PC14-181Resolution PC14-181
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO, 2013-244 FOR
AMERICA'S TIRE
Whereas, on December 6, 2013, the applicant, America's Tire, Inc., filed a formal
application with the City of Menifee for a Plot Plan to construct and operate a new 7,454
square foot building for a tire sales and service shop on a 0.93 acre parcel (APN: 336-
380-011) on the northwest corner of Haun Road and Newport Road within the City of
Menifee; and,
Whereas, between August 4 and August 24, 2014, the State -mandated twenty
(20) day public review period for the Environmental Assessment took effect, which was
publicly noticed by a publication in a newspaper of general circulation, an agenda
posting, and notice to property owners within 300 feet of the Project boundaries, and to
persons requesting public notice; and
Whereas, on August 27, 2014, the Planning Commission held a public hearing
on the Project, considered all public testimony as well as all materials in the staff report
and accompanying documents for Plot Plan No. 2013-244, which hearing was publicly
noticed by a publication in a newspaper of general circulation, an agenda posting, and
notice to property owners within 300 feet of the Project boundaries, and to persons
requesting public notice, opened the public hearing and continued the open public
hearing to September 10, 2014; and,
Whereas, on September 10, 2014, the Planning Commission held the continued
open public hearing on the Environmental Assessment and the Project (Plot Plan No.
2013-2440, which hearing was not required to be re -noticed for the September 10, 2014
Planning Commission hearing, because the project was continued to a date certain (i.e.,
September 10, 2014) at the August 27, 2014 hearing, considered all public testimony as
well as all materials in the staff report and accompanying Environmental Assessment;
and,
Whereas, on September 10, 2014, the City of Menifee Planning Commission
made the following Findings for Plot Plan No. 2013-244:
1. Consistency with the General Plan. The plot plan is consistent with the General
Plan Land Use Map, Specific Plan and applicable General Plan objectives,
policies, and programs.
The General Plan land use of the site is Specific Plan (Newport Hub), specifically
Planning Area 1 (Retail/Commercial). The intent of this land use designation is
to recognize areas where an existing Specific Plan is in place and to provide
policies, standards and criteria for the development or redevelopment of these
areas. The proposed project conforms to the zoning, design guidelines and
development standards of the Specific Plan.
Surrounding General Plan Land Use designations are Specific Plan (Newport
Hub), specifically Planning Area 1 (Retail/Commercial), as well. The project is
consistent with these surrounding existing and planned retail/commercial land
uses.
Resolution No PC 14-181
PP 2013-244
September 10, 2014
The City of Menifee has two (2) active conservation plans within the City's
boundary, the Western Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) and the Stephens' Kangaroo Rat Habitat Conservation Plan
(SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the
Western Riverside County MSHCP. The project site is located inside the
Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area and the
boundaries of the Western Riverside County MSHCP; however, the project is not
located with an MSHCP Criteria Cell or Cell Group. The project will be subject to
the payment of fees for a commercial project consistent with Riverside County
Ordinance No. 810.2 as adopted by the City of Menifee. Therefore, the project
will not conflict with the provisions of the adopted HCP, Natural Conservation
Community Plan, or other approved local, regional, or State conservation plan
and the impact is considered less than significant.
2. Consistency with the Zoning Code.
The project is zoned Specific Plan (Newport Hub), Planning Area 1
(Retail/Commercial) as noted above. The Specific Plan refers back to the Scenic
Highway Commercial (C-P-S) zoning classification of Ordinance No. 348. The
project is consistent with existing zoning and development standards.
Surrounding zoning includes Newport Hub Specific Plan, Planning Area 1 (i.e.,
Scenic Highway Commercial) to the north, east, south and west. This
classification is compatible with the Specific Plan, Planning Area 1 zone of the
project site.
3. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or injurious
to or incompatible with other properties or land uses in the project vicinity.
The northern boundary abuts vacant parcels that are designated for retail
commercial land uses. To the east lies existing medical offices and a Texas
Roadhouse restaurant. To the south is the existing Circle K gas station and
convenience store. To the west is the Newport Towne Square retail commercial
center which is currently under construction and will include multiple sit-down and
take-out restaurants and additional future retail commercial uses.
The proposed project is compatible with the surrounding land uses, General Plan
land use designations and zoning classifications. The project incorporates
quality architecture and landscaping which will both buffer the tire services
component of the project and enhance the area. Environmental impacts
resulting from the project have been analyzed in a Mitigated Negative
Declaration (MND). The MIND determined that impacts, including, but not limited
to, air quality, greenhouse gas emissions, water quality, noise, and traffic, would
all be less than significant. Therefore, the project is not anticipated to create
conditions materially detrimental to the public health, safety and general welfare
or injurious to or incompatible with other properties or land uses in the project
vicinity.
4. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
Resolution No PC 14-181
PP 2013-244
September 10, 2014
A Mitigated Negative Declaration has been completed for the proposed project.
The Mitigated Negative Declaration/Environmental Assessment did not identify
any potentially significant impacts.
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
and orders as follows:
1. The Findings set out above are true and correct.
2. Plot Plan No. 2013-244 is hereby approved subject to the Conditions of Approval
attached as Exhibit "A" to this Resolution.
PASSED, APPROVED AND ADOPTED this tq4 10th day of September, 2014.
No
oved as form.
Julie Hayward iggs,13ity Attorne
Attest:
e fifer Allen, Deputy City Clerk
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 951.6793843
w .cityofinenifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do
hereby certify that the foregoing Resolution No. PC14-181 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
10h day of September, 2014 by the following vote:
Ayes: Liesemeyer, Matelko, Phillips, Sobek, Thomas
Noes: None
Absent: None
Abstain: None
J nni er Allen, Planning Commission Secretary
EXHIBIT 661"
Conditions of Approval for
Plot Plan No. 2013-244
"America's Tire"
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Fire Department
Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
Section VI: Riverside County Environmental Programs
Department
Page ] of 47
Section I:
Conditions Applicable to all
Departments
Page 2 of 47
General Conditions
Description. Plot Plan No. 2013-244 (Plot Plan) is for the construction and
operation of a new 7,454-square-foot building for a tire sales and service shop on
a 0.93-acre parcel (APN: 336-380-011). Access to the project site is proposed
off of Haun Road.
2. Indemnification. The permitee shall indemnify, protect, defend, and hold
harmless, the City and any agency or instrumentality thereof, and/or any of its
officers, employees and agents (collectively the "City") from any and all claims,
actions, demands, and liabilities arising or alleged to arise as the result of the
permitee's performance or failure to perform under this Plot Plan or the City's
approval thereof, or from any proceedings against or brought against the City, or
any agency or instrumentality thereof, or any of their officers, employees and
agents, to attack, set aside, void, annul, or seek monetary damages resulting
from an action by the City, or any agency or instrumentality thereof, advisory
agency, appeal board or legislative body including actions approved by the
voters of the City, concerning Plot Plan No. 2013-244 (PP 2013-244), the
Environmental Assessment, and any approval hereunder.
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. 2013-244 shall be henceforth defined as
follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all
mean the Permittee of this project.
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2013-244, dated
5/22/14.
APPROVED EXHIBIT G = Grading Plan and Drainage Plan for Plot Plan
No. 2013-244, Sheets 1-8, dated 5/22/14.
APPROVED EXHIBIT B = Elevations for Plot Plan No. 2013-244, dated
5/22/14.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2013-244, dated
5/22/14.
APPROVED EXHIBIT L = Landscaping Plan for Plot Plan No. 2013-244,
Sheets 1-7, dated 5/22/14.
APPROVED EXHIBIT M = Color and Material Board for Plot Plan No.
2013-244, dated 5/22/14.
4. 90 Days. The permitee has 90 days from the date of approval of these conditions
to protest, in accordance with the procedures set forth in Government Code
Section 66020, the imposition of any and all fees, dedications, reservations
and/or other exactions imposed on this project as a result of this approval or
conditional approval of this project.
Page 3 of 47
5. City of Menifee. The City of Menifee is a new City, incorporated on October 1,
2008; the City is studying and adopting its own ordinances, regulations,
procedures, processing and development impact fee structure. In the future the
City of Menifee will identify and put in place various processing fees to cover the
reasonable cost of the services provided. The City also will identify and fund
mitigation measure under CEQA through development impact fees. Such fees
may include but are not limited to processing fees for the costs of providing
planning services when development entitlement applications are submitted,
which fees are designed to cover the full cost of such services, and development
impact fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing districts
to cover the costs of maintenance of improvements constructed by development,
Permittee agrees to petition for formation of, annexation to or inclusion in any
such financing district and to pay the cost of such formation, annexation or
inclusion.
The permitee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
6. Revocation. In the event the use hereby permitted under this permit, a) is found
to be in violation of the terms and conditions of this permit, b) is found to have
been obtained by fraud or perjured testimony, or c) is found to be detrimental to
the public health, safety or general welfare, or is a public nuisance, this permit
shall be subject to the revocation procedures.
7. Business Registration. Every person conducting a business within the City of
Menifee shall obtain a business license, as required by the Menifee Municipal
Code. For more information regarding business registration, contact the City of
Menifee.
8. Expiration Date. This approval shall be used within two (2) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. By
use is meant the beginning of substantial construction contemplated by this
approval within two (2) year period which is thereafter diligently pursued to
completion or to the actual occupancy of existing buildings or land under the
terms of the authorized use. Prior to the expiration of the two year period, the
permittee may request a one (1) year extension of time in which to begin
substantial construction or use of this permit. Should the time period established
by any of the extension of time requests lapse, or should all three one-year
extensions be obtained and no substantial construction or use of this plot plan be
initiated within five (5) years of the effective date of the issuance of this plot plan,
this plot plan shall become null and void.
Page 4 of 47
Section II:
Planning Conditions of Approval
Page 5 of 47
General Conditions
9. Comply with Ordinances. The development of these premises shall comply
with the standards of Riverside County Ordinance No. 348 (hereinafter
Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal
Code and all other applicable ordinances and State and Federal codes and
regulations.
The development of the premises shall conform substantially with that as shown
on APPROVED EXHIBIT A, B, C, G, L, and M unless otherwise amended by
these conditions of approval.
10.Outside Lighting. Any outside lighting shall be hooded and directed so as not to
shine directly upon adjoining property or public rights -of -way.
11. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT B and M.
12. Parking.
Based on the Ordinance 348, Section 18.12, parking for tire sales and service
are calculated based on the following ratios: one (1) space/150 square feet of
gross floor area of retail sales and office area and four (4) spaces per service
bay. The minimum number of required parking spaces for the proposed project
is thirty six (36). The site will provide a total of thirty-seven (37) parking spaces,
including twenty-nine (29) standard spaces, two (2) ADA accessible spaces and
six (6) service bays.
Bays AM Required
1,692 sq. ft. 1 space/150
(retail square feet of 12
sales/office gross floor area 37
6 service bays 4 spaces / 24
service bav
A minimum of thirty-seven (37) parking spaces (including the six [6] service bays)
shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise
approved by the Community Development Department. The parking area shall
be surfaced with asphaltic concrete, concrete, or porous paving, to current
standards as approved by the Department of Building and Safety.
ADA Parking Spaces:
A minimum of two (2) accessible parking spaces for persons with disabilities shall
be provided consistent with ADA requirements and as approved by the City of
Menifee Building and Safety Department. The location of ADA parking and paths
of travel will be finalized on the final site plan of the proposed project. Each
parking space reserved for persons with disabilities shall be identified by a
Page 6 of 47
permanently affixed reflectorized sign constructed of porcelain on steel, beaded
text or equal, displaying the International Symbol of Accessibility. The sign shall
not be smaller than 70 square inches in area and shall be centered at the interior
end of the parking space at a minimum height of 80 inches from the bottom of the
sign to the parking space finished grade, or centered at a minimum height of 36
inches from the parking space finished grade, ground, or sidewalk. A sign shall
also be posted in a conspicuous place, at each entrance to the off-street parking
facility, not less than 17 inches by 22 inches, clearly and conspicuously stating
the following:
"Unauthorized vehicles not displaying distinguishing placards or license plates
issued for physically handicapped persons may be towed away at owner's
expense. Towed vehicles may be reclaimed at or by telephoning _."
In addition to the above requirements, the surface of each parking space shall
have a surface identification sign duplicating the symbol of accessibility in blue
paint of at least 3 square feet in size.
Bicycle Racks:
A bicycle rack with a minimum of two (2) spaces shall be provided as shown on
APPROVED EXHIBIT A to facilitate bicycle access to the project area. The
bicycle racks shall be shown on project landscaping and improvement plans
submitted for Community Development Department approval, and shall be
installed in accordance with those plans.
Loading.
One loading area will be provided as shown on APPROVED EXHIBIT A.
13. Window Signs
No signage has been approved under PP 2013-244. Signage on the subject
property shall conform to Specific Plan No. 248 "Design Guidelines" which allows
the following for signage within storefront windows:
Window signs may cover a maximum of 25% of the total area of the
windows on the primary frontage.
14. No Outdoor Advertising. No outdoor advertising display, including, but not
limited to, tire displays, billboards, temporary signage, or wall and monument
signs (not including on -site advertising or directional signs [to be approved under
a separate minor plot plan]) shall be constructed or maintained within the
property subject to this approval.
15. Reclaimed Water. The permitee shall connect to a reclaimed water supply for
landscape watering purposes when secondary or reclaimed water is made
available to the site as required by Eastern Municipal Water District.
16. No Permanent Occupancy. No permanent occupancy shall be permitted within
the property approved under this plot plan as a principal place of residence. No
person shall be entitled to vote using an address within the premises as a place
of residence.
Page 7 of 47
17. Exterior Noise Levels. Exterior noise levels produced by any use allowed under
this permit, including, but not limited to, any outdoor public address system, shall
not exceed 55 db(A), 10-minute Leq, between the hours of 10:00 p.m. to 7:00
a.m., and 65 db(A), 10-minute Leq, at all other times as measured at any
residential, hospital, school, library, nursing home or other similar noise sensitive
land use. In the event noise exceeds this standard, the permitee or the
permitee's successor -in -interest shall take the necessary steps to remedy the
situation, which may include discontinued operation of the facilities.
18. Noise Monitoring Reports. The permitee may be required to submit periodic
noise monitoring reports as determined by the Department of Building and Safety
as part of a code enforcement action. Upon written notice from the Department of
Building and Safety requiring such a report, the permitee or the permitee's
successor -in -interest shall prepare and submit an approved report within thirty
(30) calendar days to the Department of Building and Safety, unless more time is
allowed through written agreement by the Department of Building and Safety.
The noise monitoring report shall be approved by the Office of Industrial Hygiene
of the Health Service Agency (the permitee or the permitee's successor -in -
interest shall be required to place on deposit sufficient funds to cover the costs of
this approval prior to commencing the required report).
19. Comply with. Geologic Report. The developer shall comply with the
recommendations of the Geologic Report. County Geologic Report (GEO) No.
2368 was prepared by Salem Engineering Group, Inc. for this project (PP 2013-
244) and is entitled: "Geotechnical Engineering Investigation Proposed America's
Tire Store Newport Road and Haun Road Menifee, California", dated October 31,
2013.
GEO No. 2368 concluded:
1. Active faulting does not exist at the subject site.
2. The property is considered subject to relative high groundshaking, and the
proposed structures should be designed accordingly.
3. The site soils have a low potential for liquefaction under seismic conditions.
4. Seismic densification of dry -to -damp alluvial sandy soils due to onsite
seismic activity is calculated to have a total settlement of approximately
0.13 inches.
5. Landslide/slope instability/rock fall issues pose a very low risk.
6. Tsunami and inundation and not considered significant hazards.
7. Except for exposure during construction, wind and water erosion should not
be a concern.
GEO No. 2368 recommended:
1. The proposed structures should be designed in consideration of the
property's relative high groundshaking potential.
2. Verification of the extent of fill should be determined during site grading.
Any uncompacted fill materials should be replaced with engineered fill.
3. The upper 12 inches of soil within the concrete slab and exterior flatwork
areas should be replaced with "non -expansive' soils.
Page 8 of 47
20. No Outdoor Storage. No outdoor storage is allowed within the site. No storage
lockers, sheds, metal container bins, tire racks, used or discarded automotive
parts or equipment, permanently disabled, junked or wrecked vehicles, or metal
shipping containers will be allowed to be kept onsite unless reviewed and
approved by the Community Development Department.
21. Limitations on Vehicle Parking. The parking area shall be used for employee
and customer parking only and not for the overnight or long-term storage of
vehicles. Additionally, no vehicle to be serviced or repaired shall be parked or
stored on any adjacent street or property.
22. Repair Activities. All repair activities and operations shall be conducted entirely
within the enclosed building. Outdoor hoists are prohibited.
23. Hours of Construction. Construction activities shall be restricted to the hours of
6:30 a.m. to 7:00 p.m. Monday through Saturday and are prohibited on Sundays
and federal holidays.
24. Rules for Construction Activities. The applicant shall adhere to the Best
Available Control Measures (BACMs). SCAQMD Rules that are currently
applicable during construction activity for the project include but are not limited
to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403
(Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule
403 regulatory requirements that are applicable to the project are as follows:
• All clearing, grading, earth -moving, or excavation activities shall cease when
winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust
emissions.
• The contractor shall ensure that all disturbed unpaved roads and disturbed
areas within the project are watered at least three times daily during dry
weather. Watering, with complete coverage of disturbed areas, shall occur at
least three times a day, preferably in the midmorning, afternoon, and after
work is done for the day. Implementation of this measure is estimated to
reduce PMloand PM2.5fugitive dust emissions by approximately 61%.
• The contractor shall ensure that traffic speeds on unpaved roads and project
site areas are reduced to 15 miles per hour or less to reduce PMio and PM2.e
fugitive dust haul road emissions by approximately 44%.
25. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402
which prohibits a person from discharging any source quantities of air
contaminants or other material which cause injury, nuisance, or annoyance to
any considerable number of persons or to the public.
26. Truck Loading Activities. Truck loading activities for Building A shall occur in
the designated loading area as shown on APPROVED EXHIBIT A. Truck
loading activities shall be scheduled and located in areas so as not to obstruct
vehicle movement into and within the site or significantly reduce the amount of
available parking. Truck loading shall not occur within the main entry drive aisle
as shown on APPROVED EXHIBIT A.
Page 9 of 47
ARCHEOLOGY
27. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin. Further,
pursuant to Public Resource Code Section 5097.98(b) remains shall be left in
place and free from disturbance until a final decision as to the treatment and
disposition has been made. If the Riverside County Coroner determines the
remains to be Native American, the Native American Heritage Commission shall
be contacted within the period specified by law (24 hours). Subsequently, the
Native American Heritage Commission shall identify the "most likely
descendant." The most likely descendant shall then make recommendations and
engage in consultation concerning the treatment of the remains as provided in
Public Resources Code Section 5097.98. Human remains from other
ethnic/cultural groups with recognized historical associations to the project area
shall also be subject to consultation between appropriate representatives from
that group and the Property Owner.
28. Inadvertent Archeological Find. If during ground disturbance activities, unique
cultural resources are discovered that were not assessed by the archaeological
report(s) and/or environmental assessment conducted prior to project approval,
the following procedures shall be followed. Unique cultural resources are
defined, for this condition only, as being multiple artifacts in close association
with each other, but may include fewer artifacts if the area of the find is
determined to be of significance due to its sacred or cultural importance as
determined in consultation with the Native American Tribe(s).
i. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the developer,
the archaeologist, the tribal representative(s), and the Community
Development Director to discuss the significance of the find.
ii. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community Development
Director, as to the appropriate mitigation (documentation, recovery,
avoidance, etc.) for the cultural resources.
iii. Grading of further ground disturbance shall not resume within the area of the
discovery until an agreement has been reached by all parties as to the
appropriate mitigation.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Treatment and Monitoring
Agreements entered into with the appropriate tribes.
LANDSCAPING
29.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 Community Development Department and
the South Coast Air Quality Management District (SCAQMD).
Page 10 of 47
30. 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 Community Development Department shall require
inspections in accordance with the prior to building permit issuance landscaping
install and inspected condition.
31. Landscape Plans. All landscaping plans shall be prepared in accordance with
the City's Water Efficient Landscape Ordinance. Such plans shall be reviewed
and approved by the Community Development Department, and the appropriate
maintenance authority.
32. Maintenance of Landscaping. All private landscaping shall be maintained by a
property owners association or individual property owner. All landscaping, and
similar improvements not properly maintained by a property owners association
or individual property owners must be annexed into a Lighting and Landscape
District, or other mechanism as determined by the City of Menifee.
FEES
33. 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 Resolution No. 13-320 (Cost of Services Fee Study), or any successor
thereto. Each submittal shall be accompanied with a letter clearly indicating
which condition or conditions the submittal is intended to comply with.
Prior to Issuance of Grading Permit
34. Permission for Offsite Grading. Prior to the issuance of grading permits, the
applicant shall submit for approval a letter of consent from the affected property
owner(s) permitting the proposed offsite grading. The applicant shall obtain
approval of the letter of consent from the Community Development Director
before grading can occur. If the applicant is unable to obtain an offsite grading
permission letter, the applicant shall submit to the Community Development
Department detailed plans and obtain approval of a retaining wall on the north
and west sides of the property such that no grading occurs on the adjacent
property. The retaining wall shall include a masonry cap along the entire length
of the wall (instead of a mortar cap) and shall include a concrete masonry unit
other than precision block.
35. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management
District (SCAQMD) Rule 403. The permitee shall include in construction
contracts the control measures required under Rule 403 at the time of
development, including the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius)
must be swept (preferably with water weepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a 10 percent surface
Page 11 of 47
soil moisture content throughout all earth moving activities. All unpaved
demolition and construction areas shall be wetted at least twice daily during
excavation and construction, and temporary dust covers shall be used to
reduce dust emissions and meet SCAQMD District Rule 403. Wetting could
reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least three
times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible
dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wind 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;
Page 12 of 47
r. All materials transported off -site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction
site that identifies the permitted construction hours and provides a telephone
number to call and receive information about the construction project or to
report complaints regarding excessive fugitive dust generation. Any
reasonable complaints shall be rectified within 24 hours of their receipt.
ARCHEOLOGY
36. Archeologist Retained. Prior to issuance of a grading permit, the project
applicant shall retain a Riverside County qualified archaeologist to monitor all
ground disturbing activities in an effort to identify any unknown archaeological
resources.
The Project Archaeologist and the representative(s) from the Native American
Tribe (s) shall be included in the pre -grade meetings to provide cultural/historical
sensitivity training including the establishment of set guidelines for ground
disturbance in sensitive areas with the grading contractors. The Project
Archaeologist and the Tribal representative(s) shall manage and oversee
monitoring for all initial ground disturbing activities and excavation of each
portion of the project site including clearing, grubbing, tree removals, mass or
rough grading, trenching, stockpiling of materials, rock crushing, structure
demolition and etc. The Project Archaeologist and the Tribal representative(s),
shall have the authority to temporarily divert, redirect or halt the ground
disturbance activities to allow identification, evaluation, and potential recovery of
cultural resources in coordination with any required special interest or tribal
monitors.
The developer/permit holder shall submit a fully executed copy of the contract to
the Community Development Department to ensure compliance with this
condition of approval. Upon verification, the Community Development
Department shall clear this condition.
Any newly discovered cultural resources shall be subject to an evaluation, in
consultation with the Native American Tribe(s) and which will require the
development of a treatment plan and monitoring agreement for the newly
discovered resources.
37. Native American Monitoring (Pechanga). Tribal monitor(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(s) from the Pechanga Band of Luiseno Indians.
Prior to issuance of a grading permit, the developer shall submit a copy of a
signed contract between the above -mentioned Tribe and the land divider/permit
holder for the monitoring of the project to the Community Development
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Department and to the Engineering Department. 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.
The Developer shall relinquish ownership of all cultural resources, including all
archaeological artifacts that are of Native American origin, found in the project
area for proper treatment and disposition to a curational facility that meets or
exceeds Federal Curation Standards outlined in 36 CFR 79. The
Applicant/Permittee shall be responsible for all curation costs.
38. Native American Monitoring (Soboba). Tribal monitor(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(s) from the Soboba Band of Luiseno Indians.
Prior to issuance of a grading permit, the developer shall submit a copy of a
signed contract between the above -mentioned Tribe and the land divider/permit
holder for the monitoring of the project to the Community Development
Department and to the Engineering Department. 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.
The Developer shall relinquish ownership of all cultural resources, including all
archaeological artifacts that are of Native American origin, found in the project
area for proper treatment and disposition to a curational facility that meets or
exceeds Federal Curation Standards outlined in 36 CFR 79. The
Applicant/Permittee shall be responsible for all curation costs.
39. Non -Disclosure of Location Reburials. It is understood by all parties that
unless otherwise required by law, the site of any reburial of Native American
human remains or associated grave goods shall not be disclosed and shall not
be governed by public disclosure requirements of the California Public Records
Act. The Coroner, pursuant to the specific exemption set forth in California
Government Code 6254 (r)., parties, and Lead Agencies, will be asked to
withhold public disclosure information related to such reburial, pursuant to the
specific exemption set forth in California Government Code 6254 (r).
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PALEONTOLOGY
40. Paleontologist Required. This site is mapped in the County's General Plan as
having a high potential for paleontological resources (fossils). Therefore, PRIOR
TO ISSUANCE OF GRADING PERMITS:
The permitee shall retain a qualified paleontologist approved by the City of
Menifee to create and implement a project -specific plan for monitoring site
grading/earthmoving activities (project paleontologist).
The project paleontologist retained shall review the approved development plan
and shall conduct any pre -construction work necessary to render appropriate
monitoring and mitigation requirements as appropriate. These requirements shall
be documented by the project paleontologist in a Paleontological Resource
Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the
Community Development Department for review and approval prior to issuance
of a Grading Permit.
Information to be contained in the PRIMP, at a minimum and in addition to other
industry standard and Society of Vertebrate Paleontology standards, are as
follows
A. The project paleontologist shall participate in a pre -construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction, as
applicable.
B. Paleontological monitoring of earthmoving activities will be conducted on an
as -needed basis by the project paleontologist during all earthmoving activities
that may expose sensitive strata. Earthmoving activities in areas of the project
area where previously undisturbed strata will be buried but not otherwise
disturbed will not be monitored. The project paleontologist or his/her assign will
have the authority to reduce monitoring once he/she determines the probability of
encountering fossils has dropped below an acceptable level.
C. If the project paleontologist finds fossil remains, earthmoving activities will be
diverted temporarily around the fossil site until the remains have been evaluated
and recovered. Earthmoving will be allowed to proceed through the site when the
project paleontologist determines the fossils have been recovered and/or the site
mitigated to the extent necessary.
D. If fossil remains are encountered by earthmoving activities when the project
paleontologist is not onsite, these activities will be diverted around the fossil site
and the project paleontologist called to the site immediately to recover the
remains.
E. If fossil remains are encountered, fossiliferous rock will be recovered from the
fossil site and processed to allow for the recovery of smaller fossil remains. Test
samples may be recovered from other sampling sites in the rock unit if
appropriate.
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F. Any recovered fossil remains will be prepared to the point of identification and
identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled with
museum* repository fossil specimen numbers and corresponding fossil site
numbers, as appropriate; places in specimen trays and, if necessary, vials with
completed specimen data cards) and catalogued, an associated specimen data
and corresponding geologic and geographic site data will be archived (specimen
and site numbers and corresponding data entered into appropriate museum
repository catalogs and computerized data bases) at the museum repository by a
laboratory technician. The remains will then be accessioned into the museum*
repository fossil collection, where they will be permanently stored, maintained,
and, along with associated specimen and site data, made available for future
study by qualified scientific investigators.
* The City of Menifee must be consulted on the repository/museum to receive the
fossil material prior to being curated.
G. A qualified paleontologist shall prepare a report of findings made during all
site grading activity with an appended itemized list of fossil specimens recovered
during grading (if any). This report shall be submitted to the Community
Development Department for review and approval prior to building final
inspection as described elsewhere in these conditions.
All reports shall be signed by the project paleontologist and all other
professionals responsible for the report's content (eg. Professional Geologist,
Professional Engineer, etc.), as appropriate. Two wet -signed original copies of
the report shall be submitted directly to the Community Development Department
along with a copy of this condition, deposit based fee and the grading plan for
appropriate case processing and tracking.
FEES
41. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the
permitee shall comply with the provisions of Ordinance No. 663, which generally
requires the payment of the appropriate fee set forth in that ordinance. The
amount of the fee required to be paid may vary depending upon a variety of
factors, including the type of development application submitted and the
applicability of any fee reduction or exemption provisions contained in Ordinance
No. 663. Said fee shall be calculated on the approved development project which
is anticipated to be 0.93 acres (gross) in accordance with APPROVED EXHIBIT
A. If the development is subsequently revised, this acreage amount may be
modified in order to reflect the revised development project acreage amount. In
the event Ordinance No. 663 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 663 be rescinded and superseded by
a subsequent mitigation fee ordinance, payment of the appropriate fee set forth
in that ordinance shall be required.
42. Fees. Prior to the issuance of grading permits for PP 2013-244, the Community
Development Department shall determine the status of the deposit based fees. If
the fees are in a negative status, the permit holder shall pay the outstanding
balance.
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Prior to Issuance of Building Permit
43. 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 Plot Plan which must be
satisfied prior to the issuance of a building permit. The Community Development
Director may require inspection or other monitoring to ensure such compliance.
44. Submit Building Plans. Prior to the issuance of a building permit, the permitee
shall submit building plans with the City of Menifee Building and Safety
Department for building permits. The building plans shall be in substantial
conformance with APPROVED EXHIBIT B.
Building and Safety will require the following items:
1. Plans shall be designed to the provisions of the 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.
45. Elevations. Elevations of all buildings and structures submitted for building plan
check approval shall be in substantial conformance with the elevations shown on
APPROVED EXHIBIT B.
46. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
47. Lighting. The building plans shall show the location and types of light fixtures
that will be within the project site. Lighting fixtures shall be decorative. Shoe box
type lighting will not be allowed. Lighting shall be designed to define the
vehicular and pedestrian circulation patterns and ensure safe pedestrian
movement. The types of lighting fixtures used shall be subject to Community
Development Department approval.
48. Roof -Mounted Equipment Plans. All building plans shall be subject to
Community Development Department approval. Planning staff will verify that all
roof -mounted equipment has been screened in compliance with approved Exhibit
B prior to building permit issuance. The screening of this equipment shall be
verified by Planning staff in the field prior to final occupancy.
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49. Dark Sky Ordinance. All parking lot lights and other outdoor lighting shall be
shown on electrical plans submitted to the Department of Building and Safety for
plan check approval and shall comply with the requirements of the City of
Menifee Ordinance No. 2009-024 and the General Plan.
50. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of
building permits, the applicant shall submit three (3) copies of a Recyclables
Collection and Loading Area plot plan to the Riverside County Waste
Management Department for review and approval. The plot plan shall conform to
Design Guidelines for Recyclables Collection and Loading Areas, provided by the
Waste Management Department, and shall show the location of and access to
the collection area for recyclable materials, along with its dimensions and
construction detail, including elevation/fagade, construction materials and
signage. The plot plan shall clearly indicate how the trash and recycling
enclosures shall be accessed by the hauler.
51. Waste Recycling Plan. Prior to the issuance of building permits, a Waste
Recycling Plan (WRP) shall be submitted to the Riverside County Waste
Management Department for approval. At a minimum, the WRP must identify the
materials (i.e., concrete, asphalt, wood, etc.) that will be generated by
construction and development, the projected amounts, the measures/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. During project construction, the project site shall have, at a
minimum, two (2) bins; one for waste disposal and the other for the recycling of
Construction and Demolition (C&D) materials. Additional bins are encouraged to
be used for further source separation of C&D recyclable materials. Accurate
record keeping (receipts) for recycling of C&D recyclable materials and solid
waste disposal must be kept. Arrangements can be made through the franchise
hauler.
52. Security Systems. Prior to the issuance of building permits, the applicant shall
prepare a security plan for the site. The development shall install exterior
cameras to monitor all parking stalls surrounding the exterior of all buildings.
These cameras shall be attached to the proposed light poles in the parking lot
and/or the exterior of the building itself. The interior and exterior cameras shall
be equipped with recording capabilities allowing it to save a minimum of four
months of recording time. The Sherriff's Department and/or Community
Development Department shall verify that the security system has been installed
prior to final occupancy. For further information, please contact Sergeant Tim
Elwell at the Perris/Menifee Police Station at (951) 210-1084 or via email at
telwel I(a)riversidesheriff.ora.
LANDSCAPING
53. Performance Securities. Performance securities, in amounts to be determined
by the Director of Community Development to guarantee the installation of
plantings, irrigation system, walls and/or fences, in accordance with the approved
plan, shall be filed with the Department of Community Development. Securities
may require review by City Attorney and other staff. Permit holder is encouraged
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to allow adequate time to ensure that securities are in place. The performance
security may be released one year after structural final, inspection report, and the
One -Year Post Establishment report confirms that the planting and irrigation
components have been adequately installed and maintained. A cash security
shall be required when the estimated cost is $2,500.00 or less.
54. Landscape and Irrigation Plans. The permitee shall submit three (3) sets of
Final Landscaping and Irrigation Plans to the Community Development
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
Community Development 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.
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 Community Development Department. Shading calculations is based on tree
canopy over the parking spaces. Tree canopy after 15 years growth shading the
parking spaces only. Please use AutoCAD to calculate the shade in the parking
area for the working drawings.
The location, number, genus, species, and container size of plants shall be
shown. Plans shall meet all applicable requirements of Menifee Municipal Code
Chapter 15.04 (as adopted and any amendments thereto), the Riverside County
Guide to California Friendly Landscaping, Eastern Municipal Water District
requirements and Ordinance No. 348, Sections 18.12, and 19.300 through
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19.304 and as specified herein. The irrigation plan shall include a smart controller
capable of adjusting watering schedule based on weather data. In addition, the
plan will incorporate the use of in -line check valves, or sprinkler heads containing
check valves to prohibit low head drainage.
Curb and Walkway on End Stall Planters. A six (6) inch high curb with a
twelve (12) inch wide walkway shall be constructed along planters on end stalls
adjacent to automobile parking areas. Public parking areas shall be designed
with permanent curb, bumper, or wheel stop or similar device so that a parked
vehicle does not overhang required sidewalks, planters, or landscaped areas.
55. Crime Prevention through Environmental Design Guidelines. Pursuant to
correspondence received on similar project in the City of Menifee from the
Riverside County Sherriff's Department, all plants, landscaping and foliage shall
fall within current CPTED (Crime Prevention through Environmental Design)
guidelines.
56. Landscape Inspections. Prior to issuance of building permits, the permit holder
shall open a Landscape Deposit Based Fee case and deposit the prevailing
deposit amount to cover the pre installation, installation, Six Month, and One
Year Landscape Inspections. The amount of hours for pre installation,
installation, Six Month, and One Year Landscape Inspections will be determined
by the Community Development Department's Landscape personnel prior to
approval of the requisite Minor Plot Plan for Planting and Irrigation.
FEES
57. Fees. Prior to issuance of building permits, the Community Development
Department shall determine if the deposit based fees for project are in a negative
balance. If so, any outstanding fees shall be paid by the permitee.
58. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
59. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
Prior to Final Inspection
60. 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 Plot Plan which must be
satisfied prior to the issuance of final occupancy. The Community Development
Director may require inspection or other monitoring to ensure such compliance.
61. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on APPROVED EXHIBIT B.
62. Roof Mounted Equipment. Prior to final occupancy, Planning staff will verify
that all roof -mounted equipment has been screened in compliance with the
approved plans.
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63. Waste Management Clearance. Prior to issuance of an occupancy permit, the
applicant shall obtain a clearance letter from the Waste Management Department
indicating that the recyclables collection and loading area has been constructed
in compliance with the Recyclables and Loading Area plot plan, as approved and
stamped by the Riverside County Waste Management Department.
64. 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 Community Development 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.
65. Trash Enclosures. Two (2) trash enclosures which are adequate to enclose a
minimum of two (2) bins each shall be located as shown on the APPROVED
EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits.
The enclosure(s) shall be a minimum of six (6) feet in height and shall be
architecturally enhanced and made with masonry block with landscaping
screening, roof covering and a solid gate which screens the bins from external
view. Additional enclosed area for collection of recyclable materials shall be
located within, near or adjacent to each trash and rubbish disposal area. The
recycling collection area shall be a minimum of fifty percent (50%) of the area
provided for the trash/rubbish enclosure(s) or as approved by the Riverside
County Waste Management Department. All recycling bins shall be labeled with
the universal recycling symbol and with signage indicating to the users the type
of material to be deposited in each bin.
66. Lighting. Exterior lighting shall be consistent with the approved building plans.
67. Condition Compliance. The Community Development Department shall verify
that the Development Standards and all other preceding conditions have been
complied with prior to any use allowed by this permit.
68. Security Systems. The Riverside County Sheriff Department and/or Community
Development Department shall verify that the security system has been installed
in compliance with the Riverside County Sherriff Department's requirements prior
to final occupancy.
69. Final Planning Inspection. The permitee shall obtain final occupancy sign -off
from the Planning Division for each building permit issued by scheduling a final
Planning inspection prior to the final sign -off from the Building Department.
Planning staff shall verify that all pertinent conditions of approval have been met,
including compliance with the approved elevations, site plan, parking lot layout,
etc. The permitee shall have all required paving, parking, walls, site lighting,
landscaping and automatic irrigation installed and in good condition.
ARCHEOLOGY
70. Phase III and IV. Prior to final inspection of the first building permit associated
with each phase of grading, the developer/permit holder shall prompt the Project
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Archeologist to submit two (2) copies of the Phase III Data Recovery report (if
conducted for the Project) and the Phase IV Cultural Resources Monitoring
Report that complies with the Community Development Department's
requirements for such reports. The Phase IV report shall include evidence of the
required cultural/historical sensitivity training for the construction staff held during
the pre -grade meeting. The Community Development Department shall review
the reports to determine adequate mitigation compliance. Provided the reports
are adequate, the Community Development Department shall clear this
condition. Once the report(s) are determined to be adequate, two (2) copies
shall be submitted to the Eastern Information Center (EIC) at the University of
California Riverside (UCR), one (1) copy shall be submitted to the Soboba
Cultural Resources Department, and one (1) copy shall be submitted to the
Pechanga Cultural Resources Department.
PALEONTOLOGICAL
71. Paleontological Monitoring Report. Prior to building permit issuance and/or
final on grading, the permitee shall submit to the Community Development
Department, two (2) copies of the Paleontology Monitoring Report. The report
shall be certified by a professional paleontologist listed Riverside County's
Paleontology Consultant List. A deposit for the review of the report will be
required.
LANDSCAPING
72. Soil Management Plan
The permitee shall submit a Soil Management Plan (Report) to the Community
Development 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?"
73. Landscape/Irrigation Install Inspection
The permitee landscape architect responsible for preparing the Landscaping and
Irrigation Plans shall arrange for a Pre -Landscape installation inspection and a
Landscape Completion Installation Inspection with the Community Development
Department. The pre -landscape inspection shall be arranged at least fifteen (15)
working days prior to installation of landscaping. The landscape completion
inspection shall be arranged at least fifteen (15) working days prior to final
inspection of the structure or issuance of occupancy permit, whichever occurs
first. A One Year Post -Establishment Inspection will also be required. The
Community Development Department will require a deposit in order to conduct
the landscape inspections.
74. Landscape Installation. All required landscape planting and irrigation, including
but not limited to onsite, shall have been installed in accordance with approved
Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter
15.04 (as adopted and any amendments thereto), Eastern Municipal Water
District requirements and the Riverside County Guide to California Landscaping.
All landscape and irrigation components shall be in a condition acceptable to the
Community Development Department. The plants shall be healthy and free of
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weeds, disease or pests. The irrigation system shall be properly constructed and
determined to be in good working order.
75. Final Landscape Approval
The final landscape approval following installation shall be subject to the review
and approval of the City's Landscape Architectural Consultant and the
Community Development Director. The Community Development Director may
require additional trees, shrubs and/or groundcover as necessary, if site
inspections reveal landscape deficiencies that were not apparent during the plan
review process.
FEES
76.Ordinance No. 659 Fee. Prior to the issuance of either a certificate of
occupancy or prior to building permit final inspection, the permitee shall comply
with the provisions of Riverside County Ordinance No. 659 (hereinafter
Ordinance No. 659), as adopted by the City which requires the payment of the
appropriate fee set forth in the Ordinance. Ordinance No. 659 has been
established to set forth policies, regulations and fees related to the funding and
construction of facilities necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance, and it establishes the authorized uses of the fees
collected.
In the event Ordinance No. 659 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 659 be rescinded and superseded by
a subsequent City mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
77. Open Space Fee. Prior to the issuance of a certificate of occupancy, or upon
building permit final inspection prior to use or occupancy for cases without final
inspection or certificate of occupancy (such as an SMP), whichever comes first,
the permitee shall comply with the provisions of Riverside County Ordinance No.
810 (hereinafter Ordinance No. 810), which requires the payment of the
appropriate fee set forth in the Ordinance.
In the event Ordinance No. 810 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 810 be rescinded and superseded by
a subsequent mitigation fee ordinance, payment of the appropriate fee set forth
in that ordinance shall be required.
78. Fees. Prior to issuance of occupancy/final inspections, the Community
Development Department shall determine if the deposit based fees for project
are in a negative balance. If so, any outstanding fees shall be paid by the
permitee.
79. Stephen's Kangaroo Rat Fee. Prior to the issuance of a certificate of
occupancy, or upon building permit final inspection, whichever comes first, the
permitee shall submit verification that the Stephen's Kangaroo Rat fees have
been paid for the project.
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Section III:
Engineerinq/Transportation/
Gradinq Conditions of Approval
Page 24 of 47
General Engineering Conditions
80. Construction Times of Operation. Any construction within the City limits
located 1/4 of a mile from an occupied residence shall be limited to the hours of
7:00 a.m. to 5:00 p.m., Monday through Saturday, except on nationally
recognized holidays in accordance with Municipal Code Section 8.01.020.
Construction on Sunday or nationally recognized holidays are not permitted
unless prior approval is obtained from the City Building Official or City Engineer.
A Pre -Construction meeting is mandatory with the City's Public Works Senior
Inspector prior to starting any construction activities for this site.
81. Additional Requirements for Grading Construction Notes and Engineering
Details.
a. APPROVAL OF THIS PLOT PLAN, SUBJECT TO THE FOLLOWING
CONDITIONS, DOES NOT CONSTITUTE APPROVAL OF
CONSTRUCTION NOTES, STANDARDS, OR DETAILS AS SHOWN ON
THE PLOT PLAN. While the Grading and Construction Notes and
Engineer's Details are helpful for illustration purposes, the applicable
Construction Notes and City of Menifee Standards will be checked
thoroughly with the Precise Grading Plan Submittal.
b. Provide APN or Tract numbers adjacent to site (typical for all sheets).
c. While not applicable to this Plot Plan, use the most -current Grading Notes
from Grading Checklist on City of Menifee website when submitting
Precise Grading Plan.
d. Horizontal Control Plan does not have any horizontal control information.
Please include horizontal control information.
e. Offsite Grading Permit will be required when submitting for Precise
Grading Plan/Permit.
f. Consider separating Preliminary Grading Plan from Drainage Plan as
currently the plan appears crowded.
g. Submit a Geotechnical and Preliminary Soils Report.
h. A Hydrology and Hydraulics Study/Report is required with this submittal.
CIRCULATION AND DEDICATIONS
82. ADA Compliance. ADA path of travel shall be designed at the most convenient
accesses and the shortest distance to the buildings in accordance with ADA
design standards and to the satisfaction of the City Engineer and City Building
Official.
83.Off-Site Parking. This project shall not have off -site parking on the street.
84. Traffic Signal Mitigation Program. The applicant shall participate in the Traffic
Signal Mitigation Program as approved by the City Council.
85. TUMF Fee Credit. This project is not eligible for fee credit against Development
Impact Fees or other fees received by the City. Any credit of transportation
Uniform Mitigation Fees is governed by WRCOG.
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86. Driveways and Driveway Approaches. Driveways and Driveway Approaches
shall be designed and constructed per Modified County of Riverside standard
207A or City of Menifee Standard if any modifications are posted on City website.
The proposed driveway, as shown on the Plot Plan, shall be constructed prior to
building occupancy and per City of Menifee Standards and Specifications.
87. Paving. Roadway Paving shall conform to Ordinance 461. The applicant shall
be responsible for obtaining the paving inspections required by Ordinance 457.
Any paving and/or paving repairs for utility street cuts, shall be per City of
Menifee Standards and Specifications and as approved by the City Engineer.
88. Road Improvements. All easements and right -of way for roadways shall be
granted to the City of Menifee. The parkway areas behind the street curb within
the right-of-way, not including the handicap ramps shall be landscaped and
irrigated and maintained by the L&LMD in accordance with their requirements.
89. Encroachment Permits. All work to be performed in City, State, or local agency
right-of-way shall obtain all required encroachment permits and clearances prior
to commencement of work.
90. Concrete Work. All concrete work including curbs, gutters, sidewalks,
driveways, cross gutters, catch basins, manholes, vaults, etc. shall be
constructed with concrete having a 28 day minimum strength of Concrete of
3,250 psi.
91. Landscape and Lighting Maintenance District (L&LMD)**. The applicant shall
submit to the City or its designee, the Transportation Department L&LMD
Administrator the following:
a. Completed Engineering Department application
b. Two (2) sets of street lighting plans approved by Engineering Department.
c. Two (2) sets of landscape and irrigation plans approved by Engineering
Department.
d. Appropriate fees for annexation.
e. "Streetlight Authorization" form from SCE, IID or other electric provider.
** If the County of Riverside does not accept further annexations into its L&LMD,
then the applicant shall annex into an existing or proposed Citywide CFD or
propose an alternate mechanism for maintenance, as approved by the City
Engineer.
92. Assessment Districts. Should this project lie within any assessment/benefit
district, the applicant shall, prior to issuance of a building permit, make
application for and pay for their reapportionment of the assessments or pay the
unit fees in the benefit district.
93. Sewer Lines. All sewer line alignments shall be designed such that the
manholes are aligned with the center of lanes or on the lane line and in
accordance with Ordinances 460/461 and Eastern Municipal Water District
standards.
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94. Water Mains and Hydrants. All water mains and fire hydrants providing
required fire flows shall be constructed in accordance with the appropriate
sections of Riverside County Ordinance No. 460 and/or No. 787, subject to the
approval by Eastern Municipal Water District and the Riverside County Fire
Department.
95. Dry Utility Installations. Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance
with Ordinance 460 and 461, or as approved by the Engineering Department.
GRADING AND DRAINAGE
96. General Grading Conditions. All grading shall conform to the latest edition of
the latest adopted edition of the California Building Code, City General Plan,
Ordinance 457 and all other relevant laws, rules and regulations governing
grading in the City. Ordinance 457 requires a grading permit prior to clearing,
grubbing, or any top soil disturbances related to construction grading notice:
Operators of construction projects are required to comply with the National
Pollutant Discharge Elimination System (NPDES) Construction Permit from the
State Water Resources Control Board (SWRCB). The Construction Permit
requirement applies to this project and the applicant may obtain compliance by
electronically submitting a Notice of Intent (NOI) and monitoring plan for the
construction site. For additional information and to obtain a copy of the NPDES
state construction permit, contact SWRCB.
97. Grading Permit for Clearing and Grubbing. Ordinance 457 requires a grading
permit prior to clearing, grubbing, or any top soil disturbances related to
construction grading.
98. Geotechnical and Soils Reports Submittals. All grading shall be done in
conformance with the recommendations of the included geotechnical/soils
reports and under the general direction of a licensed geotechnical engineer.
Geotechnical/soils reports shall be submitted to the City Engineering Department
for approval prior to issuance of a grading permit. All grading shall be in
conformance with the recommendations of the geotechnical/soils reports as
approved by the City. The geotechnical/sails, compaction and inspection reports
will be reviewed in accordance with the Riverside County Geotechnical
Guidelines for Review of Geotechnical and Geologic Reports. A pre -grading
meeting, certifications, approvals and inspection procedures will be implemented
per the City Building and Safety Grading Inspection process.
99. Grading Bonds. Grading in excess of 199 cubic yards will require performance
security to be posted with the City Engineering Department.
100. Import/Export. In instances where a grading plan involves import or
export, prior to obtaining a grading permit, the applicant shall have obtained
approval for the import/export location from the City Engineering Department.
Additionally, if either location was not previously approved by an Environmental
Assessment, prior to issuing a grading permit a Grading Environmental
Assessment shall be submitted to the City Engineering Department for review
and comment and to the Menifee City Engineer for approval. A haul route must
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be submitted and approved by the Engineering department prior to grading
operations.
101. Offsite Grading Easements. Prior to the issuance of a grading permit, it
shall be the sole responsibility of the applicant to obtain any and all proposed or
required easements and/or permissions necessary to perform the grading herein
proposed. A notarized agreement and recorded documents shall be submitted to
the Engineering Department.
102. 2:1 Maximum Slope. Graded slopes shall be limited to a maximum
steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved.
103. Slope Erosion Control Plan. Erosion control - landscape plans, required for
manufactured slopes greater than 3 feet in vertical height, are to be signed by a
registered landscape architect and bonded per the requirements of Ordinance
457.
104. Erosion Control. Graded but undeveloped land shall provide, in addition to
erosion control planting, any drainage facilities deemed necessary to control or
prevent erosion. Erosion and sediment control BMPs are required year round in
compliance with the State Water Resources Control Board (SWRCB) General
Construction Permit. Additional erosion protection may be required during the
rainy season from October 15 to April 15
105. Dust Control. During the actual grading, all necessary measures to control
dust shall be implemented by the applicant in accordance with AQMD
requirements. A watering device shall be present and in use at the project site
during all grading operations.
106. Design Criteria:
a. On -Site Parking — Parking stalls and driveways shall not have grade
breaks exceeding 4%. A 50' minimum vertical curve shall be provided
where grade breaks exceed 4%. 5% grade is the maximum slope for any
parking area.
b. Down Drains - Concrete down drains that outlet onto parking lot areas are
not allowed. Drainage that has been collected in concrete ditches or
swales should be collected into the drainage system underground or
outlet with appropriate velocity reducers into BMP devises.
c. Slopes - All manufactured slopes exceeding 3' shall have some type of
drainage swale at the toe of the slope to collect any runoff.
d. Pavement - Permeable pavement requires the layers of filter material to
be installed relatively flat. As such, the permeable pavement areas should
have a maximum surface gradient of 2%.
Any of the above considerations may require a redesign of the project.
Significant redesigns may require a revised Plot Plan.
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107. Drainage Grade. Minimum drainage design grade shall be 1% except on
Portland cement concrete surfaces where 0.5% shall be the minimum. The
engineer of record must submit a variance request for design grades less than
1 % with a justification fora lesser grade.
108. Maximum and Minimum Grade Advice. Engineer of record is advised to
not base the design on minimum and maximum grades for ADA and project
grading design to allow for construction tolerances. Any improvement that is out
of the minimum and maximum values will not be accepted by the City Inspector.
It will need to be removed and replaced at owner's expense.
109. Drainage Facilities and Terracing. Provide drainage facilities and terracing
in conformance with Section J109 of the California Building Code.
110. Perpetual Drainage Patterns. The property's grading shall be designed in a
manner that perpetuates the existing natural drainage patterns with respect to
tributary drainage area, outlet points and outlet conditions; otherwise, a drainage
easement shall be obtained from the affected property owners for the release of
concentrated or diverted storm flows. A copy of the recorded drainage easement
shall be submitted to the District for review.
111. 100-Year Drainage Facilities. All drainage facilities shall be designed to
accommodate 100 year storm flows as approved by the City of Menifee.
112. Flood Control Encroachment Permit. This project proposes to connect to
a storm drain facility maintained by Riverside County Flood Control and Water
Conservation District. A clearance letter from the District shall be obtained prior
to grading.
113. Flood Hazard Report. As part of the Drainage Study, a Flood Hazard
Report shall be submitted for approval to the City Engineering Department. The
Flood Hazard Report shall comply with all applicable FEMA zones.
114. Trash Racks. Trash racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large floatable debris.
NPDES AND WQMP
115. WQMP. To comply with the Santa Ana Regional Water Quality Control Board
Order No. R8-2010-0033 and the City of Menifee's Local Implementation Plan,
this project is required to develop a Project Specific Water Quality Management
Plan (WQMP). This report identifies a) potential post -project pollutants and
hydrologic impacts associated with the development; b) proposed mitigation
measures (BMPs) for identified impacts including site design, source control and
treatment control post -development BMPs; and c) sustainable funding and
maintenance mechanisms for the aforementioned BMPs.
The developer has submitted a PRELIMINARY Project Specific WQMP which
has been approved by the City. Prior to recordation of the final parcel map or
issuance of a building permit, the developer shall submit a FINAL Project Specific
WQMP for review and approval. Construction plans shall incorporate all of the
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structural BMPs identified in the approved FINAL Project Specific WQMP. The
final developed project shall implement all structural and non-structural BMPs
specified in the approved FINAL Project Specific WQMP.
116. BMP Facilities Maintenance. This project proposes BMP facilities that will
require maintenance by public agency or commercial property owner association.
To ensure that the public is not unduly burdened with future costs, prior to final
approval or recordation of this case, the City will require an acceptable financial
mechanism be implemented to provide for maintenance of treatment control
BMP's in perpetuity. This may consist of mechanism to assess individual
benefitting property owners or other means approved by the City. The site's
treatment control BMP's must be shown on the project's improvement plans —
either the street plans, grading plans, or landscape plans. The type of
improvement plans that will show the BMP's will depend on the selected
maintenance entity.
Prior to Issuance of Grading Permit
CIRCULATION AND DEDICATIONS
117. Improvement Plans. When and if using existing improvement plans for
building the required improvements, these improvements plans shall be As Built
at the conclusion of the project.
118, Signing and Striping Plan. A signing and striping plan conforming to all
requirements, conditions, and provisions of the CAMUTCD is required for this
project. The applicant shall be responsible for any additional paving required to
implement the striping plan.
119. Construction Traffic Control Plan. Prior to commencement of construction
of any kind, the applicant shall submit to the City Engineering Department for
approval a Construction Traffic Control Plan in compliance with the latest
CAMUTCD standards. This plan shall address impacts from truck traffic, noise,
and dust and shall propose measures to minimize these effects and provide for
safe use of the roads during construction. Included in this plan shall be the Traffic
Safety Plan for construction impacts in the road right-of-way. This plan shall
specify, for each phase, what measures are required to mitigate the following:
a. Dust and dirt fallout from truck loads and from entrainment onto City
roadways. Street sweeping is required biweekly during construction
activity and daily during all grading operations. Corrugated steel panels,
gravel, and wheel washing BMPs shall be installed at all approved
construction entrances as part of the SWPPP.
a. Noise mitigation from truck traffic, including timing of construction, and
operation of vehicles through the surrounding residential streets.
b. Traffic safety within the road right-of-way including temporary traffic
control measures and devices.
120. Sight Distance Exhibit. A separate line of sight exhibit shall be provided
with grading plans to verify adequate sight distance requirements by showing the
limited use areas on the grading plan.
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GRADING AND DRAINAGE
121. General Grading Introduction. Improvements such as grading, filling, over
excavation and re -compaction, and base or paving which require a grading
permit are subject to the included City Grading conditions of approval.
122. No Building Permit without Grading Permit. Prior to issuance of any
building permit, the property applicant shall obtain a grading permit and/or
approval to construct from the City Engineering Department.
123. Plan Submittals. Three (3) copies of the improvement plans, grading plans
and any other necessary documentation along with supporting hydrologic and
hydraulic calculations shall be submitted to the City Engineering Department for
review. The plans shall receive City approval prior to issuance of grading permits.
All submittals shall be date stamped by the engineer and include the appropriate
plan check deposits. All large format plans shall be bulk folded to 9"x12". A CD of
all items shall be submitted with each plan check. A scanned image of the final
approved improvement plans shall be provided to the City. ACAD files 2004 or
later are required for all final maps upon approval.
124. Improvement Plans. A copy of the BMP improvement plans along with any
necessary documentation shall be submitted to the City for review. A copy of the
improvement plan and grading plan shall be included for reference. The plans
must receive the City's approval prior to issuance of permits.
125. Site Drainage. Positive drainage of the site shall be provided, and water
shall not be allowed to pond behind or flow over and cut and fill slopes. Where
water is collected in a common area and discharged, protection of the native
soils shall be provided by planting erosion resistant vegetation, as the native soils
are susceptible to erosion by running water. Maximum inclination of all cut and fill
slopes shall be 2 horizontal to 1 vertical. Final determination of the foundation
characteristics of soils within on -site development areas shall be performed by a
geotechnical engineer.
NPDES AND WQMP
126. Preliminary WQMP. The developer has submitted a report that minimally
meets the criteria for a preliminary project specific WQMP. The report will need
revisions to meet the requirements of a final project specific WQMP. Redesign of
BMPs or additional BMPs may be required. Also, it should be noted that if
401certification is necessary for the project, the Water Quality Control Board may
require additional water quality measures.
127. Final WQMP. A Final WQMP shall be submitted for review and approval by
the City Engineering Department for all ongoing drainage facilities and
maintenance. The Final WQMP shall conform to the latest requirements set forth
by the Regional Water Quality Control Board, order R8-2010-0033.
128. Trash Enclosures. The City of Menifee is a Co-Permittee for discharging
stormwater from its MS4 facilities pursuant to the Santa Ana Regional Water
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Quality Control Board Order No. R8-2010-0033, MS4 NPDES Permit No. CAS
618033. Direct rain water or wastewater runoff from trash enclosure is prohibited.
Trash enclosures in new developments and redevelopment projects shall meet
new storm water quality standards as follows:
a. They shall have a solid impermeable roof with a minimum clearance
height to allow the bin lid to completely open.
b. They shall be constructed of reinforced masonry without wooden gates.
Walls shall be at least 6' high.
c. They shall have a concrete slab floor. The concrete slab shall be graded
to collect any spill within the enclosure.
d. All trash bins in the trash enclosure shall be leak free and shall have a lid
and be continuously closed.
e. The enclosure area shall be protected from receiving direct rainfall or run-
on from collateral surfaces.
Rain water or wastewater runoff from trash enclosure is prohibited. Any standing
liquids must be cleaned up and disposed of properly using a mop and a bucket or
a wet/dry vacuum machine. All non -hazardous liquids without solid trash may be
put in the sanitary sewer, as approved by EMWD.
An alternate floor drain from the interior of the enclosure that discharges to the
sanitary sewer may be constructed after obtaining approval by EMWD. This
option requires the following:
a) The trash enclosure shall be lockable and locked when not in use
with a 2-inch or larger brass resettable combination lock. Only the
employees and staff authorized by the enclosure owner shall have
access to it. This requirement may make this option not applicable
to apartment and commercial complexes with multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of
gasses from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection
nearby with an approved backflow preventer. The spigot shall be
protected and located at the rear of the enclosure to prevent
damage from bins.
Any standing liquids in existing trash enclosures without a floor drain must be
cleaned up and disposed of properly using a mop and a bucket or a wet/dry
vacuum machine. All non -hazardous liquids without solid trash may be put in the
sanitary sewer, in accordance with EMWD criteria.
The use of uncovered trash enclosures is no longer permitted. However it may
be approved by the Engineering Department if the project meets any of the
following exceptions:'
a) An existing trash enclosure that is within an area subject to
Planning Department setback restriction for structures.
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b) No location exists where a proposed trash enclosure can be
constructed without violating Planning, Fire and Building and
Safety Department restrictions.
c) Uncovered trash enclosures shall be graded to drain to adjacent
landscape areas designed to perform as a BMP.
129. BMP Maintenance Agreement. Project owner shall execute and record
BMP Maintenance Agreement upon approval of final WQMP.
130. NPDES/SWPPP Requirement. Prior to issuance of any grading or
construction permits - whichever comes first, the applicant is required to comply
with the State Water Resources Control Board Order Number 2009-0009-DWQ
(NPDES No. CAS000002) for the National Pollutant Discharge Elimination
System Construction General Permit. A Storm Water Pollution Prevention Plan
(SWPPP) shall be submitted to the City Engineering Department for review prior
to be certified by the legal responsible person in the SMARTS system. Once
accepted by the City, the PRDs shall be uploaded to the SMARTS system and a
copy of the WDID letter from the Board shall be submitted to the City. Clearance
for grading shall not be given until the City Engineering Department has
determined that the project applicant has complied with such Order.
Prior to Issuance of Building Permits
GRADING AND DRAINAGE
131. Grading Conditions. The property applicant shall obtain a grading permit
and approval to construct from the City Engineering Department. The applicant's
civil engineer shall provide the standard City of Menifee rough grade certification
form prior to issuance of building permit for each building. The applicant's
geotechnical engineer shall submit compaction reports with 90% or better prior to
building permit issuance.
132. Conform to Elevations/Geotechnical Compaction. Rough Grade
Elevations of all building pads and structure pads submitted for grading plan
check approval shall be in substantial conformance with the elevations shown on
the approved Grading Plans. The appropriate Engineer -of -Record Rough Grade
Certification shall be submitted for verification/acceptance to the City Engineering
Department. The appropriate Engineer -of -Record Compaction Testing
Certification meeting compliance with the approved project geotechnical/soils
report shall be submitted for verification/acceptance to the City Engineering
Department.
133. Signing and Striping Plan. A signing and striping plan conforming to all
requirements, conditions, and provisions of the CAMUTCD is required for this
project. The applicant shall be responsible for any additional paving required to
implement the striping plan. Traffic signing and striping shall be performed by
City forces with all incurred costs borne by the applicant, unless otherwise
approved by the City Engineer.
134. Street Light Plan. A separate street light plan is required for this project.
Street lighting shall be designed in accordance with Street Light Specification
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Chart found in Specification Section 22 of Ordinance 461. For projects within
SCE boundaries use County of Riverside Ordinance 461, Standard No's 1000 or
1001.
135. Financing Mechanism. The applicant/developer or any successor in
interest, shall participate in the establishment and funding of a public/private
infrastructure financing mechanism including, but not limited to, a Community
Facilities District, Infrastructure Financing District, payment of DIF, private loans
or grants or other public and/or private funding mechanism(s). Evidence of
financing the developer's share of the ultimate improvements shall be
demonstrated to the satisfaction of the City Manager prior to issuance of a
building permit.
136. Ordinances No. 461. With respect to the conditions for tentative exhibits,
the applicants shall provide all street improvements, street improvement plans
and/or road dedications set forth herein in accordance with Riverside County
Road Improvement Standards (Ordinance 461). It is understood that the exhibit
correctly shows acceptable centerline elevations, all existing easements, traveled
ways, and drainage courses with appropriate Q's. These Ordinances and all
conditions of approval are essential parts and a requirement occurring in one is
as binding as though occurring in all. All questions regarding the true meaning of
the conditions shall be referred to the City Engineering Department.
NPDES AND WQMP
137. Improvement Plans. A copy of the BMP improvement plans along with any
necessary documentation shall be submitted to the City for review. A copy of the
improvement plan and grading plan shall be included for reference. The plans
must receive the City's approval prior to issuance of permits.
138. WQMP. A copy of the project specific WQMP shall be submitted to the City
for review and approval.
Prior to Certificate of Occupancv
CIRCULATION AND DEDICATIONS
139. Public Improvements. All required public improvements shall be completed
to the satisfaction of the City Engineer.
140. Landscape and Lighting Maintenance District (L&LMD)**. 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).
** If the County of Riverside
then the applicant shall an
propose an alternate mecl
Engineer.
does not accept further annexations into its L&LMD,
iex into an existing or proposed Citywide CFD or
anism for maintenance, as approved by the City
Page 34 of 47
141. 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.
142. Completion of L&LMD Annexation**. Prior to issuance of an occupancy
permit, the applicant shall complete annexation to Lighting Maintenance District
No. 89-1-Consolidated for maintenance of traffic signals, street lights, common
landscape and BMP's within public road rights -of -way.
** If the County of Riverside does not accept further annexations into its L&LMD,
then the applicant shall annex into an existing or proposed Citywide CFD or
propose an alternate mechanism for maintenance, as approved by the City
Engineer.
143. Fees. Applicant shall pay fees as applicable into the regional transportation
funding Transportation Uniform Mitigation Fee (TUMF), the Traffic Signal
Mitigation Fees, the Development Impact Fees (DIF), and any applicable Road
and Bridge Benefit District (RBBD) Fee.
GRADING AND DRAINAGE
144. Conform to Elevations. Final Grade Elevations of all building finish floors
and structure finish floors submitted for grading plan check approval shall be in
substantial conformance with the elevations shown on the approved Grading
Plans. The appropriate Engineer -of -Record Final Grade Certification shall be
submitted for verification/ acceptance to the City Engineering Department.
145. Final Grade Certification. The applicant's civil engineer shall provide the
standard City of Menifee final grade certification form prior to certificate of
occupancy of each building.
146. Plant and Irrigated Slopes. Plant and irrigate all slopes greater than or
equal to 3' in. vertical height with grass or ground cover. Slopes that exceed 15'
in vertical height are to be provided with shrubs and/or trees per County
Ordinance 457. Drip irrigation shall be used for all irrigated slopes.
147. BMP Education. The developer shall distribute environmental awareness
education materials on general good housekeeping practices that contribute
to protection of stormwater quality to all initial users. The developer may obtain
NPDES Public Educational Program materials from the District's NPDES Section
by either the District's website: www.floodcontrol.co.riverside.ca.us, e-mail
fcnpdes@co.riverside. ca. us, or the toll free number 1-800-506-2555. Please
provide Project number, number of units and location of development. Note that
there is a five-day minimum processing period requested for all orders.
The developer must provide to the City a notarized affidavit stating that the
distribution of educational materials to the tenants is assured prior to the
issuance of occupancy permits.
148. BMPs Installed. All structural BMPs described in the project -specific WQMP
shall be constructed and installed in conformance with approved plans and
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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.
149. BMP Maintenance. The BMP maintenance plan shall contain provisions for
all treatment controlled BMP's to be inspected, and if required, cleaned no later
than October 15th each year. Required documentation shall identify the entity
that will inspect and maintain all structural BMP's within the project
boundaries. A copy of all necessary documentation shall be submitted to the
City for review and approval prior to the issuance of occupancy permits.
Page 36 of 47
Section IV:
Riverside County Fire Department
Conditions of Approval
Page 37 of 47
General Conditions
151. West Fire Protection Planning Office Responsibility. It is the responsibility
of the recipient of these Fire Department conditions to forward them to all
interested parties. The permit number (13-MENI-PP-244) is required on all
correspondence.
Additional information is available at our website: www.rvcfire.orq or go to the link
marked "Ordinance 787".
Questions should be directed to the Riverside County Fire Department, Fire
Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501.
Phone: (951) 955-4777, Fax: (951) 955-4886
152. City Case Statement. With respect to the conditions of approval for the
referenced project, the Fire Department recommends the following fire protection
measures be provided in accordance with Riverside County Ordinance and/or
recognize fire protection standards.
153. High Storage. A separate permit may be required for high -pile storage and/or
racks. Sprinkler Plans and/or sprinkler review must be submitted by a licensed
sprinkler contractor with storage and/or rack plans to Riverside County Fire
Department for review and approval of the 2010 CFC Chapter 23 compliance.
Complete information re: all commodities stored, rack dimensions, placement in
building, sprinkler densities, etc. must be provided with suppression system for
racks and/or high -pile storage review. A complete listing of commodities,
Classified using CFC Chapter 23 of the 2010 Edition and NFPA 13, 2010 Edition
guidelines by a licensed Fire Protection Engineer (or other consultant approved
by this jurisdiction). (Current plan check deposit base fee is $348.00)
154. Blue Dot Reflectors. Blue retro reflective pavement markers shall be mounted
on private streets, public streets and driveways to indicate location of fire
hydrants. Prior to installation, placement of markers must be approved by the
Riverside County Fire Department.
155. Minimum Required Fire Flow. Minimum required fire flow shall be 1,500
GPM for a two (2) hour duration at 20 PSI residual operating pressure, which
must be available before any combustible material is placed on the job site.
156. Super Fire Hydrants. Super fire hydrant(s) (6"x4"x 2-2-1/2"), shall be located
not less than 25 feet or more than 250 feet from any portion of the building as
measured along approved vehicular travel ways.
Prior to Issuance of Building Permit
157. Plan Check. Building Plan check deposit base fee of $1,056.00 shall be paid in
a check or money order to the Riverside County Fire Department after plans
have been approved by our office.
158. Water Plans. The applicants or developer shall separately submit two copies
of the water system plans to the Fire Department for review and approval.
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Calculated velocities shall not exceed 100 feet per second. Plans shall conform
to the fire hydrant types, location and spacing. The system shall meet the fire
flow requirements. Plans shall be signed and approved by a registered civil
engineer and the local water company with the following certification: "I certify
that the design of the water system is in accordance with the requirements
prescribed by the Riverside County Fire Department."
Prior to Final Inspection
159. Fire Lanes. The permitee shall prepare and submit to the Fire Department for
approval, a site plan designating required fire lanes with appropriate lane painting
and/or signs.
160. Sprinkler System. Install a complete fire sprinkler system per NFPA 13 2010
edition in all buildings requiring a fire flow of 1500 GPM or greater sprinkler
system (s). All fire sprinkler risers shall be protected from any physical damage.
The post indicator valve and fire department connection shall be located to the
front, within 50 feet of a hydrant, and the minimum of 25 feet from the building
(s). A statement that the building (s) will be automatically fire sprinkled must be
included on the title page of the building plans. (Current sprinkler plan check
deposit base fee is $614.00 per riser) applicant or developer shall be responsible
to install a U.L. Central Station Monitored Fire Alarm System. Monitoring System
shall monitor the fire Sprinkler system (s) water flow, P.I.Ws and all control
valves. Plans must be submitted to the Fire Department for approval prior to
installation. Contact Fire Department for guideline handout (current monitoring
plan check deposit base fee is $192.00)
161. Fire Extinguishers. Install portable fire extinguishers with a minimum rating of
2A-10BC and signage. Fire Extinguishers located in public areas shall be in
recessed cabinets mounted 48" (Inches) to center above the floor level with
maximum 4" projection from the wall. Contact Fire Department for proper
placement of equipment prior to installation.
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Section V:
Riverside County Environmental
Health Conditions of Approval
Page 40 of 47
General Conditions
162. General Comments. This project is proposing Eastern Municipal Water
District (EMWD) water and sewer service. Per Memorandum of Understanding
between the County of Riverside and EMWD, no "will -serve" letters are required
for projects located within their service area. It is the responsibility of the
permitee to ensure that all requirements to obtain potable water and sanitary
sewer service are met with EMWD, as well as, all other applicable agencies.
As the agency providing sewer service, EMWD shall also have the responsibility
to implement any grease interceptor or oil/water separator tank requirements,
including sizing capacity and minimum structural specification, if necessary. All
existing septic systems and/or wells, if any, shall be properly removed or
abandoned under permit with the Department of Environmental Health.
163. Noise Standards. Facility -related noise, as projected to any portion of any
surrounding property containing a "sensitive receiver, habitable dwelling,
hospital, school, library or nursing home:, must not exceed the following worst -
case noise levels 45 dB(A) — 10-minute noise equivalent level ("leq"), beween the
hours of 10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB(A) — 10-minute
leq, between 7:00 a.m. and 10:00 p.m. (daytime standard).
164. Construction Hours. Whenever a construction site is within one -quarter (1/4)
of a mile of an occupied residence or residence, no construction activities shall
be undertaken between the hours of 6:00 p.m. and 6:00 a.m. during the months
of June through September and between the hours of 6:00 p.m. and 7:00 a.m.
during the months of October through May. Exceptions to these standards shall
be allowed only with the written consent of the building official.
165. Construction Mufflers. All construction vehicles, equipment fixed or mobile
shall be equipped with properly operating and maintained mufflers.
166. Construction Areas. During construction, best efforts should be made to
locate stockpiling and/or stationary noise -generating construction equipment from
the property line of existing sensitive receptors, when and where feasible.
167. Maintenance of Equipment. Equipment must be maintained so that parts of
vehicles and their loads are secured from rattling and bangin.
168. Delivery and Compactor Hours. Truck deliveries and trash compactor
activities are to be limited to daytime hours (7:00 a.m. to 10:00 p.m.). It is
recommended that all pneumatic tools be equipped with silencers and always
properly tunes.
169. Truck and Equipment Idling. Reduce delivery truck noise by minimizing
engine idling time during deliveries. Idling equipment shall be turned off when
not in use.
170. Hours of Operation. The operation of America's Tire store must operate
between the daytime hours of 7:00 a.m. and 10:00 p.m.
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171. No Outdoor Repair of Vehicles. The repair of vehicles should occur within
the garage bay itself and no repairs should occur outside the building area.
Prior to Building Final/Occupancy Conditions
172. Business Emergency Plan. The facility will require a business emergency
plan for the storage of hazardous materials greater than 55 gallons, 200 cubic
feet or 500 pounds, or any acutely hazardous materials or extremely hazardous
substances. If further review of the site indicates additional environmental health
issues, the Hazardous Materials Management Division reserves the right to
regulate the business in accordance with applicable County Ordinances. Contact
a Hazardous Materials Specialist, Hazardous Materials Management Division, at
(951) 358-5055 for any additional requirements.
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Section VI:
Riverside County Environmental
Programs Department
Conditions of Approval
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Prior to Grading Permit Conditions
173. Burrowing Owl. Pursuant to Objective 6 and Objective 7 of the Species
Account for the Burrowing Owl included in the Western Riverside County Multiple
Species Habitat Conservation Plan, within 30 days prior to the issuance of a
grading permit, a pre -construction presence/absence survey for the burrowing
owl shall be conducted by a qualified biologist and the results of this
presence/absence survey shall be provided in writing to the Environmental
Programs Department. If it is determined that the project site is occupied by the
Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP
and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present,
relocation outside of the nesting season (March 1 through August 31) by a
qualified biologist shall be required. The County Biologist shall be consulted to
determine appropriate type of relocation (active or passive) and translocation
sites. Occupation of this species on the project site may result in the need to
revise grading plans so that take of "active" nests is avoided or alternatively, a
grading permit may be issued once the species has been actively relocated.
If the grading permit is not obtained within 30 days of the survey a new survey
shall be required.
No ground disturbance, including disking, blading, grubbing or any similar activity
shall occur within the site until the burrowing owl study is reviewed and approved.
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Section VII:
Riverside Countv Flood Control
and Water Conservation District
Conditions of Approval
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Prior to Grading Permit Conditions
174. Encroachment Permit. An encroachment permit shall be obtained for any
construction -related activities occurring within Flood Control District right-of-way
or facilities. For further information, contact the District's encroachment permit
section at (951) 955-1266.
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The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
Signed
Name (please print)
Date
Title (please print)
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