PC14-182Resolution No. PC 14-182
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING PLOT PLAN NO. 2013-210 FOR
INTERNATIONAL AUTO CRAFTERS
Whereas, on October 11, 2013, the applicant, Ryan Brothers, LLC., filed a formal
application with the City of Menifee for a Plot Plan to construct and operate a new
17,007 square foot building for an automotive body shop on a 1.37 acre parcel (APN:
336-380-021) north of Haun Road, south of Salt Creek and west of Instate 215 within
the City of Menifee; and,
Whereas, on October 8, 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. 2013-210, 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 public hearing to
October 22, 2014; and,
Whereas, on October 22, 2014, the Planning Commission held the continued
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. 2013-210; and,
Whereas, on October 22, 2014, the City of Menifee Planning Commission made
the following Findings for Plot Plan No. 2013-210:
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 3 (Industrial Park). 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.
The project is consistent with the following General Plan policies:
CD-3.3 Minimize visual impacts of public and private facilities and support
structures through sensitive site design and construction. This includes, but is not
limited to: appropriate placement of facilities; undergrounding, where possible;
and aesthetic design (e.g., cell tower stealthing).
CD-3.8 Design retention/detention basins to be visually attractive and well
integrated with any associated project and with adjacent land uses.
CD-3.16 Avoid use of long, blank walls in industrial developments by breaking
them up with vertical and horizontal facade articulation achieved through
stamping, colors, materials, modulation, and landscaping.
Resolution No PC 14-182
PP 2013-210
October 22, 2014
CD-3.22 Incorporate visual buffers, including landscaping, equipment and
storage area screening, and roof treatments, on properties abutting either
Interstate 215 or residentially designated property.
CD-4.7 Design new landscaping, structures, equipment, signs, or grading
within the scenic corridors for compatibility with the surrounding scenic setting or
environment.
N-1.1 Assess the compatibility of proposed land uses with the noise
environment when preparing, revising, or reviewing development project
applications.
N-1.2 Require new projects to comply with the noise standards of local,
regional, and state building code regulations, including but not limited to the
City's Municipal Code, Title 24 of the California Code of Regulations, the
California Green Building Code, and subdivision and development codes.
N-1.8 Locate new development in areas where noise levels are appropriate for
the proposed uses. Consider federal, state, and City noise standards and
guidelines as a part of new development review.
Properties to the south, east and
designated for industrial park and
Creek) is designated Recreation
surrounding general plan land uses
west are also within the Specific Plan and
office uses. To the north, the property (Salt
(OS-R). The project is compatible with the
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 an industrial 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 3 (Industrial
Park) as noted above. The Specific Plan refers back to the Industrial Park (I-P)
zoning classification of Ordinance No. 348. The project is consistent with
existing zoning and development standards.
Surrounding zoning includes Watercourse, Watershed and Conservation (W-1) to
the north, Newport Hub Specific Plan, Planning Area 3 (Industrial Park) to the
east and west and Newport Hub Specific Plan Planning Area 2 (Office) to the
south. These zoning classifications are compatible with the Specific Plan,
Planning Area 3 zone of the project site.
Resolution No PC 14-182
PP 2013-210
October 22, 2014
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 of the project site abuts Salt Creek. There is an access
road and fencing that separates the site from the creek. Haun Road bounds the
site on the southern property line and beyond is vacant property currently
proposed as future offices for the Menifee Union School District. To the east of
the site is vacant land and Interstate 215. City Hall is located directly to the west
of the site, with other industrial uses beyond.
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 project and
enhance the area. Environmental impacts resulting from the project have been
analyzed in a Mitigated Negative Declaration (MIND). The MND determined that
potential impacts, including, but not limited to, air quality, greenhouse gas
emissions, water quality, noise and traffic, would all be less than significant. As
such, the project is not anticipated to create conditions materially detrimental to
the public health, safety and general welfare or injurious to or incompatible with
other properties or land uses in the project vicinity.
4. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
A 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:
The Mitigated Negative Declaration for the project is hereby approved and
adopted.
2. The Findings set out above are true and correct.
3. Plot Plan No. 2013-210 is hereby approved subject to the Conditions of Approval
attached as Exhibit "A" to this Resolution.
Resolution No PC 14-182
PP 2013-210
October 22, 2014
PASSED, APPROVED AND ADOPTED this toe 22Id day of October, 2014.
Chairman
Attest:
J nnifer Allen, Deputy Clerk
Approved as to form:
L4
it _ /p
1�
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. PC14-182 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
22nd day of October, 2014 by the following vote:
Ayes:
Liesemeyer, Matelko, Phillips, Sobek
Noes:
Thomas
Absent:
None
Abstain:
None
l nifer Allen, Planning Commission Secretary
EXHIBIT 99
1"
Conditions of Approval for
Plot Plan No. 2013-210
"International Auto Crafters"
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
Page 1 of 43
Section I:
Conditions
olicable to all
Departments
Page 2 of 43
General Conditions
1. Description. Plot Plan No. 2013-210 is for the proposed construction and
operation of a new 16,093 sq. ft. tilt -up building for an auto body repair shop on a
1.37-acre parcel. Access to the project site is proposed off of Haun Road (APN
336-380-021).
2. Indemnification. The permittee 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
permittee'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. 2013-210 (PP 2013-210), 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. 2013-210 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. 2013-210, dated
8/4/14.
APPROVED EXHIBIT G = Grading Plan and Drainage Plan for Plot Plan
No. 2013-210, Sheets 1-8, dated 8/18/14.
APPROVED EXHIBIT B = Elevations for Plot Plan No. 2013-210, dated
8/4/14.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2013-210, dated
8/4/14.
APPROVED EXHIBIT L = Landscaping and Irrigation Plan (Construction
Drawings) for Plot Plan No. 2013-210, Sheets 1-7, dated 9/15/14.
APPROVED EXHIBIT M = Color, Material Board and Lighting Sample for
Plot Plan No. 2013-210, dated 8/4/14.
APPROVED EXHIBIT S = Sign Program for Plot Plan No. 2013-210, dated
8/4/14.
4. 90 Days. The permittee 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
Page 3 of 43
other exactions imposed on this project as a result of this approval or conditional
approval of this project.
5. City of Menifee. The City of Menifee is a new City, incorporated on October 1,
2008; the City is studying and adopting its own ordinances, regulations,
procedures, processing and development impact fee structure. In the future the
City of Menifee will identify and put in place various processing fees to cover the
reasonable cost of the services provided. The City also will identify and fund
mitigation measure under CEQA through development impact fees. Such fees
may include but are not limited to processing fees for the costs of providing
planning services when development entitlement applications are submitted,
which fees are designed to cover the full cost of such services, and development
impact fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing districts to
cover the costs of maintenance of improvements constructed by development,
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 permittee 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 43
Section II:
Planning Conditions of Approval
Page 5 of 43
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, M and S 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.
Parking was determined based on the following:
,wi sa_tL- -maji pares/VtiU
ales/storage/office square feet of 21
area) floor area 66
15 service bays 3 spaces /service hav 45
A minimum of sixty-six (66) parking spaces (including the fifteen [15] service bays)
shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise
approved by the Community Development Department and/or Planning
Commission. 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 three (3) 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 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 seventy (70) square inches in area and shall be centered at the interior end
of the parking space at a minimum height of eighty (80) inches from the bottom of
the sign to the parking space finished grade, or centered at a minimum height of
thirty-six (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 -
Page 6 of 43
street parking facility, not less than seventeen (17) inches by twenty-two (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 three (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.
13. Signs
The following signs have been approved:
a) Two (2) 4'x4' Logos with "International Auto Crafters" in 18" lettering as
shown on Approved Exhibit S.
i. The type of lettering will be required to be channel lettering,
illumination allowed but not required, or other lettering approved
y the Community Development Director.
b) One (1) 13' wide x 6' tall monument sign, with stone pilasters on ends,
stucco base and face, "International Auto Crafters" in channel letters
(or other material approved by the Community Development Director)
on face and logo. Note: the exhibit is not clear on the material to be
used on the main face of the sign. Cabinet signs are not allowed
(except for logos) and the main face of the sign must be stucco or other
material as approved by the Community Development Director.
Any additional signs or substantial modifications to the signage will need to be
reviewed and approved under a revision to the sign program by the Planning
Commission per the Specific Plan.
14. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not
including on -site advertising or directional signs) shall be constructed or
maintained within the property subject to this approval.
15. Reclaimed Water. The permittee 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 43
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.
the following day, and 65 db(A), 10-minute Leq, at all other times as measured at
any residential, hospital, school, library, nursing home or other similar noise
sensitive land use. In the event noise exceeds this standard, the permittee or the
permittee's successor -in -interest shall take the necessary steps to remedy the
situation, which may include discontinued operation of the facilities.
18. Noise Monitoring Reports. The permittee may be required to submit periodic
noise monitoring reports as determined by the Department of Building and Safety
as part of a code enforcement action. Upon written notice from the Department of
Building and Safety requiring such a report, the permittee or the permittee's
successor -in -interest shall prepare and submit an approved report within thirty (30)
calendar days to the Department of Building and Safety, unless more time is
allowed through written agreement by the Department of Building and Safety. The
noise monitoring report shall be approved by the Office of Industrial Hygiene of the
Health Service Agency (the permittee or the permittee's successor -in -interest shall
be required to place on deposit sufficient funds to cover the costs of this approval
prior to commencing the required report).
19. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No
storage lockers, sheds, metal container bins, tire racks, used or discarded
automotive tires parts or equipment, permanently disabled junked or wrecked
vehicles, or metal shipping containers will be allowed to be stored outside the
building unless first reviewed and approved by the Community Development
Department.
20. Limitations on Vehicle Parking. The parking area shall be used for employee
and customer parking only and not for long-term (defined as more than twenty-four
(24) hour) storage of vehicles. Additionally, no vehicle to be serviced or repaired
shall be parked or stored on any adjacent street or property. Overnight parking is
discouraged and the applicant should make all attempts to park vehicles inside the
building as possible or within the rear parking area.
21. Repair Activities. All initial review and repair activities and operations shall be
conducted entirely within the enclosed building. Outdoor hoists are prohibited.
22. Hours of Construction. Construction activities shall be restricted to the hours of
7:00 a.m. to 7:00 p.m. Monday through Saturday and are prohibited on Sundays
and federal holidays.
23. 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.
Page 8 of 43
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 afterwork
is done for the day. Implementation of this measure is estimated to reduce
PM10 and PM2.5 fugitive dust emissions by approximately 61 %.
The contractor shall ensure that traffic speeds on unpaved roads and project
site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5
fugitive dust haul road emissions by approximately 44%.
24. 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.
25. SCAQMD Rules Related to Spray Booths. The project applicant will adhere to
the VOC limitations and concentrations pursuant to SCAQMD Rule 1151 and
3008. If the proposed project's operational VOC emissions exceed 20 tons per
year, the project applicant will be required to implement further controls of VOC
emissions as laid out in SCAQMD Rule 1132. The project applicant will also adhere
to the recordkeeping and reporting requirements set out in SCAQMD Rule 3008.
26. AS 341. AB 341 focuses on increased commercial waste recycling as a method
to-reduce-greenhouse�gas_(GHG)-emissions The-r€gelation-r-eq- uir-es-businesses
and organizations that generate four or more cubic yards of waste per week and
multifamily units of 5 or more, to recycle. A business shall take at least one of the
following actions in order to reuse, recycle, compost, or otherwise divert
commercial solid waste from disposal:
a. Source separate recyclable and/or compostable material from solid waste
and donate or self -haul the material to recycling facilities.
b. Subscribe to a recycling service with their waste hauler.
c. Provide recycling service to their tenants (if commercial or multi -family
complex).
d. Demonstrate compliance with the requirements of California Code of
Regulations Title 14.
For more information please visit:
www.rivcowm.org/opencros/recyclying/recycling and compost business.html#m
andatory
27. Comply with Geologic Report. County Geologic Report (GEO) No. 2383,
submitted for this City of Menifee project, (International Auto Crafters, Inc., PP
2013-210) was prepared by Leighton Conulting, Inc. and is entitled "Geotechnical
Exploration Report Proposed International Auto Crafters new building, 29737 New
Hub Drive, Menifee, California," dated July 16, 2014. In additiona, Leighton
prepared "response to Review Comments — County Geologic Report No. 02383,
Propposed International Auto Crafters New building, 29737 New Hub Drive,
Menifee, California", dated August 26, 2014. This document is herein incorporated
as part of GEO02383.
Page 9 of 43
GEO02383 recommended:
a. Remedial grading/ground improvement should consist of removing and
recompacting the upper 12- to 15-feet beneath the building footprint.
b. The horizontal limit of proposed removal should be established by a 1:1
(horizontal: vertical) Projection from the bottom edge of footings
downward and outward.
c. If the above remedial grading is performed, then the building should be
designed in anticipation of 1-inch of total static settlement and 0.5-inch of
static differential settlement within a 30 foot horizontal distance.
ARCHEOLOGY
28. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin. Further,
pursuant to Public Resource Code Section 5097.98(b) remains shall be left in
place and free from disturbance until a final decision as to the treatment and
disposition has been made. If the Riverside County Coroner determines the
remains to be Native American, the Native American Heritage Commission shall
be contacted within the period specified by law (24 hours). Subsequently, the
Native American Heritage Commission shall identify the "most likely descendant."
The most likely descendant shall then make recommendations and engage in
consultation concerning the treatment of the remains as provided in Public
Resources Code Section 5097.98. Human remains from other ethnic/cultural
groups with recognized historical associations to the project area shall also be
subject to consultation between appropriate representatives from that group and
the Community Development Director.
29. 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
Page 10 of 43
entered into with the appropriate tribes. This may include avoidance of the
cultural resources through project design, in -place preservation of cultural
resources located in native soils and/or re -burial on the Project property so
they are not subject to further disturbance in perpetuity.
v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred
method of preservation for archaeological resources and cultural resources. If
the landowner and the Tribe(s) cannot agree on the significance or the
mitigation for the archaeological or cultural resources, these issues will be
presented to the City Community Development Director for decision. The City
Community Development Director shall make the determination based on the
provisions of the California Environmental Quality Act with respect to
archaeological resources, recommendations of the project archeologist and
shall take into account the cultural and religious principles and practices of the
Tribe. Notwithstanding any other rights available under the law, the decision of
the City Community Development Director shall be appealable to the City
Planning Commission and/or City Council."
LANDSCAPING
30. 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).
31. 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 building permit landscaping install and
inspection condition.
32. 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.
33. 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
34. 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.
Page 11 of 43
Prior to Issuance of Gradina Permit
35. 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 grading permit for review and approval. The
Community Development Director may require inspection or other monitoring to
ensure such compliance.
36. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management District
(SCAQMD) Rule 403. The permittee 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 sweepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a 10 percent surface
soil moisture content throughout all earth moving activities. All unpaved
demolition and construction areas shall be wetted at least twice daily during
excavation and construction, and temporary dust covers shall be used to
reduce dust emissions and meet SCAQMD District Rule 403. Wetting could
reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least three
times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible dirt
deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered
at least twice daily;
g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
Page 12 of 43
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
I. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent
excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate means
to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
r. All materials transported off -site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction site
that identifies the permitted construction hours and provides a telephone
number to call and receive information about the construction project or to
report complaints regarding excessive fugitive dust generation. Any
reasonable complaints shall be rectified within 24 hours of their receipt.
ARCHEOLOGY
37. 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
Page 13 of 43
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.
38. 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 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. 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.
40. Native American Monitoring - Soboba Specific Requirements:
Based on consultation with the Soboba Band of Luiseno Indians, monitors from
Soboba will only be required for monitoring grading of property within 100 feet of
the northern property line.
Page 14 of 43
41. Native American Monitoring - Pechanga Specific Requirements:
Prior to any grading on the northern half of the project, the Developer or
appropriate representative shall meet and confer with the Pechanga Tribe and the
Project archaeologist to discuss the need to develop a controlled grading
plan. The purpose of the controlled grading on the north is to afford the opportunity
to determine whether any subsurface resources, including human remains, could
be identified near the creek and if so, to determine appropriate mitigation as
determined in the provisions outlined in the Cultural Resources Treatment and
Monitoring Agreement. All controlled grading shall be monitored according to the
provisions of the Agreement. If it is determined by the Developer or appropriate
representative, the Pechanga Tribe and the Project archaeologist at the meeting
that controlled grading is not necessary at that time, all parties involved understand
that the process of controlled grading still remains a viable option should important
cultural resources be identified during grading and/or trenching activities.
42. 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)
PALEONTOLOGY
43. 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 permittee 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.
Page 15 of 43
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.
recovered fossil remains will be prepared to the point of identification and
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.
Page 16 of 43
FEES
44. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the
permittee 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
1.37 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.
45. Fees. Prior to the issuance of grading permits for PP 2013-210, 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.
46. 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.
47. Submit Building Plans. Prior to the issuance of a building permit, the permittee
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.
Page 17 of 43
6. Separate plan submittal will be required to Riverside County Fire along with
a formal transmittal issued by Building and Safety.
48. 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.
49. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
50. Lighting. The building plans shall show the location and types of light fixtures that
will be within the project site and on the building. Lighting fixtures shall be
decorative. Shoe box type lighting will not be allowed. The types of lighting fixtures
used shall be subject to Community Development Department approval. The
location of lighting shown on the building is for conceptual purposes only and may
be relocated during the building plan check.
Parking lot lights shall be consistent with the sample provided and described as
Exhibit M. 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.
51. Roof -Mounted Equipment Plans. All roof mounted equipment shall be scr_eened
The building plans shall be consistent with APPROVED EXHIBIT B regarding
materials and methods for screening. Planning staff will verify that all roof -
mounted equipment has been screened in compliance with the approved plans
prior to final occupancy.
52. 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.
53. 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
Page 18 of 43
recycling of C&D recyclable materials and solid waste disposal must be kept.
Arrangements can be made through the franchise hauler.
LANDSCAPING
54. Performance Securities. Performance securities, in amounts to be determined
by the Director of Community Development to guarantee the installation of
plantings, irrigation system, walls and/or fences, in accordance with the approved
plan, shall be filed with the Department of Community Development. Securities
may require review by City Attorney and other staff. Permit holder is encouraged
to allow adequate time to ensure that securities are in place. The performance
security may be released one year after structural final, inspection report, and the
One -Year Post Establishment report confirms that the planting and irrigation
components have been adequately installed and maintained. A cash security shall
be required when the estimated cost is $2,500.00 or less.
55. Landscape and Irrigation Plans. Prior to building permit issuance the developer
shall submit revised landscaping and irrigation plans and cost estimate to the
Community Development Department that include the following changes;
1. Revise bonding cost estimate to reflect required one-year maintenance
period, not 90-day maintenance as shown.
2. In accordance with previous plan review comments, the trees at the rear
of the property (currently U. parvifolia 'True Green') shall be evergreen
year-round to provide an effective vegetative screen. The Elm species
shown on the plan is not reliably evergreen year-round. The landscape
architect should substitute a dense, evergreen tree for the rear lot to
provide year-round screening.
3. To facilitate possible future maintenance of the off site area by the CFD,
the off site/ROW shall be separated from the on site landscaped area by a
concrete header along the right-of-way. The concrete header shall be 6" x
6" with #3 rebar (centered) reinforcement. In addition, the off site area shall
be irrigated with a separate irrigation control valve.
The permittee shall submit three (3) sets of the 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, and a cost estimate for the landscaping, irrigation and one -
years maintenance.
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
Page 19 of 43
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 Engineering Department only. Slope Landscaping plans for slopes
exceeding three (3) feet in height shall be submitted to the Engineering
Department.
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 fifteen (15) years growth
shading the parking spaces only. Please use AutoCAD to calculate the shade in
the parking area for the working drawings.
The location, number, genus, species, and container size of plants shall be shown.
Plans shall meet all applicable requirements of Menifee Municipal Code Chapter
15.04 (as adopted and any amendments thereto), the Riverside County Guide to
California Friendly Landscaping, Eastern Municipal Water District requirements
and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as
specified herein. The irrigation plan shall include a smart controller capable of
adjusting watering schedule based on weather data. In addition, the plan will
incorporate the use of in -line check valves, or sprinkler heads containing check
valves to prohibit low head drainage.
Curb and Walkway on End Stall Planters. A six (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.
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 is estimated to be $3,500.
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 permittee.
Page 20 of 43
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. Paleontological Monitoring Report. Prior to final inspection, the permittee 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.
61. 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.
62. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on APPROVED EXHIBIT B.
nuur rviuumeu cquipment. rrior io Tinai occupancy, uommunity uevelopment
staff will verify that all roof -mounted equipment has been screened in compliance
with the approved plans.
64. 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.
The applicant is also required to provide evidence (i.e., receipts or other type of
verification) to demonstrate project compliance with the approved WRP to the
Planning Division of the Riverside County Waste Management Department in
order to clear the project for occupancy permits. Receipts must clearly identify the
amount of waste disposed and Construction and Demolition (C&D) materials
recycled.
65. 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.
66.Trash Enclosures. One (1) trash enclosure which is 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
Page 21 of 43
architecturally enhanced and made with masonry block (including masonry cap)
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.
67. Lighting. Exterior lighting shall be consistent with the approved building plans.
68. 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.
69. Final Planning Inspection. The permittee 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 permittee 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
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.
LANDSCAPING
71. Soil Management Plan
The permittee 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?"
Page 22 of 43
72. Landscape/Irrigation Install inspection
The permittee 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.
73. 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
weeds, disease or pests. The irrigation system shall be properly constructed and
determined to be in good working order.
74. Final Landscape Approval
The final landscape approval
and approval of the Citv's Lan
following installation shall be subject to the review
Iscape 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
75. Ordinance No. 659 Fee (DIF). Prior to the issuance of either a certificate of
occupancy or prior to building permit final inspection, the permittee 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.
76.Open Space Fee (MSHCP). 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 permittee shall comply with the provisions of Riverside County Ordinance
Page 23 of 43
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.
77. 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 permittee.
Page 24 of 43
Section III: Engineering &Public
Works Department
Conditions of Approval
Page 25 of 43
The following are the Public Works Engineering Department Conditions of Approval for
this project which shall be satisfied at no cost to the City or any other Government Agency.
All questions regarding the intent of the following conditions shall be referred to the Public
Works Engineering Department, Land Development Section. The developer/property
owner shall use the standards and design criteria stated in the following conditions, and
shall comply with all applicable City of Menifee standards and ordinances. Should a
conflict arise between City of Menifee standards and design criteria, and any other
standards and design criteria, those of the City of Menifee shall prevail:
A. GENERAL CONDITIONS:
78. Subdivision Map Act - The developer/property owner shall comply with the State
of California Subdivision Map Act.
79. Mylars Required. All improvement plans and grading plans shall be drawn on
twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil
engineer or other registered/licensed professional as required.
80. Plan Check Submittals - Appropriate plan check submittal forms shall be
completed and required plan copies, necessary documents, references, fees,
deposits, etc. shall be submitted as outlined in the City approved submittal forms.
All submittals shall be date stamped by the engineer. 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 all final approved grading and improvement plans shall be
provided to the City. ACAD files 2004 or later are required for all final maps upon
81. Construction Times of Operation. The developer/property owner shall monitor,
supervise, and control all construction and construction related activities to prevent
them from causing a public nuisance including, but not limited to, strict adherence
to the following:
(a) 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.
(b) Removal of spoils, debris, or other construction materials deposited on any
public street no later than the end of each working day.
(c) The construction site shall accommodate the parking of all motor vehicles used
by persons working at or providing deliveries to the site. Violation of any
condition or restriction or prohibition set forth in these conditions shall subject
the owner, applicant to remedies as set forth in the City Municipal Code. In
addition, the Public Works Director or the Building Official may suspend all
construction related activities for violation of any condition, restriction or
prohibition set forth in these conditions until such a time it has been determined
that all operations and activities are in conformance with these conditions.
(d) A Pre -Construction meeting is mandatory with the City's Public Works Senior
Inspector prior to start of any construction activities for this site.
82. Bond Agreements and Improvement Security — The developer/property owner
shall post bonds or security in forms acceptable to the City, guaranteeing the
Page 26 of 43
construction of all required grading and improvements in accordance with
applicable City policies and ordinances, and as determined by the Public Works
Director/City Engineer. The grading and improvements shall include, but not
limited to: onsite/offsite grading, street improvements, street lights, traffic signals,
signing and striping, water quality BMPs, and storm drainage facilities.
83. As -Built Plans — The developer/property owner shall cause the civil engineer of
record to submit project base line of work for all layers in Auto CAD DXF format on
Compact Disc (CD) to the Public Works Department. If the required files are
unavailable, the developer/property owner shall pay a scanning fee to cover the
cost of scanning the as -built plans. The timing for submitting the as -built plans shall
be as determined by the Public Works Director/City Engineer.
B. GRADING AND DRAINAGE
All grading shall conform to the latest adopted edition of the California Building Code,
the Riverside County Ordinance 457, applicable City design standards and
specifications, City ordinances, policies, rules and regulations governing grading in the
City.
84. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works
Engineering Department.
85. Slope Landscaping and Irrigation — All slopes greater than or equal to 3 feet in
vertical height shall be irrigated and landscaped with grass or ground cover. Slopes
and/or trees per Riverside County Ordinance 457. Drip irrigation shall be used for
all irrigated slopes.
86. Slope Erosion Control Plan - Erosion control and/or landscape plans are
required for manufactured slopes greater than 3 feet in vertical height. The plans
shall be prepared and signed by a registered landscape architect, and bonded per
the Riverside County Ordinance 457.
87. Erosion Control Plans — All grading plans shall require approved erosion control
plans. Graded but undeveloped land shall provide, in addition to erosion control
planting, drainage facilities deemed necessary to control or prevent erosion.
Erosion and sediment control Best Management Practices (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
a rain event, or before an anticipated rain event.
88. Dust Control - During the actual grading, all necessary measures to control dust
shall be implemented by the developer/property owner in accordance with Air
Quality Management District (AQMD) requirements. A watering device shall be
present and in use at the project site during all grading operations.
89. Design Grade 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%. Five percent grade is the maximum slope for any
parking area.
Page 27 of 43
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 receiving underground drainage system, or should
outlet with acceptable velocity reducers into BMP devises.
c. Slopes - All manufactured slopes exceeding 3 feet 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%.
Non-compliance with any of the above criteria may require a redesign of the
project. Significant redesigns may require a revised Plot Plan.
90, Drainage Grade - Minimum drainage design grade shall be 1 % except on Portland
cement concrete surfaces where 0.5% shall be the minimum. The engineer of
record must submit a variance request for design grades less than 1% with a
justification for a lesser grade.
91. Use of Maximum and Minimum Grade Criteria —Actual field construction grades
shall not exceed the minimum and maximum grades for ADA and approved 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,
and will need to be removed and replaced at developer's or owner's expense.
92. Drainage Facilities and Terracinq - Provide d
facilities and terracing in
93. Site Drainage - Positive drainage of the site shall be provided, and water shall not
be allowed to pond behind or flow over cut and fill slopes. Where water is collected
and discharged in a common area, protection of the native soils shall be provided
by planting erosion resistant vegetation, as the native soils are susceptible to
erosion by running water. All cut and fill slopes shall have a maximum 2:1 grade,
2 horizontal to 1 vertical. Final determination of the foundation characteristics of
soils within on -site development areas shall be performed by a licensed
geotechnical engineer.
94. 100 Year Drainage Facilities - All drainage facilities shall be designed to
accommodate 100 year storm flows as approved by the City of Menifee.
95. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff
from open areas with potential for large floatable debris.
PRIOR TO GRADING PERMIT ISSUANCE; The following conditions must be satisfied:
96. Grading Permit for Clearing and Grubbing - Ordinance 457 requires a grading
permit prior to clearing, grubbing, or any top soil disturbances related to
construction grading activities.
97. Compliance with NPDES General Construction Permit — The
developer/property owner shall comply with the National Pollutant Discharge
Elimination System (NPDES) General Construction Permit (GCP) from the
SWRCB.
Prior to approval of the grading plans or issuance of any grading permit, the
developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a
Page 28 of 43
Notice of Intent (NO]) and monitoring plan, shall be submitted to the City; and the
WDID number issued by the SWRCB shall be reflected on all grading plans. For
additional information on how to obtain a GCP, contact the SWRCB.
98. SWPPP - Prior to approval of a grading plan, the developer/property owner shall
comply with the Federal Clean Water Act and prepare a Storm Water Pollution
Prevention Plan (SWPPP) for the development. A copy of the SWPPP shall be
made available at the construction site at all times during construction.
99. Geotechnical and Soils Reports Requirement— Prior to issuance of any grading
permit, geotechnical/soils reports shall be submitted to the Public Works
Engineering Department for review and approval. The geotechnical/soils,
compaction and inspection reports will be reviewed in conformance with the latest
edition of the Riverside County Technical Guidelines for Review of Geotechnical
and Geologic Reports. A pre -grading meeting, certifications, approvals and
inspection procedures will be implemented in accordance with City Building and
Safety Grading Inspection process. All grading shall be done in conformance with
the recommendations of the City approved geotechnical/soils reports, and under
the general direction of a licensed geotechnical engineer.
100. Grading Bonds — Prior to issuance of a grading permit for any grading in excess
of 50 cubic yards, the developer/project owner shall post adequate performance
security with the Public Works Engineering Department.
101. Import/Export — Prior
import or export of dirt
the Public Works Engil
to issuance of a grading permit, grading plans involving
shall require approval of the import/export locations from
eering Department. Additionally, if either location was not
an Environmental Site Assessment. a
Environmental Site Assessment shall be submitted for review and approval by the
Public Works Engineering Department prior to issuance of any grading permit. A
haul route must be submitted for approval by the Engineering department prior to
grading operations.
102. Offsite Grading Easements - Prior to the issuance of a grading permit, the
developer/property owner shall be responsible for obtaining all required
easements and/or permissions necessary to perform offsite grading, from affected
land owners. A notarized and recorded agreement or documents shall be
submitted to the Public Works Engineering Department.
103. Perpetual Drainage Patterns - Grading shall be designed in a manner that
perpetuates the existing natural drainage patterns with respect to tributary
drainage areas, outlet points and outlet conditions; otherwise, a drainage
easement shall be obtained from all affected property owners for the release onto
their properties of concentrated or diverted storm flows.
Prior to issuance of a grading permit, a copy of the recorded drainage easements
from all affected property owners shall be submitted to the Public Works
Engineering Department.
104. Flood Control Encroachment Permit — This project proposes to connect to a
storm drain facility owned and maintained by Riverside County Flood Control and
Water Conservation District. An encroachment permit and/or a clearance letter
from the District shall be obtained prior to issuance of a grading permit.
PRIOR TO BUILDING PERMIT ISSUANCE: The following conditions must be satisfied:
Page 29 of 43
105. No Building Permit without Grading Permit - Prior to issuance of any building
permit, the developer/property owner shall obtain a grading permit and/or approval
to construct from the Public Works Engineering Department.
106. Final Rough Grading Conditions — Prior to issuance of each building permit, the
developer/property owner shall cause the Civil Engineer of Record and Soils
Engineer of Record for the approved grading plans, to submit signed and wet
stamped rough grade certification and compaction test reports with 90% or better
compaction, for the lots for which building permits are requested. The certifications
shall use City approved forms, and shall be submitted to the Public Works
Engineering Department for verification and acceptance.
107. Conformance to Elevations/Geotechnical Compaction - Rough grade
elevations for all building pads and structure pads submitted for grading plan check
approval shall be in substantial conformance with the elevations shown on
approved grading plans. Compaction test certification shall be in compliance with
the approved project geotechnical/soils report.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY. The following conditions must
be satisfied:
108. Final Grade Certification — Prior to issuance of Certificate of Occupancy, the
developer/property owner shall cause the Civil Engineer of Record for the
approved grading plans, to submit signed and wet stamped final grade certification
on City approved form, for each building for which a certificate of occupancy is
requested. The certification shall be submitted to the Public Works Engineering
Department for verification and acceptance.
109. Conform to Elevations - Final grade elevations of all building or structure finish
floors submitted for grading plan check approval shall be in substantial
conformance with the elevations shown on the approved grading plans.
C. STREETS AND DEDICATIONS
Street improvements shall conform to all applicable City Design Standards and
Specifications, the City General Plan, the Riverside County Ordinance 461, and all
other relevant laws, rules and regulations governing street construction in the City.
110. Acceptance of Public Roadway Dedication and Improvements — Easements
and right -of way for public roadways shall be granted to the City of Menifee through
final map, or other acceptable recordable instrument.
111. 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 Public Works Director/City Engineer and
the City Building Official.
112. Paving or Paving Repairs — The applicant shall be responsible for obtaining the
paving inspections required by Ordinance 461. Paving and/or paving repairs for
utility street cuts shall be per City of Menifee Standards and Specifications and as
approved by the Public Works Director/City Engineer.
Page 30 of 43
113. Concrete Work —All concrete work including curbs, gutters, sidewalks, driveways,
cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a
28 day minimum concrete strength of 3,250 psi.
114. Street Light Plan - Street lighting locations shall be designed in accordance with
City Standard No. 1000, and the Street Light Specification Chart in Section 22 of
Ordinance 461. For projects within SCE boundaries use Standard No's 1000 or
1001 of Ordinance 461.
115. Sewer Lines —AII 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
Riverside County Ordinances 460/461 and Eastern Municipal Water District
standards.
116. Water Mains and Hydrants - All water mains and fire hydrants providing required
fire flows shall be constructed in accordance with the Riverside County Ordinance
Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water
District and the Riverside County Fire Department.
117. Dry Utility Installations - Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance with
Riverside County Ordinance Numbers 460 and 461, or as approved by the Public
Works Director/City Engineer.
118. Encroachment Permits —The developer/property owner shall obtain all required
encroachment permits and clearances prior to start of any work within City, State,
or local agency right-of-way.
119. Improvement Bonds — Prior to issuance of any construction permit for all required
onsite and offsite public improvements, the developer/project owner shall post
acceptable bonds or security to guarantee the construction of all required
improvements. The bonds shall be in accordance with all applicable City
ordinances, resolutions and municipal codes (See also bond agreement condition
under General Condition).
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY. The following conditions must
be satisfied:
120. Driveways and Driveway Approaches — Driveways and Driveway Approaches
shall be designed and constructed per City of Menifee No. 208. The modified
County of Riverside standard 207A may be used as determined by the Public
Works Director/City Engineer. Prior to issuance of Certificate of Occupancy, the
proposed driveway as shown on the proposed Plot Plan shall be constructed.
D. TRAFFIC ENGINERING
121. Sight Distance Exhibit - A separate line of sight exhibit shall be provided with the
project's grading plans to verify adequate sight distance requirements. The limited
use areas shall be shown on the grading plan, and shall be reviewed for approval
as part of the grading plan approval by the Public Works Engineering Department.
Page 31 of 43
E.
122. Signing and Striping Plan — Prior to issuance of a construction permit, any
necessary signing and striping plan shall be approved by the City Traffic Engineer
in accordance with City ordinances, standards and specifications, and with the
latest edition of the CAMUTCD.
123. Construction Traffic Control Plan - Prior to start of any project related
construction, the developer/property owner shall submit to the Public Works
Engineering Department for review and approval, a Construction Traffic Control
Plan in compliance with all applicable City ordinances, standards and
specifications, and the latest edition of the CAMUTCD. This traffic control plan shall
address impacts from construction vehicular traffic, noise, and dust and shall
propose measures to mitigate these effects. The traffic control plan shall include a
Traffic Safety Plan for safe use of public roads right of way during construction.
The plan shall specify the following mitigation measures to address the following:
a. Dust and dirt fallout from truck loads and gets entrained onto City
roadways: (1) Biweekly street sweeping during construction activity, and
daily during all grading operations. (2) Approved BMPs shall be installed at
all approved construction entrances as part of the SWPPP.
a. Noise from construction truck traffic: Include construction time and
operation of vehicles through surrounding residential streets.
b. Traffic safety within the road right-of-way: Include temporary traffic control
NPDES and WQMP
All City of Menifee requirements for NPDES and Water Quality Management Plans
(WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for
Stormwater/Urban Runoff Management Program unless otherwise approved by the
Public Works Director/City Engineer. This project is required to submit a project
specific WQMP.
124. Trash Enclosures Standards and Specifications — Storm runoff resulting in
direct contact with trash enclosure, or wastewater runoff from trash enclosure are
prohibited from running off a site onto the City MS4 without proper treatment. Trash
enclosures in new developments and redevelopment projects shall meet new
storm water quality standards including:
a) Provision of a solid impermeable roof with a minimum clearance height to
allow the bin lid to completely open.
b) Constructed of reinforced masonry without wooden gates. Walls shall be
at least 6 feet high.
c) Provision of concrete slab floor, graded to collect any spill within the
enclosure.
d) All trash bins in the trash enclosure shall be leak proof with lids that are
continuously kept closed.
e) The enclosure area shall be protected from receiving direct rainfall or run-
on from collateral surfaces.
Page 32 of 43
Any standing liquids within°the trash enclosures without floor drain-m'ust 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 an option, in accordance with Eastern Municipal Water District (EMWD)
criteria.
An alternate floor drain from the interior of the enclosure that discharges to the
sanitary sewer may be constructed only after obtaining approval from 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 employees and staff
authorized by the enclosure property owner shall be given access. This
requirement may not be applicable to 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.
PRIOR TO GRADING PERMIT ISSUANCE. The following conditions must be satisfied.
125. Final Project Specific Water Quality Management Plan (Final WQMP) - Prior
to issuance of a grading permit, a FINAL project specific WQMP in substantial
con ormf ance with the approved-PRELIMINARY-WQMP shall -be reviewed and
approved by the Public Works Engineering Department. Final construction plans
shall incorporate all of the structural BMPs identified in the approved FINAL
WQMP. The final developed project shall implement all structural and non-
structural BMPs specified in the approved FINAL WQMP. One copy of the
approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the
Public Works Engineering Department.
126. WQMP Maintenance Agreement- Prior to, or concurrent with the approval of the
FINAL WQMP, the developer/project owner shall record Covenants, Conditions
and Restrictions (CC&R's), or enter into an acceptable maintenance agreement
with the City to inform future property owners of the requirement to perpetually
implement the approved FINAL WQMP. These reports/studies shall include, but
not limited to the following:
(a) Hydrology/hydraulics report
(b) Soils Report that includes soil infiltration capacity
(c) Limited Phase II Environmental Site Assessment Report that include
testing for the presence of bio solids/sludge.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY. The following conditions must
be satisfied.
127. WQMP/BMP Education - Prior to issuance of Certificate of Occupancy, the
developer/project owner shall provide the City proof of notification to future
occupants of all non-structural BMP's and educational and trainina reauirements
Page 33 of 43
for said BMP's as directed in the approved WQMP. Acceptable proof of notification
must be in the form of a notarized affidavit at the minimum.
128. Inspection of BMP Installation - Prior to issuance of Certificate of Occupancy,
all structural BMPs included in the approved FINAL WQMP shall be inspected for
completion of installation in accordance with approved plans and specifications,
and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all
proposed structural BMPs are in working conditions, and that a hard copy and/or
digital copy of the approved FINAL WQMP are available at the site for use and
reference by future owners/occupants. The inspection shall ensure that the FINAL
WQMP at the site includes the BMP Operation and Maintenance Plan, and shall
include the site for in a City maintained database for future periodic inspection.
F. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT
PRIOR TO BUILDING PERMIT ISSUANCE. The following conditions must be satisfied:
129. Annexation to the Citywide Community Facilities District (Citywide CFD).
Prior to issuance of a building permit, the developer/property owner shall complete
the annexation of the proposed site development, into the boundaries of the City
of Menifee Citywide Community Facilities District (citywide CFD), currently in
formation. The citywide CFD shall be responsible for:
(a) The maintenance of public improvements or facilities that benefit this
evetopmant,-andsJarJ.icated_to the_City_for-CED-maintenance-_T_hase-shall
include but not limited to, public landscaping, streetlights, traffic signals, street
maintenance, drainage facilities and other public improvements or facilities as
approved by the Public Works Director/City Engineer.
(b) The payment of emergency safety services (Police and Fire) that benefit this
development.
The developer/property owner shall be responsible for all cost associated with the
annexation of the proposed development in the citywide CFD.
130. CFD Annexation Agreement - In the event timing for this development's schedule
prevents the developer/property owner from complying with this condition of
approval, the developer shall enter into a CFD annexation agreement to allow the
annexation to complete after the issuance of the building permit but prior to
issuance of Certificate of Occupancy. The developer shall be responsible for all
costs associated with the preparation of the CFD annexation agreement. The
agreement shall be approved by the City Council prior to recordation.
G. MAINTENANCE OF PARKWAY LANDSCAPING WITHIN PUBLIC RIGHT OF WAY
131. Parkway Landscaping Design Standards - The parkway areas behind the street
curb within the right-of-way, shall be landscaped and irrigated per City standards
and guidelines.
132. Maintenance of Parkway Landscaping - The developer/property owner shall
have the option of irrigating and maintaining the parkway landscaping within the
public right of way, fronting the property on Haun Road, by connecting the irrigation
system to the onsite private controller. In the event the developer/property owner
or future property owners are unable to maintain the described parkway area to
Page 34 of 43
City standards, the developer/property owner may be required to separate the
public parkway area from the private areas by providing a separate controller and
meter for the public parkway area. All costs associated with the modification of the
irrigation system shall be the responsibility of the developer/property owner. The
property owner would also be assessed for the maintenance cost.
133. Separate Meter — The Landscaping and Irrigation Plans indicate landscape
improvements for both on -site and off -site (public right of way) areas. The off -site
area shall be maintained by the property owner until such a time as the off -site
landscape area is annexed in the citywide district for maintenance purposes. The
property owner acknowledges that installation of a separate irrigation water meter
may be required prior to acceptance of the off -site area for maintenance.
H. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
134. Fees and Deposits — Prior to approval of final maps, grading plans, improvement
plans, issuance of building permits, and/or issuance of certificate of occupancy,
the developer/property owner shall pay all fees, deposits as applicable. These shall
include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable
Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable
Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be
collected at the rate in effect at the time of collection as specified in current City
resolutions and ordinances.
Page 35 of 43
Section IV:
Riverside County Fire De
ortment
Conditions of Approval
Page 36 of 43
General Conditions
135. 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.org. or go to the link
marked "Ordinance 787".
Questions should be directed to the Riverside County Fire Department, Fire
Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501.
Phone: (951) 955-4777, Fax: (951) 955-4886
136. 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.
137. 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,- prinkLersleraUies,--etc. must_be-nmvLded witb--suppr_essL nc—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)
138. 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.
139. Minimum Required Fire Flow. Minimum required fire flow shall be 1,500 GPM
for a two (2) hour duration at twenty (20) Pounds Per Square Inch (PSI) residual
operating pressure, which must be available before any combustible material is
placed on the job site.
140. Super Fire Hydrants. Super fire hydrant(s) (6"x4"x 2-2-1/2"), shall be located not
less than twenty-five (25) feet or more than 250 feet from any portion of the building
as measured along approved vehicular travel ways.
141. Rapid Hazmat Box. Rapid Entry Hazardous Material Data and key Storage
Cabinet shall be installed on outside of the building. Plans showing the location of
cabinet(s) shall be submitted to the Riverside County Fire Department for approval
prior to installation (Current plan check deposit base fee is $126.00).
142. Gate Entrances. Gate Entrances shall be at least two feet wider than the width
of the traffic lane(s) serving the gate. Any gate providing access from a road to a
driveway shall be located at least thirty-five (35) feet from the roadway and shall
Page 37 of 43
open to allow vehicle(s) to stop without obstructing traffic on the road. Where a
one-way road with a single traffic lane provides access to a gate entrance, forty
(40) foot turning radius shall be used.
143. Auto/Man Gates. Gate(s) shall be automatic or manual operated, minimum
twenty (20) feet width, with a setback of thirty-five (35) feet from face of curb/flow
line. Gate access shall be equipped with a rapid entry system. Plans shall be
submitted to the Fire Department for approval prior to installation.
Automatic/manual gate pins shall be rated with shear pin force, not to exceed thirty
(30) foot pounds. Automatic gates shall remain open until closed by the rapid entry
system. Current plan check deposit based fee is $126.00.
Prior to Issuance of Building Permit
144. 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.
145.
Water Plans. The applicants or developer shall separately submit two (2) copies
of the water system plans to the Fire Department for review and approval.
Calculated velocities shall not exceed 100 feet per second. Plans shall conform
to the fire hydrant types, location and spacing. The system shall meet the fire flow
requirements. Plans shall be signed and approved by a registered civil engineer
and the local water company with the following certification: "I certify that the
design of the water system is in accordance with the requirements prescribed by
Fire Department."
Prior to Final Inspection
146. Fire Lanes. The permittee shall prepare and submit to the Fire Department for
approval, a site plan designating required fire lanes with appropriate lane painting
and/or signs.
147. 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
fifty (50) feet of a hydrant, and the minimum of 25 feet from the building (s). A
statement that the building (s) will be automatically fire sprinkled must be included
on the title page of the building plans. (Current sprinkler plan check deposit base
fee is $614.00 per riser) applicant or developer shall be responsible to install a U.L.
Central Station Monitored Fire Alarm System. Monitoring System shall monitor the
fire Sprinkler system (s) water flow, P.I.V.'s and all control valves. Plans must be
submitted to the Fire Department for approval prior to installation. Contact Fire
Department for guideline handout (current monitoring plan check deposit base fee
is $192.00)
148. 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
Page 38 of 43
maximum 4" projection from the wall. Contact Fire Department for proper
placement of equipment prior to installation.
149. Spray Booth. A Spray Booth fire extinguishing system must be installed in the
booth. System must be installed by a licensed C-16 contractor. Plans must be
submitted with current fee of $215.00 to the Fire Department for review and
approval prior to installation.
150. Welding and Other Hot Work. Welding and other hot work shall comply with the
2013 California Fire Code, Chapter 35. Conditions of approval may change based
on conditions hazardous to life, property or public welfare in the occupancy of
structures or premises, and fire hazards in the structure or on the premises from
occupancy or operation.
Page 39 of 43
Section V:
Riverside Cou
Environmental
Health Conditions of A
rova I
Page 40 of 43
General Conditions
151. 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 permittee 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.
152. Retention Basin(s) - No Vectors. Any proposed retention basin(s) shall be
constructed and maintained in a manner that prevents vector breeding and vector
nuisances.
153. 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"), between the hours of
10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB(A) - 10-minute leq,
between -7-.00-a.m-and-10-00-p-m-(daytime-standerd).
154. 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 7:00 p.m. and 7:00 a.m.
155. Construction Mufflers. All construction vehicles, equipment fixed or mobile shall
be equipped with properly operating and maintained mufflers.
156. 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.
157. Hazardous Materials - General. If a previously unidentified release or threatened
release of a hazardous material or the presence of a naturally occurring hazardous
material is discovered during development at the site, construction activities shall
cease and RCDEH-ECP and/or the appropriate regulatory agency shall be notified
immediately. Additionally, further assessment and/or clean up may be required.
Prior to Building Permit Issuance Conditions
158. Hazardous Materials Management Branch (HMMB) Permits. Prior to issuance
of a building permit, the applicant shall submit to the HMMB a complete set of
construction plans for the proposed auto body repair shop. Applicable fees shall
apply. For further information, please contact HMMB at (951) 766-2824.
Prior to Building Final/Occupancy Conditions
Page 41 of 43
159. Hazardous Materials Management Branch (HMMB) Permits. Permits from the
HMMB must be obtained for the operation of the auto body repair shop prior to
occupancy. For further information, please contact HMMB at (951) 766-2824.
160. Business Emergency Plan. The facility will require a business emergency plan
(BEP). The BEP shall be submitted to the HMMB for review and approval. Contact
a Hazardous Materials Specialist, Hazardous Materials Management Branch, at
(951) 766-2824 for any additional requirements.
161. HMMB Clearance. Prior to building final, clearance from the HMMB shall be
required to ensure that the project has met the following requirements:
a. Underground storage tanks, Riv. County Ord. #671.4 (if applicable)
b. Hazardous Waste Generator Services, Riv. County Ord. #615.3
C. Disclosure and Emergency Response Plans, Riv. Co. Ord. #651.2
d. Waste Reduction Management
e. Other additional requirements as determined by HMMB including but not
limited to the issuance of pertinent operating permits.
Page 42 of 43
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)
Page 43 of 43