PC15-195RESOLUTION NO. PC 15-195
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE RECOMMENDING APPROVAL OF PLOT PLAN NO. 2014-
113 FOR THE REVISION OF PLOT PLAN NO. 2009-052 FOR THE
MENIFEE LAKES PLAZA SHOPPING CENTER
Whereas, on November 10, 2009, the Planning Commission approved a plot
plan (Plot Plan No. 2009-052) and conditional use permits (CUP03487, CUP 2009-084
and CUP 2009-085) for the construction and operation of the Menifee Lakes Plaza
Shopping Center and adopted a Mitigated Negative Declaration (EA40567) for the
project; and
Whereas, on October 8, 2013 the Planning Commission approved the second
and third extensions of time for Plot Plan No. 2009-052 and approved Conditional Use
Permit Nos, 2012-187, 2012-188, and 2012-189 to re -approve the expired previous
Conditional Use Permits; and
Whereas, on May 1, 2014, the applicant, MDMG Inc., filed a formal application
with the City of Menifee for Plot Plan No. 2014-113 for the revision to Plot Plan No.
2009-052 for the Menifee Lakes Shopping Center located at the northwest corner of
Newport and Antelope Road in the City of Menifee; and
Whereas, on October 8, 2014, November 12, 2014, December 10, 2014, and
January 14, 2015, the Planning Commission held a duly noticed public hearing on the
Project, considered all public testimony as well as all materials in the staff report and
accompanying documents for Plot Plan No. 2014-113 which hearing was publicly
noticed by a publication in the newspaper of general circulation, an agenda posting, and
notice to property owners within 300 feet of the Project boundaries, and to persons
requesting public notice; and
Whereas, on January 14, 2015, the City of Menifee Planning Commission made
the following Findings for Plot Plan No. 2014-113:
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 (Menifee Village). 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, a
shopping center with gas station, convenience store and car wash, general retail,
gym, and hotel, meets the requirements of the Specific Plan (Menifee Village)
land use designation.
The project is consistent with the following City of Menifee General Plan policies:
LU-1.1 Concentrate growth in strategic locations to help preserve rural
areas, create place and identity, provide infrastructure efficiently, and foster
the use of transit options.
LU-1.5 Support development and land use patterns, where appropriate,
that reduce reliance on the automobile and capitalize on multimodal
transportation opportunities.
Resolution No PC 15-195
PP 2014-113
January 14, 2015
LU-1.7 Ensure neighborhood amenities and public facilities (natural open
space areas, parks, libraries, schools, trails, etc.) are distributed equitably
throughout the City.
C-1.1 Require roadways to:
• Comply with federal, state and local design and safety standards.
• Meet the needs of multiple transportation modes and users.
• Be compatible with the streetscape and surrounding land uses.
• Be maintained in accordance with best practices.
C-1.2 Require development to mitigate its traffic impacts and achieve a
peak hour Level of Service (LOS) D or better at intersections, except at
constrained intersections at close proximity to the 1-215 where LOS E may be
permitted.
C-2.1 Require on- and off-street pathways to:
• Comply with federal, state and local design and safety standards.
• Meet the needs of multiple types of users (families, commuters,
recreational beginners, exercise experts) and meet ADA standards and
guidelines.
• Be compatible with the streetscape and surrounding land uses.
• Be maintained in accordance with best practices.
C-2.2 Provide off-street multipurpose trails and on -street bike lanes as our
primary paths of citywide travel, and explore the shared use of low speed
roadways for connectivity wherever it is safe to do so.
C-6.1 Design developments within designated scenic highway corridors to
balance the objectives of maintaining scenic resources with accommodating
compatible land uses.
C-6.4 Incorporate riding, hiking, and bicycle trails and other compatible
public recreational facilities within scenic corridors.
C-6.5 Ensure that the design and appearance of new landscaping,
structures, equipment, signs, or grading within eligible county scenic highway
corridors are compatible with the surrounding scenic setting or environment.
OCS-2.1 Develop recreational trails for hiking, biking, and equestrian use
throughout the City, making them, to the extent feasible, accessible to people
of different neighborhoods, ages, and abilities.
OCS-5.1 Preserve and protect archaeological and historic resources and
cultural sites, places, districts, structures, landforms, objects and native burial
sites, traditional cultural landscapes and other features, consistent with state
law and any laws, regulations or policies which may be adopted by the City to
implement this goal and associated policies.
Resolution No PC 15-195
PP 2014-113
January 14, 2015
OCS-8.8 Implement and follow MSHCP goals and policies when making
discretionary actions pursuant to Section 13 of the Implementing Agreement.
OCS-9.1 Meet state and federal clean air standards by minimizing
particulate matter emissions from construction activities.
CD-3.5 Design parking lots and structures to be functionally and visually
integrated and connected; off-street parking lots should not dominate the
street scene.
CD-3.6 Locate site entries and storage bays to minimize conflicts with
adjacent residential neighborhoods.
CD-3.7 Consider including public art at key gateways, major projects, and
public gathering places.
CD-3.10 Employ design strategies and building materials that evoke a
sense of quality and permanence.
CD-3.11 Provide special building -form elements, such as towers and
archways, and other building massing elements to help distinguish activity
nodes and establish landmarks within the community.
CD-3.14 Provide variations in color, texture, materials, articulation, and
architectural treatments. Avoid long expanses of blank, monotonous walls or
fences.
CD-3.15 Require property owners to maintain structures and landscaping
to high standards of design, health, and safety.
CD-4.2 Design new and, when necessary, retrofit existing streets to
improve walkability, bicycling, and transit integration; strengthen connectivity;
and enhance community identity through improvements to the public right-of-
way such as sidewalks, street trees, parkways, curbs, street lighting, and
street furniture.
CD-4.7 Design new landscaping, structures, equipment, signs, or grading
within the scenic corridors for compatibility with the surrounding scenic setting
or environment.
CD-6.3 Require property owners to maintain the existing landscape on
developed nonresidential sites and replace unhealthy or dead landscaping.
CD-6.5 Limit light leakage and spillage that may interfere with the
operations of the Palomar Observatory.
CD-6.7 Integrate project signage into the architectural design and character
of new buildings.
ED-2.1 Promote retail development by locating needed goods and services
in proximity to where residents live to improve quality of life, retain taxable
Resolution No PC 15-195
PP 2014-113
January 14, 2015
spending by Menifee residents, and attract residents from outside the City to
shop in Menifee.
Locate businesses providing convenience goods and services in retail
centers that are on arterials adjacent to neighborhoods and communities
throughout the City but not in rural residential areas.
Encourage comparison goods businesses to locate in larger retail centers
located on major arterials near freeway interchanges, because
businesses that provide comparison goods tend to draw customers from
larger areas.
ED-2.2 Require regional retail districts to provide entertainment and dining
in addition to retail sales and services to create destinations prepared to
withstand e-commerce's increasing capture of retail spending. These districts
should create a pedestrian -friendly human -scale atmosphere with street
furniture, shading, and gathering spaces that enhance the experience of
shopping and socializing.
Local retail centers (primarily intended to serve Menifee residents) need not
necessarily provide dining and entertainment but shall provide street
furniture, shading, pedestrian -circulation, and gathering spaces that enhance
the experience of shopping.
S-2.1 Require all new developments to mitigate the geologic hazards that
have the potential to impact habitable structures and other improvements.
S-4.4 Review development proposals for impacts to fire facilities and
compatibility with fire areas or mitigate.
N-1.1 Assess the compatibility of proposed land uses with the noise
environment when preparing, revising, or reviewing development project
applications.
N-1.3 Require noise abatement measures to enforce compliance with any
applicable regulatory mechanisms, including building codes and subdivision
and zoning regulations, and ensure that the recommended mitigation
measures are implemented.
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.
The project is within the Menifee Village Specific Plan. The project is consistent
with the design guidelines, zoning and development standards of the Specific
Plan. The Specific Plan designates the area as Commercial and the area is
planned for general and freeway -oriented commercial uses and would feature
hotels, restaurants, and commercial offices.
Surrounding General Plan Land Use designations are Specific Plan (SP 158 —
Menifee Village) to the north and east (one -family dwellings and multi -family) as
well as south (Commercial) and Specific Plan (SP 248 — Newport Hub)
(Commercial) to the west. The project is consistent with the surrounding existing
Resolution No PC 15-195
PP 2014-113
January 14, 2015
and planned land uses. The project is compatible with the existing residential
land uses to the east and north, which are separated from the project site by
Antelope Road as well as screened with parkway and on -site landscaping and
with structures setback from the property line.
The City of Menifee has two (2) active conservation plans within the City's
boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo
Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the
jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The
project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi)
(SKR) Fee Area. The proposed project is located within the boundaries of the
Western Riverside County Multiple Species Habitat Conservation Plan; however,
the project is not located with a Criteria Cell or Cell Group. The project will be
subject to the payment of fees for a commercial project consistent with the
Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore,
the project will not conflict with the provisions of the adopted HCP, Natural
Conservation Community Plan, or other approved local, regional, or State
conservation plan and the impact is considered less than significant.
2. Consistency with the Zoning Code.
The project is zoned Specific Plan (Menifee Village, Planning Area 1-1 -
Commercial). The Specific Plan refers back to the Scenic Highway Commercial
designation of Ordinance 348. The project is consistent with the Specific Plan
zoning and development standards as amended with the concurrent Specific
Plan Amendment and Change of Zone.
Surrounding zoning includes the Specific Plan (Menifee Village, Planning Area 1-
2 — One -family, two-family, and multi -family) to the north and east, Specific Plan
(Menifee Village, Planning Area 2-7 — Commercial) to the south, and Specific
Plan (Newport Hub, Planning Area 1 - Commercial) to the west. These
classifications are compatible with the Specific Plan (Menifee Village, Planning
Area 1-1) zone of the project site.
3. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or injurious
to or incompatible with other properties or land uses in the project vicinity.
To the east across Antelope Road, single-family residential uses exist. The
western boundary abuts Interstate-215 with commercial and medical offices
further to the west. To the south across Newport Road a commercial shopping
center exists with single-family residential uses to the east on the south side of
Newport Road.
The proposed project is compatible with the surrounding land uses, General Plan
land use designations and zoning classifications. The project incorporates
quality architecture and landscaping which will enhance the area. Environmental
impacts resulting from the project have been analyzed in an addendum to the
mitigated negative declaration which determined impacts including, but not
limited to, air quality, greenhouse gas emissions, water quality, noise, and traffic
would all be less than significant. Therefore, the project is not anticipated to
create conditions materially detrimental to the public health, safety and general
Resolution No PC 15-195
PP 2014-113
January 14, 2015
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.
An Addendum to the original Mitigated Negative Declaration has been completed
for the proposed project and recommended to be adopted by the City Council
pursuant to Resolution PC 15-198. The Plot Plan at issue is consistent with the
Addendum, which the Planning Commission has considered as part of its
proceedings. The addendum to the mitigated negative declaration did not
identify any potentially significant impacts that could not be mitigated to less than
significant levels.
NOW, THEREFORE, the Planning Commission of the City of Menifee
recommends that the City Council take the following actions:
Determine that this project falls within the scope of the environmental clearance
provided by the Addendum to the Mitigated Negative Declaration that the
Planning Commission recommended for approval in Resolution PC 15-195.
2. That the City Council determines that the "Findings" set out above are true and
correct.
3. That the City Council approve Plot Plan No. 2014-113 for a revision to Plot Plan
No. 2009-052, subject to the Conditions of Approval Exhibit "A' to this
Resolution.
PASSED, APPROVED AND ADOPTED this the 14
Chairman
Attest:
Kathy Bennett, City Clerk
Approved as to form:
c��
Ajit Thind, Assistant City Attorney
Scott A. Mann
Mayor
John V. Denver
Mayor Pro Tem
Wallace W. Edgerton
Councilmember
Greg August
Councilmember
Matthew Liesemeyer
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
w .ckyofinenifee.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. PC15-195 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
1411 day of January, 2015 by the following vote:
Ayes:
Folsom, Phillips, Sobek, Thomas
Noes:
None
Absent:
None
Abstain:
Karin
Kathy Bennett, City Clerk
EXHIBIT 961"
Conditions of Approval for Plot Plan No. 2009-052 as
revised by Plot Plan No. 2014-113
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Flood Control District
Conditions of Approval
Section V: Riverside County Fire Department Conditions
of Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
Conditions of Approval for Plot Plan No. 2009-052 1 of 51
(Revised per Plot Plan No. 2014-113)
Section
Conditions Applicable to all
Departments
Conditions of Approval for Plot Plan No. 2009-052 2 of 51
(Revised per Plot Plan No. 2014-113)
General Conditions
1. Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Plot Plan No. 2009-052 as revised by
Plot Plan No. 2014-113 shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2014-113, dated
August 26, 2014.
APPROVED EXHIBIT B = Elevations and Floor Plans for Plot Plan No.
2014-113, dated August 26, 2014.
APPROVED EXHIBIT L = Landscaping Plans for Plot Plan No. 2014-113,
dated August 26, 2014.
APPROVED EXHIBIT M = Colors and Material Board for Plot Plan No.
2009-052, Amended No. 1, dated March 4, 2009.
APPROVED EXHIBIT S = Sign Program and Conceptual Corner Monument
for Plot Plan No. 2014-113, dated January 5, 2015.
2. Project Description Plot Plan No. 2009-052 as revised by Plot Plan No.
2014-113. The use hereby permitted is for a 184,717 sq. ft. commercial
shopping center with three (3) major stores ranging in size from 16,000 sq. ft.
to 34,700 sq. ft., one (1) 6,500 sq. ft. building for shops, five (5) outparcel
buildings for future retail use ranging in size from 3,850 sq. ft. to 11,200 sq.
ft., one (1) gas service station including a car wash, lube center, gas canopy
and a 3,440 sq. ft. convenience store, one (1) 38,000 sq. ft. gym/health club
and one (1) four-story 40,532 sq. ft. hotel with 70 rooms with a maximum
height of forty-five (45) feet. A corner monument identifying the name of the
center that would not include any tenant identification is proposed at the
southeast corner of the site at the corner of Newport Road and Antelope
Road.
Variance No. 1782 allows for additional signage. The following signs are
allowed: one (1) freeway pylon sign, one (1) pylon sign (located on Newport
Road), two (2) gas station monument signs and (4) tenant monument signs
(one sign at each entrance to the project). In addition, the freeway pylon sign
can have a maximum height of fifty-five (55) feet. The variance also allows
for the surface area of the freeway pylon sign to be a maximum of 650 square
feet.
3. Indemnification. The developer/applicant shall indemnify, protect, defend,
and hold harmless, the City and County and any agency or instrumentality
thereof, and/or any of its officers, employees and agents (collectively the
"City and County") from any and all claims, actions, demands, and liabilities
arising or alleged to arise as the result of the applicant's performance or
failure to perform under this Plot Plan or the City's and County's approval
thereof, or from any proceedings against or brought against the City or
County, or any agency or instrumentality thereof, or any of their officers,
Conditions of Approval for Plot Plan No. 2009-052 3 of 51
(Revised per Plot Plan No. 2014-113)
employees and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an action by the City or County, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning
Environmental Assessment No. 40567, Plot Plan No. 2009-052, Conditional
Use Permit No. 3487, Conditional Use Permit No. 2009-084, Conditional Use
Permit No. 2009-085, Tentative Parcel Map No. 34318,Variance No. 1782,
Plot Plan No. 2014-113, Specific Plan Amendment No. 2012-115, Change of
Zone No. 2014-206, and Addendum to Environmental Assessment No.
40567.
4. 90 Days to Protest. The project developer has 90 days from the date of
approval of these conditions to protest, in accordance with the procedures set
forth in Government Code Section 66020, the imposition of any and all fees,
dedications, reservations and/or other exactions imposed on this project as a
result of this approval or conditional approval of this project.
5. Newly Incorporated City. The City of Menifee is a new City incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. In
the future the City of Menifee will identify and put in place various processing
fees to cover the reasonable cost of the services provided. The City also will
identify and fund mitigation measure under CEQA through development
impact fees. The developer understands and agrees to pay such fees.
Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services,
and development impact fees to mitigate the impact of the development
proposed on public improvements. To the extent that Menifee may develop
future financing districts to cover the costs of maintenance of improvements
constructed by development, Developer agrees to petition for formation of,
annexation to or inclusion in any such financing district and to pay the cost of
such formation, annexation or inclusion.
6. Mitigation Monitoring Plan. The developer shall comply with the mitigation
monitoring plan (attached).
7. Causes for Revocation. In the event the use hereby permitted under this
permit, a) is found to be in violation of the terms and conditions of this permit,
b) is found to have been obtained by fraud or perjured testimony, or c) is
found to be detrimental to the public health, safety or general welfare, or is a
public nuisance, this permit shall be subject to the revocation procedures.
8. Ceased Operations. In the event tF
for a period of one (1) year or more,
except as sooner provided under
approval,
e use hereby permitted ceases operation
this approval shall become null and void,
conditional use permit or other specific
9. Business License. Every person conducting a business within the City of
Menifee, as defined in City of Menifee Municipal Code Section 5.01.020, shall
Conditions of Approval for Plot Plan No. 2009-052 4 of 51
(Revised per Plot Plan No. 2014-113)
obtain a business license. For more information regarding business
registration, contact the City Clerk.
10. Expiration. This approval shall be used within five (5) years of the original
PP 2009-052 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 five (5) 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. Should the
time period lapse and no substantial construction or use of this plot plan be
initiated within five (5) years of the effective date of the issuance of the
original PP 2009-052, this plot plan shall become null and void.
Conditions of Approval for Plot Plan No. 2009-052 5 of 51
(Revised per Plot Plan No. 2014-113)
Section II:
Planning Conditions of Approval
Conditions of Approval for Plot Plan No. 2009-052 6 of 51
(Revised per Plot Plan No. 2014-113)
General Conditions
Comply with County Geologic Report. The developer shall comply with
the recommendations of the Geologic Report. County Geologic Report
(GEO) No. 1635, submitted for this project (PM34318 & CUP03487), was
prepared by Global Geo-Engineering, Inc. and is entitled: "Geotechnical
Evaluation and Additional Investigation, Proposed Commercial
Development, Northwest Corner of Antelope Road and Newport Road,
Menifee Area, Riverside County, California" dated June 21, 2005. In
addition (GEO) No. 1635 included two earlier reports prepared for this site,
one prepared by Geocon Inland Empire, Inc. entitled "Menifee Retail
Center, Antelope Road and Newport Road, Menifee Area, Riverside
County, California, Geotechnical Investigation" dated September 30, 2004
and the other entitled "Final Compaction Report, Parcel Map 21838, Parcel
17 (Product Area 1-1), Menifee Village, County of Riverside, California"
dated October 9, 1987.
GEO No. 1635 concluded:
1) The site is likely to be subjected to moderate to severe ground
shaking during the expected life span of the project. This is
considered the primary geologic hazard for this site. The nearest
active fault is the Elsinore Fault Zone. The project site is in seismic
Zone 4 as defined in the California (Uniform) Building Code.
2) Liquefaction potential resulting from the effects of strong ground
shaking are considered to be negligible due to the fact that the
upper soils encountered in the exploratory borings exhibited
relatively high in place densities and groundwater was not
encountered in the borings.
3) The on -site soils have a low expansion potential.
4) The onsite soils have a relatively high corrosion potential for buried
metals, but are non -corrosive to Portland concrete cement.
5) The onsite surficial soils consist of previously placed compacted fill
considered to be suitable for support of the proposed structures.
6) Other geologic hazards including fault rupture, subsidence,
landslides and tsunamis/seiche are considered low or negligible on
this site.
GEO No. 1635 recommended:
1) The existing surficially degraded fills soils should be processed to
the depth of firm, moist previously placed engineered fill prior to
placing any additional fill.
Conditions of Approval for Plot Plan No. 2009-052 7 of 51
(Revised per Plot Plan No. 2014-113)
2) The proposed structures may be supported on shallow spread
footings founded in existing or newly placed compacted fill. Where
grades are proposed to be altered from the existing elevations,
footing areas should be over -excavated to provide at least one foot
of compacted fill below the footing subgrades.
3) The on -site soils are considered acceptable for use as compacted
fill provided they are cleaned of debris, vegetation and other organic
matter and rocks greater than 8 inches in diameter.
4) Based on resistivity tests, Type II Portland cement is acceptable for
all concrete elements in contact with the site soils.
5) Subdrains should be provided behind any retaining walls and should
consist of 4-inch diameter schedule 40 PVC pipe, one cubic foot per
linear foot gravel wrapped in a geotextile (Mirafi 140N or equivalent)
and outlet into an approved drainage device. In addition, retaining
wall backfills should consist of imported granular soils.
6) Native on site soils are acceptable for use as utility trench backfills if
properly placed and compacted.
7) All new construction should be designed in accordance with the
seismic parameters in the 2001 California Building Code for seismic
zone 4.
8) The site should be properly sloped to direct water away from all
structures
GEO No. 1635 satisfies the requirement for a Geotechnical study for
Planning/CEQA purposes. GEO No. 1635 is hereby accepted for Planning
purposes. The project shall comply with the recommendations of the
Geologic Report. Engineering and other Uniform Building Code parameters
where not included, as a part of this review or approval and this approval is
not intended, and should not be misconstrued as approval for grading
permit. Engineering and other building code parameters will be reviewed
and additional comments and/or conditions may be imposed by the Building
and Safety Department upon application for grading and/or building
permits.
2. Comply with Ordinance. The development of these premises shall comply
with the standards of Ordinance No. 348 and all other applicable
ordinances and State and Federal codes.
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.
3. Phases. Construction of this project may be done progressively in phases
provided a plan is submitted with appropriate fees to the Planning
Conditions of Approval for Plot Plan No. 2009-052 8 of 51
(Revised per Plot Plan No. 2014-113)
Department and approved prior to issuance of any building permits.
Phasing approval shall not apply to the requirements of any agency other
than the Planning Department unless so indicated by the affected agency.
4. Outside Lighting. Any outside lighting shall be hooded and directed so as
not to shine directly upon adjoining property or public rights -of -way.
5. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT M.
6. Land Division Required. Prior to the sale of any individual structure as
shown on APPROVED EXHIBIT A, a land division shall be recorded in
accordance with Riverside Ordinance No. 460, and any other pertinent
ordinance.
7. Parking. Parking for this project was determined primarily on the basis of
Ordinance No. 348, Section 18.12. a.(2).b) and as amended by the Specific
Plan,
General Retail Uses: 5.0 spaces per 1,000 sq. ft. of floor area.
Hotel: 1 space per room AND 2 spaces for hotel manager
Total Parking Required: 775 spaces
Total Parking Provided: 843 spaces
A minimum of 843 parking spaces shall be provided as shown on the
APPROVED EXHIBIT A, unless otherwise approved by the Planning
Department. The parking area shall be surfaced with asphaltic concrete,
concrete, or porous paving, to current standards as approved by the
Department of Building and Safety.
A minimum of thirty-seven (37) accessible parking spaces for persons with
disabilities shall be provided as shown on APPROVED EXHIBIT A and
consistent with ADA requirements and as approved by the City Engineering
Department. The location of ADA parking and paths of travel will be
finalized on the final site plan of the proposed project. Each parking space
reserved for persons with disabilities shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or
equal, displaying the International Symbol of Accessibility. The sign shall
not be smaller than 70 square inches in area and shall be centered at the
interior end of the parking space at a minimum height of 80 inches from the
bottom of the sign to the parking space finished grade, or centered at a
minimum height of 36 inches from the parking space finished grade,
ground, or sidewalk. A sign shall also be posted in a conspicuous place, at
each entrance to the off-street parking facility, not less than 17 inches by 22
inches, clearly and conspicuously stating the following:
"Unauthorized vehicles not displaying distinguishing placards or license
plates issued for physically handicapped persons may be towed away at
owner's expense. Towed vehicles may be reclaimed at _ or by
telephoning ."
Conditions of Approval for Plot Plan No. 2009-052 9 of 51
(Revised per Plot Plan No. 2014-113)
In addition to the above requirements, the surface of each parking space
shall have a surface identification sign duplicating the symbol of
accessibility in blue paint of at least 3 square feet in size.
Loading Spaces:
A minimum of thirteen (13) loading spaces shall be provided as shown on
APPROVED EXHIBIT A. The loading spaces for major tenants shall be
surfaced with six (6) inches of concrete over a suitable base and shall not
be less than 10 feet wide by 35 feet long, with 14 feet vertical clearance.
Bicycle Racks:
Bicycle racks with a minimum of 78 spaces shall be provided in convenient
locations to facilitate bicycle access to the project area as shown on
APPROVED EXHIBIT A. The bicycle racks shall be shown on project
landscaping and improvement plans submitted for Planning Department
approval, and shall be installed in accordance with those plans.
8. Loading Areas. Loading and/or unloading of goods/supplies for tenants
within this shopping center shall occur in designated loading areas as
shown on EXHIBIT A only. No loading or unloading is allowed in front of
the stores or within drive aisles. Loading areas shall be kept free of debris
and clean.
9. Signage. Signage for this project shall be limited to eight (8) freestanding
signs as allowed by the variance as well as a corner monument with center
identification without any tenant identification. Any additional signage shall
be approved by the Planning Department pursuant to the requirements of
Section 18.30 (Planning Department review only) of Ordinance No. 348. All
signs shall comply with sight distance requirements of Ordinance No. 461.
If any signs obstruct the required sight distances, signs shall be adequately
relocated.
10. Reclaimed Water. The permit holder shall install purple pipes and connect
to a reclaimed water supply for landscape watering purposes when
secondary or reclaimed water is made available to the site.
11. 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 use the premises as a permanent mailing
address nor be entitled to vote using an address within the premises as a
place of residence.
12. Exterior Noise Levels. Exterior noise levels produced by any use allowed
under this permit, including, but not limited to, any outdoor public address
system, shall not exceed 55 db(A), 10-minute LEQ, between the hours of
10:00 p.m. to 7:00 a.m., and 65 db(A), 10-minute LEQ, at all other times as
measured at any residential, hospital, school, library, nursing home or other
similar noise sensitive land use. In the event noise exceeds this standard,
the permittee or the permittee's successor -in -interest shall take the
Conditions of Approval for Plot Plan No. 2009-052 10 of 51
(Revised per Plot Plan No. 2014-113)
necessary steps to remedy the situation, which may include discontinued
operation of the facilities.
13. Noise Monitoring Report. The permit holder 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).
14. Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be
provided for the loading spaces located in the rear of Majors 1, 2 and 3.
The intent of this condition is to provide electrical hook-ups for refrigerated
trailers that will be parked at the facility for more than 15 minutes. The use
of truck engines or auxiliary power units to power refrigerated trailers for
extended periods of time is not allowed.
15. No Extended Stay. An extended stay hotel is not allowed subject to this
approval. No building permits shall be issued for an extended type hotel.
16. No Outdoor Storage. No outdoor storage is allowed, including in the rear
of the majors, shops and pads located along Interstate 215. No storage
lockers, sheds, metal container bins, or metal shipping containers will be
allowed to be stored outside the building unless first reviewed and
approved by the Community Development Department.
17. Air Quality/Greenhouse Gases.
a. The project is required to incorporate enhanced energy efficiency
standards to minimize energy consumption and compliance with Measure
XVI. The project must meet/exceed 2008 Title 24 minimum requirements.
b. Low or Non-VOC Paints. Only low- and non-VOC containing paints
with less than 50 grams of VOC per liter, sealants, adhesives and solvents
shall be utilized in the construction of this project.
18. Sidewalk. The sidewalk along Newport Road shall be kept in a usable
condition throughout the life of the permit and shall match up with any
future Caltrans improvements.
19. No Idling. To reduce diesel truck emissions, the project has been
conditioned to install signs in loading areas stating "The driver of a diesel -
fueled motor vehicle with a gross vehicle weight rating (GVWR) greater
than 10,000 pounds is prohibited from idling the vehicle's primary engine for
more than five (5) minutes at any location and may not operate a diesel
Conditions of Approval for Plot Plan No. 2009-052 11 of 51
(Revised per Plot Plan No. 2014-113)
fueled auxiliary power system (APS) for more than 5 minutes at any
location within 100 feet of a restricted area (residences). Electrical
connections have been provided for your use. The minimum penalty for an
idling violation is $300.00. To report a violation please contact 1800-END-
SMOG".
ARCHEOLOGY
20. 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.
21. Inadvertent Archeological Find. If during ground disturbance activities,
unique cultural resources are discovered that were not assessed by the
archaeological report(s) and/or environmental assessment conducted prior
to project approval, the following procedures shall be followed. Unique
cultural resources are defined, for this condition only, as being multiple
artifacts in close association with each other, but may include fewer
artifacts if the area of the find is determined to be of significance due to its
sacred or cultural importance as determined in consultation with the Native
American Tribe(s).
i. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
developer, the archaeologist, the tribal representative(s) and the
Community Development Director to discuss the significance of the find.
ii. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
iii. Grading of further ground disturbance shall not resume within the area of
the discovery until an agreement has been reached by all parties as to
the appropriate mitigation.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Treatment and Monitoring
Agreements entered into with the appropriate tribes. This may include
avoidance of the cultural resources through project design, in -place
Conditions of Approval for Plot Plan No. 2009-052 12 of 51
(Revised per Plot Plan No. 2014-113)
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.
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
22. 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 Building and Safety
Department and the State air quality management authorities.
23. Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition throughout the life of this permit. To
ensure that this occurs, the Planning Department shall require inspections
prior to building permit final inspection.
24. Maintenance of Parks and Landscaping. All parks, 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:
25. Processing Fees for 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). Each submittal shall be accompanied with a letter
clearly indicating which condition or conditions the submittal is intended to
comply with.
Prior to Issuance of Grading Permit
26. Fugitive Dust Control. The project developer shall implement fugitive dust
control measures in accordance with Southern California Air Quality
Conditions of Approval for Plot Plan No. 2009-052 13 of 51
(Revised per Plot Plan No. 2014-113)
Management District (SCAQMD) Rule 403. The project developer shall
include in construction contracts the control measures required under Rule
403 at the time of development, including the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius) must
be swept (preferably with water weepers) and watered at least twice daily. Site
wetting must occur often enough to maintain a 10 percent surface soil moisture
content throughout all earth moving activities. All unpaved demolition and
construction areas shall be wetted at least twice daily during excavation and
construction, and temporary dust covers shall be used to reduce dust emissions
and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as
much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least three
times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible dirt
deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at
least twice daily;
g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wined breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds exceed
25 mph;
I. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent
excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-quarter
(12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate means to
prevent spillage and dust;
Conditions of Approval for Plot Plan No. 2009-052 14 of 51
(Revised per Plot Plan No. 2014-113)
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.
27. Mitigation Monitoring. The permittee shall prepare and submit a written
report to the Planning Director demonstrating compliance with those
conditions of approval and mitigation measures of this Plot Plan and
Addendum to E.A. No. 40567 which must be satisfied prior to the issuance
of a grading permit. The Planning Director may require inspection or other
monitoring to ensure such compliance.
ARCHEOLOGY
28. Archeologist Retained. Prior to issuance of a grading permit the project
applicant shall retain a Riverside County qualified archaeologist to monitor
all ground disturbing activities in an effort to identify any unknown
archaeological resources.
The Project Archaeologist and the representative(s) from the Native
American Tribe (s) shall be included in the pre -grade meetings to provide
cultural/historical sensitivity training including the establishment of set
guidelines for ground disturbance in sensitive areas with the grading
contractors. The Project Archaeologist and the Tribal representative(s)
shall manage and oversee monitoring for all initial ground disturbing
activities and excavation of each portion of the project site including
clearing, grubbing, tree removals, mass or rough grading, trenching,
stockpiling of materials, rock crushing, structure demolition and etc. The
Project Archaeologist and the Tribal representative(s), shall have the
authority to temporarily divert, redirect or halt the ground disturbance
activities to allow identification, evaluation, and potential recovery of
cultural resources in coordination with any required special interest or tribal
monitors.
The developer/permit holder shall submit a fully executed copy of the
contract to the Community Development Department to ensure compliance
Conditions of Approval for Plot Plan No. 2009-052 15 of 51
(Revised per Plot Plan No. 2014-113)
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. Revised per PP 2014-113
29. 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. Revised per
PP 2014-113
30. 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. Revised per
PP 2014-113
31. 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
Conditions of Approval for Plot Plan No. 2009-052 16 of 51
(Revised per Plot Plan No. 2014-113)
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). Added per PP 2014-113
FEES
32. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit,
the applicant shall comply with the provisions of Ordinance No. 663, which
generally requires the payment of the appropriate fee set forth in that
ordinance. The amount of the fee required 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 16.35 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.
33. Processing Fees. Prior to issuance of grading permits, the Planning
Department shall determine if the deposit based fees for Plot Plan No.
2009-052 are in a negative balance. If so, any outstanding fees shall be
paid by the applicant/developer.
Prior to Issuance of Building Permit
34. Acoustical Report. The permittee shall have four (4) copies of a certified
acoustical study performed by a professional acoustician prepared which
outlines methods by which interior sound levels within the hotel will be
maintained at no more than 45 db(A) and that airborne sound insulation
methods will comply with Chapter 35 of the Uniform Building Code. The
study shall be submitted to the Health Services Agency, Office of industrial
Hygiene for review and comment (the permittee may be assessed review
fees not to exceed the Agency's hourly rate) and shall forward the study
along with any comments of the Health Service Agency and corrections to
the Planning Department for approval. Approval of the report is required
prior to building permit issuance for the hotel building.
35. Dark Sky Ordinance. All street 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
Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", and the
General Plan.
Conditions of Approval for Plot Plan No. 2009-052 17 of 51
(Revised per Plot Plan No. 2014-113)
36. 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.
37. Floor Plans. Floor plans shall be in substantial conformance with that
shown on APPROVED EXHIBIT B.
38. Fencing. A fencing plan shall be submitted showing all wall and fence
locations and typical views of all types of fences or walls proposed. This
plan shall require anti -graffiti coatings on fences and walls, where
applicable.
39. Mitigation Monitoring. The permittee shall prepare and submit a written
report to the Planning Director demonstrating compliance with those
conditions of approval and mitigation measures of this plot plan and E.A.
No. 40567 which must be satisfied prior to the issuance of a building permit.
The Planning Director may require inspection or other monitoring to ensure
such compliance.
40. Material Board. The permittee shall submit three 4" x 4" color and finish
samples of all distinct colors and surfaces for Planning Department
approval. Coloration shall be compatible with the colors contained in
APPROVED EXHIBIT M.
41. Stamped Concrete. The developer shall submit plans for the stamped
concrete areas as shown on Exhibit A for review and approval by the
Planning Department. The plans shall indicate the design and materials to
be used. The plans shall be in substantial conformance to Approved
Exhibit A.
42. Legal Descriptions. Prior to the issuance of any building permit within a
Planning Area of Specific Plan No. 158 (Menifee California Specific Plan),
the first applicant, or their successor -in -interest, for a building permit within
each Planning Area shall submit to the Planning Department correct legal
descriptions for the Specific Plan Planning Area(s) within which the
proposed project is located.
43. Lighting Plan. Prior to building permit issuance, the developer shall
submit a lighting plan for the project site for review and approval by the
Planning Department. The lighting plan shall include parking lot lighting,
lighting along sidewalks within the shopping center and lighting affixed to
the buildings. Lighting fixtures shall be architecturally enhanced and no
shoe box lighting will be allowed within the project site. Added at by
Planning Commission at November 10, 2009 Planning Commission
Meeting. Approval of the lighting plan is required prior to building permit
issuance.
44. Architecture. Prior to building permit issuance, revised elevations shall be
provided to the Planning Department. The architecture for the site shall be
revised to include additional enhancements and architectural articulation as
Conditions of Approval for Plot Plan No. 2009-052 18 of 51
(Revised per Plot Plan No. 2014-113)
approved by the Planning Commission as a non-public hearing consent
item. Added by Planning Commission at November 10, 2009 Planning
Commission Meeting. Modified per EOT 2.
45. Security Systems. Prior to the issuance of building permits, the applicant
shall prepare a security plan for the site. The security plan shall include a
comprehensive security camera system that clearly depicts the parking field
and entrances to the buildings. The security camera system shall be based
in one of the buildings containing the management office for this
development, or inside a security office located within one of the retail
buildings that is accessible to law enforcement at all times of the day and
night or other location as approved by the Sherriff's Department. This
security camera system shall have a recording capacity to minimally save
footage for the period of one month. The above camera surveillance
system shall include LPR (License Plate Recognition) cameras installed at
the entrances/exits to this project. LPR cameras are cameras specifically
designed to read and record vehicle license plates as they enter and exit
the shopping center. It should be noted that high quality day/night vision
LPR cameras are relatively inexpensive. The Sherriff's Department and/or
Planning Department shall verify that the security system has been installed
prior to final occupancy. Added per EOT 2
46. Hotel Revisions. Once a specific hotel user is identified, a minor plot plan
shall be submitted for revised elevations for the hotel building prior to
building permit issuance for review, and approval by the Planning
Commission. The elevations for the hotel building shall utilize architectural
materials and features utilized throughout the shopping center, in particular
on the building's entrances, corners, and roof design.
Added COA per PP 2014-113
47. Outdoor Seating. Outdoor seating shall be provided as shown on
Approved Exhibit A in front of the Shops building and in other locations as
tenant appropriate and as space is provided. In total, a minimum seating
area of 5,250 square feet shall be provided across the entire site. Removal
of parking spaces may be allowed on an individual seating area basis if
additional space to accommodate seating in a given area is necessary and
shall be approved by the Community Development Director. A minor plot
plan shall be required to be submitted for any use proposing revised or
additional outdoor seating area to confirm the minimum outdoor seating
area is provided, adequate pedestrian walkways are provided, sufficient
parking is provided, and other relevant concerns addressed.
Prior to building permit issuance for any of the Outparcel buildings or Shops
building as identified on APPROVED EXHIBIT A, outdoor seating and
associated amenities shall be shown on building and/or landscape plans
and the size of outdoor seating area provided calculated, unless otherwise
approved by the Community Development Director.
Prior to any building permit that exceeds 90,400 square feet of total building
area for the shopping center, a minimum of 50% of the required outdoor
Conditions of Approval for Plot Plan No. 2009-052 19 of 51
(Revised per Plot Plan No. 2014-113)
seating (2,625 square feet) shall be provided across the site, unless
otherwise approved by the Community Development Director.
Added COA per PP 2014-113
48. Roof -Mounted Equipment Plans. Roof -mounted equipment shall be
shielded from ground view. All building plans shall show all roof -mounted
equipment and methods for screening and shall be submitted to the
Community Development Department for review and approval prior to
Building Permit issuance. The plans shall be approved prior to issuance of
a Building Permit. Screening material shall be subject to Community
Development Department approval. Community Development staff will
verify that all roof -mounted equipment has been screened in compliance
with the approved plans prior to final occupancy.
49. Corner Monument. Prior to building permit issuance for any building
within the shopping center, a minor plot plan shall be submitted for review
and approval of the detailed design of the corner monument. The plans
shall be in substantial conformance with the conceptual corner monument
design shown in APPROVED EXHIBIT S.
50. Waste Recycling Plan. Prior to the issuance of a building permit for each
building, a Waste Recycling Plan (WRP) shall be submitted to the Riverside
County Waste Management Department for approval. At a minimum, the
WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will
be generated by construction and development, the projected amounts, the
measures/methods that will be taken to recycle, reuse, and/or reduce the
amount of materials, the facilities and/or haulers that will be utilized, and the
targeted recycling or reduction rate. During project construction, the project
site shall have, at a minimum, two (2) bins; one for waste disposal and the
other for the recycling of Construction and Demolition (C&D) materials.
Additional bins are encouraged to be used for further source separation of
C&D recyclable materials. Accurate record keeping (receipts) for recycling
of C&D recyclable materials and solid waste disposal must be kept.
Arrangements can be made through the franchise hauler.
FEES
51. Fees. Prior to issuance of building permits, the Planning Department shall
determine if the deposit based fees for project are in a negative balance. If
so, any outstanding fees shall be paid by the applicant/developer.
52. Perris Union School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
53. Menifee Union School District. Impacts to the Menifee Union School
District shall be mitigated in accordance with California State law.
LANDSCAPING
Conditions of Approval for Plot Plan No. 2009-052 20 of 51
(Revised per Plot Plan No. 2014-113)
54. Landscaping Plan. The developer shall submit three (3) sets of Final
Landscaping and Irrigation Plans to the Planning Department for review
and approval. Said plan shall be submitted to the Department in the form of
a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1)
(Plot Plans not subject to the California Environmental Quality Act and not
subject to review by any governmental agency other than the Planning
Department), along with the current fee.
The plan shall be in compliance with APPROVED EXHIBIT L, Menifee
Municipal Code Chapter 15.04 and the conditions of approval. The plan
shall show all common open space areas. The plan shall address all areas
and conditions of the project requiring landscaping and irrigation to be
installed including, but not limited to, (slope planting, common area and/or
park landscaping). Emphasis shall be placed on using plant species that
are drought tolerant and which have low water usage. Landscaping and
Irrigation Plot Plans shall be prepared consistent with Menifee Municipal
Code Chapter 15.04 (as adopted and any amendments thereto), the
Riverside County Guide to California Landscaping, Eastern Municipal
Water District requirements and Ordinance No. 348, Section 18.12.
Landscaping plans for areas that are totally within the road right-of-way
shall be submitted to the Engineer Department only. Slope Landscaping
plans for slopes exceeding 3 feet in height shall be submitted to the
Engineering Department. NOTES: The Landscape plot plan may include
the requirements of any other minor plot plan required by the subdivision
conditions of approval. However, minor plot plan conditions of approval
shall be cleared individually. Approval of landscaping plans is required prior
to building permit issuance.
The irrigation plan shall be in compliance with Section 18.12 of Ordinance
No. 348, and include a rain shut-off device which is capable of shutting
down the entire system. In addition, the plan will incorporate the use of in -
line check valves, or sprinkler heads containing check valves to prohibit low
head drainage.
If the above mentioned landscaping plans do not include shading and
parking landscaping, prior to issuance of building permits, three (3) copies
of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted
to and approved by the Planning Department. The location, number, genus,
species, and container size of plants shall be shown. Plans shall meet all
applicable requirements of Menifee Municipal Code Chapter 15.04 (as
adopted and any amendments thereto), the Riverside County Guide to
California Friendly Landscaping, Eastern Municipal Water District
requirements and Ordinance No. 348, Sections 18.12, and 19.300 through
19.304 and as specified herein. The irrigation plan shall include a smart
controller capable of adjusting watering schedule based on weather data. In
addition, the plan will incorporate the use of in -line check valves, or
sprinkler heads containing check valves to prohibit low head drainage.
Conditions of Approval for Plot Plan No. 2009-052 21 of 51
(Revised per Plot Plan No. 2014-113)
A six inch high curb with a six (6) inch wide walkway or monolithic twelve
(12) inch curb shall be constructed along planters on end stalls adjacent to
automobile parking areas.
Note on Conceptual Plans
The conceptual landscaping plans show general locations for shrubs and
groundcover, but does not specify the exact planting location. Therefore,
the Planning Department may require the addition of plants, change the
space of plants, change the type of plants, or change the size of plants on
the working drawing.
Interim Landscaping
Graded but undeveloped land shall be maintained in a condition so as to
prevent a dust and/or blow sand nuisance and shall be either planted with
interim landscaping or provided with other wind and water erosion control
measures as approved by the Planning Department, Building Department
and the State air quality management authorities.
Enhanced Paving
The landscaping and irrigation plans shall show the location and types of
hardscape, including enhanced paving, throughout the site consistent with
APPROVED EXHIBIT A and EXHIBIT L.
Crime Prevention through Environmental Design Guidelines
All plants, landscaping and foliage shall fall within current CPTED (Crime
Prevention through Environmental Design) guidelines.
Per City of Menifee Landscape Architect, the following corrections shall be
made from the conceptual plan to the final landscape plan:
1. Add note on plan under "LANDSCAPE NOTES": "Off site
and on site landscape improvements shall be separated by
concrete headers (6" x 6")
2. Show proposed parking lot light standards on plan to avoid
conflicts with required parking lot shade trees and street
trees.
3. Callouts and labels are too small and fuzzy, all fonts and
symbols should be readable.
4. Clarify landscape symbols on plan/add all landscape and
planting symbols to Legend.
Revised COA per PP 2014-113
55. Landscape Inspections. Prior to issuance of building permits, the permit
holder shall open a Landscape deposit based fee account 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 the
pre -installation, installation, Six Month and One Year Landscape
Inspections will be determined by the Planning Department's Landscape
personnel prior to approval of the requisite Minor Plot Plan for Planting and
Irrigation. Revised per EOT 2
Conditions of Approval for Plot Plan No. 2009-052 22 of 51
(Revised per Plot Plan No. 2014-113)
Prior to Final Inspection
56. Roof -Mounted Equipment. Prior to final occupancy, Community
Development staff will verify that all roof -mounted equipment has been
screened in compliance with the approved plans.
57. Trash Enclosures. Eleven (11) trash enclosures which are adequate to
enclose a minimum of twenty-two (22) bins shall be located as shown on
the APPROVED EXHIBIT A, and shall be constructed prior to the issuance
of occupancy permits. The trash enclosures shall be architecturally
enhanced. The enclosures shall be a minimum of six (6) feet in height and
shall be made with masonry block, including a masonry cap, and a solid
gate which screens the bins from external view. A "hands -free" pedestrian
entrance shall be provided for each trash enclosure.
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 enclosures or as approved by the
City. 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.
58. Phasing. If the project has been phased, all facilities meant to serve the
current phase of development shall be installed in a usable condition.
Project landscaping may not all be deferred until the final phase.
59. Condition Compliance. The Department of Building and Safety shall verify
that the Development Standards of this approval and all other preceding
conditions have been complied with prior to any use allowed by this permit.
60. Mitigation Monitoring. The permit holder shall prepare and submit a
written report to the Planning Department demonstrating compliance with
all remaining conditions of approval and mitigation measures of this permit
and Addendum to E.A. No. 40567. The Planning Director may require
inspection or other monitoring to ensure such compliance.
61. Comply with Acoustical Study. The permit holder shall construct and
design the project in compliance with the recommendations of an approved
acoustical study, as reviewed and, as the case may be, modified by the
Department of Environmental Health, Office of Industrial Hygiene and
approved by the Planning Department.
The permit holder may be required to submit to the Planning Department a
written certification from a state licensed professional that the project was
constructed in compliance with the recommendations of the approved
acoustical study. The Planning Department may require further inspection
by county staff to assure project compliance with this condition of approval.
Conditions of Approval for Plot Plan No. 2009-052 23 of 51
(Revised per Plot Plan No. 2014-113)
62. Remove Outdoor Advertising. All existing outdoor advertising displays,
signs or billboards shall be removed.
63. Pool Fencing. All swimming pools and spas shall be properly enclosed
with minimum five (5) foot high fencing and self -latching gates as required
by the state building code (Title 24), notwithstanding any other provisions of
Ordinance No. 421 to the contrary. Commercial/Public Swimming pools and
spas shall provide or access by physically -handicapped persons.
64. Hardscaping, Outdoor Furniture and Public Art. All hardscaping,
including enhanced paving, outdoor furniture and public art shall have been
installed in accordance with the approved landscaping, irrigation and
shading plans.
65. Outdoor Seating. Outdoor seating shall be provided as shown on
Approved Exhibit A in front of the Shops building and in other locations as
tenant appropriate and as space is provided. In total, a minimum seating
area of 5,250 square feet shall be provided across the entire site. Removal
of parking spaces may be allowed on an individual seating area basis if
additional space to accommodate seating in a given area is necessary and
shall be approved by the Community Development Director. Modified per
EOT2
66. Security Systems. The Riverside County Sheriff Department and/or
Planning Department shall verify that the security system has been installed
in compliance with the Riverside County Sherriff Department's
requirements prior to final occupancy. Added per EOT 2
67. 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, stamped paving, signage, outdoor
seating, etc. The permitee shall have all required paving, parking, walls,
site lighting, landscaping and automatic irrigation installed and in good
condition. Added per EOT 2
68. Waste Management Clearance. Prior to issuance of an occupancy permit
for each building, 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.
LANDSCAPING
69. Soil Management Plan
The permittee shall submit a Soil Management Plan (Report) to the
Planning Department before the Landscape Installation Inspection. The
report can be sent in electronically. Information on the contents of the
Conditions of Approval for Plot Plan No. 2009-052 24 of 51
(Revised per Plot Plan No. 2014-113)
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?"
Added per EOT 2
70. Landscape Inspection. The permit holder's landscape architect
responsible for preparing the Landscaping and Irrigation Plans shall
arrange for an Installation Inspection with the Planning Department at least
fifteen (15) working days prior to final Inspection of the structure or
issuance of occupancy permit, whichever occurs first. Upon successful
completion of the Installation Inspection and compliance, both the Planning
Department's Landscape Inspector and the permit holder's landscape
architect shall execute a Certificate of Completion that shall be submitted to
the Planning Department and the Department of Building and Safety.
71. Landscape Installation. All required landscape planting and irrigation shall
have been installed in accordance with approved Landscaping, Irrigation,
and Shading Plans, Ordinance No. 859 (as adopted and any amendments
thereto), Eastern Municipal Water District requirements and the Riverside
County Guide to California Landscaping. All landscape and irrigation
components shall be in a condition acceptable to the Planning Department.
The plants shall be healthy and free of weeds, disease or pests. The
irrigation system shall be properly constructed and determined to be in
good working order.
72. Curbs for Landscape Planters. A six inch high curb with a six (6) inch
wide walkway or monolithic twelve (12) inch curb shall be constructed along
planters on end stalls adjacent to automobile parking areas.
73. Final Landscape Approval. The final landscape approval following
installation shall be subject to the review and approval of the City's
Landscape Architectural Consultant and the Community Development
Director. The Community Development Director may require additional
trees, shrubs and/or groundcover as necessary, if site inspections reveal
landscape deficiencies that were not apparent during the plan review
process.
FEES
74. Ordinance No. 659 Fee (DIF). Prior to the issuance of either a certificate
of occupancy or prior to building permit final inspection, the applicant shall
comply with the provisions of Ordinance No. 659, which requires the
payment of the appropriate fee set forth in the Ordinance. Ordinance No.
659 has been established to set forth policies, regulations and fees related
to the funding and 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.
The fee shall be paid for each residential unit to be constructed within this
land division. In the event Ordinance No. 659 is rescinded, this condition
will no longer be applicable. However, should Ordinance No. 659 be
Conditions of Approval for Plot Plan No. 2009-052 25 of 51
(Revised per Plot Plan No. 2014-113)
rescinded and superseded by a subsequent mitigation fee ordinance,
payment of the appropriate fee set forth in that ordinance shall be required.
75. 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 applicant shall comply with
the provisions of Ordinance No. 810, which requires the payment of the
appropriate fee set forth in the Ordinance.
The amount of the fee will be based on the "Project Area" as defined in the
Ordinance and the aforementioned Condition of Approval.
The Project Area for Plot Plan No. 2009-052 is calculated to be 16.35 net
acres.
In the event Ordinance No. 810 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 810 be rescinded and
superseded by a subsequent mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
76. Fees. Prior to issuance of occupancy/final inspections, the Planning
Department shall determine if the deposit based fees for project are in a
negative balance. If so, any outstanding fees shall be paid by the
applicant/developer.
Conditions of Approval for Plot Plan No. 2009-052 26 of 51
(Revised per Plot Plan No. 2014-113)
Section III:
Engineerinq/Transportatio
Grading Conditions of Approval
Conditions of Approval for Plot Plan No. 2009-052 27 of 51
(Revised per Plot Plan No. 2014-113)
General Conditions
77. Grading Requirements. Improvements such as grading, filling, over
excavation and recompaction, and base or paving which require a grading
permit are subject to the included Building and Safety Department Grading
Division conditions of approval.
All grading shall conform to the California Building Code, Ordinance 457,
and all other relevant laws, rules, and regulations governing grading in
Riverside County and prior to commencing any grading which includes 50
or more cubic yards, the applicant shall obtain a grading permit from the
Public Works Department.
Ordinance 457 requires a grading permit prior to clearing, grubbing, or any
top soil disturbances related to construction grading.
78. Slopes. Graded slopes shall be limited to a maximum steepness ratio of
2:1 (horizontal to vertical) unless otherwise approved.
79. Drainage Grade. Minimum drainage grade shall be 1% except on portland
cement concrete where .35% shall be the minimum.
80. Slope Setbacks. Observe slope setbacks from buildings & property lines
per the Uniform Building Code as amended by Ordinance 457.
81. Parking Paving. All off-street parking areas which are conditioned to be
paved shall conform to Ordinance 457 base and paving design and
inspection requirements.
82. Paving Inspections. The developer/applicant shall be responsible for
obtaining the paving inspections required by Ordinance 457.
83. Traffic Study. The Transportation Department has reviewed the traffic
study submitted for the referenced project. The study has been prepared in
accordance with County -approved guidelines. We generally concur with the
findings relative to traffic impacts.
The General Plan circulation policies require a minimum of Level of Service
'C', except that Level of Service 'D' may be allowed in community
development areas at intersections of any combination of secondary
highways, major highways, arterials, urban arterials, expressways or state
highways and ramp intersections.
The study indicates that it is possible to mitigate the project's impacts for
the following intersections based on the traffic study assumptions.
Haun Road (NIS) at:
Newport Road (EW)
1-215 Southbound Ramps (NIS) at:
Newport Road (EW)
Conditions of Approval for Plot Plan No. 2009-052 28 of 51
(Revised per Plot Plan No. 2014-113)
1-215 Northbound Ramps (NS) at: Newport Road (EW)
Antelope Road (NS) at:
Balsa Road (EW)
Pampas Street (EW)
Palm Villa Drive (EW)
Newport Road (EW)
La Piedra Road (EW)
Menifee Road (NS) at:
Newport Road (EW)
As such, the proposed project is consistent with this General Plan policy.
The associated conditions of approval incorporate mitigation measures
identified in the traffic study, which are necessary to achieve or maintain the
required level of service.
84. Prior to issuance of construction permit for street improvements, the
Owner/Applicant shall submit to Public Works Engineering
Department a special study canalizing queuing expected from the
project development for left turns storage pockets along Antelope
Road with potential mitigation measures to accommodate the lack of
storage, which could include Intelligent Transportation Systems. The
City of Menifee will not approve final signing and striping plans until
the special study is accepted and approved by the Public Works
Engineering Department. The Owner/Applicant will be responsible for
the full cost of reviewing the special study.
85. Ordinance No. 460 and 461. With respect to the conditions of approval for
the referenced tentative exhibit, the landowner shall provide all street
improvements, street improvement plans and/or road dedications set forth
herein in accordance with Ordinance 460, City Road Improvement
standards (Ordinance 461) and to the satisfaction of the City Engineering
Department. It is understood that the exhibit correctly shows acceptable
centerline elevations, all existing easements, traveled ways, and drainage
courses with appropriate Q's, and that their omission or unacceptability may
require the exhibit to be resubmitted for further consideration. These
Ordinances and all conditions of approval are essential parts and a
requirement occurring in ONE is as binding as though occurring in all. All
questions regarding the true meaning of the conditions shall be referred to
the City Engineer.
86. Newport Road Dedication. Within 60 days of approval of the current
Extension of Time, the applicant/property owner shall provide the
necessary dedication of Newport Road to the City of Menifee along the
project's frontage on Newport Road.
Conditions of Approval for Plot Plan No. 2009-052 29 of 51
(Revised per Plot Plan No. 2014-113)
Prior to Issuance of Grading Permit
87. Security Posting for Grading. Grading in excess of 199 cubic yards will
require performance security to be posted with the Building and Safety
Department. Single Family Dwelling units graded one lot per permit and
proposing to grade less than 5,000 cubic yards are exempt.
88. Erosion Control. Erosion control - landscape plans, required for
manufactured slopes greater than 3 feet in vertical height, are to be signed
by a registered landscape architect and bonded per the requirements of
Ordinance 457, see form 284-47.
89. Grading shall Comply with Geotechnical Report. Geotechnical soils
reports, required in order to obtain a grading permit, shall be submitted to
the Public Works Department's Grading Division for review and approval
prior to issuance of a grading permit.
All grading shall be in conformance with the recommendations of the
geotechnical/soils reports as approved by Riverside County or the City of
Menifee.`
'The geotechnical/soils, compaction and inspection reports will be reviewed
in accordance with the RIVERSIDE COUNTY GEOTECHNICAL
GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGIC
REPORTS.
90. Grading and Drainage to Comply with Flood. All grading and drainage
shall be designed in accordance with the City of Menifee ordinances and
policies, and the Riverside County Flood Control & Water Conservation
District's conditions of approval regarding this application. If not specifically
addressed in their conditions, drainage shall be designed to accommodate
100 year storm flows.
Additionally, the Building and Safety Department's conditional approval of
this application includes an expectation that the conceptual grading plan
reviewed and approved for it complies or can comply with any WQMP
(Water Quality Management Plan) required by Riverside County Flood
Control & Water Conservation District.
91. Easement or Permission for Grading. Prior to the issuance of a grading
permit, it shall be the sole responsibility of the owner/applicant to obtain any
and all proposed or required easements and/or permissions necessary to
perform the grading herein proposed.
92. NPDES. Prior to issuance of any grading or construction permits -
whichever comes first - the applicant shall provide the Public Works
evidence of compliance with the following: "Effective March 10, 2003 owner
operators of grading or construction projects are required to comply with the
N.P.D.E.S. (National Pollutant Discharge Elimination System) requirement
to obtain a construction permit from the State Water Resource Control
Board (SWRCB). The permit requirement applies to grading and
Conditions of Approval for Plot Plan No. 2009-052 30 of 51
(Revised per Plot Plan No. 2014-113)
construction sites of "ONE" acre or larger. The owner operator can comply
by submitting a "Notice of Intent' (NOI), develop and implement a STORM
WATER POLLUTION PREVENTION PLAN (SWPPP) and a monitoring
program and reporting plan for the construction site. For additional
information and to obtain a copy of the NPDES State Construction Permit
contact the SWRCB at (916) 657-1146.
Additionally, at the time the county adopts, as part of any ordinance,
regulations specific to the N.P.D.E.S., this project (or subdivision) shall
comply with them.
93. Import/Export. In instances where a grading plan involves import or export,
prior to obtaining a grading permit, the applicant shall have obtained
approval for the import/export location from the Public Works Department. If
an Environmental Assessment, prior to issuing a grading permit, did not
previously approve either location, a Grading Environmental Assessment
shall be submitted to the Planning Director and the Environmental
Programs Director for review and comment and to the Public Works
Department Director for approval. Additionally, if the movement of
import/export occurs using City roads, review and approval of the haul
routes by the Public Works Department will be required.
94. Caltrans. Prior to issuance of construction permits, grading and drainage
plans shall be forwarded to Caltrans for their review. The grading and
drainage plans shall identify site runoff impacts to the right-of-way and
include potential for erosion within the right-of-way. The plans shall identify
the capacity of existing drainage structures within the right-of-way where
connections between private and Caltrans systems are proposed. Existing
capacity of affected State drainage systems cannot be exceeded. Should
100 year project runoff volumes be determined to exceed the maximum
capacity of the existing State drainage facilities, construction of on -site
detention basins, new drainage systems or other impact mitigation will be
required.
An encroachment permit will be required from Caltrans prior to any
construction within the State right-of-way. In addition, all work undertaken
within the right-of-way shall be in compliance to all current design
standards, applicable policies and construction practices.
Prior to Issuance of Building Permit
95. Grading Permit. Prior to issuance of any building permit, the property
owner shall obtain a grading permit and/or approval to construct from the
Engineering Department.
96. Traffic Signals. The project proponent shall be responsible for the design
of traffic signal(s) at the intersections of:
Antelope Road (NS) at:
Pampas Street (EW)
Palm Villa Drive (EW) Newport Road (EW) (modification)
Conditions of Approval for Plot Plan No. 2009-052 31 of 51
(Revised per Plot Plan No. 2014-113)
with no fee credit given for Traffic Signal Mitigation fees.
The project proponent shall comply in accordance with traffic signal
requirements within public road rights -of -ways directed by the City
Engineering Department. Assurance of traffic signal maintenance is required
by filing an application for annexation to Landscaping and Lighting
Maintenance District No. 89-1-Consolidated for the required traffic signal(s).
These requirements shall be applicable, unless otherwise completed by the
1-215/Newport Road Interchange Project.
97. Street Improvements. Prior to the issuance of any building permit of the
following geometrics shall be provided:
The intersection of Antelope Road (NS) at Newport Road (EW) shall be
improved to provide the following geometrics:
Northbound: two left -turn lanes, one through lane, one shared through/right-
turn lane
Southbound: two left -turn lanes, one through lane, two right -turn lanes
Eastbound: two left -turn lanes, two through lanes, one shared through/right-
turn lane
Westbound: one left -turn lane, two through lanes, one shared through/right-
turn lane
These requirements shall be applicable, unless otherwise completed by the
1-215/Newport Road Interchange Project.
The intersection of Antelope Road (NS) at North Project Access Drive (EW)
shall be improved to provide the following geometrics:
Northbound: two through lanes
Southbound: one through lane, one shared through/right-turn lane
Eastbound: one right -turn lane
Westbound: N/A
NOTE: Driveway will be restricted to right -turns in and out only.
The intersection of Antelope Road (NS) at Balsa Road (EW) shall be
improved to provide the following geometrics:
Northbound: one left -turn lane, one through lane, one shared through/right-
turn lane
Southbound: one left -turn lane, one through lane, one shared through/right-
turn lane
Eastbound: one shared left-turn/through/right-turn lane
Westbound: one shared left-turn/through/right-turn lane
The intersection of Antelope Road (NS) at Palm Villa Drive (EW) shall be
improved to provide the following geometrics:
Conditions of Approval for Plot Plan No. 2009-052 32 of 51
(Revised per Plot Plan No. 2014-113)
Northbound: one left -turn lane, one through lane, one shared through/right-
turn lane
Southbound: one left -turn lane, one through lane, one shared through/right-
turn lane
Eastbound: one left -turn lane, one shared through/right-turn lane
Westbound: one shared left -turn, through/right-turn lane
Or as approved by the City Engineer.
All improvements listed are requirements for interim conditions only. Full
right-of-way and roadway half sections adjacent to the property for the
ultimate roadway cross-section per the City's Road Improvement Standards
and Specifications must be provided.
Any off -site widening required to provide these geometrics shall be the
responsibility of the landowner/developer.
The intersection of Antelope Road (NS) at Project Access (between Balsa
Road and Pampas Street) (EW) shall be improved to provide the following
geometrics:
Northbound: two through lanes
Southbound: one through lane, one shared through/right-turn lane
Eastbound: one right -turn lane
Westbound: N/A
NOTE: Driveway will be restricted to right -turns in and out only.
The intersection of Antelope road (NS) at Pampas Street (EW) shall be
improved to provide the following geometrics:
Northbound: one left -turn lane, one through lane, one shared through/right-
turn lane
Southbound: one left -turn lane, one through lane, one shared through/right-
turn lane
Eastbound: one left -turn lane, one shared through/right-turn lane
Westbound: one shared left-turn/through/right-turn lane
The City shall construct and pay for all street improvements to Newport
Road as will be shown on the final approved plans to the 1-215/Newport
Road Interchange Project (Improvements).
The City shall construct and pay for the curb return, at the intersection of
Newport Road and Antelope Road, to match the proposed additional right
turn lane for Antelope Road as shown on IP09-004.
In the event that the Developer of Menifee Lakes Plaza begins construction
of their development prior to the City commencing or completing the
improvements:
Conditions of Approval for Plot Plan No. 2009-052 33 of 51
(Revised per Plot Plan No. 2014-113)
a. The Developer shall coordinate with the City the timing of construction of
the Antelope Road right turn lane and the Newport Road Improvements.
b. Such coordination may involve allowing the Developer to postpone the
construction of the Antelope right turn lane improvements, until the
Improvements to Newport Road are completed.
c. In the event that such a postponement occurs, the Developer shall
construct all remaining improvements as shown on the approved
improvements plans IP09-004, regardless of the status of the
Improvements on Newport Road or as approved by the City Engineer.
98. Right -of -Way. Sufficient public street right-of-way along Antelope Road
from gas station driveway to Newport Road shall be conveyed for public
use to provide for a 50' to 62 foot half -width right-of-way.
Sufficient public street right-of-way along Newport Road shall be conveyed
for public use to provide for an 84' to 96 foot half -width right-of-way. The
above dedication shall be within the City right-of-way limits located 400'
approximately west of Antelope Road centerline.
Sufficient public street right-of-way along Newport Road and northbound
on -ramp right-of-way shall be conveyed for public use to provide for a half -
width right-of-way in conformance with Caltrans requirements.
99. Raised Median along Antelope. A raised median with appropriate
landscaping shall be provided along Antelope Road extending from the
Palm Villa Drive, with breaks at the project driveways at Pampas Street and
Balsa Road, to the northern boundary of the project, or as approved by the
City Engineer. The median shall be shown on the street improvement
plans. Landscaping plans for the raised median shall be submitted to the
Engineering Department for review and approval. Added at by Planning
Commission at November 10, 2009 Planning Commission Meeting.
100. Menifee Valley Road and Bridge Benefit District. Prior to the issuance
of a building permit, the project proponent shall pay fees in accordance with
Zone "D" of the Menifee Valley Road and Bridge Benefit District. All fees
are based upon the fee schedule in effect at the time of issuance of the
permit.
The project net acreage is 16 acres approximately.
101. Corner Cutbacks. The corner cutback at intersection of Newport Road
and Antelope Road shall be applied per Standard 805, Ordinance 461.
102. Annexation. Prior to the issuance of a building permit, the project
proponent shall comply with City requirements within Newport Road and
Antelope Road public road rights -of -way, in accordance with Ordinance
461. Assurance of maintenance is required by filing an application for
annexation to Said annexation should include the following:
Conditions of Approval for Plot Plan No. 2009-052 34 of 51
(Revised per Plot Plan No. 2014-113)
(1) Landscaping.
(2) Street lights.
(3)Traffic signals located on Newport Road at intersection of Antelope
Road.
(4) Graffiti abatement of walls and other permanent structure.
(5) Street sweeping.
For street lighting, the project proponent shall contact the Transportation
Department L&LMD 89-1-C Administrator and submit the following:
(1) Completed Transportation Department application.
(2) Appropriate fees for annexation.
(3) (2) sets of street lighting plans approved by Transportation
Department.
(4) "Streetlight Authorization" form from SCE or other electric provider.
103. Street Lighting Plan. A separate street light plan and/or a separate
bridge light plan is required for this project. Street (and/or bridge) lighting
shall be designed in accordance with County Ordinance 460 and Streetlight
Specification Chart found in Specification Section 22 of Ordinance 461. For
projects within SCE boundaries use County of Riverside Ordinance 461,
Standard No. 1000 or No. 1001. For projects within Imperial Irrigation
District (IID) use IID's pole standard. The developer shall annex into the
L&LMD for power payment.
104. Landscaping in Right -of -Way. Landscaping within public road right-of-
way shall comply with.
105. Dedication of Driveway Entries. The applicant shall dedicate roadway
easements for maintenance purposes at driveway entries of Palm Villa
Drive and Pampas Street as shown on Entry Exhibits transmitted by CSL
Engineering on 2/23/09 and as directed by City Engineering Department.
106. Clearance from Caltrans. Prior to issuance of a building permit or any
use allowed by this permit, and prior to doing any work within the State
highway right-of-way, clearance and/or an encroachment permit must be
obtained by the applicant from the District 08 Office of the State
Department of Transportation in San Bernardino.
107. Trash Enclosures — The City of Menifee is a Co-Permittee for
discharging stormwater from its MS4 facilities pursuant to the Santa Ana
Regional Water Quality Control Board Order No. R8-2010-0033, MS4
NPDES Permit No. CAS 618033. Direct rain water or wastewater runoff
from trash enclosure is prohibited. Trash enclosures in new developments
and redevelopment projects shall meet new storm water quality standards
as follows:
a) They shall have a solid impermeable roof with a minimum
clearance height to allow the bin lid to completely open.
Conditions of Approval for Plot Plan No. 2009-052 35 of 51
(Revised per Plot Plan No. 2014-113)
b) They shall be constructed of reinforced masonry without wooden
gates. Walls shall be at least 6' high.
c) They shall have a concrete slab floor. The concrete slab shall be
graded to collect any spill within the enclosure.
d) A floor drain from the interior of the enclosure as described below
shall be provided to convey any spill.
e) All trash bins in the trash enclosure shall be leak free and shall
have a lid and be continuously closed.
f) The enclosure area shall be protected from receiving direct rainfall
or run-on from collateral surfaces.
A floor drain from the interior of the enclosure that discharges to adjacent
landscape areas properly designed to perform as BMP to treat this
drainage is preferred.
An alternate floor drain from the interior of the enclosure that discharges
to the sanitary sewer may be constructed after obtaining approval by
EMWD. This option requires the following:
a) The trash enclosure shall be lockable and locked when not in use
with a 2-inch or larger brass resettable combination lock. Only the
employees and staff authorized by the enclosure owner shall have
access to it. This requirement may make this option not applicable
to apartment and commercial complexes with multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of
gasses from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection
nearby with an approved backflow preventer. The spigot shall be
protected and located at the rear of the enclosure to prevent
damage from bins.
Any standing liquids in existing trash enclosures without a floor drain must
be cleaned up and disposed of properly using a mop and a bucket or a
wet/dry vacuum machine. All non hazardous liquids without solid trash
may be put in the sanitary sewer.
The use of uncovered trash enclosures is not permitted. However it may
be approved by the Engineering Department if the project meets any of
the following exceptions:
a) An existing trash enclosure that is within an area subject to
Planning Department setback restriction for structures.
b) No location exists where a proposed trash enclosure can be
constructed without violating Planning, Fire and Building and
Safety Department restrictions.
c) Uncovered trash enclosures shall be graded to drain to adjacent
landscape areas designed to perform as a BMP.
The location of Trash enclosures shall not obstruct sight distance.
Added per EOT1
Prior to Building Final Inspection
108. Paving Inspections. The developer/applicant shall be responsible for
obtaining the paving inspections required by Ordinance 457.
Conditions of Approval for Plot Plan No. 2009-052 36 of 51
(Revised per Plot Plan No. 2014-113)
109. Traffic Signals. The project proponent shall be responsible for the
construction and installation of all traffic signals, unless otherwise noted.
Prior to the final building inspection, the following traffic signal(s) shall be
installed and operational:
Antelope Road (NS) at:
Palm Villa Drive (EW)
Newport Road (EW) (modification)
Antelope Road (NS) at:
Pampas Street (EW)
With no fee credit given for Traffic Signal Mitigation Fees.
110. Traffic Signal Interconnect. The project proponent shall be required to
provide full traffic signal interconnect between the traffic signals on
Antelope Road at Pampas Street, Palm Villa Drive, and Newport Road.
The project proponent shall provide for the future interconnection of the
traffic signal at Antelope Road and Newport Road to the west by installing
signal interconnect conduits along the project's frontage on Newport Road.
The project proponent shall provide for the future interconnection of the
traffic signal at Antelope Road and Pampas Street to the north by installing
signal interconnect conduits along Antelope Road from Pampas Street to
the project's north property boundary.
Or as approved by the City Engineer.
111. Improvement Plans. Improvement plans for the required improvements
must be prepared and shall be based upon a design profile extending a
minimum of 300 feet beyond the project boundaries at a grade and
alignment as approved by the City Engineering Department. Completion of
road improvements does not imply acceptance for maintenance by City.
9
The offsite Improvement Plan IP09-004 was approved on March 22,
2011 and is subject to revisions to reflect any change in field
conditions and new or revised standard plans prior to construction.
The Engineer of record shall update the Improvement Plan with delta
revisions to the satisfaction of the City Engineer. Added per EOT1
112. Street Design Coordination. The street design and improvement
concept of this project shall be coordinated with Newport Road/1-215
interchange project 135-0682.
113. Comply with CalTrans. The project proponent shall comply with the
Caltrans recommendations as outlined in their letter dated August 28, 2008.
Conditions of Approval for Plot Plan No. 2009-052 37 of 51
(Revised per Plot Plan No. 2014-113)
114. Signing and Striping Plan. A signing and striping plan is required for this
project. The project proponent shall be responsible for any additional
paving and/or striping removal caused by the striping plan. The striping
plan shall provide striping for an eight -foot bike lane on Antelope Road (up
to the Palm Villa Drive driveway).
The offsite Signing and Striping Plan IP09-004 was approved on March
22, 2011 and is subject to revisions to reflect any change in field
conditions and new or revised standard plans prior to construction.
The Engineer of record shall update the Signing and Striping Plan
with delta revisions to the satisfaction of the City Engineer. Added per
EOT1
115. TUMF Fees. Prior to the issuance of an occupancy permit for the first
unit, the project proponent shall pay the Transportation Uniform Mitigation
Fee (TUMF) in accordance with the fee schedule in effect at the time of
issuance, pursuant to Ordinance No. 824.
116. Street Lighting Authorization. Prior to OCCUPANCY, the project
proponent shall submit to Transportation Department Permits the following:
1) "Streetlight Authorization" form approved by L&LMD No. 89-1-C
Administrator.
2) Letter establishing interim energy account from SCE or other
electric provider.
117. Install Street Lights. Install streetlights along the streets associated with
development in accordance with the approved street lighting plan and
standards of County Ordinances 460 and 461. For projects within IID use
IID's pole standard.
Street light annexation into L&LMD or similar mechanism as approved by
the Department shall be completed.
It shall be the responsibility of the Developer to ensure that street lights are
energized along the streets associated with this development where the
developer is seeking Building Final Inspection (Occupancy).
118. Construction in Right -of -Way. On existing curb and gutter, new
driveways, closure of existing driveways, sidewalks and/or drainage
devices within right-of-way, including sewer and water laterals on Antelope
Road shall be constructed within the dedicated right-of-way in accordance
with City Standards, Ordinance 461. Such construction shall be shown on
existing street improvement plans and approved and permitted by the City
Engineering Department.
NOTE: Construct 6' sidewalk, curb adjacent.
119. Annexation. Prior to issuance of an occupancy permit, the project
proponent shall complete annexation to Landscaping and Lighting
Maintenance District No. 89-1-Consolidated, and/or any other maintenance
Conditions of Approval for Plot Plan No. 2009-052 38 of 51
(Revised per Plot Plan No. 2014-113)
district approved by the Transportation Department for continuous
maintenance within public road rights -of -way, on Newport Road and
Antelope Road, in accordance with Ordinance 461. Said annexation should
include the following:
(1) Landscaping.
(2) Street lights.
(3) Traffic signals located on Newport Road at intersection of Antelope
Road.
(4) Graffiti abatement of walls and other permanent structures if any. (5)
Street sweeping.
120. Improvements. Antelope Road from the proposed service station
driveway to Newport Road is a paved City maintained road designated as a
Secondary Highway and shall be improved with concrete curb and gutter to
match the existing one located 38' to 50 feet from centerline to curb line,
and match up asphalt concrete paving; reconstruction; or resurfacing of
existing paving as determined by the Engineering Department within the 50'
to 62 foot half -width dedicated right-of-way in accordance with Section C-C.
NOTE: 1. A 6' sidewalk shall be constructed adjacent to curb line within
the 12' parkway.
2. The curb returns at entries of Palm Villa Drive and Pampas
Street shall be constructed at a 35' radius as shown on Entry
Exhibits transmitted by CSL Engineering on 2/23/09 or as
determined by the City Engineer.
Newport Road from Antelope Road to 400' westerly is a paved City
maintained road designated as an Urban Arterial Highway and shall be
improved with 8" concrete curb and gutter located 72' to 99 feet from
centerline to curb line, and match up asphalt concrete paving;
reconstruction; or resurfacing of existing paving as determined by the City
Engineering Department within the 84' to 111 foot half -width dedicated
right-of-way in accordance with Section A -A and Section B-B.
NOTE: 1. A 6' sidewalk (along site frontage) shall be constructed
adjacent to curb line within the 12' parkway.
2. Additional grading to be done between proposed taper and
proposed right-of-way (96' from centerline) per approved
Street Improvement Plans.
Or as approved by the City Engineer. These requirements shall be
applicable, unless otherwise completed by the 1-215/Newport Road
Interchange Project,
121. Utility Plans. Electrical power, telephone, communication, street lighting,
and cable television lines shall be designed to be placed underground in
accordance with Ordinance 460 and 461, or as approved by the
Conditions of Approval for Plot Plan No. 2009-052 39 of 51
(Revised per Plot Plan No. 2014-113)
Engineering Department. The applicant is responsible for coordinating the
work with the serving utility company. This also applies to existing overhead
lines which are 33.6 kilovolts or below along the project frontage and
between the nearest poles offsite in each direction of the project site. A
disposition note describing the above shall be reflected on design
improvement plans whenever those plans are required. A written proof for
initiating the design and/or application of the relocation issued by the utility
company shall be submitted to the Engineering Department for verification
purposes.
122. Utilities Underground. Electrical power, telephone, communication,
street lighting, and cable television lines shall be placed underground in
accordance with Ordinance 460 and 461, or as approved by the
Engineering Department. This also applies to existing overhead lines which
are 33.6 kilovolts or below along the project frontage and between the
nearest poles offsite in each direction of the project site.
A certificate should be obtained from the pertinent utility company and
submitted to the Engineering Department as proof of completion.
123. Street Sweeping. Owner shall cause property to be annexed into a
citywide CFD or similar district or mechanism for street sweeping
maintenance, as approved by the City Engineer. In the event timing
for this development's schedule prevents the owner from complying
with this condition of approval, the owner 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.
Conditions of Approval for Plot Plan No. 2009-052 40 of 51
(Revised per Plot Plan No. 2014-113)
Section IV:
Riverside County Flood Control
District Conditions of Approval
Conditions of Approval for Plot Plan No. 2009-052 41 of 51
(Revised per Plot Plan No. 2014-113)
General Conditions
124. Flood Hazard Report. Plot Plan No. 2009-052 is a proposal to develop a
16.35-acre parcel into a commercial shopping center including retail shops,
a convenience store, a gas station, a motel and restaurants in the City of
Menifee. The site is located east of 1-215, west of Antelope Road and north
of Newport Road. The site is being processed with PM 34318 and
CUP03487.
A Caltrans' ditch traversing along the western boundary of the site conveys
storm flows from the Freeway and area south of Newport Road. This site is
relatively flat and drains in a northerly direction to Salt Creek to the north.
Since Salt Creek is considered an adequate outlet no mitigation for
increased runoff will be required of this development.
A WQMP was submitted in support of this development. The concept is to
direct onsite flows to low flow catch basins that will convey water quality
flows to enhanced swales proposed along the western boundary of the
project. Higher flows would be collected in catch basins just downstream of
the low flow catch basins. Supporting calculations were submitted by the
applicant's engineer. All swales have a minimum bottom width of 6 feet and
are 100 feet long. This is an acceptable mitigation plan for this site. The
proposed fencing for this project shall accommodate maintenance access
to the swales.
If the development of the site is constructed in phases, the first phase of the
development must construct all the water quality mitigation features for the
entire site. Alternatively, a WQMP feature to serve a specific phase of a
project can be constructed either 1) within the limits of the phase or 2)
outside of the boundaries of the phase. In the case of the latter, the BMP
shall be constructed within an easement and this easement shall be
recorded.
It should be noted that future phases of the development will be required to
provide not only any water quality mitigation features required for that
particular development but must also account for the mitigation features
located on that particular site. All mitigation features shall comply with the
current regulations of the Regional Water Quality Board.
125. Storm Flows. The 10 year storm flow shall be contained within the curb
and the 100 year storm flow shall be contained within the street right of
way. When either of these criteria is exceeded, additional drainage facilities
shall be installed. The property shall be graded to drain to the adjacent
street or an adjacent outlet.
Drainage facilities outletting sump conditions shall be designed to convey
the tributary 100 year storm flows. Additional emergency escape shall also
be provided.
Conditions of Approval for Plot Plan No. 2009-052 42 of 51
(Revised per Plot Plan No. 2014-113)
126. WQMP. In compliance with Santa Ana Region and San Diego Region
Regional Water Quality Control Board Orders, and Beginning January 1,
2005, projects submitted within the western region of the unincorporated
area of Riverside County for discretionary approval will be required to
comply with the Water Quality Management Plan for Urban Runoff
(WQMP). The WQMP addresses post -development water quality impacts
from new development and redevelopment projects. The WQMP
requirements will vary depending on the project's geographic location
(Santa Ana, Santa Margarita or Whitewater River watersheds). The WQMP
provides detailed guidelines and templates to assist the developer in
completing the necessary studies. These documents are available on-line
at: www.floodcontrol.co.riverside.ca.us under Programs and Services,
Stormwater Quality.
To comply with the WQMP a developer must submit a "Project Specific"
WQMP. This report is intended to a) identify potential post -project pollutants
and hydrologic impacts associated with the development; b) identify
proposed mitigation measures (BMPs) for identified impacts including site
design, source control and treatment control post -development BMPs; and
c) identify sustainable funding and maintenance mechanisms for the
aforementioned BMPs. A template for this report is included as 'exhibit A' in
the WQMP. A final Project Specific WQMP must be approved by the City
prior to issuance of building or grading permits.
Projects requiring Project Specific WQMPs are required to submit a
PRELIMINARY Project Specific WQMP along with the land -use application
package. The format of the PRELIMINARY report shall mimic the
format/template of the final report but can be less detailed. For example,
points a, b & c above must be covered, rough calculations supporting sizing
must be included, and footprint/locations for the BMPs must be identified on
the tentative exhibit. Detailed drawings will not be required. This preliminary
project specific WQMP must be approved by the City prior to issuance of
recommended conditions of approval.
The developer has submitted a report that meets the criteria for a
preliminary project specific WQMP. The report will need significant
revisions to meet the requirements of a final project specific WQMP site in
compliance with Order No. R8-2010-0033, NPDES Permit No.
CAS618033 or latest permit requirements (Added per EOT1). Also, it
should be noted that if 401certification is necessary for the project, the
Water Quality Control Board may require additional water quality measures.
127. BMP Maintenance. This project proposes BMP facilities that will require
maintenance by public agency or commercial property owner association.
To ensure that the public is not unduly burdened with future costs, prior to
final approval or recordation of this case, the District will require an
acceptable financial mechanism be implemented to provide for
maintenance of treatment control BMPs in perpetuity. This may consist of a
mechanism to assess individual benefiting property owners, or other means
approved by the City. The site's treatment control BMPs must be shown on
the project's improvement plans - either the street plans, grading plans, or
Conditions of Approval for Plot Plan No. 2009-052 43 of 51
(Revised per Plot Plan No. 2014-113)
landscaping plans. The type of improvement plans that will show the BMPs
will depend on the selected maintenance entity.
128. Phasing. If the development of the site is constructed in phases, the first
phase of the development must construct all the water quality mitigation
features for the entire site. Alternatively, a WQMP feature to serve a
specific phase of a project can be constructed either 1) within the limits of
the phase or 2) outside of the boundaries of the phase. In the case of the
latter, the BMP shall be constructed within an easement and this easement
shall be recorded.
It should be noted that future phases of the development will be required to
provide not only any water quality mitigation features required for that
particular development but must also account for the mitigation features
located on that particular site. All mitigation features shall comply with the
current regulations of the Regional Water Quality Board.
Prior to Issuance of Grading Permit
129. Improvement Plans. A copy of the improvement plans, grading plans,
BMP improvement plans and any other necessary documentation along
with supporting hydrologic and hydraulic calculations shall be submitted to
the City for review. The plans must receive City approval prior to the
issuance of grading permits. All submittals shall be date stamped by the
engineer and include a completed Flood Control Deposit Based Fee
Worksheet and the appropriate plan check fee deposit.
130. Erosion Control. Temporary erosion control measures shall be
implemented immediately following rough grading to prevent deposition of
debris onto downstream properties or drainage facilities. Plans showing
these measures shall be submitted to the City for review.
131. Offsite Drainage. Offsite drainage facilities shall be located within
dedicated drainage easements obtained from the affected property
owner(s). Document(s) shall be recorded and a copy submitted to the City
prior to issuance of permits. If the developer cannot obtain such rights, the
project shall be redesigned to eliminate the need for the easement.
132. Written Permission for Off -site. Written permission shall be obtained
from the affected property owner(s) allowing the proposed grading and/or
facilities to be installed outside of the project boundaries. A copy of the
written authorization shall be submitted to the City for review and approval.
133. Encroachment Permit. An encroachment permit shall be obtained for
any work within CalTrans right of way or with CalTrans facilities. The
encroachment permit application shall be processed and approved
concurrently with the improvement plans.
134. WQMP. A copy of the project specific WQMP shall be submitted to the
City for review and approval. All BMP features shall be shown on the
grading plans.
Conditions of Approval for Plot Plan No. 2009-052 44 of 51
(Revised per Plot Plan No. 2014-113)
Prior to Issuance of Building Permit
135. Improvement Plans. A copy of the improvement plans, grading plans,
BMP improvement plans and any other necessary documentation along
with supporting hydrologic and hydraulic calculations shall be submitted to
the City for review. The plans must receive City approval prior to the
issuance of building permits. All submittals shall be date stamped by the
engineer and include a completed Flood Control Deposit Based Fee
Worksheet and the appropriate plan check fee deposit.
136. WQMP. A copy of the project specific WQMP shall be submitted to the
City for review and approval. All BMP features shall be shown on the
grading plans.
Prior to Building Final Inspection
137. BMP Education. The developer shall distribute environmental
awareness education materials on general good housekeeping practices
that contribute to protection of storm water quality to all initial users. The
developer may obtain NPDES Public Educational Program materials from
the City's NPDES Section by either the City's website www.floodcontrol.
co. riverside. ca. us, e-mail fcnpdes@co.riverside. ca. us, or the toll free
number 1-800-506-2555. Please provide Project number, number of units
and location of development. Note that there is a five-day minimum
processing period requested for all orders. 3
The developer must provide to the City's PLAN CHECK Department a
notarized affidavit stating that the distribution of educational materials to the
tenants is assured prior to the issuance of occupancy permits.
138. BMP Installation. All structural BMPs described in the project -specific
WQMP shall be constructed and installed in conformance with approved
plans and specifications. It shall be demonstrated that the applicant is
prepared to implement all non-structural BMPs described in the approved
project specific WQMP and that copies of the approved project -specific
WQMP are available for the future owners/occupants. The City will not
release occupancy permits for any portion of the project exceeding 80% of
the project area prior to the completion of these tasks.
Conditions of Approval for Plot Plan No. 2009-052 45 of 51
(Revised per Plot Plan No. 2014-113)
Section V:
Riverside County Fire Department
Conditions of Approval
Conditions of Approval for Plot Plan No. 2009-052 46 of 51
(Revised per Plot Plan No. 2014-113)
General Conditions
139. Blue Retro-Reflective Makers. Blue retro-reflective pavement markers
shall be mounted on private street, public streets and driveways to indicate
location of fire hydrants. Prior to installation, placement of markers must be
approved by the Riverside County Fire Department.
140. Minimum Fire Flow. Minimum required fire flow shall be 4000 GPM for a
4 hour duration at 20 PSI residual operating pressure, which must be
available before any combustible material is placed on the job site. Fire flow
is based on type VB construction per the 2007 CBC and Building(s) having
a fire sprinkler system.
141. Fire Hydrants. A combination of on -site and off -site super fire hydrants,
on a looped system (6"x4"x 2-2 1/2"), will be located not less than 25 feet or
more than 165 feet from any portion of the building as measured along
approved vehicular travel ways. The required fire flow shall be available
from any adjacent hydrants(s) in the system.
142. Tank Permits. Applicant or Developer shall be responsible for obtaining
under/aboveground fuel, chemical and mixed liquid storage tank permits,
from the Riverside County Fire Department and Environmental Health
Departments. Plans must be submitted for approval prior to installation.
Aboveground fuel/mixed liquid tanks(s) shall meet the following standard:
Tank must be tested and labeled to UL2085 Protected Tank Standard or
SWRI 93-01. The test must include the Projectile Penetration Test and the
Heavy Vehicle Impact Test. A sample copy of the tank's label from an
independent test laboratory must be included with your plans.
143. Fire Facilities. All fire facilities required by the project shall be dedicated
to the City of Menifee.
144. ALL CONDITIONS ARE PER AMD#1 DATED 3/4/09.
Prior to Issuance of Building Permit
145. Plan Check Fee. 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.
146. Water Plans. The applicant or developer shall separately submit two
copies of the water system plans to the Fire Department for review and
approval. Calculated velocities shall not exceed 10 feet per second.
Plans shall conform to the fire hydrant types, location and spacing, and the
system shall meet the fire flow requirements. Plans shall be signed and
approved by a registered civil engineer and the local water company with
the following certification: "I certify that the design of the water system is in
accordance with the requirements prescribed by the Riverside County Fire
Department."
Conditions of Approval for Plot Plan No. 2009-052 47 of 51
(Revised per Plot Plan No. 2014-113)
Prior to Buildinq Final Inspection
147. Fire Lanes. The applicant shall prepare and submit to the Fire
Department for approval, a site plan designating required fire lanes with
appropriate lane painting and/or signs.
148. Sprinkler System. Install a complete fire sprinkler system per NFPA 13
2002 edition in all buildings requiring a fire flow of 1500 GPM or greater.
Sprinkler system(s) with pipe sizes in excess of 4" in diameter will require
the project structural engineer to certify (wet signature) the stability of the
building system for seismic and gravity loads to support the sprinkler
system. All fire sprinkler risers shall be protected from any physical
damage. The post indicator valve and fire department connection shall be
located to the front, within 50 feet of a hydrant, and a minimum of 25 feet
from the building(s). A statement that the building(s) will be automatically
fire sprinkled must be included on the title page of the building plans.
Applicant or developer shall be responsible to install a U.L. Central Station
Monitored Fire Alarm System. Monitoring system shall monitor the fire
sprinkler system(s) water flow, P.I.V.'s and all control valves. Plans must be
submitted to the Fire Department for approval prior to installation. Contact
fire department for guideline handout
149. Hotel — Fire Alarm. (HOTEL) Applicant or developer shall be
responsible to install a manual and automatic pre-recorded VOICE Fire
Alarm System. Plans must be submitted to the Fire Department for
approval prior to installation. HOTEL SHALL HAVE A FIRE CONTROL
ROOM IN A LOCATION APPROVED BY THE FIRE DEPT.
150. Hotel Exit Signs. (HOTEL) Floor - Level exit signs, exit markers and exit
path marking shall be installed per the California Building Code.
151. 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 floor
level with maximum 4" projection from the wall. Contact Fire Department for
proper placement of equipment prior to installation.
152. Hood Ducts. A U.L. 300 hood duct fire extinguishing system must be
installed over the cooking equipment. Wet chemical extinguishing system
must provide automatic shutdown of all electrical components and outlets
under the hood upon activation. System must be installed by a licensed C-
16 contractor. Plans must be submitted with current fee to the Fire
Department for review and approval prior to installation.
NOTE: A dedicated alarm system is not required to be installed for the exclusive
purpose of monitoring this suppression system. However, a new or pre-
existing alarm system must be connected to the extinguishing system. (*
separate fire alarm plans must be submitted for connection)
Conditions of Approval for Plot Plan No. 2009-052 48 of 51
(Revised per Plot Plan No. 2014-113)
Section VI:
Riverside County Environmental
Health Conditions of Approval
Conditions of Approval for Plot Plan No. 2009-052 49 of 51
(Revised per Plot Plan No. 2014-113)
General Conditions
153. Developer Shall Comply with EMWD Requirements. Plot Plan No.
2009-052 is proposing Eastern Municipal Water District (EMWD) water and
sewer service. It is the responsibility of the developer to ensure that all
requirements to obtain water and sewer service are met with EMWD, as
well as, all other applicable agencies. Any existing septic system(s) must be
properly abandoned or removed under permit with the Department of
Environmental Health (DEH).
Prior to Issuance of Building Permit
154. Food Plans. A total of three complete set of plans for each food
establishment are needed including a fixture schedule, a finish schedule,
and a plumbing schedule in order to ensure compliance with the California
Uniform Retail Food Facilities Law.
Prior to Final Inspection
155. UST Plans. Construction plans must be reviewed and approved by the
Hazardous Materials Division prior to the installation of the underground
storage tank (UST) system. There is a construction fee based on the
number of UST's installed. Permits from the Hazardous Materials Division
must be obtained for the operation of the UST's prior to occupancy.
156. Hazardous Materials Management Division. If further review of the site
indicates additional environmental health issues, the Hazardous Materials
Management Division reserves the right to regulate the business in
accordance with applicable County Ordinances.
157. Hazardous Materials Contact. Contact a Hazardous Materials
Specialist, Hazardous Materials Management Division, at (951) 358-5055
for any additional requirements.
158. Business Emergency Plan. The facility will require a business
emergency plan for the storage of hazardous materials greater than 55
gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials
or extremely hazardous substances.
Conditions of Approval for Plot Plan No. 2009-052 50 of 51
(Revised per Plot Plan No. 2014-113)
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)
Conditions of Approval for Plot Plan No. 2009-052
(Revised per Plot Plan No. 2014-113)
51 of 51