PC14-175RESOLUTION NO. PC14-175
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE RECOMMENDING THAT THE CITY COUNCIL APPROVE
EXTENSION OF TIME NO. 2014-138 FOR THE THIRD ONE-YEAR
EXTENSION OF TIME FOR PLOT PLAN NO. 2009-051 FOR THE
HERITAGE LAKES SHOPPING CENTER
Whereas, on June 1, 2010, the Planning Commission approved Change of Zone
No. 7501, Plot Plan No. 2009-051 and three (3) Conditional Use Permits (CUP 3549,
CUP 2009-102 and CUP 2009-103) for the construction and operation of the Menifee
Lakes Plaza Shopping Center and adopted a Mitigated Negative Declaration (EA41320)
for the project; and
Whereas, Ordinance 348, Section 18.30, "g" provides for extensions of time on
the Plot Plan if valid reason exists for the permittee not using the permit within the
required period of time; and
Whereas, on May 28, 2014, the applicant, Heritage Square L.P., filed a formal
application with the City of Menifee for Extension of Time No. 2014-138 for the third one-
year extension of time for Plot Plan No. 2009-051 for the Heritage Square Shopping
Center located at the northwest corner of McCall Boulevard and Menifee Road in the
City of Menifee; and
Whereas, on August 12, 2014, the Planning Commission held a duly noticed
public hearing on the Project, considered all public testimony as well as all materials in
the staff report and accompanying documents for Extension of Time No. 2014-138 which
hearing was publicly noticed by a publication in a newspaper of general circulation, an
agenda posting, and notice to property owners within 1,000 feet of the Project
boundaries, and to persons requesting public notice; and
Whereas, at the August 12, 2014 Planning Commission public hearing, the
Commission found that:
1. A valid reason exists for the applicant or his/her successor -in -interest for not
using the Plot Plan within the required period of time.
A valid reason exists for the applicant not using the Plot Plan in the required
period of time. Economic factors relevant to development in the City and Inland
Empire region including vacancy rates, the availability of financing and market
demand has resulted in the inability to construct the project within the five-year
time frame allotted by the ordinance. The Inland Empire's regional economy was
hit harder in the recent downturn than the nation as a whole. Due to the current
economic climate, the developer has been unable to secure tenants and
financing to construct the project.
In addition, in order to obtain grading and building permits for the project, major
drainage infrastructure, "Line A", needed to be constructed. At the time the
project was processed, it was assumed that the drainage infrastructure could be
completed in line with the life of the project; however, due to the economic issues
of the region, the construction of Line A was stalled. The drainage infrastructure
is a regional project and the burden of the cost and construction was not an
improvement that would be feasible for one developer to bear.
Resolution No PC 14-175
2014-138 EOT
August 12, 2014
The overall economic downturn affecting the City and Inland Empire and the
requirement for the drainage infrastructure are valid reasons for the developer to
have not "used" the Plot Plan or have started substantial construction of the Plot
Plan in the five-year time period specified by the Ordinance 348.
2. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
All impacts related to the extension of time for the Plot Plan application were
analyzed in an Environmental Assessment/Mitigated Negative Declaration (MND)
prepared for the original Plot Plan application (2009-051 PP) and original
Conditional Use Permits (CUP 3549, CUP 2009-102 and CUP 2009-103), which
was adopted by the City of Menifee City Council. No new environmental impacts
have been identified or are anticipated. No further environmental review is
required at this time. The previously prepared MND is still accurate and
applicable for this approval.
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
The Findings set out above are true and correct.
2. The Planning Commission Recommends the City Council Approve
Extension of Time No. 2014-138 subject to the Conditions of Approval as
set forth in Exhibit 1" to this Resolution and as approved by the Planning
Commission on August 12, 2014.
3. Development and use of certain components of the Plot Plan are subject to
approval of separate Conditional Use Permits.
PASSED, APPROVED AND ADOPTED THIS 121h DAY OF AUGUST 2014.
J�Z/
Matt Liesemeyer, Chair
ATTEST:
nnifer Allen, Deputy City Clerk
Approved as to form:
Julie Hayward Biggs, City Attorney
Scott A. Mann
Mayor
Wallace W. Edgerton
Deputy Mayor
John V. Denver
Councilmember
Thomas Fuhrman
Councilmember
Greg August
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofmenifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do
hereby certify that the foregoing Resolution No. PC14-175 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
12`h day of August, 2014 by the following vote:
Ayes:
Matelko, Phillips, Sobek, Thomas
Noes:
None
Absent:
None
Recuse:
Liesemeyer
Jennifer Allen, Planning Commission Secretary
EXHIBIT "1"
Conditions of Approval for Plot Plan No. 2009-051
as approved pursuant to the Extension of Time No. 2014-138
(Third Extension)
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation Conditions
of Approval
Section IV: Riverside County Flood Control District
Conditions of Approval
Section V: Riverside County Fire Department Conditions of
Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
Section VII: Riverside County Environmental Programs
Department Conditions of Approval
Conditions of Approval for 1 of 53
Plot Plan No. 2009-051
Section I:
Conditions Applicable to all
Departments
Conditions of Approval for 2 of 53
Plot Plan No. 2009-051
General Conditions
Project Description Plot Plan No. 2009-051. The use hereby permitted is for a 132,580
sq. ft. retail center. The project will include a 43,830 sq. ft. grocery store, one (1) 15,661
sq. ft. major retail building with drive through, two (2) buildings for multi -tenant shops
totaling 15,600 sq. ft., one (1) 9,973 sq. ft. retail pad building, a 3,860 sq. ft. fast food
restaurant building pad with a drive through, and a 3,878 sq. ft. gas station and
convenience store including a drive through car wash and six (6) fueling pumps, three (3)
major retail buildings totaling 33,629 sq. ft., one (1) 6,240 sq. ft. retail pad building, and
711 parking spaces. The project also includes a recyclable collections area and seasonal
sales located in the parking areas.
The project will also include the installation and/or modification of traffic signals on
Junipero Road, Menifee Road, and McCall Boulevard. Street improvements shall also be
constructed on Junipero Road, Menifee Road and McCall Boulevard.
The project will also contribute to the construction of the Homeland Line A and Line A-2
(of the Romoland/Homeland Master Drainage Plan). Onsite flows will be treated using
infiltration trenches/bio swales which will outlet to the extension of the
Homeland/Romoland MDP Line A-2.
The project will also include public art which will consist of historical plaques embedded
onto the sidewalk throughout the major and shops buildings and a mural on the south
elevation of Pad A. The historical plaques will include text providing a narrative of the
history and importance of early settlers in Menifee Valley.
2. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold
harmless, the City and County and any agency or instrumentality thereof, and/or any of its
officers, employees and agents (collectively the "City and County") from any and all claims,
actions, demands, and liabilities arising or alleged to arise as the result of the applicant's
performance or failure to perform under this Plot Plan or the City's and County's approval
thereof, or from any proceedings against or brought against the City or County, or any
agency or instrumentality thereof, or any of their officers, employees and agents, to attack,
set aside, void, annul, or seek monetary damages resulting from an action by the City or
County, or any agency or instrumentality thereof, advisory agency, appeal board or
legislative body including actions approved by the voters of the City, concerning
Environmental Assessment No. 41320, Change of Zone No. 7501, Plot Plan No. 2009-
051, Conditional Use Permit No. 3549, Conditional Use Permit No. 2009-102, Conditional
Use Permit No. 2009-103, and Tentative Parcel Map No. 34998.
COA amended per First EOT.
3. Definitions. The words identified in the following list that appear in all capitals in the
attached conditions of Plot Plan No. 2009-051 shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2009-051, Amended No. 2, dated
October 15, 2008.
APPROVED EXHIBIT B = Elevations and Floor Plans (Sheets 1-23) for Plot Plan No.
2009-051, Amended No. 2, dated February 12, 2009.
Conditions of Approval for 3 of 53
Plot Plan No. 2009-051
APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 2009-051, Amended No. 2,
dated October 15, 2008.
APPROVED EXHIBIT L = Landscaping Plans (Sheets 1-4) for Plot Plan No. 2009-051,
Amended No. 2, dated October 15, 2008.
APPROVED EXHIBIT M = Material Board and Wall Art Exhibit (Sheets 1-2) for Plot Plan
No. 2009-051, Amended No. 2, dated October 15, 2008.
APPROVED EXHIBIT R = Recycling Area and Seasonal Sales Area Location Exhibit for
Plot Plan No. 2009-051, Amended No. 2, dated October 15, 2008.
COA amended per First EOT.
4. 90 Days. The project developer has 90 days from the date of approval of these conditions
to protest, in accordance with the procedures set forth in Government Code Section
66020, the imposition of any and all fees, dedications, reservations and/or other exactions
imposed on this project as a result of this approval or conditional approval of this project.
5. 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 measures under CEQA through development
impact fees. Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are submitted,
which fees are designed to cover the full cost of such services, and development impact
fees to mitigate the impact of the development proposed on public improvements. To the
extent that Menifee may develop future financing districts to cover the costs of
maintenance of improvements constructed by development, Developer agrees to petition
for formation of, annexation to or inclusion in any such financing district and to pay the
cost of such formation, annexation or inclusion.
The developer acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee condition
must be met as specified herein.
6. Incorporated City. On October 1st, 2008 the City of Menifee incorporated. At the time
the City incorporated it was required to accept all the laws and ordinances of the County
of Riverside. Over time the City will change these ordinances either by name or content.
The applicant or successor in interest of this project will be subject to ordinances of the
City of Menifee and not those of the County of Riverside that the City has jurisdiction over.
Therefore, any condition of approval listed in this project that references a County of
Riverside Ordinance, will in fact be subject to the equivalent City ordinance or subsequent
ordinance introduced by the City. The applicant or their successor in interest by accepting
these conditions also agrees to accept the equivalent City ordinance or subsequent
ordinance introduced by the City.
Conditions of Approval for 4 of 53
Plot Plan No. 2009-051
7. Comply with all Conditions. The applicant/developer shall comply with all terms and
conditions of Conditional Use Permit No. 3549, Conditional Use Permit No. 2009-102 and
Conditional Use Permit No. 2009-103.
8. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring
plan (attached).
9. Causes for Revocation. In the event the use hereby permitted under this permit, a) is
found to be in violation of the terms and conditions of this permit, b) is found to have been
obtained by fraud or perjured testimony, or c) is found to be detrimental to the public
health, safety or general welfare, or is a public nuisance, this permit shall be subject to the
revocation procedures.
10. Ceased Operations. In the event the use hereby permitted ceases operation for a period
of one (1) year or more, this approval shall become null and void, except as sooner
provided under a conditional use permit or other specific approval.
11. Business License. Every person conducting a business within the City of Menifee shall
obtain a business license as required by City Ordinance. For more information regarding
business registration, contact the City Clerk.
12. Expiration. This approval shall be used within two (2) years of the approval date;
otherwise, it shall become null and void and of no effect whatsoever. By use is meant the
beginning of substantial construction contemplated by this approval within two (2) year
period which is thereafter diligently pursued to completion or to the actual occupancy of
existing buildings or land under the terms of the authorized use. Prior to the expiration of
the two year period, the permittee may request a one (1) year extension of time in which
to begin substantial construction or use of this permit. Should the time period established
by any of the extension of time requests lapse, or should all three one-year extensions be
obtained and no substantial construction or use of this plot plan be initiated within five (5)
years of the effective date of the issuance of this plot plan, this plot plan shall become null
and void.
Conditions of Approval for 5 of 53
Plot Plan No. 2009-051
Section II:
Planning Conditions of Approval
Conditions of Approval for 6 of 53
Plot Plan No. 2009-051
General Conditions
13. Geologic Report. The developer shall comply with the recommendations of the Geologic
Report. County Geologic Report (GEO) No. 1895, submitted for these projects (PM34998
& CUP03549), was prepared by Geotechnical Professionals, Inc. and is entitled:
Geotechnical Investigation, Proposed Retail Center, Heritage Square, County of
Riverside, California", dated June 7, 2006. In addition the following report was submitted
for this project: "Response to Review Comments, County Geologic Report No. 01895,
Geotechnical Investigation, Proposed Retail Center, Heritage Square, County of
Riverside, California, GPI Project No. 2113.1", dated November 2, 2007. This report is now
included as part of GEO No. 1895.
GEO No. 1895 concluded:
1) Based on site mapping, literature research and aerial photo review, there is no
evidence of active faulting crossing or projecting toward this site. Therefore the
potential for this site to be affected by surface fault rupture is considered low.
2) Except for the potential for this site to be affected by strong seismic shaking, this site
appears to be free of other secondary seismically induced hazards such as
landsliding, seiche/tsunami, seismically induced flooding, seismically induced
dynamic settlement or liquefaction.
3) This site is covered by a thin veneer of disturbed near surface soils and a stockpile
of undocumented fill up to 12 feet deep in the westerly portion of the site. Soils below
these materials are dense and considered suitable for support of the planned
improvements.
GEO No. 1895 recommended:
1) All undocumented stockpiled soils and the near surface weathered materials should
be removed to a depth of at least two feet below the existing surface or two feet
below the bottom of the proposed footing grades, whichever is deeper. The exposed
removal bottoms should be firm and unyielding and should exhibit an in -place dry
density of at least 80% relative compaction as determined by ASTM D-1557 and
confirmed by field density testing. Prior to placing any fills, the approved removal
bottoms should be scarified to a depth of 12 inches, moisture conditioned to near
optimum moisture content and compacted to a minimum of 90% of the maximum dry
density as determined by ASTM D-1557.
2) All fill soils should be free of organics and debris and any rock over 12 inches in
greatest dimension. Fill soils should be placed in horizontal lifts of 12 inches or less,
moisture conditioned to optimum moisture content to 2% above optimum moisture
content, and compacted to a minimum of 90% of the maximum dry density as
determined by ASTM D-1557 and verified by field density testing. The upper 12
inches of fills or in -place native soils beneath pavement sub grade areas should be
compacted to 95% of the maximum dry density.
3) All rock greater than 12 inches in greatest dimension should be either crushed to a
smaller size for incorporation in the fills, exported from the site or utilized as
Conditions of Approval for 7 of 53
Plot Plan No. 2009-051
decorative landscape boulders. No rock exceeding 12 inches in greatest dimension
should be incorporated in any fills.
4) Due to the potential for structures on this site to be subjected to strong seismic
shaking, all structures should be designed in accordance with the latest provisions
of the most recent edition of the Uniform Building Code for a site located in UBC
Seismic Zone 4, 11 miles from a UBC Type B Seismic source (San Jacinto Fault -
San Jacinto Valley Segment) and overlying a UBC Type Sc soil. The site should be
expected to experience a peak horizontal ground acceleration of about 0.39 g with
a 10% probability of exceedence in 50 years.
GEO No. 1895 satisfies the requirement for a Geologic/Seismic Study for Planning /CEQA
purposes. GEO No. 1895 is hereby accepted for Planning purposes. This approval is not
intended, and should not be misconstrued as approval for grading permit. Engineering
and other building code parameters will be reviewed and additional comments and/or
conditions may be imposed by the Building and Safety Department upon application for
grading and/or building permits.
14. Comply with Ordinance. The development of these premises shall comply with the
standards of Ordinance No. 348 and all other applicable City of Menifee ordinances and
State and Federal codes. The development of the premises shall conform substantially
with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these
conditions of approval.
15. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights -of -way.
16. Materials. Building colors and materials shall be in substantial conformance with those
shown on APPROVED EXHIBIT M.
17. Subdivision Required. Prior to the sale of any individual structure as shown on
APPROVED EXHIBIT A, a land division shall be recorded in accordance with Riverside
Ordinance No. 460, and any other pertinent ordinance.
18. Reclaimed Water. The permit holder shall connect to a reclaimed water supply for
landscape watering purposes when secondary or reclaimed water is made available to the
site.
19. No Permanent Occupancy. No permanent occupancy shall be permitted within the
property approved under this plot plan as a principal place of residence. No person, hall
use the premises as a permanent mailing address nor be entitled to vote using an address
within the premises as a place of residence.
20. 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.
21. No Signs. No signs are approved pursuant to this project approval. Prior to the installation
of any on -site advertising or directional signs, a signing plan shall be submitted to and
approved by the Planning Department pursuant to the requirements of Section 18.30
(Planning Department review only) of Ordinance No. 348. This shopping center is allowed
Conditions of Approval for 8 of 53
Plot Plan No. 2009-051
a maximum of two (2) free standing signs: one on McCall Boulevard and the second on
Menifee Road. The project is located within a Scenic Highway Corridor. McCall Boulevard
and Menifee Road are designated as County Eligible Scenic Highways. All future signage
shall be in conformance with SCMVAP Policy 17.2.
Added from 3123110 Planning Commission Meeting:
The sign program shall include directional signage which clearly identifies the truck
entrance and promotes the use of the other project driveways for customer
entrances. Directional signage shall also be provided between the Majors C and D
to direct customers to the driveway on Junipero Road.
Added from 4127110 Planning Commission Meeting:
A major entry statement shall also be placed at the entry to the site on McCall
Boulevard.
22. 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
45 db(A), 10-minute LEQ, between the hours of 10:00 p.m. to 7:00 a.m., and 65 db(A),
10-minute LEQ, at all other times as measured at any residential, hospital, school, library,
nursing home or other similar noise sensitive land use. In the event noise exceeds this
standard, the permittee or the permittee's successor -in -interest shall take the necessary
steps to remedy the situation, which may include discontinued operation of the facilities.
23.Industrial Hygiene. The project shall comply with the recommendations of the
Department of Public Health, Office of Industrial Hygiene as stated in their letter dated
October 7, 2008 and summarized as follows:
1) 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"), between 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).
2) Whenever a construction site is within one -quarter of a mile of an occupiedx residence
or residences, 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.
3) All construction vehicles, equipment fixed or mobile shall be equipped with properly
operating and maintained mufflers.
4) During construction, best efforts should be made to locate stockpiling and/or vehicle
staging area as far as practicable from existing residential dwellings.
5) An eight foot high control barrier is to be constructed around loading bays of Majors
A-E. The barrier shall be positioned so that it breaks the line of sight of the nearest
adjacent property. The barrier is to be built as close to the bay perimeter as is feasible
to achieve maximum noise attenuation.
Conditions of Approval for 9 of 53
Plot Plan No. 2009-051
6) Truck deliveries and trash compactor activities are to be limited to daytime hours (7:00
a.m. to 10:00 p.m.).
7) Our department (office of Industrial Hygiene must receive, review and approve an
acoustical report (as listed above) addressing the noise that might be produced from
speaker phones and air conditioning unit location and specifications from each plot
plan. Building design must be shown to reduce interior noise to at or below 50 Ldn for
those buildings along Menifee Road and McCall Boulevard.
8) The applicant shall pay review fees to the Department of Public Health for all time
spent in review of this project. Fees will be assessed at the Department's hourly rate
for Industrial Hygienists.
24. RTA Letter. The applicant/developer shall comply with the Riverside Transit Agency's
letter dated April 24, 2007 and summarized as follows: Because of future bus service is
likely, RTA is proposing a bus stop with a bus turnout along the perimeter of the site at
this approximate location:
- Westbound McCall Boulevard, just west of the intersection with Menifee Road, placed
approximately midway between the intersection and the first driveway to the west.
25. Parking. Parking for this project was determined primarily on the basis of Ordinance No.
348, Section 18.12. a.(2).b), General Retail Uses: 5.5 spaces required per 1,000 sq. ft. of
floor area 132,580 square feet = 729 spaces required. This project is eligible for a 2%
reduction in the number of parking spaces because it is within 150 feet of a mass transit
facility (bus stop/turnout located on McCall Boulevard), pursuant to Ord. 348, Section
18.12, e. (2) b). 729 spaces minus the 2% reduction (15 spaces) = 714 spaces required.
The project provides 719 spaces total.
26. Loading Areas. Loading and/or unloading of goods/supplies for tenants within this
shopping center shall occur in designated loading areas as shown on EXHIBIT A only. No
loading or unloading is allowed in front of the stores or within drive aisles. Loading areas
shall be kept free of debris and clean.
Added from 3123110 Planning Commission Meeting:
Loading and/or unloading of goods/supplies shall only occur during non -peak
hours; more specifically, between the hours of 7:00 a.m. and 11:00 a.m. and 2:00
p.m. and 9:00 p.m.
27. No Idling. To reduce diesel truck emissions, the project has been conditioned to install
signs in loading areas stating "The driver of a diesel -fueled motor vehicle with a gross
vehicle weight rating (GVWR) greater than 10,000 pounds is prohibited from idling the
vehicle's primary engine for more than five (5) minutes at any location and may not operate
a diesel fueled auxiliary power system (APS) for more than 5 minutes at any location within
100 feet of a restricted area (residences). Electrical connections have been provided for
your use. The minimum penalty for an idling violation is $300.00. To report a violation
please contact 1800-END-SMOG".
Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be provided for
the loading spaces for the major tenants. The intent of this condition is to provide
Conditions of Approval for 10 of 53
Plot Plan No. 2009-051
electrical hook-ups for refrigerated trailers that will be parked at the facility for more than
15 minutes. The use of truck engines or auxiliary power units to power refrigerated
trailers for extended periods of time is not allowed.
28. 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 stored within the approved buildings, except for all outdoor storage approved under
Conditional Use Permit No. 2009-103 (recyclable areas associated with the grocery store).
COA added per First EOT.
29. Hours of Construction. Construction activities shall be restricted to the hours of 6:30 am
to 7:00 pm Monday through Friday, 8:00 am to 5 pm on Saturdays, and are prohibited on
Sundays and federal holidays.
COA added per First EOT.
30. Greenhouse Gases:
a. Energy Efficiency. The project is required to incorporate enhanced energy efficiency
standards to minimize energy consumption and compliance with Measure XVI. The
project must exceed 2005 Title 24 Building Energy Efficiency minimum requirements by a
minimum of 14% or meet/exceed 2008 Title 24 minimum requirements.
b. Low or Non-VOC Paints. Only low- and non-VOC containing paints, sealants,
adhesives and solvents shall be utilized in the construction of this project.
ARCHEOLOGY
31. Human Remains. If human remains are encountered, State Health and Safety Code
Section 7050.5 states that no further disturbance shall occur until the Riverside County
Coroner has made the necessary findings as to origin. Further, pursuant to Public
Resource Code Section 5097.98(b) remains shall be left in place and free from
disturbance until a final decision as to the treatment and disposition has been made. If the
Riverside County Coroner determines the remains to be Native American, the Native
American Heritage Commission shall be contacted within a reasonable timeframe.
Subsequently, the Native American Heritage Commission shall 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.
COA amended per First EOT.
32. Inadvertent Find. If during ground disturbance activities, unique cultural resources are
discovered that were not assessed by the archaeological report(s) and/or environmental
assessment conducted prior to project approval, the following procedures shall be
followed. Unique cultural resources are defined, for this condition, as being multiple
Conditions of Approval for 11 of 53
Plot Plan No. 2009-051
artifacts in close association with each other, but may include fewer artifacts if the area of
the find is determined to be of significance due to its sacred or cultural importance.
1) All ground disturbance activities within 100 feet of the discovered cultural resources
shall be halted until a meeting is convened between the developer, the archaeologist,
the Native American tribal representative and the Planning Director to discuss the
significance of the find.
2) At the meeting, the significance of the discoveries shall be discussed and after
consultation with the Native American tribal representative and the archaeologist, a
decision shall be made, with the concurrence of the Planning Director, as to the
appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural
resources.
3) Grading of further ground disturbance shall not resume within the area of the discovery
until an agreement has been reached by all parties as to the appropriate mitigation.
4) Treatment and avoidance of the newly discovered resources shall be consistent with
the Cultural Resources Treatment and Monitoring Agreement.
COA amended per First EOT.
LANDSCAPING
33. Drought Tolerant Landscaping. Drought tolerant and native plant species shall be
preferred over non -drought tolerant and non-native species. However, the quantity and
extent of those species shall depend on the project's climatic zones. Alternative types of
low volume irrigation are encouraged to be used in order to conserve water. All
landscaping shall meet the water efficient landscaping ordinance.
34. Landscape Screening. Landscape screening located along the northern property line
shall be designed to be opaque up to a minimum height of six (6) feet at maturity except
that planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow
higher than thirty (30) inches and no trees shall be planted within 10 feet of driveways,
alleys, or street intersections.
35. Viable Landscaping. All plant materials within landscaped areas shall be maintained in
a viable growth condition throughout the life of this permit. To ensure that this occurs, the
Planning Department shall require inspections prior to building final inspection/occupancy.
36. 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).
COA added per First EOT.
Conditions of Approval for 12 of 53
Plot Plan No. 2009-051
FEES
37. Open Space Fee. In accordance with Ordinance No. 810, to assist in providing revenue
to acquire and preserve open space and habitat, an Interim Open Space Mitigation Fee
shall be paid for each development project or portion of an expanded development project
to be constructed in Western Riverside County. The amount of the fee for commercial or
industrial development shall be calculated on the basis of "Project Area," which shall mean
the net area, measured in acres, from the adjacent road right-of-way to the limits of the
project development. Any area identified as "NO USE PROPOSED" on the APPROVED
EXHIBIT shall not be included in the Project Area.
38. Subsequent Submittals. Any subsequent submittals required by these conditions of
approval, including but not limited to grading plan, building plan or mitigation monitoring
review, shall be reviewed on an hourly basis (research fee), or other such review fee as
may be in effect at the time of submittal, as required by Ordinance No. 671. Each submittal
shall be accompanied with a letter clearly indicating which condition or conditions the
submittal is intended to comply with.
Prior to Certain Date
Condition deleted per EOT 3. Condition was satisfied.
Prior to Issuance of Gradinq Permit
40. Industrial Hygiene. The project shall comply with the recommendations of the
Department of Public Health, Office of Industrial Hygiene as stated in their letter dated
October 7, 2008 and summarized as follows:
1) Whenever a construction site is within one -quarter of a mile of an occupied residence
or residences, 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.
2) All construction vehicles, equipment fixed or mobile shall be equipped with properly
operating and maintained mufflers.
Conditions of Approval for 13 of 53
Plot Plan No. 2009-051
3) During construction, best efforts should be made to locate stockpiling and/or vehicle
staging area as far as practicable from existing residential dwellings.
41. Change of Zone. No grading permits shall be issued until Change of Zone No. 7501 has
been approved and adopted by the Menifee City Council and has been made effective.
This permit shall conform with the development standards of the zone ultimately applied
to the property.
42. Trails Plan. Prior to the issuance of any grading permits, the applicant shall submit a trails
plan to the City of Menifee for review and approval. This trails plan shall show the trail with
all topography, grading, cross -sections, fencing, signage (if applicable), and all
landscaping.
43. Fugitive Dust Control. The project developer shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management District
(SCAQMD) Rule 403. The project developer shall include in construction contracts the
control measures required under Rule 403 at the time of development, including the
following:
a. Use watering to control dust generation during demolition of structures or break-
up of pavement. The construction area and vicinity (500-foot radius) must be
swept (preferably with water weepers) and watered at least twice daily. Site
wetting must occur often enough to maintain a 10 percent surface soil moisture
content throughout all earth moving activities. All unpaved demolition and
construction areas shall be wetted at least twice daily during excavation and
construction, and temporary dust covers shall be used to reduce dust emissions
and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as
much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least three times
daily;
c. All paved roads, parking and staging areas must be watered at least once every
two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible dirt
deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at
least twice daily;
g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when there
is evidence of wind drive fugitive dust;
Conditions of Approval for 14 of 53
Plot Plan No. 2009-051
j. Install wined breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds exceed
25 mph;
I. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent
excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-quarter
(12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate means to
prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all
trucks and equipment leaving the site;
r. All materials transported off -site shall be either sufficiently watered or securely
covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction site that
identifies the permitted construction hours and provides a telephone number to call
and receive information about the construction project or to report complaints
regarding excessive fugitive dust generation. Any reasonable complaints shall be
rectified within 24 hours of their receipt.
44. Mitigation Monitoring. The permittee shall prepare and submit a written report to the
Planning Director demonstrating compliance with those conditions of approval and
mitigation measures of this project and E.A. No. 41320 which must be satisfied prior to the
issuance of a grading permit. The Planning Director may require inspection or other
monitoring to ensure such compliance
ARCHEOLOGY
45. Human Remains (2). If human remains are encountered, State Health and Safety Code
Section 7050.5 states that no further disturbance shall occur until the County Coroner has
made a determination of origin and disposition pursuant to Public Resource Code section
5097.98. The County Coroner shall be notified of the find immediately. If the remains are
determined to be prehistoric, the coroner shall notify the Native American Heritage
Commission, which will determine and notify the appropriate NATIVE AMERICAN TRIBE
who is the most likely descendent. The descendent shall inspect the site of the discovery
and make a recommendation as to the appropriate mitigation. After the recommendations
have been made, the property owner, a Native American Tribe representative, and a
Conditions of Approval for 15 of 53
Plot Plan No. 2009-051
County representative shall meet to determine the appropriate mitigation measures and
corrective actions to be implemented.
46. Native American Monitoring. Because there were two documented archaeological sites
along the outside western boundary of the subject parcel, tribal monitor(s) from the
appropriate Native American Tribe(s) shall be required on -site during all ground disturbing
activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc.
The land divider/permit holder shall retain a qualified tribal monitor from the Pechanga
Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit
a copy of a fully signed contract between the above mentioned Tribe and the land
divider/permit holder for the monitoring and any necessary mitigation of the project, and
which addresses the treatment of cultural resources, to the Planning Department and to
the Department of Building and Safety. The Native American Monitor(s) shall have the
authority to temporarily divert, redirect or halt the ground disturbance activities to allow
recovery of cultural resources, in coordination with the Project Archaeologist.
47. Archeologist Retained. Because of the two documented archaeological sites located
along the outside boundary of the subject parcel, prior to the issuance of rough grading
permits, a qualified archaeologist (pursuant to the Secretary of the Interior's standards and
County or City guidelines) shall be retained by the land divider for archaeological
monitoring and any necessary mitigation services for the proposed grading with respect
to potential impacts to archaeological and/or cultural resources. A pre -grade meeting
between the archaeologist, the Native American tribal representative(s), and the
excavation and grading contractor shall take place to discuss appropriate grading and
ground disturbing methods within and around those archaeologically and culturally
sensitive areas within the project. During grading operations, when deemed necessary in
the professional opinion of the retained archaeologist (and/or as determined by the
Planning Director), the archaeologist, the archaeologist's on -site representative(s) and the
Native American tribal representative(s) shall actively monitor all project related grading
and shall have the authority to temporarily divert, redirect, or halt grading activity to allow
recovery of archaeological and/or cultural resources. Prior to the issuance of grading
permits, a copy of a fully executed contract for archaeological monitoring and mitigation
services, including the NAME, ADDRESS and TELEPHONE NUMBER of the retained
archaeologist shall be submitted to the Planning Department and the B&S Grading
Division.
48. Agreement. Prior to grading permit issuance, the applicant shall provide the Planning
Director evidence of a fully executed agreement with the appropriate Native American
Tribe that addresses the treatment and disposition of all cultural resources impacted as a
result of the development. The Developer shall relinquish ownership of all cultural
resources, including all archaeological artifacts that are of Native American origin, found
in the project area to the Pechanga Band of Luiseno Indians, pursuant their letter of
request dated October 3, 2008, for proper treatment and disposition, upon submittal of the
Phase IV Archaeological Monitoring Report by the Project Archaeologist to the
Archaeologist.
FEES
49. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant
shall comply with the provisions of Ordinance No. 663, which generally requires the
payment of the appropriate fee set forth in that ordinance. The amount of the fee required
Conditions of Approval for 16 of 53
Plot Plan No. 2009-051
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 19.6 acres (gross) in accordance with
APPROVED EXHIBIT NO. A. If the development is subsequently revised, this acreage
amount may be modified in order to reflect the revised development project acreage
amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 663 be rescinded and superseded by a
subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that
ordinance shall be required.
50. Fees. Prior to the issuance of grading permits for Plot Plan No. 2009-051, the Planning
Department shall determine the status of the deposit based fees. If the fees are in a
negative status, the permit holder shall pay the outstanding balance.
Prior to Issuance of Building Permit
51. 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 2013 edition of the California
Building, Mechanical, Electrical and Plumbing, Energy and Green Codes.
2. Three (3) sets of plan drawings shall be submitted along with two (2) copies of
structural and Title 24 Energy documentation.
3. Two (2) sets of precise grading plans shall be submitted at time of building plan
review submittal. Showing all disabled access paths of travel, cross and
directional slope percentages, site accessibility features and details.
4. All exterior lighting shall comply with Ordinance 2009-24, "Dark Sky
Ordinance".
5. All exterior lighting shall fall within current commercial standards.
6. Separate plan submittal will be required to Riverside County Fire along with a
formal transmittal issued by Building and Safety.
COA amended per EOT 3.
52. 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.
53. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
54. Trash Compactor/Major B. Prior to issuance of a building permit for the building labeled
"Major B" on Approved Exhibit A, the building plans for the building shall show and provide
a screen wall around the trash enclosure (north and west sides). No roof structure is
required. The screen wall shall be decorative and/or match the screen walls provided for
Conditions of Approval for 17 of 53
Plot Plan No. 2009-051
the loading docks of Major A and Major B and is subject to Community Development
Department approval.
Added per EOT 3.
55. Major D. Prior to issuance of a building permit for the building labeled "Major U on
Approved Exhibit A, the building plans for the building shall show and provide a screen
wall for the loading dock. The screen wall shall be decorative and/or match the screen
walls provided for the loading docks of Major A and Major B and is subject to Community
Development Department approval.
Added per EOT 3.
56. Major E. Prior to issuance of a building permit for the building labeled "Major E" on
Approved Exhibit A, the building plans for the building shall show and provide a screen
wall for the loading dock. The screen wall shall be decorative and/or match the screen
walls provided for the loading docks of Major A and Major B and is subject to Community
Development Department approval.
Added per EOT 3.
57. 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.
COA amended per First EOT.
58. Fencing Plan. A fencing plan shall be submitted showing all wall and fence locations and
typical views of all types of fences or walls proposed. This plan shall require anti -graffiti
coatings on fences and walls,. where applicable.
59. Change of Zone. No building permits shall be issued until Change of Zone No. 7501 has
been approved and adopted by the Menifee City Council and has been made effective.
This permit shall conform with the development standards of the zone ultimately applied
to the property.
60.Office of Industrial Hygiene. The applicant/developer shall comply with the
recommendations of the Office of Industrial Hygiene contained in their letter dated October
7, 2008 summarized as follows:
1) Whenever a construction site is within one -quarter of a mile of an occupied residence
or residences, 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.
Conditions of Approval for 18 of 53
Plot Plan No. 2009-051
Exceptions to these standards shall be allowed only with the written consent of the
building official.
2) All construction vehicles, equipment fixed or mobile shall be equipped with properly
operating and maintained mufflers.
3) During construction, best efforts should be made to locate stockpiling and/or vehicle
staging area as far as practicable from existing residential dwellings.
61. Waste Management Clearance. A clearance letter from Riverside County Waste
Management District shall be provided to the Riverside County Planning Department
verifying compliance with the conditions contained in their letter dated April 27, 2007,
summarized as follows: The developer shall provide adequate areas for collecting and
loading recyclable materials such as paper products, glass and green waste in
commercial, industrial, public facilities and residential development projects. Prior to the
issuance of a building permit, a Waste Recycling Plan (WRP) shall be submitted to the
Waste Management Department for approval. At a minimum the WRP must identify the
materials that will be generated by construction and development, the projecte3d
amounts, the measures w/methods that will be taken to recycle, reuse, and/or reduce the
amount of materials, the facilities and/or haulers that will be utilized, and the targeted
recycling or reduction rate. Prior to issuance of an occupancy permit, evidence to
demonstrate project compliance with the approved WRP shall be presented by the project
proponent to the Planning/Recycling Division of the Riverside County Waste Management
Department in order to clear the project for occupancy permits.
62. Security Systems. Prior to the issuance of building permits, the applicant shall prepare a
security plan for the site. The applicant shall also install exterior cameras to monitor all
parking stalls within the project site. These cameras shall be attached to the proposed
light poles in the parking lot and/or the exterior of the buildings themselves. 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.
COA added per First EOT. Moved to prior to building permit issuance per Second
EOT.
60. Lighting Plans. All parking lot lights and other outdoor lighting shall be shown on
electrical plans submitted to the Department of Building and Safety for plan check approval
and shall comply with the requirements of Ordinance No. 2009-024 (Menifee Municipal
Code Chapter 6.01) and the General Plan. 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 Community Development
Department approval.
COA amended per Third EOT.
Conditions of Approval for 19 of 53
Plot Plan No. 2009-051
63. Lighting Hooded. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights -of -way.
64. Public Art Plans. The developer shall submit plans to the Planning Department for review
and approval showing the proposed public art to be installed within the project site.
65. Construct Trail. Prior to the issuance of the second building permit, the applicant shall
build the trail as shown on the approved trails plan. The applicant shall arrange for an
inspection of the constructed trail with the City of Menifee.
66. Mitigation Monitoring. The permittee shall prepare and submit a written report to the
Planning Director demonstrating compliance with those conditions of approval and
mitigation measures of this project and E.A. No. 41320 which must be satisfied prior to the
issuance of a building permit. The Planning Director may require inspection or other
monitoring to ensure such compliance.
LANDSCAPING
67. Performance Securities. Performance securities, in amounts to be determined by the
Planning Department to guarantee the installation of plantings, irrigation system, walls
and/or fences, in accordance with the approved plan, shall be filed with the Planning
Department. 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.
COA amended per First EOT.
68. Landscaping Plan. The developer shall submit three (3) sets of Final Landscaping and
Irrigation Plans to the Planning Department for review and approval. Said plan shall be
submitted to the Department in the form of a plot plan application pursuant to Ordinance
No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality
Act and not subject to review by any governmental agency other than the Planning
Department), along with the current fee. The plan shall be in compliance with APPROVED
EXHIBIT L, Menifee Municipal Code Chapter 15.04 and the conditions of approval. The
plan shall show all common open space areas. The plan shall address all areas and
conditions of the project requiring landscaping and irrigation to be installed including, but
not limited to, (slope planting, common area and/or park landscaping). The plan shall
show 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.
Conditions of Approval for 20 of 53
Plot Plan No. 2009-051
The irrigation plan shall be in compliance with Section 18.12 of Ordinance No. 348, and
include a rain shut-off device which is capable of shutting down the entire system. In
addition, the plan will incorporate the use of in -line check valves, or sprinkler heads
containing check valves to prohibit low head drainage.
If the above mentioned landscaping plans do not include shading and parking
landscaping, prior to issuance of building permits, three (3) copies of a Shading, Parking,
Landscaping, and Irrigation Plan shall be submitted to and approved by the Planning
Department. The location, number, genus, species, and container size of plants shall be
shown. Plans shall meet all applicable requirements of Menifee Municipal Code Chapter
15.04 (as adopted and any amendments thereto), the Riverside County Guide to California
Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No.
348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The irrigation
plan shall include a smart controller capable of adjusting watering schedule based on
weather data. In addition, the plan will incorporate the use of in -line check valves, or
sprinkler heads containing check valves to prohibit low head drainage.
A six inch high curb with a twelve (12) inch wide walkway shall be constructed along
planters on end stalls adjacent to automobile parking areas. Public parking areas shall be
designed with permanent curb, bumper, or wheel stop or similar device so that a parked
vehicle does not overhang required sidewalks, planters, or landscaped areas.
COA amended per First EOT.
69. Inspection Fees. Prior to issuance of building permits, the permit holder shall open a
Landscape DBF case and deposit the prevailing DBF amount to cover the pre -installation,
installation, Six Month and One Year Landscape Inspections. In the event that no
Landscape DBF case type is available through the City, then the applicant shall open and
deposit sufficient funds into an HR case type at the current prevailing, Council adopted,
hourly rate. The amount of hours for the 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.
COA amended per First EOT.
70. Project Specific Landscaping. In addition to the requirements of the Landscape and
Irrigation Plan submittal, the following project specific conditions shall be imposed:
a. Install a 12" concrete walk out next to a 6" curb, a total of 18" for all planters next
to parking spaces. Walkout is shown in parking spaces and not in planters. Please
revise.
b. Provide dense landscape screening of the convenience store adjacent to the
driveway.
71. Specimen Trees. Landscaping plans shall incorporate the use of specimen (24" box or
greater) canopy trees long streets and within the parking areas. All trees and shrubs shall
be drawn to reflect the average specimen size at 15 years of age. All trees shall be double -
staked and secured with non -wire ties.
Conditions of Approval for 21 of 53
Plot Plan No. 2009-051
72. Curb Along Planters. A six inch high curb with a twelve (12) inch wide walkway shall be
constructed along planters on end stalls adjacent to automobile parking areas. Public
parking areas shall be designed with permanent curb, bumper, or wheel stop or similar
device so that a parked vehicle does not overhang required sidewalks, planters, or
landscaped areas.
FEES
73. Perris Union School District. Impacts to the Perris Union High School District shall be
mitigated in accordance with California State law.
74. Romoland School District. Impacts to the Romoland School District shall be mitigated
in accordance with California State law.
75. Fees. Prior to issuance of building permits for Plot Plan No. 2009-051, the Planning
Department shall determine the status of the deposit based fees for project. If the case
fees are in a negative state, the permit holder shall pay the outstanding balance.
Prior to Final Inspection
76. Parking Spaces. A minimum of 719 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 or concrete to current standards as
approved by the Department of Building and Safety.
ADA Parking. A minimum of thirty (30) accessible parking spaces for persons with
disabilities shall be provided as shown on APPROVED EXHIBIT A. Each parking space
reserved for persons with disabilities shall be identified by a permanently affixed
reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the
International Symbol of Accessibility. The sign shall not be smaller than 70 square inches
in area and shall be centered at the interior end of the parking space at a minimum height
of 80 inches from the bottom of the sign to the parking space finished grade, or centered
at a minimum height of 36 inches from the parking space finished grade, ground, or
sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-
street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously
stating the following:
"Unauthorized vehicles not displaying distinguishing placards or license plates issued for
physically handicapped persons may be towed away at owner's expense. Towed vehicles
may be reclaimed at _ or by telephoning _."
In addition to the above requirements, the surface of each parking space shall have a
surface identification sign duplicating the symbol of accessibility in blue paint of at least 3
square feet in size.
Loading Spaces. A minimum of seven (7) loading spaces shall be provided in
accordance with Section 18.12.a.(2)f(3).b. of Ordinance 348, and as shown on
APPROVED EXHIBIT A. The loading spaces shall be surfaced with six (6) inches of
concrete over a suitable base and shall not be less than 10 feet wide by 35 feet long, with
14 feet vertical clearance.
Conditions of Approval for 22 of 53
Plot Plan No. 2009-051
Compact Parking. A maximum of forty-four (44) parking spaces may be sized for
compact cars (8 1/2' x 16) and shall be clearly marked "COMPACT CARS ONLY".
Bike Rack Spaces. A bicycle rack with a minimum of twenty-one (21) spaces shall be
provided in convenient locations to facilitate bicycle access to the project area as shown
on APPROVED EXHIBIT A. The bicycle racks shall be shown on project landscaping and
improvement plans submitted for Planning Department approval, and shall be installed in
accordance with those plans.
COA amended per First EOT.
77. Roof -Mounted Equipment. Roof -mounted equipment shall be shielded from ground
view. Screening material shall be subject to Planning Department approval.
78. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be
installed underground. If the permittee 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.
79. Walls and Fences. Wall and/or fence locations shall be in conformance with APPROVED
EXHIBIT A. A minimum six (6) foot high decorative block wall or combination landscaped
earthen berm and decorative block wall shall be constructed along the northern property
line. The exterior side of all masonry walls shall be surfaced with a protective coating that
will facilitate the removal of graffiti. The required wall and/or berm shall be subject to the
approval of the Director of the Department of Building and Safety and the Planning
Director and the appropriate flood control agency, and shall be shown on all grading and
landscaping plans.
80. Trash Enclosure. Prior to occupancy, the developer shall demonstrate that adequate
trash enclosures are provided for all tenants. At minimum, six (6) trash enclosures which
are adequate to enclose a minimum of ten (10) bins shall be located as shown on the
APPROVED EXHIBIT A, and shall be constructed prior to the issuance of occupancy
permits. The enclosure(s) shall be a minimum of six (6) feet in height and shall be made
with decorative masonry block with landscaping screening and a solid gate which screens
the bins from external view. Additional enclosed area for collection of recyclable materials
shall be located within, near or adjacent to each trash and rubbish disposal area. The
recycling collection area shall be a minimum of fifty percent (50%) of the area provided for
the trash/rubbish enclosure(s) or as approved by the Riverside County Waste
Management Department. All recycling bins shall be labeled with the universal recycling
symbol and with signage indicating to the users the type of material to be deposited in
each bin.
81. Historical Plaques. Prior to occupancy, historical plaques and the art wall on Pad A shall
be installed as shown on approved plans.
82. Clearance Letter from Industrial Hygiene. A clearance letter from the Office of
Industrial Hygiene shall be provided to the Planning Department verifying compliance with
the conditions of their letter dated October 7, 2008 summarized as follows:
Conditions of Approval for 23 of 53
Plot Plan No. 2009-051
1) An eight foot high control barrier is to be constructed around loading bays of Majors
A-E. The barrier shall be positioned so that it breaks the line of sight of the nearest
adjacent property. The barrier is to be built as close to the bay perimeter as is feasible
to achieve maximum noise attenuation.
2) Truck deliveries and trash compactor activities are to be limited to daytime hours (7:00
a.m. to 10:00 p.m.).
3) Our department (office of Industrial Hygiene must receive, review and approve an
acoustical report (as listed above) addressing the noise that might be produced from
speaker phones and air conditioning unit location and specifications from each plot
plan. Building design must be shown to reduce interior noise to at or below 50 Ldn for
those buildings along Menifee Road and McCall Boulevard. The Office of Industrial
Hygiene will determine which businesses will be required to have an acoustical report.
4) The applicant shall pay review fees to the Department of Public Health for all time
spent in review of this project. Fees will be assessed at the Department's hourly rate
for Industrial Hygienists.
83. Clearance from WMD. The applicant shall provide a letter from the Riverside County
Waste Management Department to the Planning Department verifying compliance with
their letter dated April 27, 2007 and summarized as follows:
1) Prior to the issuance of a building permit, a Waste Recycling Plan (WRP) shall be
submitted to the Waste Management Department for approval. At a minimum the WRP
must identify the materials that will be generated by construction and development,
the projecte3d amounts, the measures w/methods that will be taken to recycle, reuse,
and/or reduce the amount of materials, the facilities and/or haulers that will be utilized,
and the targeted recycling or reduction rate.
2) Prior to issuance of an occupancy permit, evidence to demonstrate project compliance
with the approved WRP shall be presented by the project proponent to the
Planning/Recycling Division of the Riverside County Waste Management Department
in order to clear the project for occupancy permits.
84. Clearance Letter from RTA. The applicant/developer shall submit a letter from the
Riverside Transit Agency (RTA) to the Planning Department verifying their compliance
with the RTA comment letter dated April 24, 2007 and summarized as follows: RTA is
proposing a bus stop with bus turnout along the perimeter of the site at this approximate
location:
- Westbound McCall Blvd, just west of the intersection with Menifee Road, placed
approximately midway between the intersection and the first driveway to the west.
85. 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 Sheriff Department's requirements prior to final occupancy.
COA added per Second EOT.
Conditions of Approval for 24 of 53
Plot Plan No. 2009-051
86. Mitigation Monitoring. The permittee shall prepare and submit a written report to the
Community Development Director demonstrating compliance with those conditions of
approval and mitigation measures of this project and E.A. No. 41320 which must be
satisfied prior to the issuance of a building permit final/occupancy. The Community
Development Director may require inspection or other monitoring to ensure such
compliance.
87. Condition Compliance. The Department of Building and Safety shall verify that the
Development Standards of this approval and all other preceding conditions have been
complied with prior to any use allowed by this permit.
88. 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.
COA added per First EOT.
ARCHEOLOGY
89. Phase IV Report. Prior to Final Inspection, the applicant shall submit to the City
Archaeologist one certified paper copy and two (2) certified, PDF formatted CD copies of
the Phase IV Cultural Resources Monitoring Report. The report shall follow the posted
report scope of work on the TLMA website and be certified by a City Registered
Archaeologist.
LANDSCAPING
90. 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?"
COA added per First EOT.
91.Installation Inspection. The permit holder's landscape architect responsible for
preparing the Landscaping and Irrigation Plans shall arrange for a Pre -Landscape
installation inspection and a Landscape Completion Installation Inspection. 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. t. Upon successful completion of the Installation
Inspection and compliance, both the Planning Department's Landscape Inspector and the
permit holder's landscape architect shall execute a Certificate of Completion that shall be
submitted to the Planning Department and the Department of Building and Safety. A One
Conditions of Approval for 25 of 53
Plot Plan No. 2009-051
Year Post -Establishment Inspection will also be required. The Planning Department will
require a deposit in order to conduct the landscape inspections.
COA modified per Second EOT.
92. Landscaping Installation. All required landscape planting and irrigation shall have been
installed in accordance with approved Landscaping, Irrigation, and Shading Plans,
Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto),
Eastern Municipal Water District requirements and the Riverside County Guide to
California Landscaping. All landscape and irrigation components shall be in a condition
acceptable to the Planning Department. The plants shall be healthy and free of weeds,
disease or pests. The irrigation system shall be properly constructed and determined to
be in good working order.
93. 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.
COA added per First EOT.
FEES
94. Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon building
permit final inspection prior to use or occupancy for cases without final inspection or
certificate of occupancy (such as an SMP), whichever comes first, the applicant shall
comply with the provisions of Ordinance No. 810, which requires the payment of the
appropriate fee set forth in the Ordinance.
The amount of the fee will be based on the "Project Area" as defined in the Ordinance and
the aforementioned Condition of Approval. The Project Area for Plot Plan No. 2009-051 is
calculated to be 15.58 net acres. In the event Ordinance No. 810 is rescinded, this
condition will no longer be applicable. However, should Ordinance No. 810 be rescinded
and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee
set forth in that ordinance shall be required.
95. Ord. 659 Fee. Prior to the issuance of either a certificate of occupancy or prior to building
permit final inspection, the applicant shall comply with the provisions of Ordinance No.
659, which requires the payment of the appropriate fee set forth in the Ordinance.
Ordinance No. 659 has been established to set forth policies, regulations and fees related
to the funding and installation of facilities and the acquisition of open space and habitat
necessary to address the direct and cumulative environmental effects generated by new
development project described and defined in this Ordinance, and it establishes the
authorized uses of the fees collected.
The amount of the fee for commercial or industrial development shall be calculated on the
basis of the "Project Area," as defined in the Ordinance, which shall mean the net area,
measured in acres, from the adjacent road right-of-way to the limits of the project
Conditions of Approval for 26 of 53
Plot Plan No. 2009-051
development. The Project Area for Plot Plan No. 2009-051 has been calculated to be
15.58 net acres.
In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable.
However, should Ordinance No. 659 be rescinded and superseded by a subsequent
mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall
be required.
Conditions of Approval for 27 of 53
Plot Plan No. 2009-051
Section III:
Engineerinq/Transportation/Grading
Conditions of Approval
Conditions of Approval for 28 of 53
Plot Plan No. 2009-051
General Conditions
96. Grading Requirements. Improvements such as grading, filling, over excavation and
recompaction, and base or paving which require a grading permit are subject to the
included Building and Safety Department Grading Division conditions of approval.
Conform to Code. All grading shall conform to the California Building Code, Ordinance
457, and all other relevant laws, rules, and regulations governing grading in Riverside
County and prior to commencing any grading which includes 50 or more cubic yards, the
applicant shall obtain a grading permit from the Building and Safety Department.
Ordinance No. 457. Ordinance 457 requires a grading permit prior to clearing, grubbing,
or any top soil disturbances related to construction grading.
97. Erosion Control. Erosion control - landscape plans, required for manufactured slopes
greater than 3 feet in vertical height, are to be signed by a registered landscape architect
and bonded per the requirements of Ordinance 457 (refer to dept. form 284-47).
98. Slopes. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal
to vertical) unless otherwise approved.
99. Slope Stability Report. A slope stability report shall be submitted and approved by the
County Geologist for all proposed cut or fill slopes steeper than 2:1 (horiz. to vert.) or over
30' in vertical height - unless addressed in a previous report.
100. Grading to Comply with Flood. All grading and drainage shall be designed in
accordance with Riverside County Flood Control & Water Conservation District's
conditions of approval regarding this application. If not specifically addressed in their
conditions, drainage shall be designed to accommodate 100 year storm flows.
Additionally, the Building and Safety Department's conditional approval of this application
includes an expectation that the conceptual grading plan reviewed and approved for it
complies or can comply with any WQMP (water Quality Management Plan) required by
Riverside County Flood Control & Water Conservation District.
101. Drainage Grade. Minimum drainage grade shall be 1 % except on portland cement
concrete where 0.5% shall be the minimum.
COA amended per First EOT.
102. Excavation and Grading. Provide drainage facilities and terracing in conformance with
the Uniform Building Code's chapter on "EXCAVATION & GRADING".
103. Slope Setbacks. Observe slope setbacks from buildings & property lines per the Uniform
Building Code as amended by Ordinance 457.
104. Paving. All offstreet parking areas which are conditioned to be paved shall conform to
Ordinance 457 base and paving design and inspection requirements.
105. Grading Permit Required. Prior to the issuance of any building permit, the property
owner shall obtain a grading permit and/or approval to construct from the Grading Division
of the Building and Safety Department.
Conditions of Approval for 29 of 53
Plot Plan No. 2009-051
106. Retaining Walls. Lots which propose retaining walls will require separate permits. They
shall be obtained prior to the issuance of any other building permits - unless otherwise
approved by the Building and Safety Director. The walls shall be designed by a Registered
Civil Engineer - unless they conform to the City Standard Retaining Wall designs shown
on the Building and Safety Department form 284-197.
107. Manufactured Slopes. Plant & irrigate all manufactured slopes steeper than a 4:1
(horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground
cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs
or trees or as approved by the Building & Safety Department's Erosion Control Specialist.
108. Paving Inspections. The developer/applicant shall be responsible for obtaining the
paving inspections required by Ordinance 457.
109. NPDES. Prior to issuance of any grading or construction permits - whichever comes first
- the applicant shall provide the Building and Safety Department evidence of compliance
with the following: "Effective March 10, 2003 and thereafter as required by the revised
permit in 2010, owner operators of grading or construction projects are required to comply
with the N.P.D.E.S. (National Pollutant Discharge Elimination System) requirement to
obtain a construction permit from the State Water Resource Control Board (SWRCB). The
permit requirement applies to grading and construction sites of "ONE" acre or larger. The
owner operator can comply by submitting a "Notice of Intent" (NOI), develop and
implement a STORM WATER POLLUTION PREVENTION PLAN (SWPPP) and a
monitoring program and reporting plan for the construction site. For additional information
and to obtain a copy of the NPDES State Construction Permit contact the SWRCB at (916)
657-1146. Additionally, at the time the city adopts, as part of any ordinance, regulations
specific to the N.P.D.E.S., this project (or subdivision) shall comply with them.
110. Standards in Public Right of Way. With respect to the conditions of approval for the
referenced tentative exhibit, the landowner shall provide all street improvements, street
improvement plans and/or road dedications set forth herein in accordance with Ordinance
460, the City of Menifee Standard Details and Specifications, and Riverside City 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, and that their omission or unacceptability may require the
exhibit to be resubmitted for further consideration. These Ordinances and all conditions of
approval are essential parts and a requirement occurring in ONE is as binding as though
occurring in all. All questions regarding the true meaning of the conditions shall be referred
to the Engineering Department.
Modffied per EOT 3
Prior to Issuance of Grading Permit
111. Performance Securities. Grading in excess of 199 cubic yards will require performance
security to be posted with the Building and Safety Department. Single Family Dwelling
units graded one lot per permit and proposing to grade less than 5,000 cubic yards are
exempt.
Conditions of Approval for 30 of 53
Plot Plan No. 2009-051
112. Erosion Control. Erosion control - landscape plans, required for manufactured slopes
greater than 3 feet in vertical height, are to be signed by a registered landscape architect
and bonded per the requirements of Ordinance 457, see form 284-47.
113.Soils Report. Geotechnical soils reports, required in order to obtain a grading permit, shall
be submitted to the Building and Safety Department's Grading Division for review and
approval prior to issuance of a grading permit.
All grading shall be in conformance with the recommendations of the geotechnical/soils
reports as approved by Riverside County.*
*The geotechnical/soils, compaction and inspection reports will be reviewed in accordance
with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OF
GEOTECHNICAL AND GEOLOGIC REPORTS.
114. Grading to Comply. All grading and drainage shall be designed in accordance with
Riverside County Flood Control & Water Conservation District's conditions of approval
regarding this application. If not specifically addressed in their conditions, drainage shall
be designed to accommodate 100 year storm flows. Additionally, the Building and Safety
Department's conditional approval of this application includes an expectation that the
conceptual grading plan reviewed and approved for it complies or can comply with any
WQMP (water Quality Management Plan) required by Riverside County Flood Control &
Water Conservation District.
115. Grading Permit. Prior to the issuance of a grading permit, it shall be the sole responsibility
of the owner/applicant to obtain any and all proposed or required easements and/or
permissions necessary to perform the grading herein proposed.
116. Off -site Grading. A notarized letter of permission, from the affected property owners or
easement holders, is required for any proposed off site grading.
117. Easement. A recorded easement is required for offsite drainage facilities.
118. NPDES. Prior to issuance of any grading or construction permits - whichever comes first
- the applicant shall provide the Building and Safety Department evidence of compliance
with the following: "Effective March 10, 2003 and thereafter as required by the revised
permit in 2010, owner operators of grading or construction projects are required to comply
with the N.P.D.E.S. (National Pollutant Discharge Elimination System) requirement to
obtain a construction permit from the State Water Resource Control Board (SWRCB). The
permit requirement applies to grading and construction sites of "ONE" acre or larger. The
owner operator can comply by submitting a "Notice of Intent" (NOI), develop and
implement a STORM WATER POLLUTION PREVENTION PLAN (SWPPP) and a
monitoring program and reporting plan for the construction site. For additional information
and to obtain a copy of the NPDES State Construction Permit contact the SWRCB at (916)
657-1146.
Additionally, at the time the City adopts, as part of any ordinance, regulations specific to
the N.P.D.E.S., this project (or subdivision) shall comply with them.
119. WQMP. On January 29, 2010 the Santa Ana Regional Water Quality Control Board
(SARWQCB) issued a fourth -term area wide National Pollutant Discharge Elimination
Conditions of Approval for 31 of 53
Plot Plan No. 2009-051
System (NPDES) and Municipal Separate Storm Sewer System Permit (MS4 Permit) to
the City of Menifee and all Permittees. The Santa Ana MS4 Permit is for the portion of the
Santa Ana River watershed located within Riverside County (Order No. R8-2010-0033,
NPDES Permit No. CAS618033). The City of Menifee storm water programs are designed
to ensure compliance with this permit. All design submittals and construction projects are
required to conform to the permit requirements. All projects are to install Best Management
Practices (BMPs) in compliance with the 2010 SARWQCB permit. All projects submitted
within the City of Menifee for discretionary approval will be required to comply with the
Water Quality Plan for Urban Runoff (WQMP).
The WQMP addresses post -development water quality impacts from new development
and redevelopment projects. The WQMP requirements will vary depending on the
project's geographic location (Santa Ana, Santa Margarita or Whitewater River
watersheds). The WQMP provides detailed guidelines and templates to assist the
developer in completing the necessary studies.
These documents are available on-line at: www.floodcontrol.co.riverside.ca.us under
Programs and Services, Stormwater Quality.
To comply with the WQMP a developer must submit a "Project Specific" WQMP. A WQMP
application and submittal requirements are available at the City of Menifee website:
http://www.citvofinenifee.us/DocumentCenterNiew/1592. 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 indicated as 'exhibit A' on the website above. 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
prior to issuance of building or grading permits. Projects that require a Project Specific
WQMPs were required to submit a PRELIMINARY Project Specific WQMP along with the
land -use application package in the tentative phase of development in order to obtain
recommended conditions of approval. The developer has submitted a report that minimally
meets the criteria for a preliminary project specific WQMP of addressing points a, b, and
c above. It shall be noted that while the preliminary project specific WQMP was adequate
at that stage, the preliminary WQMP report will need significant revisions at the
improvement plan check phase of the development in order to meet the requirements of
a final project specific WQMP - including detailed drawings for the BMPs along with all
supporting calculations. It should also be noted that if 401 certification is necessary for the
project, the Water Quality Control Board may require additional water quality measures.
Modified per EOT 3
120. 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 Building and Safety department. If an Environmental Assessment, prior
Conditions of Approval for 32 of 53
Plot Plan No. 2009-051
to issuing a grading permit, did not previously approve either location, a Grading
Environmental Assessment shall be submitted to the Planning Director and the
Environmental Programs Director for review and comment and to the Building and Safety
Department Director for approval. Additionally, if the movement of import/export occurs
using City roads, review and approval of the haul routes by the Engineering Department
will be required. The disposition of any import or export material shall be identified and
approved by the City Engineer prior to any earthwork.
COA amended per First EOT.
121. Engineering Clearance. A clearance from the Engineering Department is required prior
to the issuance of a grading permit.
Prior to Issuance of Building Permit
122. Approval to Construct. Prior to issuance of any building permit, the property owner shall
obtain a grading permit and/or approval to construct from the Grading Division of the
Building and Safety Department.
123. Traffic Signals. The Project proponent shall be responsible for the design of traffic
signal(s) at the intersections of:
Menifee Road (NS) and McCall Boulevard (EW) (modification)
Junipero Road (NS) and McCall Boulevard (EW) (modification)
Project Access Drive (NS) and McCall Boulevard (EW) with no fee credit eligibility for
Traffic Signal Mitigation fees.
124. Geometrics. The interim conditions intersection geometrics identified below shall be
provided and signing/striping plans shall be provided for approval by the Transportation
Department. While full buildout of the roadway along the project frontage will be provided
consistent per the City's Road Improvement Standards, interim condition lane geometrics
account for alignment of lanes and current intersection constraints.
The intersection of Menifee Road (NS) and North Project Driveway (EW) shall be
improved to provide the following geometrics:
Northbound: one left -turn lane, two through lanes
Southbound: two through lanes
Eastbound: one left -turn lane, one right -turn lane
Westbound: N/A
The intersection of Menifee Road (NS) and South Project Driveway (EW) shall be
improved to provide the following geometrics:
Northbound: two through lanes
Southbound: two through lanes, one dedicated right -turn lane
Eastbound: one right -turn lane
Westbound: N/A
Note: Southbound dedicated right -turn lane is in addition to County of Riverside Ordinance
461 Standard 91 cross-section.
Conditions of Approval for 33 of 53
Plot Plan No. 2009-051
The intersection of Menifee Road (NS) and McCall Boulevard (EW) shall be improved to
provide the following geometrics:
Northbound: one left -turn lane, two through lanes
Southbound: one left -turn lane, two through lanes, one right -turn lane
Eastbound: two left -turn lanes, two through lanes
Westbound: two left -turn lanes, two through lanes, one right -turn lane
The intersection of Project Driveway (NS) and McCall Boulevard (EW) shall be improved
to provide the following geometrics:
Northbound: N/A
Southbound: one right -turn lane, one left turn lane
Eastbound: one left -turn lane, two through lanes
Westbound: two through lanes, one dedicated right -turn lane
Note: Westbound dedicated right -turn lane is in addition to County of Riverside Ordinance
461 Standard 91 cross-section.
The intersection of Junipero Road (NS) and McCall Boulevard (EW) shall be improved to
provide the following geometrics:
Northbound: one left-turn/through/right-turn lane
Southbound: one left -turn lane, one through/right-turn lane
Eastbound: one left -turn lane, one through lane
Westbound: one left -turn lane, two through lanes, one right -turn lane
The intersection of Junipero Road (NS) and School/Project Driveway (EW) shall be
improved to provide the following geometrics:
Northbound: one left -turn lane, one through/right-turn lane
Southbound: one left -turn lane, one through/right-turn lane
Eastbound: one left-turn/through/right-turn lane
Westbound: one left-turn/through/right-turn lane
Or as approved by the Engineering Department.
All improvements listed are requirements for interim conditions only. Full right-of-way and
roadway half sections adjacent to the property for the ultimate roadway cross-section per
the City's Road Improvement Standards and Specifications must be provided.
Any off -site widening required to provide these geometrics shall be the responsibility of
the landowner/developer.
COA amended per First EOT.
125. Right -of Way Dedication. Sufficient public street right-of-way along Menifee Road shall
be conveyed for public use to provide for a 76' to 89 foot half -width right-of-way per Urban
Arterial Std. No. 91. Sufficient public street right-of-way along McCall Boulevard shall be
conveyed for public use to provide for a 76' to 89 foot half -width right-of-way per Urban
Arterial Std. No. 91. Sufficient public street right-of-way along Junipero Road shall be
conveyed for public use to provide for a 37 foot half -width right-of-way per Collector Street
Std. No. 103 Section "A". Any right of way dedications that are deemed no benefit for
public use, access, and utility uses shall be vacated back to the property owner.
Conditions of Approval for 34 of 53
Plot Plan No. 2009-051
COA amended per First EOT.
126. L&LMD. The project proponent shall submit to the City or its designee, the Transportation
Department L&LMD No. 89-1-C Administrator the following:
1) Completed Engineering Department application
2) (2)Sets of street lighting plans approved by Engineering Department.
3) Appropriate fees for annexation.
4) "Streetlight Authorization" form from SCE, IID or other electric provider.
127. Corner Cutbacks. All corner cutbacks shall be applied per City of Menifee Std. 803,
except for corners at Entry streets intersecting with General Plan roads; they shall be
applied per Exhibit' C' of the Countywide Design Guidelines.
Modified per EOT 3
128. Street Light Plan. A separate street light plan is required for this project. Street lighting
shall be designed in accordance with Ordinance 460 and Streetlight Specification Chart
found in Specification Section 22 of Ordinance 461. For projects within SCE boundaries
use Ordinance 461, Standard No's 1000 or 1001.
129. Landscape in Right -of -Way. Landscaping within public road right-of-way shall comply
with Engineering Department standards and Ordinance 461 and shall require approval by
the Engineering Department. Landscaping plans shall be designed within McCall
Boulevard, Menifee Road, and Junipero Road and submitted to the Engineering
Department. Landscaping plans shall be submitted on standard City Plan sheet format
(24" X 36"). Landscaping plans shall be submitted with the street improvement plans.
Assurance of continuous maintenance is required for an application for annexation into
Landscaping and Lighting Maintenance District No. 89-1-Consolidated by contacting the
Transportation Department at (951) 955-6829.
130. Traffic Signal. The project proponent shall comply in accordance with traffic signal
requirements within public road rights -of -way, directed by the Engineering Department.
Assurance of traffic signal maintenance is required by filing an application for annexation
to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for the required
traffic signal(s).
Prior to Final Inspection
131. Paving Inspections. The developer/applicant shall be responsible for obtaining the
paving inspections required by Ordinance 457.
132. Traffic Signal Installation. The project proponent shall be responsible for the
construction and installation of traffic signal(s) at the following locations:
Menifee Road (NS) and McCall Boulevard (EW) (modification)
Junipero Road (NS) and McCall Boulevard (EW) (modification)
Project Access Drive (NS) and McCall Boulevard (EW).
With no fee credit eligibility given for Traffic Signal Mitigation Fees.
Conditions of Approval for 35 of 53
Plot Plan No. 2009-051
Prior to the final building inspection of the first unit, the above traffic signal(s) shall be
installed and operational. A signal maintenance easement may be required for the Project
Access Road (NS) and McCall Boulevard intersection.
Or as approved by the Engineering Department.
133. Interconnect. The project proponent shall be required to provide traffic signal interconnect
between the traffic signal at Menifee Road (NS) and McCall Boulevard (EW) to the west
to the signal at Junipero Road.
The traffic signal at the Menifee Road (NS) and McCall Boulevard (EW) shall be ultimately
interconnected with the traffic signal at Heritage Lakes Drive to the north. The project
proponent shall provide interconnect along the project frontage and shall make all
provisions necessary for the ultimate interconnect between the Menifee Road and the
Heritage Lakes Drive signal or as approved by the Engineering Department.
134. 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 Engineer.
Completion of road improvements does not imply acceptance for maintenance by City.
The applicant shall provide a Geometric Approval Drawing (GAD) that shows all offsite
improvements to be constructed and traffic signals to be installed as part of this project
including striping, lane widths, turn pocket lengths, typical sections, pavement transitions,
medians, power poles, project tie-in to existing improvements, and major appurtenances
to be relocated and roadway dimensions. The GAD shall include improvements to be
constructed with the project. The onsite improvements shall be referenced on the GAD
and may be screened back. The GAD shall be approved by the City Engineer prior to the
acceptance of the street improvement plan check process.
COA amended per First EOT.
135. Street Design. The street design and improvement concept of this project shall be
coordinated with PM34998.
136. Off -site. The off -site rights -of -way required for said access road shall be accepted to vest
title in the name of the public if not already accepted.
137. Signing and Striping Plan. signing and striping plans are required for this project. The
project proponent shall be responsible for any additional paving and/or striping removal
caused by the striping plans. Traffic signing and striping shall be performed by either City
forces or Developer with all incurred costs borne by the Developer, as approved by the
City Traffic Engineer.
138. TUMF. Prior to the issuance of an occupancy permit, the project proponent shall pay the
Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in
effect at the time of issuance, pursuant to Ordinance No. 824.
139. Streetlight Authorization. Prior to OCCUPANCY, the project proponent shall submit to
Engineering Department Permits the following:
Conditions of Approval for 36 of 53
Plot Plan No. 2009-051
1) "Streetlight Authorization" form approved by L&LMD No. 89-1-C Administrator.
2) Letter establishing interim energy account from SCE, or other electric provider.
140. Install Streetlights. Install streetlights along the streets associated with development in
accordance with the approved street lighting plan and standards of Ordinances 460 and
461.
Street light annexation into L&LMD or similar mechanism as approved by the Engineering
Department shall be completed.
It shall be the responsibility of the Developer to ensure that street lights are energized
along the streets associated with this development where the developer is seeking
Building Final Inspection (Occupancy).
141. Utilities Underground. Electrical power, telephone, communication, street lighting, and
cable television lines shall be designed to be placed underground in accordance with
ordinance 460 and 461, or as approved by the Engineering Department. The applicant is
responsible for coordinating the work with the serving utility company. This also applies to
existing overhead lines which are 33.6 kilovolts or below along the project frontage and
between the nearest poles offsite in each direction of the project site. A disposition note
describing the above shall be reflected on design improvement plans whenever those
plans are required.
A written proof for initiating the design and/or application of the relocation issued by the
utility company shall be submitted to the Engineering Department for verification purposes.
142. Landscaping in Right -of -Way. Landscaping within public road right-of-way shall comply
with Engineering Department standards and Ordinance 461 and shall require approval by
the Engineering Department. Landscaping shall be improved within McCall Boulevard,
Menifee Road, and Junipero Road. Assurance of continuous maintenance is required by
an application for annexation into Landscaping and Lighting Maintenance District No. 89-
1-Consolidated by contacting the Transportation Department at (951) 955-6829.
143. Improvements. McCall Boulevard along project boundary is a paved City maintained road
designated as an Urban Arterial Highway and shall be improved with 8" concrete curb and
gutter located 55' to 68 feet from centerline to curb line, 8" curbed edge of pavement
landscaped median, and match up asphalt concrete paving, reconstruction, or resurfacing
of existing paving as determined by the Engineering Department within the 76' to 89 foot
half -width dedicated right-of-way in accordance with Standard No. 91. (55' to 68' / 76' to
89') (Sheet 1 of 2 and 2 of 2)
NOTE: A 6' meandering sidewalk shall be constructed within the 21' parkway per City of
Menifee Standard No. 401.
The raised curb median on McCall Boulevard shall be extended westerly to provide access
only for an eastbound left -turn lane at Project Access Drive (NS) and McCall Boulevard
(EW). As determined through engineering documentation by applicant, the Engineering
Department may consider payment of cash -in -lieu for construction of raised medians that
may not be feasible until buildout of roadway occurs.
Conditions of Approval for 37 of 53
Plot Plan No. 2009-051
Westbound right -turn lanes shall be provided on Project Access Drive (NS) at McCall
Road (EW) and Junipero Road (NS) at McCall Boulevard (EW).
Menifee Road along project boundary is a paved City maintained road designated as an
Urban Arterial Highway and shall be improved with 8" concrete curb and gutter located 55'
to 68 feet from centerline to curb line, 8" curbed edge of pavement landscaped median,
and match up asphalt concrete paving, reconstruction, or resurfacing of existing paving
as determined by the Engineering Department within the 76'to 89 foot half -width dedicated
right-of-way in accordance with Standard No. 91. (55' to 68' / 76' to 89') (Sheet 1 of 2 and
2 of 2)
NOTE: A 6' meandering sidewalk shall be constructed within the 21' parkway per City of
Menifee Standard No. 401.
Southbound right -turn lanes shall be provided at South Project Access (EW) at Menifee
Road (NS) and at McCall Boulevard (EW) at Menifee Road (NS).
Junipero Road along project boundary is designated as a Collector road and shall be
improved with 34' part -width AC pavement, (22' on the project side and 12' on opposite
side of the centerline), 6" concrete curb and gutter, and 5' sidewalk (on the project side),
within a 67' part -width dedicated right-of-way (37' on the project side and 30' on the
opposite side of centerline) in accordance with Standard No. 103, Section "A".
NOTE: A 6' sidewalk shall be constructed T from the curb line within the 15' parkway.
Added from 3123110 Planning Commission Meeting
Traffic calming measures shall be incorporated into the design of Junipero Road as
approved by the City Engineer.
Modified per EOT 3
144. L&LMD No. 89-1. 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).
145. 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.
146. BMP Education. The developer shall distribute environmental awareness education
materials on general good housekeeping practices that contribute to protection of
stormwater quality to all initial users. The developer may obtain NPDES Public
Educational Program materials from the District's NPDES Section by either the District's
website www.floodcontrol.co.riverside.ca.us, e-mail fcnpdes@co. riverside. ca. us, or the
toll free number 1-800-506-2555. Please provide Project number, number of units and
location of development. Note that there is a five-day minimum processing period
requested for all orders. The developer must provide to the District's PLAN CHECK
Department a notarized affidavit stating that the distribution of educational materials to the
tenants is assured prior to the issuance of occupancy permits.
Conditions of Approval for 38 of 53
Plot Plan No. 2009-051
COA moved per First EOT.
147. 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.
COA moved per First EOT.
148. BMP Maintenance. The BMP maintenance plan shall contain provisions for all treatment
controlled BMPs to be inspected, and if required, cleaned no later than October 15 each
year. Required documentation shall identify the entity that will inspect and maintain all
structural BMPs within the project boundaries. A copy of all necessary documentation shall
be submitted to the District for review and approval prior to the issuance of occupancy
permits.
This project proposes BMP facilities that will require maintenance by public agency or
commercial property owner association. To ensure that the public is not unduly burdened
with future costs, prior to final approval or recordation of this case, the District will require
an acceptable financial mechanism be implemented to provide for maintenance of
treatment control BMPs in perpetuity. This may consist of a mechanism to assess
individual benefiting property owners, or other means approved by the District. The site's
treatment control BMPs must be shown on the project's improvement plans - either the
street plans, grading plans, or landscaping plans. The type of improvement plans that will
show the BMPs will depend on the selected maintenance entity.
COA moved per First EOT. This COA combined the previous COAs #61 ("BMP
Maintenance". COA #63 ("BMP Maintenance Plan"), and COA #79 ("BMP
Maintenance") into one COA.
149. BMP/NPDES Update. Notwithstanding all conditions requiring BMP's, WQMP's and
NPDES, compliance shall meet the requirements of the 2010 updated Regional Water
Quality Board requirements.
COA moved per First EOT.
Conditions of Approval for 39 of 53
Plot Plan No. 2009-051
Section IV:
Riverside County Flood Control
District Conditions of Approval
Conditions of Approval for 40 of 53
Plot Plan No. 2009-051
General Conditions
150. Flood Hazard Report. PP 2009-051 is a proposal to develop 19.6 acres into a
commercial center in the Homeland area. The site is located on the northwest corner of
McCall Boulevard and Menifee Road.
The Homeland/Romoland CFD is proposed in this area by a consortium of developers.
This plan currently proposes Interim Line A to be constructed from the San Jacinto River
to the 1-215 freeway and ultimate Line A from the 1-215 freeway to the north of this site
near McLaughlin Rd and Menifee Rd. The development of this site is not only dependent
on the construction of Homeland Line A, but also on the construction of Line A-2 and its
extensions. These facilities are the major backbone of the Homeland/Romoland plan given
that they convey runoff from the entire valley to San Jacinto River. Without the construction
of these facilities PP2009-051 lacks an adequate outlet for the onsite flows generated by
this development. The District will not allow the issuance of grading permits until the plans
for Line A, and Line A2 have been approved, bonds have been posted, and the offsite
right-of-way acquired. Alternatively, if the facilities listed above are constructed by others
pursuant to the District's proposed Community Facilities District, then grading permits will
be allowed when the construction contracts for these facilities are awarded. Occupancy
will not be granted for any unit until all downstream facilities are deemed functional by the
District's General Manager - Chief Engineer.
A separate means of mitigating for increased runoff would not be necessary for onsite
flows that drain to Line A2 given that said facility is considered to be an adequate outlet.
Mitigation will be necessary for the development's impacts to water quality. A revised
Preliminary WQMP was submitted to the District on October 16th, 2008. The District has
reviewed the preliminary Water Quality Management Plan (WQMP) and is acceptable to
the District. The water quality plan proposes three infiltration trench/bio swales to mitigate
for water quality. These basins then outlets to the extension of Homeland/Romland MDP
Line A2, to be constructed by this development. The developer has provided the District
a letter of permission from the downstream property owner allowing the construction of
the extension of Line A. Conceptually this is plan acceptable to the District but may need
minor adjustments at final plan check stage.
The site is located within the bounds of the Homeland/Romoland Line A watershed Area
Drainage Plan (ADP) for which drainage fees have been established by the Board of
Supervisors. Applicable ADP fees will be due (in accordance with the Rules and
Regulations for Administration of Area Drainage Plans) prior to permits for this project.
Although the current fee for this ADP is $12,636 per acre, the fee due will be based on the
fee in effect at the time of payment. Collection of Offsite Flows The site has a tributary
area of 35 acres south of McCall Road. The development proposes to collect and convey
these flows in a 36" dia. storm drain in to the proposed Homeland MDP Line A2. Most of
the site's offsite drainage issues would be addressed via construction of the improvements
associated with the District's proposed CFD.
151. Romoland/Homeland Master Drainage Plan. The development of this site is not only
dependent on the construction of Homeland Line A, but also on the construction of Line
A-2 and the extension of Lateral A-2 to serve as adequate outlet for the onsite and offsite
flows. Without the construction of these facilities PP2009-051 lacks an adequate outlet for
the onsite flows generated by this development. The developer shall not be allowed the
Conditions of Approval for 41 of 53
Plot Plan No. 2009-051
issuance of grading permits until the plans for the facilities mentioned above have been
approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively if
Community Facilities District 05-1 (CFD) awards a construction contract for the facilities
listed above, then grading permits shall be allowed. Occupancy shall not be granted for
any unit until all downstream facilities are deemed functional by the District. The developer
shall be responsible for the maintenance of these facilities until their maintenance is
transferred to either the District or the Community Facilities District. A separate means of
mitigating for increased runoff would not be necessary for onsite flows that drain to Line
A2 given that said facility is considered to be an adequate outlet. Mitigation will be
necessary for the development's impacts to water quality. A revised Preliminary WQMP
was submitted to the District on October 16th, 2008. The District has reviewed the
preliminary Water Quality Management Plan (WQMP) and is acceptable to the District.
The water quality plan proposes three infiltration trench/bio swales to mitigate for water
quality. These basins then outlets to the extension of Homeland/Romoland MDP Line A2.
Conceptually this is plan acceptable to the District but may need minor adjustments at
final plan check stage.
152. Storm Flows. The 10 year storm flow shall be contained within the curb and the 100 year
storm flow shall be contained within the street right of way. When either of these criteria
is exceeded, additional drainage facilities shall be installed. The property shall be graded
to drain to the adjacent street or an adequate outlet.
153. Drainage Facilities. Drainage facilities out -letting sump conditions shall be designed to
convey the tributary 100 year storm flows. Additional emergency escape shall also be
provided.
154. Natural Drainage. The property's grading shall be designed in a manner that perpetuates
the existing natural drainage patterns with respect to tributary drainage area, outlet points
and outlet conditions; otherwise, a drainage easement shall be obtained from the affected
property owners for the release of concentrated or diverted storm flows. A copy of the
recorded drainage easement shall be submitted to the District for review.
155. Coordinate Drainage. Development of this property shall be coordinated with
development of adjacent properties to ensure that watercourses remain unobstructed and
stormwaters are not diverted from one watershed to another. This may require the
construction of temporary drainage facilities or offsite construction and grading. A drainage
easement shall be obtained from the affected property owners for the release of
concentrated or diverted storm flows. A copy of the recorded drainage easement shall be
submitted to the District for review.
156. Facility Design. Prior to initiation of the final construction drawings for those facilities
required to be built as part of the Homeland/Romoland Area Drainage Plan, the developer
shall contact the Riverside County Flood Control and Water Conservation District to
ascertain the terms and conditions of design, construction, inspection, transfer of rights of
way, project credit in lieu of charges and reimbursement schedules which may apply. The
developer shall note that if the estimated cost for required Area Drainage Plan facilities
exceeds the required mitigation charges and the developer wishes to receive credit for
reimbursement in excess of his charges, the facilities will be constructed as a public works
contract. Scheduling for construction of these facilities will be at the discretion of the
District.
Conditions of Approval for 42 of 53
Plot Plan No. 2009-051
157. Major Facilities. Major flood control facilities are being proposed. These shall be
designed and constructed to District standards including those related to alignment and
access to both inlets and outlets. The applicant shall consult the District early in the design
process regarding materials, hydraulic design and transfer of rights of way.
Prior to Issuance of Grading Permit
158. Homeland Line A. The development of this site is not only dependent on the construction
of Homeland Line A, but also on the construction of Line A-2 and the extension of Lateral
A-2 to serve as adequate outlet for the onsite and offsite flows. Without the construction
of these facilities PP 2009-051 lacks an adequate outlet for the onsite flows generated by
this development. The developer shall not be allowed the issuance of grading permits until
the plans for the facilities mentioned above have been approved, bonds have been posted,
and the offsite right-of-way acquired. Alternatively if Community Facilities District 05-1
(CFD) awards a construction contract for the facilities listed above, then grading permits
shall be allowed. Occupancy shall not be granted for any unit until all downstream facilities
are deemed functional by the District. The developer shall be responsible for the
maintenance of these facilities until their maintenance is transferred to either the District
or the Community Facilities District. A separate means of mitigating for increased runoff
would not be necessary for onsite flows that drain to Line A2 given that said facility is
considered to be an adequate outlet. Mitigation will be necessary for the development's
impacts to water quality. A revised Preliminary WQMP was submitted to the District on
October 16th, 2008. The District has reviewed the preliminary Water Quality Management
Plan (WQMP) and is acceptable to the District. The water quality plan proposes three
infiltration trench/bio swales to mitigate for water quality. These basins then outlets to the
extension of Homeland/Romoland MDP Line A2. Conceptually this is plan acceptable to
the District but may need minor adjustments at final plan check stage.
159. Improvement Plans. A copy of the improvement plans, grading plans, BMP improvement
plans and any other necessary documentation along with supporting hydrologic and
hydraulic calculations shall be submitted to the District for review. The plans must receive
District approval prior to the issuance of grading permits. All submittals shall be date
stamped by the engineer and include a completed Flood Control Deposit Based Fee
Worksheet and the appropriate plan check fee deposit.
160. Erosion Control. Temporary erosion control measures shall be implemented immediately
following rough grading to prevent deposition of debris onto downstream properties or
drainage facilities. Plans showing these measures shall be submitted to the District for
review.
161.Offsite Drainage. Offsite drainage facilities shall be located within dedicated drainage
easements obtained from the affected property owner(s). Document(s) shall be recorded
and a copy submitted to the District prior to issuance of permits. If the developer cannot
obtain such rights, the project shall be redesigned to eliminate the need for the easement.
162. Inspection of Facilities. Inspection and maintenance of the flood control facility/ies to be
constructed with this development must be performed by either the Engineering
Department or the Flood Control District. The engineer (owner) must request in writing
that one of these agencies accept the proposed system. The request shall note the project
number, location, briefly describe the system (sizes and lengths) and include an exhibit
that shows the proposed alignment. The request to the District shall be addressed to the
Conditions of Approval for 43 of 53
Plot Plan No. 2009-051
General Manager -Chief Engineer, Attn: Chief of the Planning Division. Three items must
be accomplished prior to the issuance of a grading permit or starting construction of the
drainage facility whichever comes first: 1) the developer shall submit to the District the
preliminary title reports, plats and legal descriptions for all right of way to be conveyed to
the District and secure that right of way to the satisfaction of the District; 2) an agreement
with the District and any maintenance partners must be executed which establishes the
terms and conditions of inspection, operation and maintenance; and 3) plans for the facility
must be signed by the District's General Manager -Chief Engineer. The plans cannot be
signed prior to execution of the agreement. An application to draw up an agreement must
be submitted to the attention of the District's Administrative Services Section. All right of
way transfer issues must be coordinated with the District's Right of Way Section. The
engineer/developer will need to submit proof of flood control facility bonds and a certificate
of insurance to the District's Inspection section before a pre -construction meeting can be
scheduled.
163. ADP Fees. The County Board of Supervisors has adopted the Homeland/Romoland Area
Drainage Plan (ADP) for the purpose of collecting drainage fees. This project may require
earlier construction of downstream ADP facilities. To mitigate this effect, the District
recommends that this project be required to pay a flood mitigation fee. The mitigation fee
should be based upon the fee structures set for land divisions having comparable
anticipated impermeable surface areas. PP 2009-051 is located within the limits of the
Homeland/Romoland Line A watershed Area Drainage Plan for which drainage fees have
been adopted to help mitigate the impacts of this development. The mitigation charge for
this proposal shall equal the prevailing Area Drainage Plan fee rate multiplied by the area
of the new development. This new development has a total of 19.6 acres subject to the
fee. The charge is payable to the Flood Control District by cashier's check or money order
only, and shall be paid after final approval of the staff report/conditions of approval by the
Board of Supervisors and prior to issuance of permits.
The previous COA #70 ("WQMP") was deleted per First EOT. This COA was
combined into the new COA #116 ("WQMP") added per the First EOT.
Prior to Issuance of Buildinq Permit
164. Homeland Line A. The development of this site is not only dependent on the construction
of Homeland Line A, but also on the construction of Line A-2 and the extension of Lateral
A-2 to serve as adequate outlet for the onsite and offsite flows. Without the construction
of these facilities PP 2009-051 lacks an adequate outlet for the onsite flows generated by
this development. The developer shall not be allowed the issuance of grading permits until
the plans for the facilities mentioned above have been approved, bonds have been posted,
and the offsite right-of-way acquired. Alternatively if Community Facilities District 05-1
(CFD) awards a construction contract for the facilities listed above, then grading permits
shall be allowed. Occupancy shall not be granted for any unit until all downstream facilities
are deemed functional by the District. The developer shall be responsible for the
maintenance of these facilities until their maintenance is transferred to either the District
or the Community Facilities District. A separate means of mitigating for increased runoff
would not be necessary for onsite flows that drain to Line A2 given that said facility is
considered to be an adequate outlet. Mitigation will be necessary for the development's
impacts to water quality. A revised Preliminary WQMP was submitted to the District on
October 16th, 2008. The District has reviewed the preliminary Water Quality Management
Conditions of Approval for 44 of 53
Plot Plan No. 2009-051
Plan (WQMP) and is acceptable to the District. The water quality plan proposes three
infiltration trench/bio swales to mitigate for water quality. These basins then outlets to the
extension of Homeland/Romoland MDP Line A2. Conceptually this is plan acceptable to
the District but may need minor adjustments at final plan check stage.
165. Improvement Plans. A copy of the improvement plans, grading plans, BMP improvement
plans and any other necessary documentation along with supporting hydrologic and
hydraulic calculations shall be submitted to the District for review. The plans must receive
District approval prior to the issuance of building permits. All submittals shall be date
stamped by the engineer and include a completed Flood Control Deposit Based Fee
Worksheet and the appropriate plan check fee deposit.
166.Inspection and Maintenance. Inspection and maintenance of the flood control facility/ies
to be constructed with this development must be performed by either the Engineering
Department or the Flood Control District. The engineer (owner) must request in writing
that one of these agencies accept the proposed system. The request shall note the project
number, location, briefly describe the system (sizes and lengths) and include an exhibit
that shows the proposed alignment. The request to the District shall be addressed to the
General Manager -Chief Engineer, Attn: Chief of the Planning Division. Three items must
be accomplished prior to the issuance of a building permit or starting construction of the
drainage facility whichever comes first: 1) the developer shall submit to the District the
preliminary title reports, plats and legal descriptions for all right of way to be conveyed to
the District and secure that right of way to the satisfaction of the District; 2) an agreement
with the District and any maintenance partners must be executed which establishes the
terms and conditions of inspection, operation and maintenance; and 3) plans for the facility
must be signed by the District's General Manager -Chief Engineer. The plans cannot be
signed prior to execution of the agreement. An application to draw up an agreement must
be submitted to the attention of the District's Administrative Services Section. All right of
way transfer issues must be coordinated with the District's Right of Way Section. The
engineer/developer will need to submit proof of flood control facility bonds and a certificate
of insurance to the District's Inspection section before a pre -construction meeting can be
scheduled.
167.ADP Fees. The County Board of Supervisors has adopted the Homeland/Romoland Area
Drainage Plan (ADP) for the purpose of collecting drainage fees. This project may require
earlier construction of downstream ADP facilities. to mitigate this effect, the District
recommends that this project be required to pay a flood mitigation fee. The mitigation fee
should be based upon the fee structures set for land divisions having comparable
anticipated impermeable surface areas. PP 2009-051 is located within the limits of the
Homeland/Romoland Line A watershed Area Drainage Plan for which drainage fees have
been adopted to help mitigate the impacts of this development. The mitigation charge for
this proposal shall equal the prevailing Area Drainage Plan fee rate multiplied by the area
of the new development. This new development has a total of 19.6 acres subject to the
fee. The charge is payable to the Flood Control District by cashier's check or money order
only, and shall be paid after final approval of the staff report/conditions of approval by the
Board of Supervisors and prior to issuance of permits.
The previous COA #75 ("WQMP") was deleted per First EOT. This COA was
combined into the new COA #116 ("WQMP") added per the First EOT.
Conditions of Approval for 45 of 53
Plot Plan No. 2009-051
Prior to Final Inspection
168. No Occupancy Permit. The District will not release occupancy permits for any
commercial lot within the map prior to the District's acceptance of the drainage system for
operation and maintenance.
Conditions of Approval for 46 of 53
Plot Plan No. 2009-051
sectiony:
Riverside County Fire Department
Conditions of Approval
Conditions of Approval for 47 of 53
Plot Plan No. 2009-051
General Conditions
169. Hazardous Fire Area. This project is located in the "Hazardous Fire Area" of Riverside
County as shown on a map on file with the Clerk of the Board of Supervisors. Any building
constructed within this project shall comply with the special construction provisions
contained in Ordinance 787.1.
170. Retroreflective Markers. Blue retroreflective pavement markers shall be mounted on
private street, public streets and driveways to indicate location of fire hydrants. Prior to
installation, placement of markers must be approved by the Riverside County Fire
Department.
171. Fire Flow. Minimum required fire flow shall be 4000 GPM for a 4 hour duration at 20 PSI
residual operating pressure, which must be available before any combustible material is
placed on the job site. Fire flow is based on type V-B construction per the 2007 CBC and
Building(s) having a fire sprinkler system.
172. Fire Hydrants. A combination of on -site and off -site super fire hydrants, on a looped
system (6"x4N 2-2 1/2"), will be located not less than 25 feet or more than 165 feet from
any portion of the building as measured along approved vehicular travel ways. The
required fire flow shall be available from any adjacent hydrants(s) in the system.
173. Tank Permits. Applicant or Developer shall be responsible for obtaining
under/aboveground fuel, chemical and mixed liquid storage tank permits, from the
Riverside County Fire Department and Environmental Health Departments. Plans must
be submitted for approval prior to installation. Aboveground fuel/mixed liquid tanks(s) shall
meet the following standard:
Tank must be tested and labeled to UL2085 Protected Tank Standard or SwRI 93-01. The
test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test.
A sample copy of the tank's label from an independent test laboratory must be included
with your plans.
174. Rapid Entry. Rapid entry Hazardous Material data and key storage cabinet shall be
installed on the outside of the building. Plans shall be submitted to the Riverside County
Fire Department for approval prior to installation.
175. Fire Facilities. All fire facilities required by the project shall be dedicated to the City of
Menifee.
Prior to Issuance of Building Permit
176. Plan Check Fees. 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.
177. Water System. The applicant or developer shall separately submit two copies of the water
system plans to the Fire Department for review and approval. Calculated velocities shall
not exceed 10 feet per second. Plans shall conform to the fire hydrant types, location and
spacing, and the system shall meet the fire flow requirements. Plans shall be signed and
Conditions of Approval for 48 of 53
Plot Plan No. 2009-051
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
178. Fire Lanes. The applicant shall prepare and submit to the Fire Department for approval,
a site plan designating required fire lanes with appropriate lane painting and/or signs.
179.Sprinklers. Install a complete fire sprinkler system per NFPA 13 2002 edition in all
buildings requiring a fire flow of 1500 GPM or greater. Sprinkler system(s) with pipe sizes
in excess of 4" in diameter will require the project structural engineer to certify (wet
signature) the stability of the building system for seismic and gravity loads to support the
sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The
post indicator valve and fire department connection shall be located to the front, within 50
feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the
building(s) will be automatically fire sprinkled must be included on the title page of the
building plans.
Applicant or developer shall be responsible to install a U.L. Central Station Monitored Fire
Alarm System. Monitoring system shall monitor the fire sprinkler system(s) water flow,
P.I.V.'s and all control valves. Plans must be submitted to the Fire Department for approval
prior to installation. Contact fire department for guideline handout
180. Fire Alarm. Applicant or developer shall be responsible to install a manual and automatic
Fire Alarm System. Plans must be submitted to the Fire Department for approval prior to
installation.
181. Extinguishers. Install portable fire extinguishers with a minimum rating of 2A-10BC and
signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted
48" (inches) to center above floor level with maximum 4" projection from the wall. Contact
Fire Department for proper placement of equipment prior to installation.
182. Hood Ducts. A U.L. 300 hood duct fire extinguishing system must be installed over the
cooking equipment. Wet chemical extinguishing system must provide automatic shutdown
of all electrical components and outlets under the hood upon activation. System must be
installed by a licensed C-16 contractor. Plans must be submitted with current fee to the
Fire Department for review and approval prior to installation.
NOTE: A dedicated alarm system is not required to be installed for the exclusive purpose
of monitoring this suppression system. However, a new or pre-existing alarm system must
be connected to the extinguishing system. (* separate fire alarm plans must be submitted
for connection)
Conditions of Approval for 49 of 53
Plot Plan No. 2009-051
Section VI:
Riverside County Environmental
Health Conditions of Approval
Conditions of Approval for 50 of 53
Plot Plan No. 2009-051
General Conditions
183. General. Plot Plan No. 2009-051 proposes Eastern Municipal Water District (EMWD)
water and sewer service. It is the responsibility of the developer to ensure that all
requirements to obtain water and sewer service are met with EMWD, as well as, all other
applicable agencies. Any existing septic system(s) and/or well(s) must be properly
removed or abandoned under permit with the Department of Environmental Health (DEH).
Prior to Issuance of Building Permit
184. Food Plans. A total of three complete set of plans for each food establishment are needed
including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure
compliance with the California Uniform Retail Food Facilities Law.
Prior to Final Inspection
185. UST System. Construction plans must be reviewed and approved by the Hazardous
Materials Division prior to the installation of the underground storage tank (UST) system.
There is a construction fee based on the number of UST's installed. Permits from the
Hazardous Materials Division must be obtained for the operation of the UST's prior to
occupancy.
186. Further Review. If further review of the site indicates additional environmental health
issues, the Hazardous Materials Management Division reserves the right to regulate the
business in accordance with applicable Ordinances.
187. Contact. Contact a Hazardous Materials Specialist, Hazardous Materials Management
Division, at (951) 358-5055 for any additional requirements.
188. Business Emergency Plan. The facility will require a business emergency plan for the
storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or
any acutely hazardous materials or extremely hazardous substances.
Conditions of Approval for 51 of 53
Plot Plan No. 2009-051
Section VII:
Riverside County Environmental
Prowams Conditions of Approval
Conditions of Approval for 52 of 53
Plot Plan No. 2009-051
Prior to Issuance of Grading Permit
189. Burrowing Owl Survey. PER EPD SITE VISIT ON 07/05/07, SITE SUPPORTS
SUITABLE BURROWING OWL BURROWS AND THUS A 30-DAY CLEARANCE
SURVEY IS REQ.
Pursuant to Objective 6 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 Biologist. If it is determined
that the project site is occupied by the Burrowing Owl, take of "active" nests shall be
avoided. However, when the Burrowing Owl is present, active relocation outside of the
nesting season (March 1 through August 15) by a qualified biologist shall be required. The
City Biologist shall be consulted to determine appropriate 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.
Conditions of Approval for 53 of 53
Plot Plan No. 2009-051