservation Plan; however, the
project is not located with a Criteria Cell or Cell Group. The project will be
subject to the payment of fees for an industrial project consistent with the
Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore,
the project will not conflict with the provisions of the adopted HCP, Natural
Resolution No PC 13-150
PM36597/ Planning Case 2013-119 PM
October 8. 2013
Conservation Community Plan, or other approved local, regional, or state
conservation plan and the impact is considered less than significant.
2. Consistency with the Zoning Code.
The project is zoned Industrial Park (I-P). The project is consistent with the
existing zoning and development standards,
Surrounding zoning includes Industrial Park (I-P) to the north, Industrial Park (I-
P) and Manufacturing — Service Commercial (M-SC) to the south, Light
Agriculture — 10-acre minimum (A-1-10) to the west, and City of Murrieta to the
east. These classifications are compatible with the Industrial Park (I-P) zone of
the project site.
3. Consistency with Ordinance 460 Regulating the Division of Land.
The subdivision is a Schedule E subdivision of 13.08 gross acres. A Schedule E
parcel map is defined as any division of land into two (2) or more parcels in
commercial or industrial zones regardless of parcel size. The subdivision has
been reviewed and conditioned for consistency with the requirements for streets,
domestic water, fire protection, sewage disposal, fences, and electrical
communication facilities. The subdivision is consistent with the Schedule E map
requirements of Ordinance 460.
4. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or injurious
to or incompatible with other properties or land uses in the project vicinity.
Surrounding land uses include industrial and vacant uses to the north, industrial,
single family residential, and vacant uses to the south, 1-215 and vacant uses to
the east, and Zeiders Road and single family residential to the west.
The proposed project is compatible with the surrounding land uses, general plan
land use designations and zoning classifications. Environmental impacts
resulting from the project have been analyzed in a previously adopted EIR which
determined impacts to air quality would potentially be significant, even with
mitigation incorporated. The City Council previously adopted Findings of
Overriding Considerations. Therefore, the project is not anticipated to create
conditions materially detrimental to the public health, safety and general welfare
or injurious to or incompatible with other properties or land uses in the project
vicinity.
5. Compliance with CEQA. No Further Environmental Documentation Required.
All impacts related to the Development Agreement and Parcel Maps were
analyzed in an Environmental Impact Report (SCH 2O06121062) prepared for the
original plot plan applications (PP21452/22280/2009-006), which was adopted by
the City of Menifee Planning Commission and City Council. No new
environmental impacts have been identified. No further environmental review is
required. The previously prepared EIR is still accurate and applicable for this
approval.
Resolution No PC 13-150
PM36597/ Planning Case 2013-119 PM
October 8, 2013
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
1. The Findings set out above are true and correct.
2. Tentative Parcel Map No. 36597 (Planning Case No. 2013-119), is
approved subject to the Conditions of Approval as set forth in Exhibit "1"
to this Resolution and as approved by the Planning Commission on
October 8. 2013.
PASSED, APPROVED AND ADOPTED (THIS Nn DAY OF OCTOBER 2013.
Matthew
ATTEST:
JeJ�rAllen, Planning Commission Secretary
Approved as to form:
IN Ar Ill ��
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.cityofinenifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do
hereby certify that the foregoing Resolution No. PC13-150 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
81h day of October, 2013 by the following vote:
Ayes:
Liesemeyer, Matelko, Phillips, Sobek, Thomas
Noes:
None
Absent:
None
Abstain:
None
nnifer Allen, Planning Commission Secretary
Resolution PC 13-150
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE APPROVING TENTATIVE PARCEL MAP NO. 36597
(PLANNING APPLICATION 2013-119 PM) FOR THE SUBDIVISION OF
13.08 GROSS ACRES EAST OF ZEIDERS ROAD AND NORTH OF
CICCOTTI STREET
Whereas, on June 10, 2013, the applicant, PacTen Partners, filed a formal
application with the City of Menifee for the subdivision of 13.08 gross acres east of
Zeiders Road and north of Ciccotti Street within the City of Menifee; 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 Tentative Parcel Map No. 36597,
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:
Consistency with the General Plan. The tentative parcel map is consistent with
the General Plan Land Use Map and applicable General Plan objectives,
policies, and programs.
The General Plan land use of the site is Light Industrial (LI) in the Community
Development Foundation. The proposed project meets the requirements of the
Community Development: Light Industrial General Plan land use designation.
Surrounding General Plan Land Use designations are Light Industrial to the north
and south, Estate Density Residential (EDR) to the west, and the City of Murrieta
to the east. The project is consistent with the surrounding existing and planned
industrial and residential land uses.
The future proposed general plan land use designation for the property is
Economic Development Corridor. The intent of this land use designation is to
accommodate a variety of land use types within an individual property or
development. The project is consistent with the existing general plan land use
and there is a reasonable possibility that the project will be consistent with future
general plan and therefore, shall not interfere with the future adopted general
plan, including a housing element that is consistent with the state housing
element law.
The City of Menifee has two active conservation plans within the City's boundary,
the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat
Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the
SKR-HCP and the Western Riverside County MSHCP. The project site is
located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee
Area. The proposed project is located within the boundaries of the Western
Riverside County Multiple Species Habitat Conservation Plan; however, the
project is not located with a Criteria Cell or Cell Group. The project will be
subject to the payment of fees for an industrial project consistent with the
Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore,
the project will not conflict with the provisions of the adopted HCP, Natural
Resolution No PC 13-150
PM36597/ Planning Case 2013-119 PM
October 8, 2013
Conservation Community Plan, or other approved local, regional, or state
conservation plan and the impact is considered less than significant.
2. Consistency with the Zoning Code.
The project is zoned Industrial Park (I-P). The project is consistent with the
existing zoning and development standards,
Surrounding zoning includes Industrial Park (I-P) to the north, Industrial Park (I-
P) and Manufacturing — Service Commercial (M-SC) to the south, Light
Agriculture — 10-acre minimum (A-1-10) to the west, and City of Murrieta to the
east. These classifications are compatible with the Industrial Park (I-P) zone of
the project site.
3. Consistency with Ordinance 460 Regulating the Division of Land.
The subdivision is a Schedule E subdivision of 13.08 gross acres. A Schedule E
parcel map is defined as any division of land into two (2) or more parcels in
commercial or industrial zones regardless of parcel size. The subdivision has
been reviewed and conditioned for consistency with the requirements for streets,
domestic water, fire protection, sewage disposal, fences, and electrical
communication facilities. The subdivision is consistent with the Schedule E map
requirements of Ordinance 460.
4. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or injurious
to or incompatible with other properties or land uses in the project vicinity.
Surrounding land uses include industrial and vacant uses to the north, industrial,
single family residential, and vacant uses to the south, 1-215 and vacant uses to
the east, and Zeiders Road and single family residential to the west.
The proposed project is compatible with the surrounding land uses, general plan
land use designations and zoning classifications. Environmental impacts
resulting from the project have been analyzed in a previously adopted EIR which
determined impacts to air quality would potentially be significant, even with
mitigation incorporated. The City Council previously adopted Findings of
Overriding Considerations. Therefore, the project is not anticipated to create
conditions materially detrimental to the public health, safety and general welfare
or injurious to or incompatible with other properties or land uses in the project
vicinity.
5. Compliance with CEQA. No Further Environmental Documentation Required.
All impacts related to the Development Agreement and Parcel Maps were
analyzed in an Environmental Impact Report (SCH 2O06121062) prepared for the
original plot plan applications (PP21452/22280/2009-006), which was adopted by
the City of Menifee Planning Commission and City Council. No new
environmental impacts have been identified. No further environmental review is
required. The previously prepared EIR is still accurate and applicable for this
approval.
Resolution No PC 13-150
PM36597/ Planning Case 2013-119 PM
October 8, 2013
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
1. The Findings set out above are true and correct.
2. Tentative Parcel Map No. 36597 (Planning Case No. 2013-119), is
approved subject to the Conditions of Approval as set forth in Exhibit "1"
to this Resolution and as approved by the Planning Commission on
October 8, 2013.
PASSED, APPROVED AND ADOPTED THIS 8" DAY OF OCTOBER 2013, BY THE
FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
Matthew Liesemeyer, Chair
ATTEST:
Kathy Bennett
City Clerk
Approved as to form:
Julie Biggs, City Attorney
EXHIBIT &ti ll
Conditions of Approval for
Tentative Parcel Map No. 36597 (Planning Application
2013-119 Tentative Parcel Map)
Schedule E Subdivision
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Fire Department
Conditions of Approval
Conditions of Approval PM36597 (Planning Application No. 2013-119)
1 of 33
Section I:
Conditions Applicable to all
Departments
Conditions of Approval PM36597 (Planning Application No. 2013-119)
2 of 33
General Conditions
1. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative Parcel Map No. 36597 shall be
henceforth defined as follows:
TENTATIVE MAP = Tentative Parcel Map No. 36597, dated August 15, 2013,
(Planning Application No. 2013-119)
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
PLOT PLAN = Approved Plot Plan No. 22280/2009-006
DEVELOPMENT AGREEMENT = Development Agreement by and between
City of Menifee and Zeiders Road Business Park, Inc. and Commerce Pointe
II Menifee Inc. Regarding the Commerce Pointe Project
EIR = Environmental Impact Report (SCH 2O06121062) certified by City
Council Resolution No. 09-66 on April 7, 2009.
MMRP = Mitigation Monitoring Program adopted by City Council Resolution
No. 09-66 on April 7, 2009.
2. Description. The TENTATIVE MAP proposes a Schedule E subdivision of
13.08 gross acres into 6 parcels ranging in size from 1.35 net acres to 2.04
net acres and for condominium purposes for an unspecified number of
condominium units within the Commerce Pointe Development. The parcels
are designated for industrial/office use pursuant to the PLOT PLAN. All
improvements to the site and off -site shall conform to the plans and conditions
of approval of the PLOT PLAN and the EIR, MMRP and the terms of the
DEVELOPMENT AGREEMENT.
3. 90 Days. The developer/owner 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 the approval or conditional approval of this project.
4. Indemnification. The developer/applicant shall indemnify, protect, defend,
and hold harmless, the City and any agency or instrumentality thereof, and/or
any of its officers, employees and agents (collectively the "City ") from any and
all claims, actions, demands, and liabilities arising or alleged to arise as the
result of the applicant's performance or failure to perform under this tentative
map or the City's approval thereof, or from any proceedings against or brought
against the City, or any agency or instrumentality thereof, or any of their
officers, employees and agents, to attack, set aside, void, annul, or seek
monetary damages resulting from an action by the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the
TENTATIVE MAP.
Conditions of Approval PM36597 (Planning Application No. 2013-119)
3of33
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. Such fees may include but are not limited to processing fees for
the costs of providing planning services when development entitlement
applications are submitted, which fees are designed to cover the full cost of
such services, and development impact fees to mitigate the impact of the
development proposed on public improvements. To the extent that Menifee
may develop future financing districts to cover the costs of maintenance of
improvements constructed by development, Permitee agrees to petition for
formation of, annexation to or inclusion in any such financing district and to
pay the cost of such formation, annexation or inclusion.
The permitee acknowledges it is on notice of the current development fees
and understands that such fees will apply at the levels in effect at the time the
fee condition must be met as specified herein.
6. Comply with Ordinance 460. This land division shall comply with the State
of California Subdivision Map Act and to all requirements of Ordinance No.
460, Schedule E, unless modified by the DEVELOPMENT AGREEMENT,
EIR, or the conditions listed herein.
7. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the Menifee Planning Commission's original approval
date, unless extended as provided pursuant to the DEVELOPMENT
AGREEMENT, Subdivision Map Act, Ordinance No. 460 or subsequent
ordinance adopted by the City. Action on a minor change and/or revised map
request shall not extend the time limits of the originally approved TENTATIVE
MAP. If the TENTATIVE MAP expires before the recordation of the final
phase, no further FINAL MAP recordation shall be permitted.
8. Development Agreement. This project is subject to the DEVELOPMENT
AGREEMENT, which applies to the entire Commerce Pointe project. The
TENATIVE MAP shall comply with the requirements within the
DEVELOPMENT AGREEMENT. To the extent any of these conditions are in
conflict with the DEVELOPMENT AGREEMENT, the DEVELOPMENT
AGREEMENT shall supersede the Condition of Approval contained herein.
9. EIR/MMRP. The project site is subject to the EIR/MMRP. The City and
applicant acknowledge and agree that all future development shall comply
with the EIR/MMRP. Each FINAL MAP and the required improvements shall
comply with the conditions of approval of the PLOT PLAN and the EIR,
MMRP, and DEVELOPMENT AGREEMENT. The permittee shall prepare and
submit a written report to the Planning Director demonstrating compliance with
the EIR/MMRP. The Community Development Director may require
inspection or other monitoring to ensure such compliance
Conditions of Approval PM36597 (Planning Application No. 2013-119)
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10. No Grading or Building Permits. Planning Application 2011-119 Tentative
Parcel Map (PM36597) is for a Schedule E subdivision. No grading or building
permits shall be issued pursuant to this subdivision. Conditions pertaining to
grading and building permits shall refer to the PLOT PLAN.
Conditions of Approval PM36597 (Planning Application No. 2013-119)
5 of 33
Planning
Section II:
11
►onditions of Approval
Conditions of Approval PM36597 (Planning Application No. 2013-119)
6 of 33
Prior to Final Map
11. Final Map. After the approval of the TENTATIVE MAP and prior to the
expiration of said map, the developer/owner shall cause the real property
included within the TENTATIVE MAP, or any part thereof, to be surveyed and
a FINAL MAP thereof prepared in accordance with the current Engineering
Department requirements, the conditionally approved TENTATIVE MAP, and
in accordance with Article IX of Ordinance No. 460.
12. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or
registered civil engineer.
13. Common Area Maintenance. PRIOR TO MAP RECORDATION, the
following procedures for common area maintenance procedures shall be
complied with:
a. A permanent master maintenance organization shall be established for the
project area, to assume ownership and maintenance responsibility for all
common recreation, open space, circulation systems and landscaped areas.
The organization may be public or private. Merger with an area -wide or
regional organization shall satisfy this condition provided that such
organization is legally and financially capable of assuming the responsibilities
for ownership and maintenance. If the organization is a private association
then neighborhood associations shall be established for each residential
development, where required, and such associations may assume ownership
and maintenance responsibility for neighborhood common areas.
b. Unless otherwise provided for in these conditions of approval, common
open areas shall be conveyed to the maintenance organization as
implementing development is approved or any subdivision as recorded.
c. The maintenance organization shall be established prior to or concurrent
with the recordation of the first land division.
14. CCR's Public Common Area. Prior to map recordation, if the permanent
master maintenance organization referenced in the condition entitled
"Common Area Maintenance" is a public organization:
"The applicant shall convey to the City fee simple title, to all common open
space areas, free and clear of all liens, taxes, assessments, leases (recorded
or unrecorded) and easement, except those easements which in the sole
discretion of the City are acceptable. As a condition precedent to the City
accepting title to such areas, the applicant shall notify the Planning
Department that the following documents shall be submitted to the City
Attorney and submit said documents for review along with the current fee,
which shall be subject to the City Attorney approval:
a. 1. A cover letter identifying the project for which approval is sought and
identifying one individual to represent the land divider if there are any
questions concerning the review of the submitted documents;
Conditions of Approval PM36597 (Planning Application No. 2013-119)
7 of 33
b. A signed and notarized declaration of covenants, conditions and
restriction. Attached to these documents there shall be included a legal
description of the property included within the CC&Rs and a scaled map
or diagram of such boundaries, both signed and stamped by a California
registered civil engineer or licensed land surveyor;
c. A sample document, conveying title to the purchaser of an individual lot or
unit, which provides that the declaration of covenants, conditions and
restrictions is incorporated therein by reference; and,
d. A deposit equaling three (3) hours of the current hourly fee for Review if
Covenants, Conditions and Restrictions established pursuant to the City
fee schedule at the time the above referenced documents are submitted
for City Attorney review.
The declaration of covenants, conditions and restrictions submitted for review
shall a) provide for a minimum term of 60 years, b) provide for the
establishment of a property owners' association comprised of the owners of
each individual lot or unit, and c) contain the following provisions verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the following
provisions shall apply:
The property owners' association established herein shall, if dormant, be
activated, by incorporation or otherwise, at the request of the City of Menifee,
and the property owners' association shall unconditionally accept from the City
of Menifee, upon the City's demand, title to all or any part of the 'common
area.' Such acceptance shall be through the president of the property owner's
association, who shall be authorized to execute any documents required to
facilitate transfer of the 'common area'. The decision to require activation of
the property owners' association and the decision to require that the
association unconditionally accept title to the 'common area' shall be at the
sole discretion of the City of Menifee.
In the event that the 'common area', or any part thereof, is conveyed to the
property owners' association, the association, thereafter, shall own such
'common area', shall manage and continuously maintain such 'common area',
and shall not sell or transfer such 'common area' or any part thereof, absent
the prior written consent of the Community Development Director of the City of
Menifee. The property owners' association shall have the right to assess the
owner of each individual lot or unit for the reasonable cost of maintaining such
'common area', and shall have the right to lien the property of any such owner
who defaults in the payment of a maintenance assessment. An assessment
lien, once created, shall be prior to all other liens recorded subsequent to the
notice of assessment or other document creating the assessment lien.
This declaration shall not be terminated, 'substantially' amended, or property
de -annexed there from absent the prior written consent of the City of Menifee
Community Development Director or the City's successor -in -interest. A
proposed amendment shall be considered 'substantial' if it affects the extent,
Conditions of Approval PM36597 (Planning Application No. 2013-119)
8 of 33
usage or maintenance of the 'common area' established pursuant to this
Declaration.
In the event of any conflict between this Declaration and the Articles of
Incorporation, the Bylaws, or the property owners' association Rules and
Regulations, if any, this Declaration shall control."
Once approved, the copy and the original declaration of CC&Rs shall be
forwarded by the City Attorney and the Plan
Division will retain the one copy for the case file
and notarized original declaration of covenants,
the City Engineer for safe keeping until the final
The City Engineer shall record the original
conjunction with the recordation of the final map.
ling Division. The Planning
, and forward the wet signed
conditions and restrictions to
map is ready for recordation.
declaration of CC&Rs in
15. CCR's Private Common Area. PRIOR TO MAP RECORDATION if the
permanent master maintenance organization referenced in the condition
entitled "Common Area Maintenance" is a private organization:
"The applicant shall notify the Planning Department that the following
documents shall be submitted to the City Attorney and submit said documents
for review along with the current fee, which shall be subject to City Attorney
approval:
e. A cover letter identifying the project for which approval is sought and
identifying one individual to represent the land divider if there are any
questions concerning the review of the submitted documents;
f. A signed and notarized declaration of covenants, conditions and
restriction. Attached to these documents there shall be included a legal
description of the property included within the CC&Rs and a scaled map
or diagram of such boundaries, both signed and stamped by a California
registered civil engineer or licensed land surveyor;
g. A sample document, conveying title to the purchaser of an individual lot or
unit, which provides that the declaration of covenants, conditions and
restrictions is incorporated therein by reference; and,
h. A deposit equaling three (3) hours of the current hourly fee for Review if
Covenants, Conditions and Restrictions established pursuant to the City
fee schedule at the time the above referenced documents are submitted
for City Attorney review.
The declaration of covenants, conditions and restrictions submitted for review
shall:
provide for a minimum term of 60 years,
provide for the establishment of a property owners'
association comprised of the owners of each individual lot
or unit,
Conditions of Approval PM36597 (Planning Application No. 2013-119)
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provide for ownership of the common area by either the
property owners' association or the owners of each
individual lot or unit as tenants in common.
i. The declaration of CC&Rs shall contain the following provisions verbatim:
"Notwithstanding, any provision in this Declaration to the contrary,
the following provisions shall apply:
The property owners' association established herein shall manage
and continuously maintain the 'common area', more particularly
described on the Specific Plan Land Use Plan, attached hereto,
and shall not sell or transfer the 'common area' or any part thereof,
absent the prior written consent of the Community Development
Director of the City of Menifee.
The property owners' association shall have the right to assess
the owners of each individual lot or unit for the reasonable cost of
maintaining such 'common area' and shall have the right to lien
the property of any such owner who defaults in the payment of a
maintenance assessment. An assessment lien, once created,
shall be prior to all other liens recorded subsequent to the notice
of assessment or other document creating the assessment lien.
This Declaration shall not be terminated, 'substantially amended,
or property de -annexed there from absent the prior written
consent of the Community Development Director of the City of
Menifee. A proposed amendment shall be considered
'substantial' if it affects the extent, usage or maintenance of the
'common area' established pursuant to this Declaration.
In the event of any conflict between this Declaration and the
Articles of Incorporation, the Bylaws, or the property owners'
association Rules and Regulations, if any, this Declaration shall
control."
Once approved, the copy and the original declaration of CC&Rs shall be
forwarded by the City Attorney and the Planning Division. The Planning
Division will retain the one copy for the case file, and forward the wet signed
and notarized original declaration of covenants, conditions and restrictions to
the City Engineer for safe keeping until the final map is ready for recordation.
The City Engineer shall record the original declaration of CC&Rs in
conjunction with the recordation of the final map.
16. CC&R C/I POA COM. EASE. The land divider shall (a) notify the Planning
Department that the following documents shall be shortly, or have been,
submitted to the City Attorney for the review and approval of that office, and
(b) the land divider shall submit to the City Attorney the following documents:
1. A cover letter identifying the project for which approval is sought referencing
Conditions of Approval PM36597 (Planning Application No. 2013-119)
10 of 33
the Planning Department case number(s) (a copy of this cover letter may be
sent to the Planning Department to serve as notification) and identifying one
individual to represent the land divider if there are any questions concerning
the review of the submitted documents; and
2. One (1) copy AND one (1) original, wet signed, notarized and ready for
recordation declaration of covenants, conditions, and restrictions; attached to
these documents there shall be included a legal description of the property
included within the covenants, conditions and restrictions and a scaled map or
diagram of such boundaries, both signed and stamped by a California
registered civil engineer or licensed land surveyor; and
3. A sample document conveying title to the purchaser of an individual lot or
unit which provides that the declaration of covenants, conditions, and
restrictions is incorporated therein by reference; and,
4. A deposit equaling three (3) hours of the current hourly fee for the Review
of Covenants, Conditions and Restrictions established pursuant to County
Ordinance No. 671 at the time the above referenced documents are submitted
to the City Attorney for review and approval.
The declaration of covenants, conditions and restrictions submitted for review
shall a) provide for a minimum term of 60 years, b) provide reciprocal
easements for ingress, egress and parking, c) provide for the establishment of
a property owner's association comprised of the owners of each individual
parcel, and d) contain the following provisions verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the following
provisions shall apply:
The property owners' association established herein shall manage and
continuously maintain the 'landscape area', more particularly described on the
TENTATIVE MAP, attached hereto.
The property owners' association shall have the right to assess the owners of
each individual parcel for the reasonable cost of maintaining such 'landscape
area', and shall have the right to lien the property of any such owner who
defaults in the payment of a maintenance assessment. An assessment lien,
once created, shall be prior to all other liens recorded subsequent to the notice
of assessment or other document creating the assessment lien.
This Declaration shall not be terminated, 'substantially' amended, or property
deannexed therefrom absent the prior written consent of the City of Menifee
Community Development Director or the City's successor -in -interest. A
proposed amendment shall be considered 'substantial' if it affects the extent,
usage, or maintenance of the 'landscape area' or any reciprocal easement
established pursuant to the Declaration.
In the event of any conflict between this Declaration and the Articles of
Incorporation, the Bylaws, or the property owners' association Rules and
Regulations, if any, this Declaration shall control."
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W#**
Once approved, the copy and the original declaration of covenants, conditions
and restrictions shall be forwarded by the City Attorney to the Planning
Department. The Planning Department will retain the one copy for the case
file, and forward the wet signed and notarized original declaration of
covenents, conditions and restrictions to the County Transporation
Department - Survey Division - for safe keeping until the final map is ready for
recordation. The County Transporation Department - Survey Division - shall
record the original declaration of covenents, conditions and restrictions in
conjunction with the recordation of the final map.
17. ECS. The developer/owner shall prepare an Environmental Constraints Sheet
(ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which
shall be submitted as part of the plan check review of the FINAL MAP.
18. Dark Sky Ordinance. The following Environmental Constraints Note shall be
placed on the ECS:
"This property is subject to lighting restrictions as required by the Menifee
Municipal Code Chapter 6.01, the "Dark Sky Ordinance", which are intended
to reduce the effects of night lighting on the Mount Palomar Observatory. All
proposed outdoor lighting systems shall be in conformance with the Dark Sky
Ordinance."
19. Survey Checklist. The Engineering Department shall review any FINAL MAP
and ensure compliance with the following:
A. All parcels on the FINAL MAP shall be in substantial conformance
with the approved TENTATIVE MAP relative to size and configuration.
B. All lots on the FINAL MAP shall comply with the length to width ratios,
as established by Section 3.8.C. of Ordinance No. 460.
C. The total number of parcels on the final map shall be 18.
D. The total amount of condominium units shall be noted on the FINAL
MAP for recordation.
20. Reciprocal Access. The final map shall include the reciprocal access
easement as shown on the TENTATIVE MAP for recordation with the final
map.
21. Fees. Prior to recordation, the Planning Department shall determine if the
deposit based fees for the TENTATIVE MAP are in a negative balance. If so,
any unpaid fees shall be paid by the developer/owner and/or the
developer/owner's successor -in -interest.
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Section III:
En ineerinq/Transportation
Gradinq Conditions of Approval
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The Engineering Department recommends the following additional conditions of
approval for this project. Unless stated otherwise, all conditions shall be completed by
the applicant at not cost to the City or any other Government Agency:
III.A GENERAL ENGINEERING CONDITIONS:
22. Construction Times of Operation. Any construction within the City limits
located 1/4 of a mile from an occupied residence shall be limited to the hours
of 7:00 a.m. to 5:00 p.m., Monday through Saturday, except on nationally
recognized holidays in accordance with Municipal Code Section 8.01.020.
Construction on Sunday or nationally recognized holidays are not permitted
unless prior approval is obtained from the City Building Official or City
Engineer.
III.A.1 Circulation and Dedications
23. ADA Compliance — ADA path of travel shall be designed at the most
convenient accesses and the shortest distance to the buildings in accordance
with ADA design standards and to the satisfaction of the City Engineer and
City Building Official.
24. Off -Site Parking. This project shall not have off -site parking on the street.
25. Traffic Signal Mitigation Program - The applicant shall participate in the
Traffic Signal Mitigation Program as approved by the City Council.
26. TUMF Fee Credit — This project is not eligible for fee credit against
Development Impact Fees or other fees received by the City. Any credit of
transportation Uniform Mitigation Fees is governed by WRCOG.
27. Driveways — The following designations shall describe the locations of the
project driveway access points.
Westerly Driveway — Proposed westerly driveway on Zeiders
Road at Parcel 4.
Southerly Driveway — Proposed southerly driveway on Ciccotti
Street on the north side between Parcel 2 and 3.
Easterly Driveway — Proposed easterly driveway on Bailey Park
Blvd. on Parcel 2.
The two proposed driveways shall be constructed prior to building occupancy.
28. Driveway Approaches — Commercial Driveway approaches shall be
designed per Modified County of Riverside standard 207A. The sidewalk
across the driveway approach shall be in the public right of way.
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29. Paving — Roadway Paving shall conform to Ordinance 461. The
applicant/applicant shall be responsible for obtaining the paving inspections
required by Ordinance 457.
Road Improvements
30. Zeiders Road shall be improved within a dedicated right-of-way to provided for
a modified urban arterial highway standards per County Standard 93. All
easements and right -of way for roadways shall be granted to the City of
Menifee. The parkway areas behind the street curb within the right-of-way,
not including the handicap ramps shall be landscaped and irrigated and
maintained by the L&LMD in accordance with their requirements.
31. Bailey Park Blvd. shall be improved within a dedicated right-of-way to provide
for a part -width Industrial Collector, standards per County Standard 111 with a
5' modified shoulder. All easements and right -of way for roadways shall be
granted to the City of Menifee.
32. Ciccotti Street shall be improved within a dedicated right-of-way to provide for
a full -width Industrial Collector, standards per County Standard 111.
33. Encroachment Permits — All work to be performed in City, State, or local
agency right-of-way shall obtain all required encroachment permits and
clearances prior to commencement of work.
34. Concrete Work — All concrete work including curbs, gutters, sidewalks,
driveways, cross gutters, catch basins, manholes, vaults, etc. shall be
constructed with concrete having a 28 day minimum strength of 3,250 psi.
35. Landscape and Lighting Maintenance District (ULMD) - The applicant
shall submit to the City or its designee, the Transportation Department L&LMD
Administrator the following:
a. Completed Engineering Department application
b. (2)Sets of street lighting plans approved by Engineering
Department.
c. (2)Sets of landscape and irrigation plans approved by Engineering
Department.
d. Appropriate fees for annexation.
e. "Streetlight Authorization" form from SCE, IID or other electric
provider.
36. Assessment Districts - Should this project lie within any assessment/benefit
district, the applicant shall, prior to issuance of a building permit, make
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application for and pay for their reapportionment of the assessments or pay
the unit fees in the benefit district.
37. Sewer Lines — All sewer line alignments shall be designed such that the
manholes are aligned with the center of lanes or on the lane line and in
accordance with Ordinances 460/461 and Eastern Municipal Water District
standards.
38. Water Mains and Hydrants - All water mains and fire hydrants providing
required fire flows shall be constructed in accordance with the appropriate
sections of Riverside County Ordinance No. 460 and/or No. 787, subject to the
approval by Eastern Municipal Water District and the Riverside County Fire
Department.
39. Dry Utility Installations - Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance
with Ordinance 460 and 461, or as approved by the Engineering Department.
111.A.2 Grading and Drainage
40. General Grading Conditions - All grading shall conform to the latest edition
of the latest adopted edition of the California Building Code, City General Plan,
Ordinance 457 and all other relevant laws, rules and regulations governing
grading in the City. Ordinance 457 requires a grading permit prior to clearing,
grubbing, or any top soil disturbances related to construction grading notice:
Operators of construction projects are required to comply with the National
Pollutant Discharge Elimination System (NPDES) Construction Permit from
the State Water Resources Control Board (SWRCB). The Construction Permit
requirement applies to this project and the applicant may obtain compliance by
electronically submitting a Notice of Intent (NOI) and monitoring plan for the
construction site. For additional information and to obtain a copy of the
NPDES state construction permit, contact SWRCB.
41. Grading Permit for Clearing and Grubbing - Ordinance 457 requires a
grading permit prior to clearing, grubbing, or any top soil disturbances related
to construction grading.
42. Geotechnical and Soils Reports Submittals - All grading shall be done in
conformance with the recommendations of the included geotechnical/soils
reports and under the general direction of a licensed geotechnical engineer.
Geotechnical/soils reports shall be submitted to the City Engineering
Department for approval prior to issuance of a grading permit. All grading shall
be in conformance with the recommendations of the geotechnical/soils reports
as approved by the City. The geotechnical/soils, compaction and inspection
reports will be reviewed in accordance with the Riverside County Geotechnical
Guidelines for Review of Geotechnical and Geologic Reports. A pre -grading
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meeting, certifications, approvals and inspection procedures will be
implemented per the City Building and Safety Grading Inspection process.
43. Grading Bonds - Grading in excess of 199 cubic yards will require
performance security to be posted with the City Engineering Department.
44. Import/Export - In instances where a grading plan involves import or export,
prior to obtaining a grading permit, the applicant shall have obtained approval
for the import/export location from the City Engineering Department.
Additionally, if either location was not previously approved by an
Environmental Assessment, prior to issuing a grading permit a Grading
Environmental Assessment shall be submitted to the City Engineering
Department for review and comment and to the Menifee City Engineer for
approval. A haul route must be submitted and approved by the Engineering
department prior to grading operations.
45. Offsite Grading Easements - Prior to the issuance of a grading permit, it
shall be the sole responsibility of the applicant to obtain any and all proposed
or required easements and/or permissions necessary to perform the grading
herein proposed. A notarized agreement and recorded documents shall be
submitted to the Engineering Department,
46.2:1 Maximum Slope - Graded slopes shall be limited to a maximum
steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved.
47. Slope Erosion Control Plan - Erosion control - landscape plans, required for
manufactured slopes greater than 3 feet in vertical height, are to be signed by
a registered landscape architect and bonded per the requirements of
Ordinance 457.
48. Erosion Control - Graded but undeveloped land shall provide, in addition to
erosion control planting, any drainage facilities deemed necessary to control
or prevent erosion. Erosion and sediment control BMPs are required year
round in compliance with the State Water Resources Control Board (SWRCB)
General Construction Permit. Additional erosion protection may be required
during the rainy season from October 15 to April 15
49. Dust Control - During the actual grading, all necessary measures to control
dust shall be implemented by the applicant in accordance with AQMD
requirements. A watering device shall be present and in use at the project site
during all grading operations.
50. Design Criteria:
a. On -Site Parking — Parking stalls and driveways shall not have grade
breaks exceeding 4%. A 50' minimum vertical curve shall be provided
where grade breaks exceed 4%. 5% grade is the maximum slope for any
parking area.
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b. Down Drains - Concrete down drains that outlet onto parking lot areas
are not allowed. Drainage that has been collected in concrete ditches or
swales should be collected into the drainage system underground or outlet
with appropriate velocity reducers into BMP devises.
c. Slopes - All manufactured slopes exceeding 3' shall have some type of
drainage swale at the toe of the slope to collect any runoff.
d. Pavement - Permeable pavement requires the layers of filter material to
be installed relatively flat. As such, the permeable pavement areas should
have a maximum surface gradient of 2%.
Any of the above considerations may require a redesign of the project.
Significant redesigns may require a revised Plot Plan.
51. Drainage Grade - Minimum drainage design grade shall be 1% except on
Portland cement concrete surfaces where 0.5% shall be the minimum. The
engineer of record must submit a variance request for design grades less than
1 % with a justification for a lesser grade.
52. Maximum and minimum grade Advice - Engineer of record is advised to not
base the design on minimum and maximum grades for ADA and project
grading design to allow for construction tolerances. Any improvement that is
out of the minimum and maximum values will not be accepted by the City
Inspector. It will need to be removed and replaced at owner's expense.
53. Drainage Facilities and Terracing - Provide drainage facilities and terracing
in conformance with Section J109 of the California Building Code.
54. Perpetual Drainage Patterns - The property's grading shall be designed in a
manner that perpetuates the existing natural drainage patterns with respect to
tributary drainage area, outlet points and outlet conditions; otherwise, a
drainage easement shall be obtained from the affected property owners for the
release of concentrated or diverted storm flows. A copy of the recorded
drainage easement shall be submitted to the District for review.
55. 100 Year Drainage Facilities - All drainage facilities shall be designed to
accommodate 100 year storm flows as approved by the City of Menifee.
56. Flood Hazard Report.
57. Trash Racks. Trash racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large floatable debris.
III.A. 3 NPDES and WQMP
58. WQMP. This development is located within the San Jacinto River watershed,
and all onsite storm runoff is tributary to Canyon Lake. In compliance with
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Santa Ana Regional Water Quality Control Board Order Number NPDES - R8-
2010 - 0033, projects submitted within the western region of the
unincorporated area of Riverside County for discretionary approval will be
required to comply with the Water Quality Management Plan for Urban Runoff
(WQMP): The WQMP addresses post -development water quality impacts from
new development and redevelopment projects. The WQMP requirements will
vary depending on the project's geographic location (Santa Ana or Santa
Margarita watersheds). The WQMP provides detailed guidelines and
templates to assist the developer in completing the necessary studies. These
documents are available on-line at: www.floodcontrol.co.riverside.ca.us under
Programs and Services, Storm Water Quality.
To comply with the WQMP a developer must submit a "Project Specific"
WQMP. This report is intended to a) identify potential post -project pollutants
and hydrologic impacts associated with the development; b) identify proposed
mitigation measures (BMPs) for identified impacts including site design,
source control and treatment control post -development BMPs; and c) identify
sustainable funding and maintenance mechanisms for the aforementioned
BMPs. A template for this report is included as'exhibit A' in the WQMP. A final
Project Specific WQMP must be approved by the City Engineering
Department prior to issuance of building or grading permits.
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; however, additional revisions to the PWQMP may be
required during the Final WQMP approval. The following revisions may be
required:
a. An infiltration test is required for infiltration treatment.
b. Infiltration calculations per the Riverside County Stormwater Quality BMP
Handbook.
c. BMP design flow backup calculations were not included in Preliminary
WQMP. The final WQMP shall contain the backup calculations.
Additional BMPs may be required if BMP design flow rates differ from
Preliminary WQMP.
The project shall incorporate structural LID practices for the site in
consideration of the site's land use, hydrology, soil type, climate and rainfall
patterns. . Frequently used LID practices include:
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i. Bioretention cells, also known as rain gardens
ii. Cisterns and rain barrels
iii. Green roofs
iv. Pervious concrete, also called "porous pavement", similar to
Permeable paving
v. Grassed swales, also known as bioswales.
vi. On -site infiltration
WQMP Report shall address restaurant BMPs such as cleaning restaurant
floor mats, cleaning exhaust filters, kitchen grease, kitchen recyclable oil, meat
fat, cleaning grease interceptor or trap etc.
A grease interceptor/trap shall be provided and shown on the WQMP Site
Plan.
59. BMP Facilities Maintenance. This project proposes BMP facilities that will
require maintenance by public agency or commercial property owner
association. To ensure that the public is not unduly burdened with future
costs, prior to final approval or recordation of this case, the City will require an
acceptable financial mechanism be implemented to provide for maintenance
of treatment control BMP's in perpetuity. This may consist of mechanism to
assess individual benefitting property owners or other means approved by the
City. The site's treatment control BMP's must be shown on the project's
improvement plans — either the street plans, grading plans, or landscape
plans. The type of improvement plans that will show the BMP's will depend on
the selected maintenance entity.
111.13 PRIOR TO GRADING PERMIT ISSUANCE:
III.B.1 Circulation and Dedications
60. Improvement Plans - Improvement plans for the required improvements must
be prepared and shall be based upon a design profile extending a minimum of
300 feet beyond the project boundaries at a grade and alignment as approved
by the City Engineering Department. Completion of road improvements does
not imply acceptance for maintenance by the City.
61. Signing and Striping Plan - A signing and striping plan conforming to all
requirements, conditions, and provisions of the CAMUTCD is required for this
project. The applicant shall be responsible for any additional paving required
to implement the striping plan. Traffic signing and striping shall be performed
by City forces with all incurred costs borne by the applicant, unless otherwise
approved by the City Engineer.
62. Construction Traffic Control Plan - Prior to commencement of construction
of any kind, the applicant shall submit to the City Engineering Department for
approval a Construction Traffic Control Plan in compliance with the latest
CAMUTCD standards. This plan shall address impacts from truck traffic,
noise, and dust and shall propose measures to minimize these effects and
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provide for safe use of the roads during construction. Included in this plan
shall be the Traffic Safety Plan for construction impacts in the road right-of-
way. This plan shall specify, for each phase, what measures are required to
mitigate the following:
a. Dust and dirt fallout from truck loads and from entrainment onto City
roadways. Street sweeping is required biweekly during construction
activity and daily during all grading operations. Corrugated steel panels,
gravel, and wheel washing BMPs shall be installed at all approved
construction entrances as part of the SWPPP.
b. Noise mitigation from truck traffic, including timing of construction, and
operation of vehicles through the surrounding residential streets.
c. Traffic safety within the road right-of-way including temporary traffic
control measures and devices.
63. Sight Distance Exhibit - A separate line of sight exhibit shall be provided with
grading plans to verify adequate sight distance requirements by showing the
limited use areas on the grading plan.
64. Ordinances 461 - With respect to the conditions for tentative exhibits, the
applicants shall provide all street improvements, street improvement plans
and/or road dedications set forth herein in accordance with Riverside County
Road Improvement Standards (Ordinance 461). It is understood that the
exhibit correctly shows acceptable centerline elevations, all existing
easements, traveled ways, and drainage courses with appropriate Q's. These
Ordinances and all conditions of approval are essential parts and a
requirement occurring in one is as binding as though occurring in all. All
questions regarding the true meaning of the conditions shall be referred to the
City Engineering Department.
111.B.2 Grading and Drainage
65. General Grading Introduction - Improvements such as grading, filling, over
excavation and re -compaction, and base or paving which require a grading
permit are subject to the included City Grading conditions of approval.
66. No Building Permit without Grading Permit - Prior to issuance of any
building permit, the property applicant shall obtain a grading permit and/or
approval to construct from the City Engineering Department.
67. Plan Submittals - Two (3) copies of the improvement plans, grading plans
and any other necessary documentation along with supporting hydrologic and
hydraulic calculations shall be submitted to the City Engineering Department
for review. The plans shall receive City approval prior to issuance of grading
permits. All submittals shall be date stamped by the engineer and include the
appropriate plan check deposits. All large format plans shall be bulk folded to
9"x12". A CD of all items shall be submitted with each plan check. A scanned
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image of the final approved improvement plans shall be provided to the City.
ACAD files 2004 or later are required for all final maps upon approval.
68. Improvement Plans. A copy of the BMP improvement plans along with any
necessary documentation shall be submitted to the City for review. A copy of
the improvement plan and grading plan shall be included for reference. The
plans must receive the City's approval prior to issuance of permits. All
submittals shall be date stamped by the engineer and include a completed
Flood Control Deposit Based Fee Worksheet and the appropriate plan check
fee deposit.
69. Site Drainage - Positive drainage of the site shall be provided, and water shall
not be allowed to pond behind or flow over and cut and fill slopes. Where
water is collected in a common area and discharged, protection of the native
soils shall be provided by planting erosion resistant vegetation, as the native
soils are susceptible to erosion by running water. Maximum inclination of all
cut and fill slopes shall be 2 horizontal to 1 vertical. Final determination of the
foundation characteristics of soils within on -site development areas shall be
performed by a geotechnical engineer
111.8.3 NPDES and WQMP
70. Preliminary WQMP. The developer has submitted a report that minimally
meets the criteria for a preliminary project specific WQMP. The report will
need revisions to meet the requirements of a final project specific WQMP.
Redesign of BMPs or additional BMPs may be required. Also, it should be
noted that if 401certification is necessary for the project, the Water Quality
Control Board may require additional water quality measures.
71. Final WQMP - A Final WQMP shall be submitted for review and approval by
the City Engineering Department for all ongoing drainage facilities and
maintenance. The Final WQMP shall conform to the latest requirements set
forth by the Regional Water Quality Control Board, order R8-2010-0033.
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:
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) All trash bins in the trash enclosure shall be leak free and shall
have a lid and be continuously closed.
e) The enclosure area shall be protected from receiving direct rainfall
or run-on from collateral surfaces.
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Rain water or wastewater runoff from trash enclosure is prohibited. Any
standing liquids must be cleaned up and disposed of properly using a mop
and a bucket or a wet/dry vacuum machine. All non hazardous liquids without
solid trash may be put in the sanitary sewer.
An alternate floor drain from the interior of the enclosure that discharges to the
sanitary sewer may be constructed after obtaining approval by EMWD. This
option requires the following:
a) The trash enclosure shall be lockable and locked when not in use
with a 2-inch or larger brass resettable combination lock. Only the
employees and staff authorized by the enclosure owner shall have
access to it. This requirement may make this option not applicable
to apartment and commercial complexes with multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of
gasses from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection
nearby with an approved backflow preventer. The spigot shall be
protected and located at the rear of the enclosure to prevent
damage from bins.
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 longer 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.
72. BMP Maintenance Agreement — Project owner shall execute and record
BMP Maintenance Agreement upon approval of final WQMP.
73. NPDES/SWPPP REQUIREMENT- This project is larger than one (1) acre or is
part of a larger project that will disturb one (1) or more acres. Prior to issuance
of any grading or construction permits - whichever comes first, the applicant is
required to comply with the State Water Resources Control Board Order
Number 2009-0009-DWQ (NPDES No. CAS000002) for the National Pollutant
Discharge Elimination System Construction General Permit. A Storm Water
Pollution Prevention Plan (SWPPP) shall be submitted to the City Engineering
Department for review prior to be certified by the legal responsible person in
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the SMARTS system. Once accepted by the City, the PRDs shall be uploaded
to the SMARTS system and a copy of the WDID letter from the Board shall be
submitted to the City. Clearance for grading shall not be given until the City
Engineering Department has determined that the project applicant has
complied with such Order
III.0 PRIOR TO BUILDING PERMIT ISSUANCE:
lll.C.2 Grading and Drainage
74. Grading Conditions - The property applicant shall obtain a grading permit
and approval to construct from the City Engineering Department. The
applicant's civil engineer shall provide the standard City of Menifee rough
grade certification form prior to issuance of building permit for each building.
The applicant's geotechnical engineer shall submit compaction reports with
90% or better prior to building permit issuance.
75. Conform to Elevations/Geotechnical Compaction - Rough Grade
Elevations of all building pads and structure pads submitted for grading plan
check approval shall be in substantial conformance with the elevations shown
on the approved Grading Plans. The appropriate Engineer -of -Record Rough
Grade Certification shall be submitted for verification/acceptance to the City
Engineering Department. The appropriate Engineer -of -Record Compaction
Testing Certification meeting compliance with the approved project
geotechnical/soils report shall be submitted for verification/acceptance to the
City Engineering Department.
76. Signing and Striping Plan - A signing and striping plan conforming to all
requirements, conditions, and provisions of the CAMUTCD is required for this
project. The applicant shall be responsible for any additional paving required
to implement the striping plan. Traffic signing and striping shall be performed
by City forces with all incurred costs borne by the applicant, unless otherwise
approved by the City Engineer.
77. Street Light Plan - A separate street light plan is required for this project.
Street lighting shall be designed in accordance with Street Light Specification
Chart found in Specification Section 22 of Ordinance 461. For projects within
SCE boundaries use County of Riverside Ordinance 461, Standard No's 1000
or 1001.
78. Financing Mechanism - The applicant/developer or any successor in interest,
shall participate in the establishment and funding of a public/private
infrastructure financing mechanism including, but not limited to, a Community
Facilities District, Infrastructure Financing District, payment of DIF, private
loans or grants or other public and/or private funding mechanism(s). Evidence
of financing the developer's share of the ultimate improvements shall be
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demonstrated to the satisfaction of the City Manager prior to issuance of a
building permit.
79. Utilities Underground - Design. The off -site improvements plans shall show
all utilities to be underground, along the east side of Zeiders Road from the
project frontage and to Scott Road . Any existing above -ground utilities to
remain in use shall be placed underground. Any existing utilities not to be
used shall be abandoned and shall be removed, if determined by the City
Manager or his designee. 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 City. 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.
Written proof for initiating the design and/or application of the relocation issued
by the utility company shall be submitted to the Public Works Department for
verification purposes.
(Standard County condition, 90.TRANS)
III.C.3 NPDES and WQMP
80. Improvement Plans. A copy of the BMP improvement plans along with any
necessary documentation shall be submitted to the City for review. A copy of
the improvement plan and grading plan shall be included for reference. The
plans must receive the City's approval prior to issuance of permits. All
submittals shall be date stamped by the engineer and include a completed
Flood Control Deposit Based Fee Worksheet and the appropriate plan check
fee deposit. .
81. WQMP. A copy of the project specific WQMP shall be submitted to the City
for review and approval.
Prior to the Recordation of the Parcel Map
82. Restricted Access shall be dedicated along the east side of Zeiders Road,
except one 40' access opening between Parcel 1 and Parcel 3 and show on
the Parcel map.
83. An 40' all weather access easement shall be provided along the north/south
parcel line of Parcel 1 and 2 for reciprocal access into parcels 3 and 4
84. An all weather access easement shall be provided from a City maintained
Road to Parcel 5 for reciprocal access purpose.
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85. Public Improvement Plans. The off -site public improvements plans shall be
constructed as follows:
(a) Streets:
(i) Zeiders Road — Interim, half width. Zeiders Road shall be
constructed as a Major Highway per Std. No. 93 modified part -width of 89'
of right of way, 38' of street improvements, and 21' parkway with 8'
meandering decomposed granite trail and meandering 6' sidewalk.
Construction limits may be modified to accommodate existing constraints
and transition improvements to existing roadway are required to the
satisfaction of the City Engineer. (Added EOT 1)
(ii) Bailey Park Boulevard — Interim, half width. Bailey Park
Boulevard shall be constructed as an Industrial Collector Street per Std.
No. 111 part -width in 60' of right of way, 46' of street improvements, and
11' parkway with 6' sidewalk. Construction limits may be modified to
accommodate existing constraints and transition improvements to existing
roadway are required to the satisfaction of the City Engineer. (Added
EOT1)
(iii) Ciccotti Street — Permanent, full width. Ciccotti Street shall be
constructed as an Industrial Collector Street per Std. No. 111 full width of
78' right of way, 56' of street improvements, and 11' parkways with 6'
sidewalks. (Added EOT1)
(b) Sidewalks, curbs and gutters along all sides of project frontages —
Permanent;
(c) All corner cutbacks shall be applied per Standard 805, Ordinance 461;
(Standard County condition, 80.TRANS)
(iv) Landscaping within public road right-of-way shall comply with
Ordinance 461 and shall require approval by the City. Landscaping plans
shall be designed within Zeiders Road and Ciccotti Street and submitted
to the City. Landscaping plans shall be submitted on standard City Plan
sheet format (24" X 36"); (Standard County condition, 80.TRANS)
(v) The project proponent shall comply in accordance with traffic
signal requirements within public road rights -of -way, as directed by the
City Manager. 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);
(vi) The street design and improvement concept of this project shall
be coordinated between, and for each, PP 21452 and PP 22280; and
(Standard County condition, 90.TRANS)
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(vii) 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. (Standard County condition,
90.TRANS)
(viii) Zeiders Road shall be constructed as a Major Highway per Std.
No. 93 modified part -width of 89' of right of way, 38' of street
improvements, and 21' parkway with 8' meandering decomposed granite
trail and meandering 6' sidewalk. Construction limits may be modified to
accommodate existing constraints and transition improvements to existing
roadway are required to the satisfaction of the City Engineer. (Added EOT
1)
III.D PRIOR TO CERTIFICATE OF OCCUPANCY
III.D.1 Circulation and Dedications
86. Westerly Driveway Improvements and Landscape — The Westerly
Driveway Improvements on Zeiders Road shall be completed at the
satisfaction of the City Engineer.
87. Ciccotti Street Driveway — The driveway on the Northerly side of Ciccotti
Street shall be completed at the satisfaction of the City Engineer.
88. Landscape and Lighting Maintenance District (LLMD) - Prior to issuance of
an occupancy permit the project proponent shall complete annexation to
Landscaping and Lighting Maintenance District No. 89-1-Consolidated for
maintenance of traffic signals within public road rights -of -way for the required
traffic signal(s).
89. Street Sweeping - Owner shall cause property to be annexed into CSA152 or
similar district or mechanism for NPDES BMP of street sweeping, as approved
by the City Engineer.
90. Completion of LLMD Annexation - Prior to issuance of an occupancy permit,
the project proponent shall complete annexation to Lighting Maintenance
District No. 89-1-Consolidated for maintenance of traffic signals, street lights,
common landscape and BMP's within public road rights -of -way.
91. Fees - Applicant shall pay fees as applicable into the regional transportation
funding programs for off -site improvements. The regional transportation
funding programs include the Transportation Uniform Mitigation Fee (TUMF),
the Traffic Signal Mitigation Fees, the Development Impact Fees (DIF), and
any applicable Road and Bridge Benefit District (RBBD) Fee.
92. Application for Annexation to Landscape and Lighting Maintenance
District. Prior to the issuance of building permits, the applicant shall comply
with City requirements within public road rights -of -way, in accordance with
Ordinance 461, for assurance of maintenance by filing an application for
annexation to Landscaping and Lighting Maintenance District No. 89-1-
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Consolidated and/or any other maintenance district approved by the City.
Said annexation should include the following:
(a) Landscaping along Zeiders Road, Ciccotti Street, and Bailey Park
Boulevard;
(b) Street lights;
(c) Traffic signals; and
(d) Street sweeping.
For street lighting, the project proponent shall contact the City and submit the
following:
(e) Completed Public Works Department application;
(f) Appropriate fees for annexation;
(g) Two sets of street lighting plans approved by the City; and
(h) "Streetlight Authorization" form from Southern California Edison, IID, or
other electric provider.
(Standard County condition, 80.TRANS)
93. 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 Ordinance 460 and the Streetlight Specification
Chart found in Specification Section 22 of Ordinance 461. For projects within
SCE boundaries, use Ordinance 461, Standard No. 1000 or No. 1001. For
projects within Imperial Irrigation District (IID), use IID's pole
standard. (Standard County condition, 80.TRANS)
Ill. D.2 Gradina and Drainaae
94. Conform to Elevations - Final Grade Elevations of all building finish floors
and structure finish floors submitted for grading plan check approval shall be
in substantial conformance with the elevations shown on the approved
Grading Plans. The appropriate Engineer -of -Record Final Grade Certification
shall be submitted for verification/acceptance to the City Engineering
Department.
95. Final Grade Certification — The applicant's civil engineer shall provide the
standard City of Menifee final grade certification form prior to certificate of
occupancy of each building.
96. Plant and Irrigated Slopes - Plant and irrigate all slopes greater than or
equal to 3' in vertical height with grass or ground cover. Slopes that exceed
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15' in vertical height are to be provided with shrubs and/or trees per County
Ordinance 457. Drip irrigation shall be used for all irrigated slopes.
97. BMP Education. The developer shall distribute environmental awareness
education materials on general good housekeeping practices that contribute to
protection of stormwater quality to all initial users. The developer may obtain
NPDES Public Educational Program materials from the District's NPDES
Section by either the District's website: www.floodcontrol.co.riverside.ca.us, e-
mail fcnpdes@co.riverside. ca. us, or the toll free number 1-800-506-2555.
Please provide Project number, number of units and location of development.
Note that there is a five-day minimum processing period requested for all
orders.
The developer must provide to the City a notarized affidavit stating that the
distribution of educational materials to the tenants is assured prior to the
issuance of occupancy permits.
98. BMPs Installed. All structural BMPs described in the project -specific WQMP
shall be constructed and installed in conformance with approved plans and
specifications. It shall be demonstrated that the applicant is prepared to
implement all non-structural BMPs described in the approved project specific
WQMP and that copies of the approved project -specific WQMP are available
for the future owners/occupants. The District will not release occupancy
permits for any portion of the project exceeding 80% of the project area prior
to the completion of these tasks.
99. BMP Maintenance. The BMP maintenance plan shall contain
provisions for all treatment controlled BMP's to be inspected, and if required,
cleaned no later than October 151" each year. Required documentation shall
identify the entity that will inspect and maintain all structural BMP's within the
project boundaries. A copy of all necessary documentation shall be submitted
to the City for review and approval prior to the issuance of occupancy permits.
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Section IV:
Riverside County Fire Department
Conditions of Approval
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General Conditions
West Fire Protection Planning Office Responsibility It is the responsibility of
the recipient of these Fire Department conditions to forward them to all interested
parties. The permit number (13-MENI-PM-118) is required on all
correspondence.
Additional information is available at our website: www.rvcfire.org go to the link
marked "Ordinance 787".
Questions should be directed to the Riverside County Fire Department, Fire
Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501.
Phone: (951) 955-4777, Fax: (951) 955-4886.
2. City Case Statement. With respect to the conditions of approval for the
referenced project, the Fire Department recommends the following fire protection
measures be provided in accordance with Riverside County Ordinance and/or
recognize fire protection standards.
3. Retroreflective Pavement Markers. Blue retroreflective pavement markers
shall be mounted on private streets, public streets and driveways to indicate
location of fire hydrants. Prior to installation, placement of markers must be
approved by the Riverside County Fire Department.
4. Fire Flow. The water mains shall be capable of providing a potential fire flow
4,000 GPM and an actual fire flow available from any one hydrant shall be 2,500
GPM for 2 hours duration at 20 PSI residual operating pressure.
Prior to Final Mao
5. Water System Plans. The applicant or developer shall furnish one copy of the
water system plans to the Fire Department for review. Plans shall be signed by a
registered civil engineer, containing a Fire Department approval signature block,
and shall conform to hydrant type, location, spacing and minimum fire flow.
Once plans are signed by local water company, the originals shall be presented
to the Fire Department for signature.
6. ECS Note. ECS map must be stamped by Riverside County Surveyor with the
following Note: The required water system, including fire hydrants, shall be
installed and accepted by the appropriate water agency prior to any combustible
building material placed on an individual lot.
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The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that 1 so consent as of the date set out below.
Signed
Name (please print)
Date
Title (please print).
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