PC13-155Resolution PC 13-155
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE APPROVING PLOT PLAN NO. 2013-042 FOR NEWPORT
TOWNE SQUARE ON NEWPORT ROAD
Whereas, on February 27, 2013, the applicant, Newport Towne Square, LLC,
filed a formal application with the City of Menifee for a plot plan to construct and
operation of a retail shopping center including two buildings totaling 12,197 sq. ft on 2.65
gross acres located between Haun Road and Avenida de Cortez north of Newport Road
within the City of Menifee; and,
Whereas, on November 12, 2013, the Planning Commission held a public
hearing on the Project, considered all public testimony as well as all materials in the staff
report and accompanying documents for Plot Plan No. 2013-042, 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 November 12, 2013, the City of Menifee Planning Commission
made the following Findings for Plot Plan No. 2013-042:
Consistency with the General Plan. The plot plan is consistent with the General
Plan Land Use Map, Specific Plan and applicable General Plan objectives,
policies, and programs.
The General Plan land use of the site is Commercial Retail (CR) in the
Community Development Foundation. The proposed project meets the
requirements of the Community Development: Commercial Retail General Plan
land use designation.
The project is within the Newport Hub Specific Plan. The General Plan Land Use
Designation described above is compatible with the underlying zoning
classification of Specific Plan (Newport Hub). The project is consistent with the
design guidelines, zoning and development standards of the Specific Plan.
The project is consistent with General Plan Land Use Policy LU 23.9, which
requires that commercial development be designed to consider their
surroundings and visually enhance, not degrade, the character of the
surrounding area. The project proposes high quality attractive commercial use
and the site is landscaped. The project will enhance the surrounding area.
Surrounding General Plan Land Use designations are Commercial Retail to the
north and east, Mixed Use per the Town Center Specific Plan to the south, and
Medium Density Residential to the west. The project is consistent with the
surrounding existing and planned commercial land uses. The project is
compatible with the existing residential land uses to the west, which are
separated from the project site by Paloma Wash and the planned residential land
uses to the south, which are separated from the project site by Newport Road
which is a major arterial road.
The future proposed general plan land use designation for the property is
Specific Plan. The intent of this land use designation is to recognize areas where
an existing specific plan is in place and to provide policies, standards and criteria
Resolution No PC 13-155
PP 2013-042
November 12, 2013
for the development or redevelopment of these areas. The project is consistent
with the existing general plan land use and there is a reasonable possibility that
the project will be consistent with future general plan and; therefore, shall not
interfere with the future adopted general plan, including a housing element that is
consistent with the state housing element law.
The City of Menifee has two active conservation plans within the City's boundary,
the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat
Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the
SKR-HCP and the Western Riverside County MSHCP. The project site is
located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee
Area. The proposed project is located within the boundaries of the Western
Riverside County Multiple Species Habitat Conservation Plan; however, the
project is not located with a Criteria Cell or Cell Group. The project will be
subject to the payment of fees for a commercial project consistent with the
Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore,
the project will not conflict with the provisions of the adopted HCP, Natural
Conservation Community Plan, or other approved local, regional, or state
conservation plan and the impact is considered less than significant.
2. Consistency with the Zoning Code.
The project is zoned Specific Plan (Newport Hub). The Specific Plan refers back
to the Scenic Highway Commercial designation of Ordinance 348. The project is
consistent with the existing zoning and development standards. The proposed
signs affixed to the buildings are consistent with the development standards for
on -site advertising specified within Ord. 348, Section 19.4.
The proposed sign program proposes a total of three (3) free standing monument
signs; two (2) along Newport Road and one (1) along Haun Road. These
monument signs deviate from zoning code standards which typically limit the
number of free standing signs to one (1) per parcel per street frontage. Currently
the project site consists of two (2) entire parcels and portions of two other
parcels, which could allow for multiple freestanding signs. However, an
associated Lot Line Adjustment for development of the project would make the
current project area into one (1) parcel, thus limiting the number of freestanding
signs. With the approval of the variance based on the separate findings for the
variance, the proposed project is consistent with the Zoning Code.
Surrounding zoning includes the Menifee Town Center Specific Plan
(Office/Commercial) to the south, Newport Hub Specific Plan (Scenic Highway
Commercial) to the east and north, and Watercourse, Watershed, and
Conservation Areas (W-1), and One -Family Dwelling (R-1) to the west. These
classifications are compatible with the Specific Plan (Newport Hub, PA 1, Scenic
Highway Commercial (C-P-S)) zone of the project site.
3. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or injurious
to or incompatible with other properties or land uses in the project vicinity.
The northern boundary abuts vacant parcels that are designated for commercial
land use. To the east lies an existing gas station, convenience store, and car
Resolution No PC 13-155
PP 2013-042
November 12, 2013
wash. To the south is vacant land designated for commercial/office land uses
across Newport Road. To the west is the Paloma Wash with single-family
residential land uses just beyond the wash area.
The proposed project is compatible with the surrounding land uses, general plan
land use designations and zoning classifications. The project incorporates
quality architecture and landscaping which will enhance the area. Environmental
impacts resulting from the project have been analyzed in a negative declaration
which determined impacts including, but not limited to, air quality, greenhouse
gas emissions, water quality, noise, and traffic would all be less than significant.
Therefore, the project is not anticipated to create conditions materially
detrimental to the public health, safety and general welfare or injurious to or
incompatible with other properties or land uses in the project vicinity.
4. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
A Negative Declaration has been completed for the proposed project. The
negative declaration/environmental assessment did not identify any potentially
significant impacts.
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. Plot Plan No. 2013-042 is hereby approved subject to the Conditions of Approval
Exhibit "A" to this Resolution.
PASSED, APPROVED AND ADOPTED thjs JMe 14h day of November, 2013.
Chairman
Attest:
Je ifer Allen, Planning Commission Secretary
Approved as to form:
Ja��Juli ayward Bigg ity Attorney
Scott A. Mann
Mayor STATE OF CALIFORNIA )
Wallace W. Edgerton COUNTY OF RIVERSIDE ) ss
Deputy Mayor CITY OF MENIFEE )
John V.Denver
ber
CouncitmemI, Jennifer Allen, Planning Commission Secretary of the City of Menifee. do
il
hereby certify that the foregoing Resolution No. PC13-155 was duly adopted by
Thomas Fuhrman the Planning Commission of the City of Menifee at a meeting thereof held on the
Counciimember 12`h day of November, 2013 by the following vote:
Greg August Councilmember Ayes: Liesemeyer, Matelko, Phillips, Sobek, Thomas
Noes: None
Absent: None
Abstain: None
Z
Jen i er Allen, Planning Commission Secretary
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnen1fee.us
EXHIBIT 49
1"
Conditions of Approval for
Plot Plan No. 2013-042
"Newport Towne Square"
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Fire Department
Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
Section VI: Riverside County Environmental Programs
Department
Page 1 of47
Section I:
Conditions Applicable to all
Departments
Page 2 of 47
General Conditions
Description. Planning Case No. 2013-042 (Plot Plan) is a proposal for the
development of a retail shopping center including two buildings totaling 12,197
sq. ft on 2.65 gross acres. Building A is proposed for a sit down restaurant and
bar use (Applebee's) and is 5,490 sq. ft. Building F is proposed for retail and fast
food uses (Five Guys and Jersey Mike's) and is 6,707 sq. ft. There is a total of
148 parking spaces provided, including 8 parking spaces for persons with
disabilities. 11,469 sq. ft. of landscaping is proposed. Access to the site is
proposed from an existing driveway on Newport to be shared with the
neighboring gas station, an existing driveway on Haun Road which is also shared
with the gas station, however, the drive aisle will need to be extended west
behind the gas station to the site, and a new proposed second driveway on
Newport Road. Maximum building height for Building A is 23 feet and 1 inch and
for Building F is 34 feet and 6 inches. Fencing along the western boundary of the
project adjacent to Paloma Wash consists of a tubular steel fence on top of the
proposed retaining wall.
The proposal also includes three monument signs; one located at the entrance
on Haun Road and two located along the Newport Road frontage on either side
of the proposed driveway, one of which would be dedicated. The project also
includes approval of the sign program. The sign program includes the following
signs:
a. Two Illuminated Double Face Monument Signs (10 feet in height, 21.86
square feet of cabinet signs per side, not including the center
identification)
b. One Illuminated Double Face Monument Sign for single sign (6 feet in
height, 15 square feet of cabinet signs per side)
c. One primary wall mounted sign for Building A totaling 53.67 square feet.
d. Three secondary wall mounted signs for each non -entrance side of
Building A, each totaling 39.47 square feet.
e. Typical primary and secondary shop tenant signs for west and east sides
of Building F, respectively
2. Indemnification. The permitee shall indemnify, protect, defend, and hold
harmless, the City and any agency or instrumentality thereof, and/or any of its
officers, employees and agents (collectively the "City") from any and all claims,
actions, demands, and liabilities arising or alleged to arise as the result of the
permitee's performance or failure to perform under this Plot Plan or the City's
approval thereof, or from any proceedings against or brought against the City, or
any agency or instrumentality thereof, or any of their officers, employees and
agents, to attack, set aside, void, annul, or seek monetary damages resulting
from an action by the City, or any agency or instrumentality thereof, advisory
agency, appeal board or legislative body including actions approved by the
voters of the City, concerning Plot Plan No. 2013-042 (2013-042 PP), Variance
No. 2013-174 (2013-174 VAR), the Environmental Assessment and any approval
hereunder.
Page 3 of 47
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. 2013-042 shall be henceforth defined as
follows:
Permitee, Applicant, Project Permitee(s), Project Developer(s) shall all
mean the Permitee of this project.
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2013-042, Sheets 1-
3, dated 8/29/13.
APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 2013-042, dated
8/29/13.
APPROVED EXHIBIT D = Drainage Plan for Plot Plan No. 2013-042,
dated 8/29/13.
APPROVED EXHIBIT B = Elevations for Plot Plan No. 2013-042, Sheets
1-5, dated 8/29/13.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2013-042, Sheets
1-2, dated 8/29/13.
APPROVED EXHIBIT L = Landscaping Plan for Plot Plan No. 2013-042,
Sheets 1-3, dated 8/29/13.
APPROVED EXHIBIT S = Signage for Plot Plan No. 2013-042, Sheets 1-
17, dated 8/29/13.
APPROVED EXHIBIT P = Parking Area Lighting for Plot Plan No. 2013-
042, Sheets 1-2, dated 8/29/13.
4. 90 Days. The permitee has 90 days from the date of approval of these conditions
to protest, in accordance with the procedures set forth in Government Code
Section 66020, the imposition of any and all fees, dedications, reservations
and/or other exactions imposed on this project as a result of this approval or
conditional approval of this project.
5. City of Menifee. The City of Menifee is a new City, incorporated on October 1,
2008; the City is studying and adopting its own ordinances, regulations,
procedures, processing and development impact fee structure. In the future the
City of Menifee will identify and put in place various processing fees to cover the
reasonable cost of the services provided. The City also will identify and fund
mitigation measure under CEQA through development impact fees. Such fees
may include but are not limited to processing fees for the costs of providing
planning services when development entitlement applications are submitted,
which fees are designed to cover the full cost of such services, and development
impact fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing districts
to cover the costs of maintenance of improvements constructed by development,
Permitee agrees to petition for formation of, annexation to or inclusion in any
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such financing district and to pay the cost of such formation, annexation or
inclusion.
The permitee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
6. Revocation. In the event the use hereby permitted under this permit, a) is found
to be in violation of the terms and conditions of this permit, b) is found to have
been obtained by fraud or perjured testimony, or c) is found to be detrimental to
the public health, safety or general welfare, or is a public nuisance, this permit
shall be subject to the revocation procedures.
Business Registration. Every person
Menifee shall obtain a business licen:
Code. For more information regarding
Menifee.
conducting a business within the City of
as required by the Menifee Municipal
business registration, contact the City of
8. Expiration Date. This approval shall be used within two (2) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. By
use is meant the beginning of substantial construction contemplated by this
approval within two (2) year period which is thereafter diligently pursued to
completion or to the actual occupancy of existing buildings or land under the
terms of the authorized use. Prior to the expiration of the two year period, the
permittee may request a one (1) year extension of time in which to begin
substantial construction or use of this permit. Should the time period established
by any of the extension of time requests lapse, or should all three one-year
extensions be obtained and no substantial construction or use of this plot plan be
initiated within five (5) years of the effective date of the issuance of this plot plan,
this plot plan shall become null and void.
Page 5 of 47
Section II:
Planning Conditions of Approval
Page 6 of 47
General Conditions
9. Comply with Ordinances. The development of these premises shall comply
with the standards of Riverside County Ordinance No. 348 (hereinafter
Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal
Code and all other applicable ordinances and State and Federal codes and
regulations.
The development of the premises shall conform substantially with that as shown
on APPROVED EXHIBIT A, B, C, G, L, S, P, and D unless otherwise amended
by these conditions of approval.
10. Outside Lighting. Any outside lighting shall be hooded and directed so as not to
shine directly upon adjoining property or public rights -of -way.
11. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT B.
12. Parking.
Based on the Ordinance 348, Section 18.12 parking for restaurant uses
(including fast food) are calculated based on the following ratios: 1 space/45
square feet of serving area (including outdoor serving area) and 1 space/2
employees. This parking rate is applied to the proposed sit down restaurant
uses. The remaining building area anticipated for retail use is based on the
parking ratio of 5.5 spaces/1,000 square feet of building area. The minimum
number of required parking spaces for the proposed buildings and uses is 148.
The site will provide a total of 148 parking spaces, including 8 disabled
accessible stalls.
A minimum of 148 parking spaces shall be provided as shown on the
APPROVED EXHIBIT A, unless otherwise approved by the Planning
Department. The parking area shall be surfaced with asphaltic concrete,
concrete, or porous paving, to current standards as approved by the Department
of Building and Safety.
ADA Parking Spaces:
Page 7 of 47
A minimum of eight (8) accessible parking spaces for persons with disabilities
shall be provided consistent with ADA requirements and as approved by the City
Engineering Department. The location of ADA parking and paths of travel will be
finalized on the final site plan of the proposed project. Each parking space
reserved for persons with disabilities shall be identified by a permanently affixed
reflectorized sign constructed of porcelain on steel, beaded text or equal,
displaying the International Symbol of Accessibility. The sign shall not be smaller
than 70 square inches in area and shall be centered at the interior end of the
parking space at a minimum height of 80 inches from the bottom of the sign to
the parking space finished grade, or centered at a minimum height of 36 inches
from the parking space finished grade, ground, or sidewalk. A sign shall also be
posted in a conspicuous place, at each entrance to the off-street parking facility,
not less than 17 inches by 22 inches, clearly and conspicuously stating the
following:
"Unauthorized vehicles not displaying distinguishing placards or license plates
issued for physically handicapped persons may be towed away at owner's
expense. Towed vehicles may be reclaimed at _ or by telephoning _."
In addition to the above requirements, the surface of each parking space shall
have a surface identification sign duplicating the symbol of accessibility in blue
paint of at least 3 square feet in size.
Bicycle Racks:
Bicycle racks with a minimum of 3 spaces each shall be provided in convenient
locations for each building to facilitate bicycle access to the project area as
shown on APPROVED EXHIBIT A. The bicycle racks shall be shown on project
landscaping and improvement plans submitted for Planning Department
approval, and shall be installed in accordance with those plans.
Loading.
One loading area will be provided for the sit down restaurant building.
13. Signage. No outdoor advertising display, sign or billboard (not including on -site
advertising or directional signs) shall be constructed or maintained within the
property subject to this approval other than that shown on APPROVED EXHIBIT
S. Prior to the installation of any additional on -site advertising display or
structure, the permitee shall submit a plot plan application for signage, including
applicable deposit based fees, to the City of Menifee Planning Department for
review and approval.
14. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not
including on -site advertising or directional signs) shall be constructed or
maintained within the property subject to this approval.
15. Reclaimed Water. The permitee shall connect to a reclaimed water supply for
landscape watering purposes when secondary or reclaimed water is made
available to the site as required by Eastern Municipal Water District.
16. No Permanent Occupancy. No permanent occupancy shall be permitted within
the property approved under this plot plan as a principal place of residence. No
Page 8 of 47
person shall be entitled to vote using an address within the premises as a place
of residence.
17. Exterior Noise Levels. Exterior noise levels produced by any use allowed under
this permit, including, but not limited to, any outdoor public address system, shall
not exceed 55 db(A), 10-minute Leq, between the hours of 10:00 p.m. to 7:00
a.m., and 65 db(A), 10-minute Leq, at all other times as measured at any
residential, hospital, school, library, nursing home or other similar noise sensitive
land use. In the event noise exceeds this standard, the permitee or the
permitee's successor -in -interest shall take the necessary steps to remedy the
situation, which may include discontinued operation of the facilities.
18. Noise Monitoring Reports. The permitee may be required to submit periodic
noise monitoring reports as determined by the Department of Building and Safety
as part of a code enforcement action. Upon written notice from the Department of
Building and Safety requiring such a report, the permitee or the permitee's
successor -in -interest shall prepare and submit an approved report within thirty
(30) calendar days to the Department of Building and Safety, unless more time is
allowed through written agreement by the Department of Building and Safety.
The noise monitoring report shall be approved by the Office of Industrial Hygiene
of the Health Service Agency (the permitee or the permitee's successor -in -
interest shall be required to place on deposit sufficient funds to cover the costs of
this approval prior to commencing the required report).
19. No Outdoor Storage. No outdoor storage is allowed within the site. No storage
lockers, sheds, metal container bins or metal shipping containers will be allowed
to be kept onsite unless reviewed and approved by the Planning Department.
20. Hours of Construction. Construction activities shall be restricted to the hours of
6:30 am to 7:00 pm Monday through Saturday and are prohibited on Sundays
and federal holidays.
21. Rules for Construction Activities. The applicant shall adhere to the Best
Available Control Measures (BACMs). SCAQMD Rules that are currently
applicable during construction activity for the project include but are not limited
to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403
(Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule
403 regulatory requirements that are applicable to the project are as follows:
• All clearing, grading, earth -moving, or excavation activities shall cease when
winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust
emissions.
• The contractor shall ensure that all disturbed unpaved roads and disturbed
areas within the project are watered at least three times daily during dry
weather. Watering, with complete coverage of disturbed areas, shall occur at
least three times a day, preferably in the midmorning, afternoon, and after
work is done for the day. Implementation of this measure is estimated to
reduce PM1oand PM2.5fugitive dust emissions by approximately 61%.
• The contractor shall ensure that traffic speeds on unpaved roads and project
site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5
fugitive dust haul road emissions by approximately 44%.
Page 9 of 47
22. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402
which prohibits a person from discharging any source quantities of air
contaminants or other material which cause injury, nuisance, or annoyance to
any considerable number of persons or to the public.
23. Fill Soils. All fill soils in areas to receive concrete flatwork should be sampled
and tested after grading to determine the expansion index of the soils.
24. Licensing. At all times during the conduct of the permitted use for a bar
associated with a restaurant, the permittee shall maintain and keep in effect valid
licensing approval from the Department of Alcohol Beverage Control, or
equivalent agency as provided by law. Should such licensing be denied, expire or
lapse at any time in the future, this permit shall become null and void.
ARCHEOLOGY
25. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin. Further,
pursuant to Public Resource Code Section 5097.98(b) remains shall be left in
place and free from disturbance until a final decision as to the treatment and
disposition has been made. If the Riverside County Coroner determines the
remains to be Native American, the Native American Heritage Commission shall
be contacted within the period specified by law (24 hours). Subsequently, the
Native American Heritage Commission shall identify the "most likely
descendant." The most likely descendant shall then make recommendations and
engage in consultation concerning the treatment of the remains as provided in
Public Resources Code Section 5097.98. Human remains from other
ethnic/cultural groups with recognized historical associations to the project area
shall also be subject to consultation between appropriate representatives from
that group and the Community Development Director.
26. Inadvertent Archeological Find. If during ground disturbance activities, unique
cultural resources are discovered that were not assessed by the archaeological
report(s) and/or environmental assessment conducted prior to project approval,
the following procedures shall be followed. Unique cultural resources are
defined, for this condition only, as being multiple artifacts in close association
with each other, but may include fewer artifacts if the area of the find is
determined to be of significance due to its sacred or cultural importance as
determined in consultation with the Native American Tribe(s).
i. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the developer,
the archaeologist, the Pechanga tribal representative(s) and the Community
Development Director to discuss the significance of the find.
ii. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community Development
Director, as to the appropriate mitigation (documentation, recovery,
avoidance, etc.) for the cultural resources.
Page 10 of 47
iii. Grading of further ground disturbance shall not resume within the area of the
discovery until an agreement has been reached by all parties as to the
appropriate mitigation.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Treatment and Monitoring Agreement.
LANDSCAPING
27.Interim Landscaping. Graded but undeveloped land shall be maintained in a
condition so as to prevent a dust and/or blow sand nuisance and shall be either
planted with interim landscaping or provided with other wind and water erosion
control measures as approved by the Planning Department and the South Coast
Air Quality Management District (SCAQMD).
28. Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition throughout the life of this permit. To
ensure that this occurs, the Planning Department shall require inspections in
accordance with the prior to building permit issuance landscaping install and
inspected condition.
29. Landscape Plans. All landscaping plans shall be prepared in accordance with
the City's Water Efficient Landscape Ordinance. Such plans shall be reviewed
and approved by the Planning Department, and the appropriate maintenance
authority.
30. Maintenance of Landscaping. All private landscaping shall be maintained by a
property owners association or individual property owner. All landscaping, and
similar improvements not properly maintained by a property owners association
or individual property owners must be annexed into a Lighting and Landscape
District, or other mechanism as determined by the City of Menifee.
FEES
31. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research fee),
or other such review fee as may be in effect at the time of submittal, as required
by Ordinance No. 671, or any successor thereto. Each submittal shall be
accompanied with a letter clearly indicating which condition or conditions the
submittal is intended to comply with.
Prior to Issuance of Grading Permit
32. Lot Line Adjustment Required. A lot line adjustment to modify the lot to match
the parcels lines on APPROVED EXHIBIT A is required prior to issuance of a
grading permit.
33. Fugitive Dust Control.
The
permitee shall implement
fugitive
dust control
measures in accordance
with
Southern California Air
Quality
Management
District (SCAQMD) Rule
403.
The permitee shall include in
construction
Page 11 of 47
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;
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;
Page 12 of 47
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.
ARCHEOLOGY
34. Archeologist Retained. Prior to issuance of a grading permit, the Planning
Department shall review the proposed grading plans to determine the depth of
grading, including but not limited to foundation excavations, trenching and utility
installations. Should grading activities include excavation into native soils (i.e.,
below two feet in fill areas or areas where no prior grading activities occurred or
fill materials have been added), then the project applicant shall retain a Riverside
County qualified archaeologist to monitor all ground disturbing activities in an
effort to identify any unknown archaeological resources.
The Project Archaeologist and the representative(s) from the Native American
Tribe (s) shall be included in the pre -grade meetings to provide cultural/historical
sensitivity training including the establishment of set guidelines for ground
disturbance in sensitive areas with the grading contractors. The Project
Archaeologist and the Tribal representative(s) shall manage and oversee
monitoring for all initial ground disturbing activities and excavation of each
portion of the project site including clearing, grubbing, tree removals, mass or
rough grading, trenching, stockpiling of materials, rock crushing, structure
demolition and etc. The Project Archaeologist and the Tribal representative(s),
shall have the authority to temporarily divert, redirect or halt the ground
disturbance activities to allow identification, evaluation, and potential recovery of
cultural resources in coordination with any required special interest or tribal
monitors.
The developer/permit holder shall submit a fully executed copy of the contract to
the Planning Department to ensure compliance with this condition of approval.
Upon verification, the Planning Department shall clear this condition.
Any newly discovered cultural resources shall be subject to an evaluation, in
consultation with the Native American Tribe(s) and which will require the
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development of a , and must include a treatment plan and monitoring agreement
for the newly discovered resources.
35. Cultural Resource Agreement. Prior to issuance of a grading permit, the
Planning Department shall review the proposed grading plans to determine the
depth of grading, including but not limited to foundation excavations, trenching
and utility installations. Should the depths include excavation into native soils
(i.e. below two feet in fill areas or areas where no prior grading activities occurred
or fill materials have been added), then the project applicant shall enter into an
agreement with and retain a monitor(s) designated by the Pechanga Band of
Luiseno Mission Indians and Soboba Band of Luiseno Indians. The project
Applicant shall contact the Pechanga Tribe and Soboba Tribe at least 30 days
prior to beginning project construction, to notify the Tribes of grading, excavation
and the monitoring program, and to coordinate with the City of Menifee and the
Tribes to develop a Cultural Resources Treatment and Monitoring Agreement.
The Agreement shall address the treatment of known cultural resources, the
designation, responsibilities, and participation of professional Native American
Tribal monitors during grading, excavation and ground disturbing activities;
project grading and development scheduling; compensation for the monitors
based upon current tribal monitoring rates; and treatment and final disposition of
any cultural resources, newly discovered cultural resources, sacred sites, and
human remains discovered on the site.
The developer/permit holder shall submit a fully executed copy of the
agreements to the Planning Department to ensure compliance with this condition
of approval. Upon verification, the Planning Department shall clear this condition.
36. Native American Monitoring. Prior to issuance of a grading permit, the
Planning Department shall review the proposed grading plans to determine the
depth of grading, including but not limited to foundation excavations, trenching
and utility installations. Should the depths exceed two feet then the Project
Archeologist shall file a pre -grading report with the City of Menifee (if required) to
document the proposed methodology for grading activity observation which will
be determined in consultation with the Pechanga Tribe and Soboba Tribe. Said
methodology shall include the requirement for a qualified archeological monitor
from each Tribe potentially to be present and to have the authority to stop and
redirect grading activities. In accordance with the agreement required in the prior
condition of approval, the archeological monitor's authority to stop and redirect
grading will be exercised in consultation with the each Tribe in order to evaluate
the significance of any archeological and cultural resources discovered on the
property. Tribal and archeological monitors shall be allowed to monitor all
grading, excavation and groundbreaking activities and shall also have the
authority to stop and redirect grading activities.
37. Treatment and Dispositions Agreement — Soboba. The developer shall enter
into a Treatment and Dispositions Agreement with the Soboba Band of Luiseno
Indians. The developer shall provide a copy of the agreement to the City of
Menifee Planning Department prior to the issuance of a grading permit and
before conducting any additional archaeological fieldwork.
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38. Cultural Items — Soboba. Ceremonial items and items of cultural patrimony
reflect traditional religious beliefs and practices of the Soboba Band. The
Developer should agree to return all Soboba Band of Luiseno Indians ceremonial
items and items of cultural patrimony that may be found on the project site to the
Soboba Band for the appropriate treatment. In addition, the Soboba Band
requests the return of all other cultural items (artifacts) that are recovered during
the course of archaeological investigations. When appropriate and agreed upon
in advance, the Developer's archeologist may conduct analysis of certain artifact
classes if required by CEQA, Section 106 of NHPA, the mitigation measure or
conditions of approval for the Project. This may include but is not limited or
restricted to include shell, bone, ceramic, stone or other artifacts.
39. Treatment and Disposition of Remains — Soboba.
a. The Soboba Band shall be allowed, under California Public resources
Code 5097.98 (a), to (1) inspect the site of the discovery and (2) make
determinations as to how the human remains and grave goods shall be
treated and disposed of with appropriate dignity.
b. The Soboba Band, if identified as Most Likely Descendent (MILD), shall
complete its inspection within twenty-four (24) hours of receiving
notification from either the developer or the NAHC, as required by
California Public Resources Code 5097.98 (a). The Parties agree to
discuss in good faith what constitutes "appropriate dignity" as that term is
used in the applicable statutes.
c. Reburial of human remains shall be accomplished in compliance with the
California Public Resources Code 5097.98 (a) and (b). The Soboba
Band, as the MLD in consultation with the Developer, shall make the final
discretionary determination regarding the appropriate disposition and
treatment of human remains.
d. All parties are aware that the Soboba Band may wish to rebury the
human remains and associated ceremonial and cultural items (artifacts)
on or near, the site of their discovery, in an area that shall not be subject
to future subsurface disturbances. The Developer should accommodate
on -site reburial in a location mutually agreed upon by the Parties.
e. The term "human remains" encompasses more than human bones
because the Soboba Band's traditions periodically necessitated the
ceremonial burning of human remains. Grave goods are those artifacts
associated with any human remains. These items, and other funerary
remnants and their ashes are to be treated in the same manner as human
bone fragments or bones that remain intact.
40. Non -Disclosure of Location Reburials. It is understood by all parties that
unless otherwise required by law, the site of any reburial of Native American
human remains or cultural artifacts shall not be disclosed and shall not be
governed by public disclosure requirements of the California Public Records Act.
The Coroner such reburial, pursuant to the specific exemption set forth in
California Government Code 6254 (r)., parties, and Lead Agencies, will be asked
to withhold public disclosure information related to
PALEONTOLOGY
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41. Paleontologist Required. This site is mapped in the County's General Plan as
having a high potential for paleontological resources (fossils). Therefore, PRIOR
TO ISSUANCE OF GRADING PERMITS:
The permitee shall retain a qualified paleontologist approved by the City of
Menifee to create and implement a project -specific plan for monitoring site
grading/earthmoving activities (project paleontologist).
The project paleontologist retained shall review the approved development plan
and shall conduct any pre -construction work necessary to render appropriate
monitoring and mitigation requirements as appropriate. These requirements shall
be documented by the project paleontologist in a Paleontological Resource
Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the
Planning Department for review and approval prior to issuance of a Grading
Permit.
Information to be contained in the PRIMP, at a minimum and in addition to other
industry standard and Society of Vertebrate Paleontology standards, are as
follows
A. The project paleontologist shall participate in a pre -construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction, as
applicable.
B. Paleontological monitoring of earthmoving activities will be conducted on an
as -needed basis by the project paleontologist during all earthmoving activities
that may expose sensitive strata. Earthmoving activities in areas of the project
area where previously undisturbed strata will be buried but not otherwise
disturbed will not be monitored. The project paleontologist or his/her assign will
have the authority to reduce monitoring once he/she determines the probability of
encountering fossils has dropped below an acceptable level.
C. If the project paleontologist finds fossil remains, earthmoving activities will be
diverted temporarily around the fossil site until the remains have been evaluated
and recovered. Earthmoving will be allowed to proceed through the site when the
project paleontologist determines the fossils have been recovered and/or the site
mitigated to the extent necessary.
D. If fossil remains are encountered by earthmoving activities when the project
paleontologist is not onsite, these activities will be diverted around the fossil site
and the project paleontologist called to the site immediately to recover the
remains.
E. If fossil remains are encountered, fossiliferous rock will be recovered from the
fossil site and processed to allow for the recovery of smaller fossil remains. Test
samples may be recovered from other sampling sites in the rock unit if
appropriate.
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F. Any recovered fossil remains will be prepared to the point of identification and
identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled with
museum* repository fossil specimen numbers and corresponding fossil site
numbers, as appropriate; places in specimen trays and, if necessary, vials with
completed specimen data cards) and catalogued, an associated specimen data
and corresponding geologic and geographic site data will be archived (specimen
and site numbers and corresponding data entered into appropriate museum
repository catalogs and computerized data bases) at the museum repository by a
laboratory technician. The remains will then be accessioned into the museum*
repository fossil collection, where they will be permanently stored, maintained,
and, along with associated specimen and site data, made available for future
study by qualified scientific investigators.
* The City of Menifee must be consulted on the repository/museum to receive the
fossil material prior to being curated.
G. A qualified paleontologist shall prepare a report of findings made during all
site grading activity with an appended itemized list of fossil specimens recovered
during grading (if any). This report shall be submitted to the Planning Department
for review and approval prior to building final inspection as described elsewhere
in these conditions.
All reports shall be signed by the project paleontologist and all other
professionals responsible for the report's content (eg. Professional Geologist,
Professional Engineer, etc.), as appropriate. Two wet -signed original copies of
the report shall be submitted directly to the Planning Department along with a
copy of this condition and the grading plan for appropriate case processing and
tracking.
FEES
42. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the
permitee shall comply with the provisions of Ordinance No. 663, which generally
requires the payment of the appropriate fee set forth in that ordinance. The
amount of the fee required to be paid may vary depending upon a variety of
factors, including the type of development application submitted and the
applicability of any fee reduction or exemption provisions contained in Ordinance
No. 663. Said fee shall be calculated on the approved development project which
is anticipated to be 2.65 acres (gross) in accordance with APPROVED EXHIBIT
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.
43. Fees. Prior to the issuance of grading permits for 2013-042 PP, the Planning
Department shall determine the status of the deposit based fees. If the fees are
in a negative status, the permit holder shall pay the outstanding balance.
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Prior to Issuance of Buildino Permit
44. Submit Building Plans. Prior to the issuance of a building permit, the permitee
shall submit building plans with the City of Menifee Building and Safety
Department for building permits. The building plans shall be in substantial
conformance with APPROVED EXHIBIT B.
Building and Safety will require the following items:
1. Plans shall be designed to the provisions of the 2010 edition of the
California Building, Mechanical, Electrical and Plumbing, Energy and
Green Codes.
2. Three (3) sets of plan drawings shall be submitted along with two (2)
copies of structural and Title 24 Energy documentation.
3. Two (2) sets of precise grading plans shall be submitted at time of
building plan review submittal. Showing all disabled access paths of
travel, cross and directional slope percentages, site accessibility features
and details.
4. All exterior lighting shall comply with Ordinance 2009-24, "Dark Sky
Ordinance".
All exterior lighting shall fall within current commercial standards.
Separate plan submittal will be required to Riverside County Fire along
with a formal transmittal issued by Building and Safety.
45. 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.
46. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
47. Lighting. The building plans shall show the location and types of light fixtures
that will be within the project site. Lighting fixtures shall be decorative. Shoe box
type lighting will not be allowed. Lighting shall be designed to define the
vehicular and pedestrian circulation patterns and ensure safe pedestrian
movement. The types of lighting fixtures used shall be subject to Planning
Department approval. Lighting shall be in substantial conformance with
APPROVED EXHIBIT P.
48. Roof Mounted Equipment Plans. All building plans shall show all roof -mounted
equipment and methods for screening and shall be submitted to the Planning
Department for review and approval prior to building permit issuance. Screening
material shall be subject to Planning Department approval. Planning staff will
verify that all roof -mounted equipment has been screened in compliance with the
approved plans prior to final occupancy.
49. Dark Sky Ordinance. All parking lot lights and other outdoor lighting shall be
shown on electrical plans submitted to the Department of Building and Safety for
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plan check approval and shall comply with the requirements of the City of
Menifee Ordinance No. 2009-024 and the General Plan.
50. Security Systems. Prior to the issuance of building permits, the applicant shall
prepare a security plan for the site. Pursuant to correspondence dated March
4, 2013 from the Riverside County Sherriff's Department, the development shall
install exterior cameras to monitor all parking stalls surrounding the exterior of all
buildings. These cameras shall be attached to the proposed light poles in the
parking lot and/or the exterior of the building itself. The interior and exterior
cameras shall be equipped with recording capabilities allowing it to save a
minimum of four months of recording time. The Sherriff's Department and/or
Planning Department shall verify that the security system has been installed prior
to final occupancy.
51. Reciprocal Access Easements. Prior to building permit issuance, reciprocal
access easements between the project parcel and adjacent parcels to the east
and north if such reciprocal access is determined to be necessary for appropriate
on -site circulation and access to and from Haun Road and/or Newport Road for
the project site and/or adjacent parcels.
PALEONTOLOGICAL
52. Paleontological Monitoring Report. Prior to building permit issuance and/or
final on grading, the permitee shall submit to the Planning Department, two (2)
copies of the Paleontology Monitoring Report. The report shall be certified by a
professional paleontologist listed Riverside County's Paleontology Consultant
List. A deposit for the review of the report will be required.
LANDSCAPING
53. Performance Securities. Performance securities, in amounts to be determined
by the Director of Community Development to guarantee the installation of
plantings, irrigation system, walls and/or fences, in accordance with the approved
plan, shall be filed with the Department of Community Development. Securities
may require review by City Attorney and other staff. Permit holder is encouraged
to allow adequate time to ensure that securities are in place. The performance
security may be released one year after structural final, inspection report, and the
One -Year Post Establishment report confirms that the planting and irrigation
components have been adequately installed and maintained. A cash security
shall be required when the estimated cost is $2,500.00 or less.
54. Landscape and Irrigation Plans. The permitee shall submit three (3) sets of
Final Landscaping and Irrigation Plans to the Planning Department for review
and approval. Said plan shall be submitted to the Department in the form of a
plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot
Plans not subject to the California Environmental Quality Act and not subject to
review by any governmental agency other than the Planning Department), along
with the current fee.
The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal
Code Chapter 15.04 and the conditions of approval. The plan shall show all
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common open space areas. The plan shall address all areas and conditions of
the project requiring landscaping and irrigation to be installed including, but not
limited to, (slope planting, common area and/or park landscaping). The plan
shall show all common open space areas. Emphasis shall be placed on using
plant species that are drought tolerant and which have low water usage.
Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee
Municipal Code Chapter 15.04 (as adopted and any amendments thereto), the
Riverside County Guide to California Landscaping, Eastern Municipal Water
District requirements and Ordinance No. 348, Section 18.12.
Landscaping plans for areas that are totally within the road right-of-way shall be
submitted to the Engineer Department only. Slope Landscaping plans for slopes
exceeding 3 feet in height shall be submitted to the Engineering Department.
NOTES: The Landscape plot plan may include the requirements of any other
minor plot plan required by the subdivision conditions of approval. However,
minor plot plan conditions of approval shall be cleared individually.
The irrigation plan shall be in compliance with Section 18.12 of Ordinance No.
348, and include a rain shut-off device which is capable of shutting down the
entire system. In addition, the plan will incorporate the use of in -line check
valves, or sprinkler heads containing check valves to prohibit low head drainage.
If the above mentioned landscaping plans do not include shading and parking
landscaping, prior to issuance of building permits, three (3) copies of a Shading,
Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by
the Planning Department. Shading calculations is based on tree canopy over the
parking spaces. Tree canopy after 15 years growth shading the parking spaces
only. Please use AutoCAD to calculate the shade in the parking area for the
working drawings.
The location, number, genus, species, and container size of plants shall be
shown. Plans shall meet all applicable requirements of Menifee Municipal Code
Chapter 15.04 (as adopted and any amendments thereto), the Riverside County
Guide to California Friendly Landscaping, Eastern Municipal Water District
requirements and Ordinance No. 348, Sections 18.12, and 19.300 through
19.304 and as specified herein. The irrigation plan shall include a smart controller
capable of adjusting watering schedule based on weather data. In addition, the
plan will incorporate the use of in -line check valves, or sprinkler heads containing
check valves to prohibit low head drainage.
Curb and Walkway on End Stall Planters. A six inch high curb with a twelve
(12) inch wide walkway shall be constructed along planters on end stalls adjacent
to automobile parking areas. Public parking areas shall be designed with
permanent curb, bumper, or wheel stop or similar device so that a parked vehicle
does not overhang required sidewalks, planters, or landscaped areas.
55. Crime Prevention through Environmental Design Guidelines. Pursuant to
correspondence dated March 4, 2013 from the Riverside County Sherriff's
Department, all plants, landscaping and foliage shall fall within current CPTED
(Crime Prevention through Environmental Design) guidelines.
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56. Landscape Inspections. Prior to issuance of building permits, the permit holder
shall open a Landscape Deposit Based Fee case and deposit the prevailing
deposit amount to cover the pre installation, installation, Six Month, and One
Year Landscape Inspections. The amount of hours for 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.
FEES
57. Fees. Prior to issuance of building permits, the Planning Department shall
determine if the deposit based fees for project are in a negative balance. If so,
any outstanding fees shall be paid by the permitee.
58. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
59. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
Prior to Final Inspection
60. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on APPROVED EXHIBIT B.
61. Roof Mounted Equipment. Prior to final occupancy, Planning staff will verify
that all roof -mounted equipment has been screened in compliance with the
approved plans.
62. Waste Management Clearance. Prior to issuance of an occupancy permit, the
permitee shall provide a clearance letter from Riverside County Waste
Management verifying compliance with the approved WRP.
63. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater,
shall be installed underground. If the permitee provides to the Department of
Building and Safety and the Planning Department a definitive statement from the
utility provider refusing to allow underground installation of the utilities they
provide, this condition shall be null and void with respect to that utility.
64. Trash Enclosures. Two (2) trash enclosures which are adequate to enclose a
minimum of two (2) bins each shall be located as shown on the APPROVED
EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits.
The enclosure(s) shall be a minimum of six (6) feet in height and shall be
architecturally enhanced and made with masonry block with landscaping
screening, roof covering and a solid gate which screens the bins from external
view. Additional enclosed area for collection of recyclable materials shall be
located within, near or adjacent to each trash and rubbish disposal area. The
recycling collection area shall be a minimum of fifty percent (50%) of the area
provided for the trash/rubbish enclosure(s) or as approved by the Riverside
County Waste Management Department. All recycling bins shall be labeled with
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the universal recycling symbol and with signage indicating to the users the type
of material to be deposited in each bin.
65. Lighting. Exterior lighting shall be consistent with the approved building plans
66. Condition Compliance. The Planning Department shall verify that the
Development Standards and all other preceding conditions have been complied
with prior to any use allowed by this permit.
67. 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.
68. Final Planning Inspection. The permitee shall obtain final occupancy sign -off
from the Planning Division for each building permit issued by scheduling a final
Planning inspection prior to the final sign -off from the Building Department.
Planning staff shall verify that all pertinent conditions of approval have been met,
including compliance with the approved elevations, site plan, parking lot layout,
etc. The permitee shall have all required paving, parking, walls, site lighting,
landscaping and automatic irrigation installed and in good condition.
ARCHEOLOGY
69. Phase III and IV. If grading depths exceeding 2 feet encountered native soils
(i.e. below two feet in fill areas or areas where no prior grading activities occurred
or fill materials have been added area) and Archeological and Native American
Monitoring was required for the project, prior to final inspection of the first
building permit associated with each phase of grading, the developer/permit
holder shall prompt the Project Archeologist to submit two (2) copies of the
Phase III Data Recovery report (if conducted for the Project) and the Phase IV
Cultural Resources Monitoring Report that complies with the Planning
Department's requirements for such reports. The Phase IV report shall include
evidence of the required cultural/historical sensitivity training for the construction
staff held during the pre -grade meeting. The Planning Department shall review
the reports to determine adequate mitigation compliance. Provided the reports
are adequate, the Planning Department shall clear this condition. Once the
report(s) are determined to be adequate, two (2) copies shall be submitted to the
Eastern Information Center (EIC) at the University of California Riverside (UCR)
and one (1) copy shall be submitted to the Pechanga Cultural Resources
Department.
LANDSCAPING
70. Soil Management Plan
The permitee shall submit a Soil Management Plan (Report) to the Planning
Department before the Landscape Installation Inspection. The report can be sent
in electronically. Information on the contents of the report can be found in the
County of Riverside Guide to California Friendly Landscaping page 16, #7, "What
is required in a Soil Management Plan?"
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71. Landscape/Irrigation Install Inspection
The permitee landscape architect responsible for preparing the Landscaping and
Irrigation Plans shall arrange for a Pre -Landscape installation inspection and a
Landscape Completion Installation Inspection with the Planning Department.
The pre -landscape inspection shall be arranged at least fifteen (15) working days
prior to installation of landscaping. The landscape completion inspection shall be
arranged at least fifteen (15) working days prior to final inspection of the structure
or issuance of occupancy permit, whichever occurs first. A One Year Post -
Establishment Inspection will also be required. The Planning Department will
require a deposit in order to conduct the landscape inspections.
72. Landscape Installation. All required landscape planting and irrigation, including
but not limited to onsite, shall have been installed in accordance with approved
Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter
15.04 (as adopted and any amendments thereto), Eastern Municipal Water
District requirements and the Riverside County Guide to California Landscaping.
All landscape and irrigation components shall be in a condition acceptable to the
Planning Department. The plants shall be healthy and free of weeds, disease or
pests. The irrigation system shall be properly constructed and determined to be
in good working order.
73. Final Landscape Approval
The final landscape approval following installation shall be subject to the review
and approval of the City's Landscape Architectural Consultant and the
Community Development Director. The Community Development Director may
require additional trees, shrubs and/or groundcover as necessary, if site
inspections reveal landscape deficiencies that were not apparent during the plan
review process.
FEES
74.Ordinance No. 659 Fee. Prior to the issuance of either a certificate of
occupancy or prior to building permit final inspection, the permitee shall comply
with the provisions of Riverside County Ordinance No. 659 (hereinafter
Ordinance No. 659), as adopted by the City which requires the payment of the
appropriate fee set forth in the Ordinance. Ordinance No. 659 has been
established to set forth policies, regulations and fees related to the funding and
construction of facilities necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance, and it establishes the authorized uses of the fees
collected.
In the event Ordinance No. 659 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 659 be rescinded and superseded by
a subsequent City mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
75. Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon
building permit final inspection prior to use or occupancy for cases without final
inspection or certificate of occupancy (such as an SMP), whichever comes first,
the permitee shall comply with the provisions of Riverside County Ordinance No.
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810 (hereinafter Ordinance No. 810), which requires the payment of the
appropriate fee set forth in the Ordinance.
In the event Ordinance No. 810 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 810 be rescinded and superseded by
a subsequent mitigation fee ordinance, payment of the appropriate fee set forth
in that ordinance shall be required.
76. Fees. Prior to issuance of occupancy/final inspections, the Planning Department
shall determine if the deposit based fees for project are in a negative balance. If
so, any outstanding fees shall be paid by the permitee.
77. Stephen's Kangaroo Rat Fee. Prior to the issuance of a certificate of
occupancy, or upon building permit final inspection, whichever comes first, the
permitee shall submit verification that the Stephen's Kangaroo Rat fees have
been paid for the project.
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Section III:
ngineerinq/Transportation/
ding Conditions of Appro
Page 25 of 47
III.A GENERAL ENGINEERING CONDITIONS:
78. 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
79. 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.
80. Off -Site Parking. This project shall not have off -site parking on the street.
81. Traffic Signal Mitigation Program - The applicant shall participate in the Traffic
Signal Mitigation Program as approved by the City Council.
82. 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.
83. Driveways — The following designations shall describe the locations of the
project driveway access points.
Westerly Driveway — Proposed westerly driveway.on Newport
Road is designated as the main exit with right in and right out only.
Easterly Driveway — Existing driveway on Newport Road between
the project site and the Circle K Gasoline station will be right in -
right out only.
Haun Road Driveway — Proposed existing driveway along Haun
Road shall be a shared driveway with Circle K and Applebees.
The existing driveway is 50 feet and shall be modified to 36 feet.
The three proposed driveways shall be constructed prior to building occupancy.
84. Development Access — A traffic signal is not required in conjunction with this
project. The existing access of the driveways along Newport Road shall be right
in and right out only and a "No Left Turn" Sign shall be installed in the proposed
Planter as directed by the City Engineer.
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85. Driveway Approaches - 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.
86. Paving — Roadway Paving shall conform to Ordinance 461. The
applicant/applicant shall be responsible for obtaining the paving inspections
required by Ordinance 457.
87. Road Improvements — Newport Road shall be improved to a modified urban
arterial highway standards per County Standard 91. 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.
88. 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.
89. 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 Class 3 Concrete
(2,500 psi).
90. Landscape and Lighting Maintenance District (L&LMD) - The applicant shall
submit to the City or its designee, the Transportation Department L&LMD
Administrator the following:
a. Completed Engineering Department application
b. (2)Sets of street lighting plans approved by Engineering
Department.
c. (2)Sets of landscape and irrigation plans approved by Engineering
Department.
d. Appropriate fees for annexation.
e. "Streetlight Authorization" form from SCE, IID or other electric
provider.
91. Assessment Districts - Should this project lie within any assessment/benefit
district, the applicant shall, prior to issuance of a building permit, make
application for and pay for their reapportionment of the assessments or pay the
unit fees in the benefit district.
92. 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.
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93. 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.
94. 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
95. 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.
96. 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.
97. Geotechnical and Soils Reports Submittals - All grading shall be done in
conformance with the recommendations of the included geotechnical/soils
reports and under the general direction of a licensed geotechnical engineer.
Geotechnical/soils reports shall be submitted to the City Engineering Department
for approval prior to issuance of a grading permit. All grading shall be in
conformance with the recommendations of the geotechnical/soils reports as
approved by the City. The geotechnical/soils, compaction and inspection reports
will be reviewed in accordance with the Riverside County Geotechnical
Guidelines for Review of Geotechnical and Geologic Reports. A pre -grading
meeting, certifications, approvals and inspection procedures will be implemented
per the City Building and Safety Grading Inspection process.
98. Grading Bonds - Grading in excess of 199 cubic yards will require performance
security to be posted with the City Engineering Department.
99. 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,
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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.
100. 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.
101. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum
steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved.
102. 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,
103. 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
104. 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.
105. Design Criteria:
a. On -Site Parking — Parking stalls and driveways shall not have grade
breaks exceeding 4%. A 50' minimum vertical curve shall be provided
where grade breaks exceed 4%. 5% grade is the maximum slope for any
parking area.
b. Down Drains - Concrete down drains that outlet onto parking lot areas
are not allowed. Drainage that has been collected in concrete ditches or
swales should be collected into the drainage system underground or outlet
with appropriate velocity reducers into BMP devises.
c. Slopes - All manufactured slopes exceeding 3' shall have some type of
drainage swale at the toe of the slope to collect any runoff.
d. Pavement - Permeable pavement requires the layers of filter material to
be installed relatively flat. As such, the permeable pavement areas should
have a maximum surface gradient of 2%.
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Any of the above considerations may require a redesign of the project.
Significant redesigns may require a revised Plot Plan.
106. 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.
107. 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.
108. Drainage Facilities and Terracing - Provide drainage facilities and terracing
in conformance with Section J109 of the California Building Code.
109. 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.
110. 100 Year Drainage Facilities - All drainage facilities shall be designed to
accommodate 100 year storm flows as approved by the City of Menifee.
111. Flood Control Encroachment Permit — This project proposes to connect to a
storm drain facility maintained by Riverside County Flood Control and Water
Conservation District. A clearance letter from the District shall be obtained prior
to grading.
112. Flood Hazard Report.
113. 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
114. WQMP. This development is located within the San Jacinto River watershed,
and all onsite storm runoff is tributary to Canyon Lake. In compliance with Santa
Ana Regional Water Quality Control Board Order Number NPDES - R8- 2010 -
0033, projects submitted within the western region of the unincorporated area of
Riverside County for discretionary approval will be required to comply with the
Water Quality Management Plan for Urban Runoff (WQMP). The WQMP
addresses post -development water quality impacts from new development and
redevelopment projects. The WQMP requirements will vary depending on the
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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:
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.
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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.
115. BMP Facilities Maintenance. This project proposes BMP facilities that will
require maintenance by public agency or commercial property owner association.
To ensure that the public is not unduly burdened with future costs, prior to final
approval or recordation of this case, the City will require an acceptable financial
mechanism be implemented to provide for maintenance of treatment control
BMP's in perpetuity. This may consist of mechanism to assess individual
benefitting property owners or other means approved by the City. The site's
treatment control BMP's must be shown on the project's improvement plans —
either the street plans, grading plans, or landscape plans. The type of
improvement plans that will show the BMP's will depend on the selected
maintenance entity.
11111.13 PRIOR TO GRADING PERMIT ISSUANCE:
111A1 Circulation and Dedications
116. 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.
117. 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.
118. Construction Traffic Control Plan - Prior to commencement of construction of
any kind, the applicant shall submit to the City Engineering Department for
approval a Construction Traffic Control Plan in compliance with the latest
CAMUTCD standards. This plan shall address impacts from truck traffic, noise,
and dust and shall propose measures to minimize these effects and provide for
safe use of the roads during construction. Included in this plan shall be the Traffic
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:
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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.
119. 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.
11LB.2 Grading and Drainage
120. 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.
121. 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.
122. Plan Submittals - Two (3) copies of the improvement plans, grading plans and
any other necessary documentation along with supporting hydrologic and
hydraulic calculations shall be submitted to the City Engineering Department for
review. The plans shall receive City approval prior to issuance of grading permits.
All submittals shall be date stamped by the engineer and include the appropriate
plan check deposits. All large format plans shall be bulk folded to 9"x12". A CD of
all items shall be submitted with each plan check. A scanned image of the final
approved improvement plans shall be provided to the City. ACAD files 2004 or
later are required for all final maps upon approval.
123. 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.
124. 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
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characteristics of soils within on -site development areas shall be performed by a
geotechnical engineer
111.B.3 NPDES and WQMP
125. 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
401 certification is necessary for the project, the Water Quality Control Board may
require additional water quality measures.
126. 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.
127. 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.
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.
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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.
128. BMP Maintenance Agreement — Project owner shall execute and record BMP
Maintenance Agreement upon approval of final WQMP.
129. NPDES/SWPPP REQUIREMENT- This project is larger than one (1) acre or is
part of a larger project that will disturb one (1) or more acres. Prior to issuance of
any grading or construction permits - whichever comes first, the applicant is
required to comply with the State Water Resources Control Board Order Number
2009-0009-DWQ (NPDES No. CAS000002) for the National Pollutant Discharge
Elimination System Construction General Permit. A Storm Water Pollution
Prevention Plan (SWPPP) shall be submitted to the City Engineering Department
for review prior to be certified by the legal responsible person in the SMARTS
system. Once accepted by the City, the PRDs shall be uploaded to the SMARTS
system and a copy of the WDID letter from the Board shall be submitted to the
City. Clearance for grading shall not be given until the City Engineering
Department has determined that the project applicant has complied with such
Order
III.0 PRIOR TO BUILDING PERMIT ISSUANCE:
III.C.2 Grading and Drainage
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130. 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.
131. 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.
132. 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.
133. 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.
134. Financing Mechanism - The applicant/developer or any successor in interest,
shall participate in the establishment and funding of a public/private infrastructure
financing mechanism including, but not limited to, a Community Facilities District,
Infrastructure Financing District, payment of DIF, private loans or grants or other
public and/or private funding mechanism(s). Evidence of financing the
developer's share of the ultimate improvements shall be demonstrated to the
satisfaction of the City Manager prior to issuance of a building permit.
135. 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.C.3 NPDES and WQMP
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136. 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. .
137. WQMP. A copy of the project specific WQMP shall be submitted to the City for
review and approval.
III.D PRIOR TO CERTIFICATE OF OCCUPANCY
III.D.1 Circulation and Dedications
138. Easterly Driveway Improvements — The Easterly Driveway Improvements on
Newport Road shall be completed at the satisfaction of the City Engineer to
provide access to the site and ingress and egress of delivery vehicles.
139. Westerly Driveway Improvements and Landscape — The Westerly Driveway
Improvements on Newport Road shall be completed at the satisfaction of the City
Engineer.
140. Haun Road Driveway — The driveway on the westerly side of Haun Road shall
be completed at the satisfaction of the City Engineer.
141. Newport Road Additional right of way dedication - Applicant shall dedicate
9 feet along the Newport Road frontage of the property to in conformance with
the County Standard Number 91.
142. 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).
143. 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.
144. 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.
145. Fees - Applicant shall pay fees as applicable into the regional transportation
funding 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.
111. D.2 Grading and Drainage
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146. 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.
147. Final Grade Certification — The applicant's civil engineer shall provide the
standard City of Mehifee final grade certification form prior to certificate of
occupancy of each building.
148. Plant and Irrigated Slopes - Plant and irrigate all slopes greater than or equal
to 3' in vertical height with grass or ground cover. Slopes that exceed 15' in
vertical height are to be provided with shrubs and/or trees per County Ordinance
457. Drip irrigation shall be used for all irrigated slopes
149. 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
fen pdes@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.
150. 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.
151. BMP Maintenance. The BMP maintenance plan shall contain provisions for all
treatment controlled BMP's to be inspected, and if required, cleaned no later than
October 15`" 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 Departmeni
Conditions of Approval
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General Conditions
152. 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-PP-042) is required on all
correspondence.
Additional information is available at our website: www.rvcfire.org or go to the link
marked "Ordinance 787".
Questions should be directed to the Riverside County Fire Department, Fire
Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501.
Phone: (951) 955-4777, Fax: (951) 955-4886
153. 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.
154. 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.
155. Fire Flow. Minimum required fire flow shall be 1500 GPM for a two (2) hour
duration at 20 PSI residual operating pressure, which must be available before
any combustible material is placed on the job site.
156. Fire Hydrants. Super fire hydrant(s) (6"x4"x 2-2-1/2"), shall be located not less
than 25 feet or more than 250 feet from any portion of the building as measured
along approved vehicular travel ways.
Prior to Issuance of Building Permit
157. Plan Check. Building Plan check deposit base fee of $1,056.00 shall be paid in a
check or money order to the Riverside County Fire Department after plans have
been approved by our office.
158. Water Plans. The applicants 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 100 feet per second. Plans shall conform
to the fire hydrant types, location and spacing. The system shall meet the fire
flow requirements. Plans shall be signed and approved by a registered civil
engineer and the local water company with the following certification: "I certify
that the design of the water system is in accordance with the requirements
prescribed by the Riverside County Fire Department."
Prior to Final Inspection
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159. Fire Lanes. The permitee shall prepare and submit to the Fire Department for
approval, a site plan designating required fire lanes with appropriate lane painting
and/or signs.
160. Sprinkler System. Install a complete fire sprinkler system per NFPA 13 2010
edition in all buildings requiring a fire flow of 1500 GPM or greater sprinkler
system (s). All fire sprinkler risers shall be protected from any physical damage.
The post indicator valve and fire department connection shall be located to the
front, within 50 feet of a hydrant, and the minimum of 25 feet from the building
(s). A statement that the building (s) will be automatically fire sprinkled must be
included on the title page of the building plans. (Current sprinkler plan check
deposit base fee is $614.00 per riser) applicant or developer shall be responsible
to install a U.L. 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 (current monitoring
plan check deposit base fee is $192.00)
161. 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 the floor level with
maximum 4" projection from the wall. Contact Fire Department for proper
placement of equipment prior to installation.
162. 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 of $215.00 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/monitoring plans must be submitted
for review prior to connection. Current plan check deposit base fee is $192.00.
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Section V:
Riverside County Environmental
Health
nditions of Approval
Page 42 of 47
General Conditions
163. General Comments. This project is proposing Eastern Municipal Water District
(EMWD) water and sewer service. Per Memorandum of Understanding between
the County of Riverside and EMWD, no "will -serve" letters are required for
projects located within their service area. It is the responsibility of the permitee
to ensure that all requirements to obtain water and sewer service are met with
EMWD, as well as, all other applicable agencies.
164. Noise Standards. Facility -related noise, as projected to any portion of any
surrounding property containing a "sensitive receiver, habitable dwelling,
hospital, school, library or nursing home:, must not exceed the following worst -
case noise levels 45 dB(A) —10 minute noise equivalent level ("leq"), beween the
hours of 10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB(A) — 10 minute
leq, between 7:00 a.m. and 10:00 p.m. (daytime standard).
165. Construction Hours. Whenever a construction site is within one -quarter (1/4) of
a mile of an occupied residence or residence, no construction activities shall be
undertaken between the hours of 6:00 p.m. and 6:00 a.m. during the months of
June through September and between the hours of 6:00 p.m. and 7:00 a.m.
during the months of October through May. Exceptions to these standards shall
be allowed only with the written consent of the building official.
166. Construction Mufflers. All construction vehicles, equipment fixed or mobile
shall be equipped with properly operating and maintained mufflers.
167. Construction Areas. During construction, best efforts should be made to locate
stockpiling and/or stationary noise -generating construction equipment from the
property line of existing sensitive receptors, when and where feasible.
168. Delivery and Compactor Hours. Truck deliveries and trash compactor activities
are to be limited to daytime hours (7:00 a.m. to 10:00 p.m.)
169. Truck Idling. Reduce delivery truck noise by minimizing engine idling time
during deliveries.
Prior to Building Permit Conditions
170. Food Plans. A total of 3 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 current State and Local regulations,
specifically the California Retail Food Code. For further information, please
contact Department of Environmental Health, Food Plan Check at (951) 461-
0284. Plan check fees are required.
Prior to Building Final/Occupancy Conditions
171. Business Emergency Plan. The facility will require a business emergency plan
for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or
500 pounds, or any acutely hazardous materials or extremely hazardous
substances. If further review of the site indicates additional environmental health
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issues, the Hazardous Materials Management Division reserves the right to
regulate the business in accordance with applicable County Ordinances. Contact
a Hazardous Materials Specialist, Hazardous Materials Management Division, at
(951) 358-5055 for any additional requirements.
172. Roof Equipment Screening. the roof -top mechanical ventilation equipment shall
be enclosed or provide a 3.5 foot high parapet wall for `Building A". This wall
should block the line -of -sight (view from the backyard of the nearby homes to the
exposed roof and ventilation systems.
173. AC Unit Sound Level. Air conditioning units with the lowest sound power level
shall be selected.
174. AC Unit Location. Air conditioning units shall be installed as far as possible from
the residential areas.
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Section VI:
Riverside Co
Environmental
Programs Department
Conditions of Approval
Page 45 of 47
Prior to Grading Permit Conditions
175. Burrowing Owl. Pursuant to Objective 6 and Objective 7 of the Species
Account for the Burrowing Owl included in the Western Riverside County Multiple
Species Habitat Conservation Plan, within 30 days prior to the issuance of a
grading permit, a pre -construction presence/absence survey for the burrowing
owl shall be conducted by a qualified biologist and the results of this
presence/absence survey shall be provided in writing to the Environmental
Programs Department. If it is determined that the project site is occupied by the
Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP
and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present,
relocation outside of the nesting season (March 1 through August 31) by a
qualified biologist shall be required. The County Biologist shall be consulted to
determine appropriate type of relocation (active or passive) and translocation
sites. Occupation of this species on the project site may result in the need to
revise grading plans so that take of "active" nests is avoided or alternatively, a
grading permit may be issued once the species has been actively relocated.
If the grading permit is not obtained within 30 days of the survey a new survey
shall be required.
No ground disturbance, including disking, blading, grubbing or any similar
activity shall occur within the site until the burrowing owl study is reviewed and
approved.
176. For any ground disturbance activities during the general bird nesting season
(February 1-September 15), a survey for nesting birds shall be conducted by a
qualified biologist prior to any such activities during the general bird nesting
season and the results of the survey shall be provided in writing to the
Environmental Programs Department.
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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 I so consent as of the date set out below.
Signed
Name (please pri
Date
Title (please print)
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