PC15-233
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EXHIBIT “1”
Conditions of Approval for
Plot Plan No. 2015-031
“Rite Aid and Fast-Food Restaurant at Newport Road
and Menifee Road”
Section I: Conditions applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Fire Department
Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
Section VI: Riverside County Environmental Programs
Department
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Section I:
Conditions Applicable to all
Departments
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General Conditions
1. Description Plot Plan No. 2015-031. The use hereby permitted is for
construction and operation of a new 17,185 sq. ft. Rite Aid drug store and
pharmacy with drive-thru and a new 3,634 sq. ft. fast food restaurant with drive-
thru on a 2.62 gross acre (2.4 net acre) project site. The square footage of the
Rite Aid building includes a 695-sq. ft. mezzanine (above the proposed
pharmacy) for utilities and dry storage. The project proposes 135 parking
spaces, including eight (8) ADA accessible spaces. Access to the project site is
proposed off of Newport Road and Menifee Road.
The following signs affixed to the Rite Aid building have been approved:
a) Two (2) 22’-11¾” x 3’-9½” internally illuminated wall sign with channel
lettering which will read “Rite Aid” with associated logo on the north
and east elevations of the building;
b) One (1) 14’-2” x 1’-8” internally illuminated wall sign with channel
lettering which will read “Pharmacy” on the northeast corner of the
building;
c) One (1) 28’-0” x 1’-11½” internally illuminated wall sign which will read
“GNC Live Well / Drive Thru” on the northeast corner of the building;
d) One (1) 13’-5½” internally illuminated wall sign with channel lettering
which will read “Drive Thru Pharmacy” on the west side of the
building’s drive-thru canopy which is located on the building’s south
elevation;
e) One (1) 4’-6” x 8” , one (1) 2’-3” x 8”, and one (1) 2’-3” x 8” painted
aluminum direction signs, which will read “Pick Up”, “Clearance 10’-0”,
and “Drop Off”, respectively, on the west side of the building’s drive-
thru canopy; and
f) Two (2) 2’-3” x 8” and one (1) 1’-6” x 1’-6” painted aluminum direction
signs, which will all read “Exit Only” on the east side of the building’s
drive-thru canopy.
The following signs affixed to the fast-food restaurant building have been
approved:
a) Two (2) 14’ x 3’ internally illuminated wall sign with channel lettering
which will read “Archibald’s Drive-Thru” with associated logo on the
west and east elevations of the building; and
b) Two (2) 9’-3” x 2’ internally illuminated wall sign with channel lettering
which will read “Archibald’s Drive-Thru” with associated logo on the
north and south elevations of the building.
The following freestanding signs have been approved:
a) One (1) free-standing, double-faced “Rite Aid” monument sign – 8’-3”
tall, 10’-0” wide (8’-3” x 10’) located on the east side of the primary
driveway off of Newport Road; and
b) One (1) free-standing, double-faced, painted aluminum direction sign
for Rite Aid which will read “Drive Thru Pharmacy” – 4’-4” tall x 3’-0”
wide (4’-4” x 3’-0”) located at the northwest corner of the Rite Aid
building.
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Any additional signs or substantial modifications to the signage will need to be
reviewed and approved under a revision to the sign program.
18,655 square feet of landscaping is proposed (16.3% of the gross lot area).
A striped (Class II) bike lane will be provided on the west side of Menifee Road
as well as on the south side of Newport Road as designated in the General Plan.
2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless
the City of Menifee and its elected city council, appointed boards, commissions,
committees, officials, employees, volunteers, contractors, consultants, and
agents from and against any and all claims, liabilities, losses, fines, penalties,
and expenses, including without limitation litigation expenses and attorney’s fees,
arising out of either the City’s approval of the Project or actions related to the
Property or the acts, omissions, or operations of the applicant/developer and its
directors, officers, members, partners, employees, agents, contractors, and
subcontractors of each person or entity comprising the applicant/developer with
respect to the ownership, planning, design, construction, and maintenance of the
Project and the Property for which the Project is being approved. In addition to
the above, within 15 days of this approval, the developer/applicant shall enter
into an indemnification agreement with the City. The indemnification agreement
shall be substantially the same as the form agreement currently on file with the
City.
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. 2015-031 shall be henceforth defined as
follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all
mean the Permittee of this project.
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2015-031, sheets 1-2
(EX-1 to EX-1.2), dated 11/3/15.
APPROVED EXHIBIT G = Grading Plan and Drainage Plan for Plot Plan
No. 2015-031, Sheets 1-5, dated 11/3/15.
APPROVED EXHIBIT B = Elevations for Plot Plan No. 2015-031, Sheets
1-6 (EX-2 to EX-3 and EX-6 to EX-9), dated 11/3/15.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2015-031, Sheets
1-2 (EX-4 to EX-5), dated 11/3/15.
APPROVED EXHIBIT L = Conceptual Landscaping and Irrigation Plan for
Plot Plan No. 2015-031, Sheets 1-5 (L-1 to L-5), dated 11/3/15.
APPROVED EXHIBIT M = Color and Materials Board for Plot Plan No.
2015-031, dated 9/21/15.
APPROVED EXHIBIT P = Photometric Plan and Light Fixtures for Plot
Plan No. 2015-031, Sheets 1-9, (Sheets E-100.1, “Universe Collection
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Large LED – UCL” product detail sheets 1-4, and “D-Series Size 1 LED
Area Luminaire” product detail sheets 1-4), dated 9/21/15.
APPROVED EXHIBIT S = Sign Program for Plot Plan No. 2015-031,
Sheets 1-12 for Rite Aid and Sheets 1-2 for fast-food restaurant, dated
9/21/15.
4. Ninety (90) Days. The permittee has ninety (90) days from the date of approval
of these conditions to protest, in accordance with the procedures set forth in
Government Code Section 66020, the imposition of any and all fees, dedications,
reservations and/or other exactions imposed on this project as a result of this
approval or conditional approval of this project.
5. City of Menifee. The City of Menifee is a new City, incorporated on October 1,
2008; the City is studying and adopting its own ordinances, regulations,
procedures, processing and development impact fee structure. In the future the
City of Menifee will identify and put in place various processing fees to cover the
reasonable cost of the services provided. The City also will identify and fund
mitigation measure under CEQA through development impact fees. Such fees
may include but are not limited to processing fees for the costs of providing
planning services when development entitlement applications are submitted,
which fees are designed to cover the full cost of such services, and development
impact fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing districts
to cover the costs of maintenance of improvements constructed by development,
Permittee agrees to petition for formation of, annexation to or inclusion in any
such financing district and to pay the cost of such formation, annexation or
inclusion.
The permittee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
6. Revocation. In the event the use hereby permitted under this permit, a) is found
to be in violation of the terms and conditions of this permit, b) is found to have
been obtained by fraud or perjured testimony, or c) is found to be detrimental to
the public health, safety or general welfare, or is a public nuisance, this permit
shall be subject to the revocation procedures.
7. Business Registration. Every person conducting a business within the City of
Menifee shall obtain a business license, as required by the Menifee Municipal
Code. For more information regarding business registration, contact the City of
Menifee.
8. Expiration Date. This approval shall be used within two (2) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. By
use is meant the beginning of substantial construction contemplated by this
approval within two (2) year period which is thereafter diligently pursued to
completion or to the actual occupancy of existing buildings or land under the
terms of the authorized use. Prior to the expiration of the two year period, the
permittee may request a one (1) year extension of time in which to begin
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substantial construction or use of this permit. Should the time period established
by any of the extension of time requests lapse, or should all three one-year
extensions be obtained and no substantial construction or use of this plot plan be
initiated within five (5) years of the effective date of the issuance of this plot plan,
this plot plan shall become null and void. Use of the permit shall be considered
applied to the entire project site, including Phase II, even if initial use prior to
expiration only occurs within the Phase I area.
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Section II:
Community Development
Department Conditions of
Approval
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General Conditions
9. Comply with Ordinances. The development of these premises shall comply
with the standards of Riverside County Ordinance No. 348 (hereinafter
Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal
Code and all other applicable ordinances and State and Federal codes and
regulations.
The development of the premises shall conform substantially with that as shown
on APPROVED EXHIBIT A, B, C, G, L, M, P, and S unless otherwise amended
by these conditions of approval.
10. Outside Lighting. Any outside lighting shall be hooded and directed so as not to
shine directly upon adjoining property or public rights-of-way and so as to prevent
either the spillage of lumens or reflection into the sky.
11. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT B and M.
12. Phases. Construction of this project may be done progressively in phases
provided a phasing plan is submitted with appropriate fees to the Community
Development Department and approved prior to issuance of any Building
Permits.
13. 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 County Ordinance No. 460 (hereinafter Ordinance No. 460), and any
other pertinent ordinance.
14. Parking. Based on the Ordinance 348, Section 18.12, parking for the drug store
and pharmacy is calculated as general retail use (including but not limited to,
neighborhood, community and regional shopping centers, including those with
restaurants) and utilizes a parking ratio of 1 spaces/200 square feet of gross
building floor area. The minimum number of required parking spaces for the
proposed drug store and pharmacy store is 86.
Based on the Section 18.12, parking for the fast-food restaurant is calculated as
“restaurants, drive-thrus … for the sale and consumption on the premise of food
and beverages” and utilizes a parking ratio of 1 spaces/45 square feet of serving
area plus 1 space/2 employees. The minimum number of required parking
spaces for the proposed fast food restaurant is 35.
There are a total of 135 parking spaces provided, including eight (8) parking
space for persons with disabilities.
Area
Employees Ratio Parking
Required
Parking
Provided
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17,185 sq. ft.
retail area
N/A
1 space / 200 sq.
ft.
86
135 1,466 sq. ft. of
restaurant
serving area
4
1 space / 45 sq.
ft. of serving are
+ 1 space / 2
employees
35
A minimum of one hundred and thirty-five (135) parking spaces (not including the
two [2] loading spaces) shall be provided as shown on the APPROVED EXHIBIT
A, unless otherwise approved by the Community Development Department
and/or Planning Commission. The parking area shall be surfaced with asphaltic
concrete, concrete, or porous paving, to current standards as approved by the
Department of Building and Safety.
ADA Parking Spaces:
A minimum of eight (8) accessible parking spaces for persons with disabilities
shall be provided consistent with ADA requirements and as approved by the City
of Menifee Building and Safety Department. The location of ADA parking and
paths of travel will be finalized on the final site plan of the proposed project.
Each parking space reserved for persons with disabilities shall be identified by a
permanently affixed reflectorized sign constructed of porcelain on steel, beaded
text or equal, displaying the International Symbol of Accessibility. The sign shall
not be smaller than seventy (70) square inches in area and shall be centered at
the interior end of the parking space at a minimum height of eighty (80) inches
from the bottom of the sign to the parking space finished grade, or centered at a
minimum height of thirty-six (36) inches from the parking space finished grade,
ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each
entrance to the off-street parking facility, not less than seventeen (17) inches by
twenty-two (22) inches, clearly and conspicuously stating the following:
"Unauthorized vehicles not displaying distinguishing placards or license plates
issued for physically handicapped persons may be towed away at owner's
expense. Towed vehicles may be reclaimed at ___ or by telephoning ___."
In addition to the above requirements, the surface of each parking space shall
have a surface identification sign duplicating the symbol of accessibility in blue
paint of at least three (3) square feet in size.
Bicycle Racks:
Bicycle racks or lockers with a minimum of three (3) spaces for each building
shall be provided as shown on APPROVED EXHIBIT A to facilitate bicycle
access to the project area. The bicycle racks shall be shown on project
landscaping and improvement plans submitted for Community Development
Department approval, and shall be installed in accordance with those plans.
Bicycle rack designs that employ a theme are highly encouraged.
15. Loading Areas. Two (2) loading spaces are required as shown on Approved
EXHIBIT A. Loading and/or unloading of goods/supplies shall occur in
designated loading areas as shown on EXHIBIT A only. No loading or unloading
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is allowed in front of the stores or within drive aisles. Loading areas shall be kept
free of debris and clean throughout the life of this plot plan.
16. No Additional Second Floor Areas. The project proposes a second story
(mezzanine) for dry storage within the Rite Aid building (above the proposed
pharmacy). The square footage of the mezzanine is 695, which was included in
the overall gross square footage of the building (i.e., 17,185 sq. ft.). No tenant
improvement permit, or any other Building Permit, shall be granted for any
second story, second floor, mezzanine, or interior balcony (excluding any second
floor for Rite Aid or the fast-food restaurant for the purposes of office, break
rooms, storage, or other minor occupancies) unless a plot plan, conditional use
permit, public use permit, or a revised permit is approved by the Community
Development Department pursuant to Section 18.12 of Ordinance No. 348 or as
otherwise determined to be in substantial conformance by the Community
Development Director in order to assure adequate parking remains within the
property. Only a one-story building was approved for the fast food restaurant and
a two-story building with a 695-sq. ft. mezzanine was approved for the Rite Aid
building was approved as part of this permit and reviewed for parking standards.
17. Signs. A sign program has been approved with this application. All signs shall
be consistent with the approved sign program, APPROVED EXHIBIT S. Building
permits for all signage shall be reviewed and approved by the Community
Development Department to confirm conformance with the approved sign
program.
The following signs affixed to the Rite Aid building have been approved:
c) Two (2) 22’-11¾” x 3’-9½” internally illuminated wall sign with channel
lettering which will read “Rite Aid” with associated logo on the north
and east elevations of the building;
d) One (1) 14’-2” x 1’-8” internally illuminated wall sign with channel
lettering which will read “Pharmacy” on the northeast corner of the
building;
e) One (1) 28’-0” x 1’-11½” internally illuminated wall sign which will read
“GNC Live Well / Drive Thru” on the northeast corner of the building;
f) One (1) 13’-5½” internally illuminated wall sign with channel lettering
which will read “Drive Thru Pharmacy” on the west side of the
building’s drive-thru canopy which is located on the building’s south
elevation;
g) One (1) 4’-6” x 8” , one (1) 2’-3” x 8”, and one (1) 2’-3” x 8” painted
aluminum direction signs, which will read “Pick Up”, “Clearance 10’-0”,
and “Drop Off”, respectively, on the west side of the building’s drive-
thru canopy; and
h) Two (2) 2’-3” x 8” and one (1) 1’-6” x 1’-6” painted aluminum direction
signs, which will all read “Exit Only” on the east side of the building’s
drive-thru canopy.
The following signs affixed to the fast-food restaurant building have been
approved:
a) Two (2) 14’ x 3’ internally illuminated wall sign with channel lettering
which will read “Archibald’s Drive-Thru” with associated logo on the
west and east elevations of the building; and
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b) Two (2) 9’-3” x 2’ internally illuminated wall sign with channel lettering
which will read “Archibald’s Drive-Thru” with associated logo on the
north and south elevations of the building.
The following freestanding signs have been approved:
a) One (1) free-standing, double-faced “Rite Aid” monument sign – 8’-3”
tall, 10’-0” wide (8’-3” x 10’) located on the east side of the primary
driveway off of Newport Road; and
b) One (1) free-standing, double-faced, painted aluminum direction sign
for Rite Aid which will read “Drive Thru Pharmacy” – 4’-4” tall x 3’-0”
wide (4’-4” x 3’-0”) located at the northwest corner of the Rite Aid
building.
Any additional signs or substantial modifications to the signage will need to be
reviewed and approved under a revision to the sign program.
The monument sign shall include decorative stone veneer at the base and on a
pillar connected to the side of the sign. The color and material shall match
APPROVED Exhibit S and compliment the design of the proposed buildings.
The monument sign shall utilize masonry cap at the top of the stone veneer pillar.
The backing of the sign itself shall be stucco coated with an opaque surface.
18. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not
including on-site advertising or directional signs) shall be constructed or
maintained within the property subject to this approval.
19. Reclaimed Water. The permittee shall connect to a reclaimed water supply for
landscape watering purposes when secondary or reclaimed water is made
available to the site as required by Eastern Municipal Water District.
20. No Permanent Occupancy. No permanent occupancy shall be permitted within
the property approved under this plot plan as a principal place of residence. No
person shall be entitled to vote using an address within the premises as a place
of residence.
21. Exterior Noise Levels. Facility-related noise, as projected to any portion of any
surrounding property containing a "sensitive receiver, habitable dwelling,
hospital, school, library or nursing home", must not exceed the following worst -
case noise levels 45 dB(A) - 10 minute noise equivalent level ("leq"), between the
hours of 10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB (A) - 10 minute
leq, between 7:00 a.m. and 10:00 p. m. (daytime standard).
22. Comply with. Geologic Report. The developer shall comply with the
recommendations of the Geologic Report. County Geologic Report (GEO) No.
2427 was prepared by Earth Strata, Inc. for this project (PP 2015-031) and is
entitled: “Updated Preliminary Geotechnical Interpretive Report Proposed
Commercial Center, Assessor’s Parcel Numbers 364-030-004 and -005, Located
on the Southwest Corner of Newport Road and Menifee Road, City of Menifee,
Rierside County, California”, dated January 16, 2015.
GEO No. 2427 concluded:
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1. The potential for surface rupture to adversely impact the proposed
structures is very low to remote.
2. The site in not located within a flood plain hazard zone.
3. The risk of seismically induced seiche flooding is considered low.
4. The site lies within the dam inundation hazard zone for Diamond Valley
Lake; however, the flood potential at the site is considered to be low.
5. The site liquefaction potential is considered to be very low to remote.
6. Groundwater is estimated at 87 feet below the ground surface.
7. Oversized (greater than 12-inches) rock is anticipated to be encountered
during grading.
GEO No. 2427 recommended:
1. Vegetation, including trees, grass, weeds, brush, shrubs, or any other
debris should be stripped from the area to be graded and properly disposed
of offsite.
2. Prior to placing compacted fill, the exposed bottom of each removal area
shall be scarified at least 6 inches and compacted to a minimum of 90
percent.
3. Oversized rock should be disposed of offsite or stockpiled and crushed for
future use.
23. Noise Monitoring Reports. The permittee may be required to submit periodic
noise monitoring reports as determined by the Department of Building and Safety
as part of a code enforcement action. Upon written notice from the Department of
Building and Safety requiring such a report, the permittee or the permittee’s
successor-in-interest shall prepare and submit an approved report within thirty
(30) calendar days to the Department of Building and Safety, unless more time is
allowed through written agreement by the Department of Building and Safety.
The noise monitoring report shall be approved by the Office of Industrial Hygiene
of the Health Service Agency (the permittee or the permittee’s successor-in-
interest shall be required to place on deposit sufficient funds to cover the costs of
this approval prior to commencing the required report).
24. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No
storage lockers, sheds, metal container bins, or metal shipping containers
(excluding containers for recycling centers) will be allowed to be stored outside
the building unless first reviewed and approved by the Community Development
Department.
25. No Outdoor Cart Corrals. No outdoor cart corrals have been approved for this
project site under this plot plan. The addition of outdoor cart corrals within the
project site or in front of the Rite Aid building will require Community
Development Department review and approval. Temporary or permanent non-
decorate metal cart corrals are not acceptable.
26. Hours of Construction. Construction activities shall be restricted to the hours of
6:00 a.m. to 6:00 p.m. during the months of June through September and
between the hours of 7:00 a.m. and 6:00 p.m. during the months of October
through May and are prohibited on Sunday and federal holidays.
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27. Rules for Construction Activities. The applicant shall adhere to the Best
Available Control Measures (BACMs). SCAQMD Rules that are currently
applicable during construction activity for the project include, but are not limited
to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403
(Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule
403 regulatory requirements that are applicable to the project are as follows:
All clearing, grading, earth-moving, or excavation activities shall cease when
winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust
emissions.
The contractor shall ensure that all disturbed unpaved roads and disturbed
areas within the project are watered at least three times daily during dry
weather. Watering, with complete coverage of disturbed areas, shall occur at
least three times a day, preferably in the midmorning, afternoon, and after
work is done for the day. Implementation of this measure is estimated to
reduce PM10 and PM2.5 fugitive dust emissions by approximately 61%.
The contractor shall ensure that traffic speeds on unpaved roads and project
site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5
fugitive dust haul road emissions by approximately 44%.
28. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402
which prohibits a person from discharging any source quantities of air
contaminants or other material which cause injury, nuisance, or annoyance to
any considerable number of persons or to the public.
29. Truck Loading Activities. Truck loading activities shall occur in the designated
loading area as shown on APPROVED EXHIBIT A. Truck loading activities shall
be scheduled and located in areas so as not to obstruct vehicle movement into
and within the site or significantly reduce the amount of available parking. Truck
loading shall not occur within the main entry drive aisle as shown on APPROVED
EXHIBIT A.
30. Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be
provided. The intent of this condition is to provide electrical hook-ups for
refrigerated trailers that will be parked at the facility for more than fifteen (15)
minutes. The use of truck engines or auxiliary power units to power refrigerated
trailers for extended periods of time is not allowed.
31. No Idling. To reduce diesel truck emissions, the project has been conditioned to
install signs in loading areas stating “The driver of a diesel-fueled motor vehicle
with a gross vehicle weight rating (GVWR) greater than 10,000 pounds is
prohibited from idling the vehicle's primary engine for more than five (5) minutes
at any location and may not operate a diesel fueled auxiliary power system (APS)
for more than five (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".
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32. AB 341. AB 341 focuses on increased commercial waste recycling as a method
to reduce greenhouse gas (GHG) emissions. The regulation requires businesses
and organizations that generate four or more cubic yards of waste per week and
multifamily units of 5 or more, to recycle. A business shall take at least one of
the following actions in order to reuse, recycle, compost, or otherwise divert
commercial solid waste from disposal:
a. Source separate recyclable and/or compostable material from solid waste
and donate or self-haul the material to recycling facilities.
b. Subscribe to a recycling service with their waste hauler.
c. Provide recycling service to their tenants (if commercial or multi-family
complex).
d. Demonstrate compliance with the requirements of California Code of
Regulations Title 14.
For more information please visit:
www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#m
andatory
33. AB 1826. AB 1826 (effective April 1, 2016) requires businesses to generate
eight (8) cubic yards or more or organic waste per week to arrange for organic
waste recycling services. The threshold amount of organic waste generated
requiring compliance by businesses is reduced in subsequent years. Businesses
subject to AB 1826 shall take at least one of the follo9wing actions in order to
divert organic wast4e from disposal:
a. Source separate organic material from all other recyclables and donate or
self-haul to a permitted organic waste processing facility.
b. Enter into a contract or work agreement with gardening or landscaping
service provider or refuse hauler to ensure the waste generated from
those services meet the requirements of AB 1826.
c. Consider xeriscaping and using drought tolerant/low maintenance
vegetation in all landscaped areas of the project.
34. Hazardous Materials. Hazardous materials are not accepted at Riverside
County landfills. In compliance with federal, state, and local regulations and
ordinances, an y hazardous waste generated in association with the project shall
be disposed of at a permitted Hazardous Waste disposal facility. Hazardous
waste materials include, but are not limited to, paint, batteries, oil, asbestos, and
solvents. For further information regarding the determination, transport, and
disposal of hazardous waste, please contact the Riverside County Department of
Environmental Health, Environmental Protection and Oversight Division, at 1-
800-722-4234.
35. Recreational Vehicle Parking. No overnight recreational vehicle parking or
camping will be allowed within the site.
36. Outdoor Events/Temporary Uses. A temporary use permit, shall be required
for outdoor events and/or temporary uses as described in Menifee Municipal
Code Chapter 9.6 and include, but not limited to, Farmer’s Markets, art and car
shows, and sidewalk sales.
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37. Bike Lanes. In accordance with the City of Menifee General Plan and
APPROVED EXHIBIT G, a Class II striped bike lane shall be provided on the
west (southbound) side of Menifee Road and the necessary right-of-way shall be
provided on the south (eastbound) side of Newport Road for a Class II bike lane.
The Newport Road bike lane shall have enhanced striping to distinguish it from a
vehicle travel lane.
38. ALUC Conditions. Pursuant to the Airport Land Use Commission (ALUC)
Development Review (letter dated July 13, 2015), the proposed project is
consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use
Compatibility Plan, subject to the following conditions:
a. Any new outdoor lighting that is installed shall be hooded or shielded so
as to prevent either the spillage of lumens or reflection into the sky.
b. The following uses shall be prohibited:
1. Any use which would direct a steady light or flashing light or red,
white, green or amber colors associated with airport operations
toward an aircraft engaged in an initial straight climb following
takeoff or toward an aircraft engaged in a straight final approach
toward a landing at an airport, other than an FAA-approved
navigational signal light or visual approach slope indicator.
2. Any use which would cause sunlight to be reflected towards an
aircraft engaged in an initial straight climb following takeoff or
towards an aircraft engaged in a straight final approach towards a
landing at an airport.
3. Any use which would generate smoke or water vapor or which
would attract large concentrations of birds, or which may
otherwise affect safe air navigation within the area, including but
not limited to, composting operations, trash transfer stations that
are open on one or more sides, recycling centers containing
putrescible wastes, construction any demolition debris facilities,
landscaping utilizing water features, aquaculture, production or
cereal grains, sunflowers, and row crops, artificial marshes,
incinerators, and fly ash disposal.
4. Any use which would generate electrical interference that may be
detrimental to the operation of aircraft and/or aircraft
instrumentation.
c. The notice attached to the ALUC letter dated July 13, 2015, shall be
provided to all potential purchasers of the property and tenants of the
proposed building(s).
d. Any new detention or retention basins on the site shall be designed so as
to provide for a maximum 48-hour detention period following the
conclusion of the storm event for the design storm (may be less, but not
more), and to remain totally dry between rainfalls. Vegetation in and
around the detention/retention basin(s) that would provide food or cover
for bird species that would be incompatible with airport operation shall not
be utilized in project landscaping.
If the Applicant has any questions, please contact John Guerin, Principal
Planner, at (951) 955-0982.
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ARCHEOLOGY
39. 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.
40. 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
preservation of cultural resources located in native soils and/or re-burial on
the Project property so they are not subject to further disturbance in
perpetuity.
v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred
method of preservation for archaeological resources and cultural resources.
If the landowner and the Tribe(s) cannot agree on the significance or the
mitigation for the archaeological or cultural resources, these issues will be
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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
41. Interim Landscaping. Graded but undeveloped land shall be maintained in a
condition so as to prevent a dust and/or blow sand nuisance and shall be either
planted with interim landscaping or provided with other wind and water erosion
control measures as approved by the Community Development Department and
the South Coast Air Quality Management District (SCAQMD).
42. Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition throughout the life of this permit. To
ensure that this occurs, the Community Development Department shall require
inspections in accordance with the building permit landscaping install and
inspection condition.
43. Landscape Plans. All landscaping plans shall be prepared in accordance with
the City’s Water Efficient Landscape Ordinance. Such plans shall be reviewed
and approved by the Community Development Department, and the appropriate
maintenance authority.
44. Maintenance of Landscaping. All private landscaping shall be maintained by a
property owners association, individual property owner, or as otherwise
established by CC&Rs. All landscaping, and similar improvements not properly
maintained by a property owners association or individual property owners must
be annexed into a Lighting and Landscape District, or other mechanism as
determined by the City of Menifee.
FEES
45. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research fee),
or other such review fee as may be in effect at the time of submittal, as required
by Resolution No. 13-320 (Cost of Services Fee Study), or any successor
thereto. Each submittal shall be accompanied with a letter clearly indicating
which condition or conditions the submittal is intended to comply with.
Prior to Issuance of Grading Permit
46. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this Plot Plan which must be
satisfied prior to the issuance of a grading permit for review and approval. The
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Community Development Director may require inspection or other monitoring to
ensure such compliance.
47. Addition of Rite Aid Planter. The precise grading plans shall be submitted for
grading plan check approval and shall be in substantial conformance with the site
plan and conceptual grading plans shown on APPROVED EXHIBITS A and G.
However, the site layout submitted for grading plan check approval shall include
the following changes:
a. A 5-foot-wide planter, containing five (5) trees, shall be shown on the
westerly side of the Rite Aid building from the northwesterly corner of the
building to just north of the service door at the southwesterly corner of the
building.
48. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management
District (SCAQMD) Rule 403. The permittee shall include in construction
contracts the control measures required under Rule 403 at the time of
development, including the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius)
must be swept (preferably with water sweepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a 10 percent surface
soil moisture content throughout all earth moving activities. All unpaved
demolition and construction areas shall be wetted at least twice daily during
excavation and construction, and temporary dust covers shall be used to
reduce dust emissions and meet SCAQMD District Rule 403. Wetting could
reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least three
times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible
dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
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i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
l. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent
excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
r. All materials transported off-site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction
site that identifies the permitted construction hours and provides a telephone
number to call and receive information about the construction project or to
report complaints regarding excessive fugitive dust generation. Any
reasonable complaints shall be rectified within 24 hours of their receipt.
49. Noise Controls. The developer shall comply with the recommendations of the
Noise Impact Analysis. The Noise Impact Analysis was prepared by Kunzman
Associates, Inc. for this project (PP 2015-031) and is entitled “SWC Newport
Road and Menifee road, Rite Aid with Drive Thru”, dated April 14, 2015. on the
finding of the Department of Environmental Health, Office of Industrial Hygiene,
the following recommendations shall be implemented to provide sufficient
attenuation to reduce the exterior noise levels to below 65 dB (A) 10 minute Leq
during the day and 45 dB (A) 10 minute Leq at night for sensitive receivers. The
Applicant shall submit the legally binding contract with the Project Contractor to
the Community Development Department for review and approval. The contract
shall specify these requirements. Alternatively, these requirements may be listed
as notes on the grading plans and/or building plans.
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a. Limit construction activities to the hours of 6:00 AM to 6:00 PM during the
months of June through September and between the hours of 7:00 AM
and 6:00 PM during the months of October through May. Construction
activities shall be prohibited on Sundays and federal holidays
b. Limit haul truck deliveries to the same hours specified for construction
activities (above).
c. To the extent feasible, haul routes should not pass sensitive land uses or
residential dwellings.
d. During all project site excavation and grading on-site, construction
contractors shall equip all construction equipment, fixed or mobile, with
properly operating and maintained mufflers, consistent with manufacturer
standards. The contractor shall place all stationary construction
equipment so that emitted noise is directed away from the noise sensitive
receptors nearest the project site.
e. The contractor shall locate equipment staging in areas that will create the
greatest distance between construction-related noise / vibration sources
and sensitive receptors nearest the project site during all project
construction.
f. During construction, the developer shall require that all contractors turn
off all construction equipment and delivery vehicles when not in use and
prohibit idling in excess of three minutes.
g. For the duration of construction activities, the construction manager shall
serve as the contact person should noise levels become disruptive to
local residents. A sign must be posted at the project site with the contact
phone number.
h. Limit the use of heavy equipment or vibratory rollers and soil compressors
along the southern boundary to the greatest degree possible. It is
acknowledged that some soil compression may be necessary along the
project boundaries.
ARCHEOLOGY
50. 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
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rough grading, trenching, stockpiling of materials, rock crushing, structure
demolition and etc. The Project Archaeologist and the Tribal representative(s),
shall have the authority to temporarily divert, redirect or halt the ground
disturbance activities to allow identification, evaluation, and potential recovery of
cultural resources in coordination with any required special interest or tribal
monitors.
The developer/permit holder shall submit a fully executed copy of the contract to
the Community Development Department to ensure compliance with this
condition of approval. Upon verification, the Community Development
Department shall clear this condition.
Any newly discovered cultural resources shall be subject to an evaluation, in
consultation with the Native American Tribe(s) and which will require the
development of a treatment plan and monitoring agreement for the newly
discovered resources.
51. 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.
52. Non-Disclosure of Location Reburials. It is understood by all parties that
unless otherwise required by law, the site of any reburial of Native American
human remains or associated grave goods shall not be disclosed and shall not
be governed by public disclosure requirements of the California Public Records
Act. The Coroner, pursuant to the specific exemption set forth in California
Government Code 6254 (r)., parties, and Lead Agencies, will be asked to
withhold public disclosure information related to such reburial, pursuant to the
specific exemption set forth in California Government Code 6254 (r).
PALEONTOLOGY
53. Paleontologist Required. This site is mapped as having a high potential for
paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO
ISSUANCE OF GRADING PERMITS:
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The permittee shall retain a qualified paleontologist approved by the City of
Menifee to create and implement a project-specific plan for monitoring site
grading/earthmoving activities (project paleontologist).
The project paleontologist retained shall review the approved development plan
and shall conduct any pre-construction work necessary to render appropriate
monitoring and mitigation requirements as appropriate. These requirements shall
be documented by the project paleontologist in a Paleontological Resource
Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the
Community Development Department for review and approval prior to issuance
of a Grading Permit.
Information to be contained in the PRIMP, at a minimum and in addition to other
industry standard and Society of Vertebrate Paleontology standards, are as
follows:
A. The project paleontologist shall participate in a pre-construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction, as
applicable.
B. Paleontological monitoring of earthmoving activities will be conducted on an
as-needed basis by the project paleontologist during all earthmoving activities
that may expose sensitive strata. Earthmoving activities in areas of the project
area where previously undisturbed strata will be buried but not otherwise
disturbed will not be monitored. The project paleontologist or his/her assign will
have the authority to reduce monitoring once he/she determines the probability of
encountering fossils has dropped below an acceptable level.
C. If the project paleontologist finds fossil remains, earthmoving activities will be
diverted temporarily around the fossil site until the remains have been evaluated
and recovered. Earthmoving will be allowed to proceed through the site when the
project paleontologist determines the fossils have been recovered and/or the site
mitigated to the extent necessary.
D. If fossil remains are encountered by earthmoving activities when the project
paleontologist is not onsite, these activities will be diverted around the fossil site
and the project paleontologist called to the site immediately to recover the
remains.
E. If fossil remains are encountered, fossiliferous rock will be recovered from the
fossil site and processed to allow for the recovery of smaller fossil remains. Test
samples may be recovered from other sampling sites in the rock unit if
appropriate.
F. Any recovered fossil remains will be prepared to the point of identification and
identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled with
museum* repository fossil specimen numbers and corresponding fossil site
numbers, as appropriate; places in specimen trays and, if necessary, vials with
completed specimen data cards) and catalogued, an associated specimen data
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and corresponding geologic and geographic site data will be archived (specimen
and site numbers and corresponding data entered into appropriate museum
repository catalogs and computerized data bases) at the museum repository by a
laboratory technician. The remains will then be accessioned into the museum*
repository fossil collection, where they will be permanently stored, maintained,
and, along with associated specimen and site data, made available for future
study by qualified scientific investigators.
* The City of Menifee must be consulted on the repository/museum to receive the
fossil material prior to being curated.
G. A qualified paleontologist shall prepare a report of findings made during all
site grading activity with an appended itemized list of fossil specimens recovered
during grading (if any). This report shall be submitted to the Community
Development Department for review and approval prior to building final
inspection as described elsewhere in these conditions.
All reports shall be signed by the project paleontologist and all other
professionals responsible for the report's content (eg. Professional Geologist,
Professional Engineer, etc.), as appropriate. Two wet-signed original copies of
the report shall be submitted directly to the Community Development Department
along with a copy of this condition, deposit based fee and the grading plan for
appropriate case processing and tracking.
FEES
54. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the
permittee shall comply with the provisions of Ordinance No. 663, which generally
requires the payment of the appropriate fee set forth in that ordinance. The
amount of the fee required to be paid may vary depending upon a variety of
factors, including the type of development application submitted and the
applicability of any fee reduction or exemption provisions contained in Ordinance
No. 663. Said fee shall be calculated on the approved development project which
is anticipated to be 2.62 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.
55. Fees. Prior to the issuance of grading permits for PP 2014-091, the Community
Development Department shall determine the status of the deposit based fees. If
the fees are in a negative status, the permit holder shall pay the outstanding
balance.
Prior to Issuance of Building Permit
56. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this Plot Plan which must be
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satisfied prior to the issuance of a building permit. The Community Development
Director may require inspection or other monitoring to ensure such compliance.
57. Lot Line Adjustment Required. A lot line adjustment to modify the lot to match
the parcels lines on APPROVED EXHIBIT A is required prior to issuance of a
building permit.
58. Reciprocal Parking Agreement. Prior to building permit issuance, a reciprocal
parking agreement shall be recorded to share the parking spaces shown outside
of the subject property’s parcel lines (as shown on APPROVED EXHIBIT A)
between the subject parcel and adjacent parcel to the south and west.
59. Submit Building Plans. Prior to the issuance of a building permit, the permittee
shall submit building plans with the City of Menifee Building and Safety
Department for building permits. The building plans shall be in substantial
conformance with APPROVED EXHIBIT A, B, C, G, M, P, and S. However, the
site layout submitted for building plan check approval shall include the following
changes:
a. A 5-foot-wide planter, containing five (5) trees, shall be shown on the
westerly side of the Rite Aid building from the northwesterly corner of the
building to just north of the service door at the southwesterly corner of the
building.
Building and Safety will require the following items:
1. Plans shall be designed to the provisions of the 2013 edition of the
California Building, Mechanical, Electrical and Plumbing, Energy and
Green Codes (or subsequent edition adopted by the City).
2. Five (5) sets of plan drawings shall be submitted along with two (2) copies
of structural and Title 24 Energy documentation.
3. Two (2) sets of precise grading plans shall be submitted at time of
building plan review submittal. Showing all disabled access paths of
travel, cross and directional slope percentages, site accessibility features
and details.
4. All exterior lighting shall comply with Ordinance 2009-24, “Dark Sky
Ordinance”.
5. All exterior lighting shall fall within current commercial standards.
6. Separate plan submittal will be required to Riverside County Fire along
with a formal transmittal issued by Building and Safety.
60. 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.
However, the elevations of the Rite Aid building submitted for building plan check
approval shall include the following changes:
a. The backs of the parapets on the elevated “tower” facades shall be
capped with a cornice and painted to match the fronts of the parapets.
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b. The top of the façade above Rite Aid “Pharmacy” sign on the northeast
corner of the building shall include a substantial cap or cornice.
If building plans are proposed that alter the elevations as shown on APPROVED
EXHIBIT B a plot plan application pursuant to Ordinance No. 348, Section
18.30.a.(1), or subsequent City ordinance (Plot Plans not subject to the California
Environmental Quality Act and not subject to review by any governmental agency
other than the Community Development Department), along with the current fee
shall be submitted to the Community Development Department for review and
approval. If substantial modifications are proposed to the elevations, the
Community Development Director may determine that Planning Commission
review and approval is required.
(The condition listed above was modified by the Planning Commission at
the October 14, 2015 public hearing)
61. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
62. Lighting. The building plans shall show the location and types of light fixtures
that will be within the project site and on the building. Lighting fixtures shall be
decorative. Shoe-box-type lighting will not be allowed. The types of lighting
fixtures used shall be subject to Community Development Department approval.
The location of lighting shown on the building is for conceptual purposes only and
may be relocated during the building plan check. Architecturally appropriate
themed lighting fixtures shall be located along the project perimeter, project
entrances, and other focal points on the project site and shall be subject to
Community Development Department review and approval.
Parking lot lights shall be consistent with the sample provided and described as
APPROVED EXHIBIT P or as otherwise approved by the Community
Development Director. All parking lot lights and other outdoor lighting shall be
shown on electrical plans submitted to the Department of Building and Safety for
plan check approval and shall comply with the requirements of the City of
Menifee Ordinance No. 2009-024 and the General Plan.
63. 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.
64. Screening of Accessory Structures. Screening of trash receptacles within
trellised enclosures and encasing mechanical equipment within small structures
compatible in color and materials to the adjacent landscaping or the primary
structures shall be required and methods of screening shall be included on
building plans and/or landscaping plans.
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65. Security Systems. Prior to the issuance of Building Permits, the applicant shall
prepare a security plan for the site. The security plan for this project shall include
a comprehensive security camera system that provides 360-degree coverage on
the outside of the buildings and clearly depicts the entire parking field, parking lot
entrances and exits, and building entrances. This 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
or other place acceptable to the Sheriff’s Department, that is accessible to law
enforcement at all times of the day and night. This security camera system shall
have a recording capacity to minimally save footage for the period of one month.
The plan shall be approved prior to issuance of Building Permits.
In addition, the trash enclosure shall be properly secured and have a lock as well
as a covering to keep unauthorized persons from entering the dumpster area to
dig through the trash.
The Sheriff’s Department shall verify that the security system and trash enclosure
requirements has been installed prior to final occupancy.
66. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of
a building permit for each building, the applicant shall submit three (3) copies of a
Recyclables Collection and Loading Area plot plan to the Riverside County
Waste Management Department (RCWMD) for review and approval. The plot
plan shall conform to Design Guidelines for Recyclables Collection and Loading
Areas, provided by the Waste Management Department, and shall show the
location of and access to the collection area for recyclable materials, along with
its dimensions and construction detail, including elevation/façade, construction
materials and signage. The plot plan shall clearly indicate how the trash and
recycling enclosures shall be accessed by the hauler.
The applicant shall provide documentation to the Community Development
Department to verify that RCWMD has approved the plan prior to issuance of a
building permit.
67. 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.
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The applicant shall provide documentation to the Community Development
Department to verify that RCWMD has approved the plan prior to issuance of a
building permit.
LANDSCAPING
68. Performance Securities. Performance securities, in amounts to be determined
by the Director of Community Development to guarantee the installation of
plantings, irrigation system, walls and/or fences, in accordance with the approved
plan, shall be filed with the Department of Community Development. Securities
may require review by City Attorney and other staff. Permit holder is encouraged
to allow adequate time to ensure that securities are in place. The performance
security may be released one year after structural final, inspection report, and the
One-Year Post Establishment report confirms that the planting and irrigation
components have been adequately installed and maintained. A cash security
shall be required when the estimated cost is $2,500.00 or less.
69. Landscape and Irrigation Plans. The permittee shall submit three (3) sets of
Final Landscaping and Irrigation Plans to the Community Development
Department for review and approval. Said plan shall be submitted to the Division
in the form of a plot plan application pursuant to Ordinance No. 348, Section
18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act
and not subject to review by any governmental agency other than the Community
Development Department), along with the current fee.
The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal
Code Chapter 15.04 and the conditions of approval. The plan shall show all
common open space areas. The plan shall address all areas and conditions of
the project requiring landscaping and irrigation to be installed. Emphasis shall be
placed on using plant species that are drought tolerant and which have low water
usage. Landscaping and Irrigation Plot Plans shall be prepared consistent with
Menifee Municipal Code Chapter 15.04 (as adopted and any amendments
thereto), the Riverside County Guide to California Landscaping, Eastern
Municipal Water District requirements and Ordinance No. 348, Section 18.12.
Landscaping plans for areas that are totally within the road right-of-way shall be
submitted to the Engineer Department only. Slope Landscaping plans for slopes
exceeding 3 feet in height shall be submitted to the Engineering Department.
NOTES: The Landscape plot plan may include the requirements of any other
minor plot plan required by the subdivision conditions of approval. However,
minor plot plan conditions of approval shall be cleared individually.
The irrigation plan shall be in compliance with Section 18.12 of Ordinance No.
348, and include a rain shut-off device which is capable of shutting down the
entire system. In addition, the plan will incorporate the use of in-line check
valves, or sprinkler heads containing check valves to prohibit low head drainage.
If the above mentioned landscaping plans do not include shading and parking
landscaping, prior to issuance of building permits, three (3) copies of a Shading,
Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by
the Community Development Department. The location, number, genus, species,
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and container size of plants shall be shown. Plans shall meet all applicable
requirements of Menifee Municipal Code Chapter 15.04 (as adopted and any
amendments thereto), the Riverside County Guide to California Friendly
Landscaping, Eastern Municipal Water District requirements and Ordinance No.
348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The
irrigation plan shall include a smart controller capable of adjusting watering
schedule based on weather data. In addition, the plan will incorporate the use of
in-line check valves, or sprinkler heads containing check valves to prohibit low
head drainage.
Curb and Walkway on End Stall Planters. A six inch high curb with a twelve (12)
inch wide walkway shall be constructed along planters on end stalls adjacent to
automobile parking areas. Public parking areas shall be designed with
permanent curb, bumper, or wheel stop or similar device so that a parked vehicle
does not overhang required sidewalks, planters, or landscaped areas.
Addition of Planter to Rite Aid Building. The site layout submitted for the Final
Landscaping and Irrigation Plans review and approval shall include the following
changes:
a. A 5-foot-wide planter, containing five (5) trees, shall be shown on the
westerly side of the Rite Aid building from the northwesterly corner of the
building to just north of the service door at the southwesterly corner of the
building.
70. Interim Landscaping. Graded but undeveloped land shall be maintained in a
condition so as to prevent a dust and/or blow sand nuisance and shall be either
planted with interim landscaping or provided with other wind and water erosion
control measures as approved by the Community Development Department and
the South Coast Air Quality Management District (SCAQMD).
71. Crime Prevention through Environmental Design Guidelines. All plants,
landscaping and foliage shall fall within current CPTED (Crime Prevention
through Environmental Design) guidelines.
72. Denied Variance. Note that the Applicant has received approval denial for
Variance No. 2015-206 which requested a deviation from the listed development
standards of the City’s “Park Design, Landscaping and Tree Preservation”
ordinance (Section 9.86), allowing for a reduction in the required amount of
onsite trees on the west side of the Rite Aid building to accommodate the
required loading space and necessary truck turning movement.
73. Landscape Inspections. Prior to issuance of building permits, the permit holder
shall open a Landscape Deposit Based Fee case and deposit the prevailing
deposit amount to cover the pre installation, installation, Six Month, and One
Year Landscape Inspections. The amount of hours for pre installation,
installation, Six Month, and One Year Landscape Inspections is estimated to be
$5,000.
FEES
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74. Fees. Prior to issuance of building permits, the Community Development
Department shall determine if the deposit based fees for project are in a negative
balance. If so, any outstanding fees shall be paid by the permittee.
75. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
76. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
Prior to Final Inspection
ARCHEOLOGY
77. Archeology Report - Phase III and IV. Prior to final inspection of the first
building permit associated with each phase of grading, the developer/permit
holder shall prompt the Project Archeologist to submit two (2) copies of the
Phase III Data Recovery report (if conducted for the Project) and the Phase IV
Cultural Resources Monitoring Report that complies with the Community
Development Department's requirements for such reports. The Phase IV report
shall include evidence of the required cultural/historical sensitivity training for the
construction staff held during the pre-grade meeting. The Community
Development Department shall review the reports to determine adequate
mitigation compliance. Provided the reports are adequate, the Community
Development Department shall clear this condition. Once the report(s) are
determined to be adequate, two (2) copies shall be submitted to the Eastern
Information Center (EIC) at the University of California Riverside (UCR) and one
(1) copy shall be submitted to the Pechanga Cultural Resources Department.
78. Paleontological Monitoring Report. Prior to final inspection, the permittee
shall submit to the Community Development Department, two (2) copies of the
Paleontology Monitoring Report. The report shall be certified by a professional
paleontologist listed Riverside County’s Paleontology Consultant List. A deposit
for the review of the report will be required.
79. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this Plot Plan which must be
satisfied prior to the issuance of final occupancy. The Community Development
Director may require inspection or other monitoring to ensure such compliance.
80. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on the APPROVED EXHIBIT B (with the
revisions contained in Condition of Approval #59).
81. 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.
82. Waste Management Clearance. Prior to issuance of an occupancy permit for
each building, the applicant shall obtain a clearance letter from the Waste
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Management Department indicating that the recyclables collection and loading
area has been constructed in compliance with the Recyclables and Loading Area
plot plan, as approved and stamped by the Riverside County Waste
Management Department. The letter shall be provided to the Community
Development Department.
The applicant is also required to provide evidence (i.e., receipts or other type of
verification) to demonstrate project compliance with the approved WRP to the
Planning Division of the Riverside County Waste Management Department in
order to clear the project for occupancy permits. Receipts must clearly identify
the amount of waste disposed and Construction and Demolition (C&D) materials
recycled.
83. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater,
shall be installed underground. If the permittee provides to the Department of
Building and Safety and the Community Development Department a definitive
statement from the utility provider refusing to allow underground installation of
the utilities they provide, this condition shall be null and void with respect to that
utility.
84. Trash Enclosures. Two (2) trash enclosures which are adequate to enclose a
minimum of two (2) bins each shall be located as shown on the APPROVED
EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits.
The enclosure(s) shall be a minimum of six (6) feet in height and shall be
architecturally enhanced and made with masonry block (including masonry cap)
with landscaping screening, roof covering and a solid gate which screens the
bins from external view. Additional enclosed area for collection of recyclable
materials shall be located within, near or adjacent to each trash and rubbish
disposal area. The recycling collection area shall be a minimum of fifty percent
(50%) of the area provided for the trash/rubbish enclosure(s) or as approved by
the Riverside County Waste Management Department. All recycling bins shall be
labeled with the universal recycling symbol and with signage indicating to the
users the type of material to be deposited in each bin.
85. Lighting. Exterior lighting shall be consistent with the approved lighting plans.
86. 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.
87. Condition Compliance. The Community Development Department shall verify
that the Development Standards and all other preceding conditions have been
complied with prior to any use allowed by this permit.
88. Security Systems. The Riverside County Sheriff Department and/or Community
Development Department shall verify that the security system has been installed
and the trash enclosure has been property secured in compliance with the
Riverside County Sherriff Department’s requirements prior to final occupancy.
89. Final Planning Inspection. The permittee shall obtain final occupancy sign-off
from the Community Development Department for each building permit issued by
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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, decorative paving, public plazas, etc. The permittee shall have
all required paving, parking, walls, site lighting, landscaping and automatic
irrigation installed and in good condition.
90. Bike Lanes. In accordance with the City of Menifee General Plan and
APPROVED EXHIBIT A, a Class II striped bike lanes shall be provided on the
west (southbound) side of Menifee Road and the necessary right-of-way shall be
provided on the south (eastbound) side of Newport Road to accommodate a
Class II bike lane, or as otherwise approved by the Director of Public Works and
Engineering.
LANDSCAPING
91. Soil Management Plan
The permittee shall submit a Soil Management Plan (Report) to the Community
Development Department before the Landscape Installation Inspection. The
report can be sent in electronically. Information on the contents of the report can
be found in the County of Riverside Guide to California Friendly Landscaping
page 16, #7, “What is required in a Soil Management Plan?”
92. Landscape/Irrigation Install Inspection
The permittee landscape architect responsible for preparing the Landscaping and
Irrigation Plans shall arrange for a Pre-Landscape installation inspection and a
Landscape Completion Installation Inspection with the Community Development
Department. The pre-landscape inspection shall be arranged at least fifteen (15)
working days prior to installation of landscaping. The landscape completion
inspection shall be arranged at least fifteen (15) working days prior to final
inspection of the structure or issuance of occupancy permit, whichever occurs
first. A One Year Post-Establishment Inspection will also be required. The
Community Development Department will require a deposit in order to conduct
the landscape inspections.
93. Landscape Installation. All required landscape planting and irrigation, including
but not limited to onsite, shall have been installed in accordance with approved
Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter
15.04 (as adopted and any amendments thereto), Eastern Municipal Water
District requirements and the Riverside County Guide to California Landscaping.
All landscape and irrigation components shall be in a condition acceptable to the
Community Development Department. The plants shall be healthy and free of
weeds, disease or pests. The irrigation system shall be properly constructed and
determined to be in good working order.
94. 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
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inspections reveal landscape deficiencies that were not apparent during the plan
review process.
FEES
95. Ordinance No. 659 Fee (DIF). Prior to the issuance of either a certificate of
occupancy or prior to building permit final inspection, the permittee shall comply
with the provisions of Riverside County Ordinance No. 659 (hereinafter
Ordinance No. 659), as adopted by the City which requires the payment of the
appropriate fee set forth in the Ordinance. Ordinance No. 659 has been
established to set forth policies, regulations and fees related to the funding and
construction of facilities necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance, and it establishes the authorized uses of the fees
collected.
In the event Ordinance No. 659 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 659 be rescinded and superseded by
a subsequent City mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
96. Open Space Fee (MSHCP). Prior to the issuance of a certificate of occupancy,
or upon building permit final inspection prior to use or occupancy for cases
without final inspection or certificate of occupancy (such as an SMP), whichever
comes first, the permittee shall comply with the provisions of Riverside County
Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment
of the appropriate fee set forth in the Ordinance.
In the event Ordinance No. 810 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 810 be rescinded and superseded by
a subsequent mitigation fee ordinance, payment of the appropriate fee set forth
in that ordinance shall be required.
97. Fees. Prior to issuance of occupancy/final inspections, the Community
Development Department shall determine if the deposit based fees for project
are in a negative balance. If so, any outstanding fees shall be paid by the
permittee.
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Section III:
Engineering/Transportation/
Grading Conditions of Approval
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The following are the Public Works Engineering Department Conditions of Approval for
this project which shall be satisfied at no cost to the City or any other Government
Agency. All questions regarding the intent of the following conditions shall be referred to
the Public Works Engineering Department, Land Development Section. The
developer/property owner shall use the standards and design criteria stated in the
following conditions, and shall comply with all applicable City of Menifee standards,
specifications and ordinances. Should a conflict arise between City of Menifee standards
and design criteria, and any other standards and design criteria, those of the City of
Menifee shall prevail.
A. GENERAL CONDITIONS:
98. All improvement plans and grading plans shall be drawn on twenty-four (24) inch
by thirty-six (36) inch Mylar and signed by a registered civil engineer or other
registered/licensed professional as required.
99. Plan Check Submittals - Appropriate plan check submittal forms shall be
completed and required plan copies, necessary documents, references, fees,
deposits, etc. shall be submitted as outlined in City approved submittal forms. All
large format plans shall be bulk folded to 9”x12”. A CD of all items in .pdf format
shall be submitted with each plan check. The developer/property owner shall
cause the civil engineer of record to submit to the Public Works Department, a
copy of the final drawings in Auto CAD 2010 format on Compact Disc (CD), and
scanned image of all final approved grading and improvement plans in pdf
format. ACAD files 2010 or later are required for all final maps upon approval.
100. Construction Times of Operation. The developer/property owner shall
monitor, supervise, and control all construction and construction related activities
to prevent them from causing a public nuisance including, but not limited to, strict
adherence to the following:
a. Any construction within the City limits located 1/4 of a mile from an
occupied residence shall not occur between the hours of 6:00 p.m. to
6:00 p.m. the following morning, Monday through Saturday, during the
months of June through September, and the hours of 6:00 p.m. and 7:00
a.m. the following morning, Monday through Saturday, during the months
of October through May, except on nationally recognized holidays in
accordance with Municipal Code Section 9.09.030. Construction activities
on Sunday or nationally recognized holidays are not permitted unless
prior approval is obtained from the City Building Official or City Engineer.
Night work is not permitted unless prior approval is obtained for the City
Building Official or City Engineer.
b. Removal of spoils, debris, or other construction materials deposited on
any public street no later than the end of each working day.
c. The construction site shall accommodate the parking of all motor vehicles
used by persons working at or providing deliveries to the site. Violation of
any condition or restriction or prohibition set forth in these conditions shall
subject the owner, applicant to remedies as set forth in the City Municipal
Code. In addition, the Public Works Director or the Building Official may
suspend all construction related activities for violation of any condition,
restriction or prohibition set forth in these conditions until such a time it
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has been determined that all operations and activities are in conformance
with these conditions.
d. A Pre-Construction meeting is mandatory with the City’s Public Works
Senior Inspector prior to start of any construction activities for this site.
101. Bond Agreements and Improvement Security – The developer/property
owner shall post bonds or security in forms acceptable to the City, guaranteeing
the construction of all required grading and improvements in accordance with
applicable City policies and ordinances, and as determined by the Public Works
Director/City Engineer. The grading and improvements shall include, but not
limited to: onsite/offsite grading, onsite/offsite street improvements, street lights,
traffic signals, signing and striping, water quality BMPs, and storm drainage
facilities.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY:
102. As -Built Plans – Prior to issuance of certificate of occupancy, the
developer/property owner shall cause the civil engineer of record to submit as-
built plans for completed improvements in a format and manner approved by the
Public Works Director/City Engineer. A copy of the final drawings in Auto CAD
2010 format on Compact Disc (CD), and scanned image of all final as -built plans
in PDF format shall be submitted to the PW Department. If the required files are
not provided, the developer/property owner shall pay a scanning fee to cover the
cost of scanning the as-built plans. The timing for submitting the as-built plans
shall be as determined by the Public Works Director/City Engineer.
B. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2
PRIOR TO ISSUANCE OF BUILDING PERMITS:
103. Annexation to the Citywide Community Facilities District (CFD) 2015-2 -
Prior to building permit issuance, the developer/property owner shall complete
the annexation of the proposed development, into the boundaries of the City of
Menifee citywide Community Facilities Maintenance District (Services) CFD
2015-2. The citywide CFD shall be responsible for:
The maintenance of public improvements or facilities that benefit this
development, including but not limited to, public landscaping, streetlights, traffic
signals, streets, drainage facilities, water quality basins, graffiti abatement, and
other public improvements or facilities as approved by the Public Works
Director.
The developer/property owner shall be responsible for all cost associated with
the annexation of the proposed development in the citywide CFD.
104. CFD Annexation Agreement - In the event timing for this development’s
schedule prevents the developer/property owner from complying with condition of
approval for CFD annexation, the developer shall enter into a CFD annexation
agreement to allow the annexation to complete after the issuance of building
permits, but prior to issuance of a Certificate of Occupancy. The developer shall
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be responsible for all costs associated with the preparation of the CFD
annexation agreement.
105. Assessment Segregation - Should this project lie within any
assessment/benefit district, the applicant shall, prior to building permit issuance,
make application for and pay for their reapportionment of the assessments or pay
the unit fees in the benefit district.
106. Landscape Improvement Plans for CFD Maintenance – Prior to building
permit issuance, landscape improvements within public ROW and/or areas
dedicated to the City for the citywide CFD to maintain shall be prepared on a
separate City CFD plans for review and approval by the PW Engineering
Department. The plans may be prepared for each project phase or as one plan
for the entire development as determined by the PW Director.
107. Parkway Landscaping Design Standards – The parkway areas behind the
street curb within the public’s right-of-way, shall be landscaped and irrigated per
City standards and guidelines.
108. CFD Landscape Guidelines and Improvement Plans – All landscape
improvements for maintenance by the CFD shall be designed and installed in
accordance with City CFD Landscape Guidelines, and shall be drawn on a
separate improvement plan on City title block. The landscape improvement plans
shall be reviewed and approved by the PW Engineering Department prior to
issuance of a construction permit.
109. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant
facilities to be maintained by the citywide CFD 2015-2 shall be built to City
standards. The developer shall be responsible for ensuring that landscaping
areas to be maintained by the CFD have its own controller and meter system,
separate from any private controller/meter system.
C. GRADING AND DRAINAGE
All grading shall conform to the latest adopted edition of the California Building Code,
the Riverside County Ordinance 457, applicable City design standards and
specifications, City ordinances, policies, rules and regulations governing grading in
the City.
110. Grading Permit for Clearing and Grubbing - Ordinance 457 requires a
grading permit prior to clearing, grubbing, or any top soil disturbances related to
construction grading activities.
111. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works
Engineering Department.
112. Slope Landscaping and Irrigation – All slopes greater than or equal to 3 feet
in vertical height shall be irrigated and landscaped with grass or ground cover.
Slopes exceeding 15 feet in vertical height shall be irrigated and planted with
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shrubs and/or trees per Riverside County Ordinance 457. Drip irrigation shall be
used for all irrigated slopes.
113. Slope Erosion Control Plan - Erosion control and/or landscape plans are
required for manufactured slopes greater than 3 feet in vertical height. The plans
shall be prepared and signed by a registered landscape architect, and bonded
per the Riverside County Ordinance 457.
114. Dust Control - During the actual grading, all necessary measures to control
dust shall be implemented by the developer/property owner in accordance with
Air Quality Management District (AQMD) requirements. A watering device shall
be present and in use at the project site during all grading operations.
115. Design Grade Criteria:
(a) On-Site Parking – Parking stalls and driveways shall not have grade
breaks exceeding 4%. A 30’ minimum vertical curve shall be provided
where grade breaks exceed 4%. Five percent grade is the maximum
slope for any parking area.
(b) Down Drains - Concrete down drains that outlet onto parking lot areas
are not allowed. Drainage that has been collected in concrete ditches or
swales should be collected into receiving underground drainage system,
or should outlet with acceptable velocity reducers into BMP devises.
(c) Slopes - All manufactured slopes exceeding 3 feet in height shall have
some type of drainage swale at the toe of the slope to collect any runoff.
(d) Pavement - Permeable pavement requires the layers of filter material to
be installed relatively flat. As such, the permeable pavement areas
should have a maximum surface gradient of 2%.
Non-compliance with any of the above criteria may require a redesign of the
project. Significant redesigns may require a revised Plot Plan.
116. Drainage Grade - Minimum drainage design grade shall be 1% except on
Portland cement concrete surfaces where 0.5% shall be the minimum. The
engineer of record must submit a variance request for design grades less than
1% with a justification for a lesser grade.
117. Use of Maximum and Minimum Grade Criteria – Actual field construction
grades shall not exceed the minimum and maximum grades for ADA and
approved project grading design, to allow for construction tolerances. Any
improvement that is out of the minimum and maximum values will not be
accepted by the City Inspector, and will need to be removed and replaced at
developer’s or owner’s expense.
118. Site Drainage - Positive drainage of the site shall be provided, and water shall
not be allowed to pond behind or flow over cut and fill slopes. Where water is
collected and discharged in a common area, protection of the native soils shall
be provided by planting erosion resistant vegetation, as the native soils are
susceptible to erosion by running water. All cut and fill slopes shall have a
maximum 2:1 grade, 2 horizontal to 1 vertical. Final determination of the
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foundation characteristics of soils within on-site development areas shall be
performed by a licensed geotechnical engineer.
119. 100 Year Drainage Facilities - All drainage facilities shall be designed to
accommodate 100 year storm flows as approved by the City of Menifee. All
drainage facilities shall conform to the approved drainage study.
120. Trash Racks. Trash racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large floatable debris.
PRIOR TO GRADING PERMIT ISSUANCE:
121. Erosion Control Plans – All grading plans shall require approved erosion
control plans. Graded but undeveloped land shall provide, in addition to erosion
control planting, drainage facilities deemed necessary to control or prevent
erosion. Erosion and sediment control Best Management Practices (BMPs) are
required year round in compliance with the State Water Resources Control Board
(SWRCB) General Construction Permit. Additional erosion protection may be
required during a rain event, or before an anticipated rain event.
122. Compliance with NPDES General Construction Permit – The
developer/property owner shall comply with the National Pollutant Discharge
Elimination System (NPDES) General Construction Permit (GCP) from the
SWRCB.
Prior to approval of the grading plans or issuance of any grading permit, the
developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a
Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the
WDID number issued by the SWRCB shall be reflected on all grading plans. For
additional information on how to obtain a GCP, contact the SWRCB.
123. SWPPP - Prior to approval of a grading plan or issuance of a grading permit,
the developer/property owner shall comply with the Federal Clean Water Act and
prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development.
A copy of the SWPPP shall be made available at the construction site at all times
during construction.
124. Geotechnical and Soils Reports Requirement – Prior to issuance of any
grading permit, geotechnical/soils reports shall be submitted to the Public Works
Engineering Department for review and approval. The geotechnical/soils,
compaction and inspection reports will be reviewed in conformance with the
latest edition of the Riverside County Technical Guidelines for Review of
Geotechnical and Geologic Reports. A pre-grading meeting, certifications,
approvals and inspection procedures will be implemented in accordance with City
Building and Safety Grading Inspection process. All grading shall be done in
conformance with the recommendations of the City approved geotechnical/soils
reports, and under the general direction of a licensed geotechnical engineer.
125. Grading Bonds – Prior to issuance of a grading permit for any grading in
excess of 50 cubic yards, the developer/project owner shall post adequate
performance security with the Public Works Engineering Department.
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126. Import/Export – Prior to issuance of a grading permit, grading plans involving
import or export of dirt shall require approval of the import/export locations from
the Public Works Engineering Department. Additionally, if either location was not
previously approved by an Environmental Site Assessment, a Grading
Environmental Site Assessment shall be submitted for review and approval by
the Public Works Engineering Department prior to issuance of any grading
permit. A haul route must be submitted for approval by the Engineering
department prior to grading operations.
127. Perpetual Drainage Patterns - Grading shall be designed in a manner that
perpetuates the existing natural drainage patterns with respect to tributary
drainage areas, outlet points and outlet conditions; otherwise, a drainage
easement shall be obtained from all affected property owners f or the release onto
their properties of concentrated or diverted storm flows. Prior to issuance of a
grading permit, a copy of the recorded drainage easements from all affected
property owners shall be submitted to the Public Works Engineering Department.
128. Authorization to Grade. No grading permit shall be issued for areas not
owned or controlled by the developer/property owner unless the
developer/property owner has secured authorization to grade and/or has control
over those areas to be included as part of their development boundaries. A
written authorization or equivalent document, as approved by the Public Works
Director, shall be provided to the Public Works Department prior to grading
permit issuance.
PRIOR TO BUILDING PERMIT ISSUANCE:
129. Offsite and Onsite Storm Drain Improvements – All storm drain facilities
required by the approved drainage study shall be reflected on the approved
improvement plans, and shall be completed for construction prior to issuance of a
building permit. These storm drain improvements shall include the Bio-Retention
basin located on Newport Road and Menifee Road. The improvements shall be
subject to the review and approval of the Public Works Director.
130. Building Footprints over Setback/Right of Way Lines – Prior to issuance of
any building permit, the project shall ensure that no building footprints will cross
over any existing or proposed right of way lines and setback lines.
131. No Building Permit without Grading Permit - Prior to issuance of any
building permit, the developer/property owner shall obtain a grading permit
and/or approval to construct from the Public Works Engineering Department.
132. Final Rough Grading Conditions – Prior to issuance of any building permit,
the developer/property owner shall cause the Civil Engineer of Record and Soils
Engineer of Record for the approved grading plans, to submit signed and wet
stamped rough grade certification and compaction test reports with 90% or better
compaction, for the lots for which building permits are requested. The
certifications shall use City approved forms, and shall be submitted to the Public
Works Engineering Department for verification and acceptance.
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133. Conformance to Elevations/Geotechnical Compaction - Rough grade
elevations for all building pads and structure pads submitted for grading plan
check approval shall be in substantial conformance with the elevations shown on
approved grading plans. Compaction test certification shall be in compliance with
the approved project geotechnical/soils report.
134. Offsite and Onsite Storm Drain Improvements – All storm drain facilities
required by the approved drainage study, and reflected on the approved
improvement plans shall be constructed and shall be operational prior to
issuance of a building permit. These storm drain improvements shall include the
Bio-Retention basin located adjacent to Newport Road and Menifee Road. These
improvements shall be subject to the review and approval of the Public Works
Director.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY:
135. Final Grade Certification – Prior to issuance of Certificate of Occupancy, the
developer/property owner shall cause the Civil Engineer of Record for the
approved grading plans, to submit signed and wet stamped f inal grade
certification on City approved form, for the building for which a certificate of
occupancy is requested. The certification shall be submitted to the Public Works
Engineering Department for verification and acceptance.
136. Conform to Elevations - Final grade elevations of all building or structure
finish floors submitted for grading plan check approval shall be in substantial
conformance with the elevations shown on the approved grading plans.
D. WATER, SEWER AND RECYCLED WATER
The following utility improvements shall be designed per the Eastern Municipal Water
Districts (EMWD) standards and specifications, including required auxiliaries and
appurtenances. The final design, including pipe sizes and alignments, shall be
subject to the approval of EMWD.
137. Sewer Lines – Any new sewer line alignments or realignments shall be
designed such that the manholes are aligned with the center of lanes or on the
lane line and in accordance with Riverside County Ordinances 460/461 and
Eastern Municipal Water District standards.
138. Water Mains and Hydrants - All water mains and fire hydrants providing
required fire flows shall be constructed in accordance with the Riverside County
Ordinance Numbers 460 and 787, and subject to the approval of the Eastern
Municipal Water District and the Riverside County Fire Department. All water
lines for the purpose of landscaping irrigation shall use recycled water.
139. Dry Utility Installations - Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance
with Riverside County Ordinance Numbers 460 and 461, or as approved by the
Public Works Director/City Engineer.
PRIOR TO BUILDING PERMIT ISSUANCE:
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140. Onsite and Offsite Sewer, Water and Recycled Water Improvements – All
onsite and offsite sewer, water and recycled water lateral connections to the
street right-of-way shall be shall be completed for construction prior to issuance
of a building permit.
E. STREETS AND DEDICATIONS
Street improvements shall conform to all applicable City Design Standards and
Specifications, the City General Plan, the Riverside County Ordinance 461, and all
other relevant laws, rules and regulations governing street construction in the City.
141. Acceptance of Public Roadway Dedication and Improvements –
Easements and right-of way for public roadways shall be granted to the City of
Menifee through final map, or other acceptable recordable instrument.
142. Onsite and Offsite Public Street Lights Ownership and Maintenance – All
proposed public street lights shall be designed in accordance with City approved
standards and specifications, and as determined and approved by the PW
Director. The City shall have ownership and maintenance of all proposed public
street lights and associated appurtenances, and therefore shall be provided with
adequate service points for power. The design shall be incorporated in the
project’s street improvement plans or in a separate street light plan as
determined and approved by the PW Director.
143. Public Street Light Service Point Addressing – The developer shall
coordinate with the PW Department and with Southern California Edison the
assignment of addresses to public street light service points. These service
points shall also be owned by the City and shall be located within public’s right of
way or within duly dedicated public easements.
144. ADA Compliance – ADA path of travel shall be designed at the most
convenient accesses and the shortest distance to the buildings in accordance
with ADA design standards and to the satisfaction of the Public Works
Director/City Engineer and the City Building Official.
145. Paving or Paving Repairs – The applicant shall be responsible for obtaining
the paving inspections required by Ordinance 461. Paving and/or paving repairs
for utility street cuts shall be per City of Menifee Standards and Specifications
and as approved by the Public Works Director/City Engineer.
146. Concrete Work – All concrete work including curbs, gutters, sidewalks,
driveways, cross gutters, catch basins, manholes, vaults, etc. shall be
constructed to meet a 28 day minimum concrete strength of 3,250 psi.
PRIOR TO ISSUANCE OF CONSTRUCTION/ENCROACHMENT PERMIT:
147. Encroachment Permits – The developer/property owner shall obtain all
required encroachment permits and clearances prior to start of any work within
City, State, or local agency right-of-way.
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148. Improvement Bonds – Prior to issuance of any construction permit for all
required onsite and offsite public improvements, the developer/project owner
shall post acceptable bonds or security to guarantee the construction of all
required improvements. The bonds shall be in accordance with all applicable City
ordinances; resolutions and municipal codes (See also bond agreement
condition under General Condition).
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY:
149. Driveways and Driveway Approaches – Commercial Driveways and
Driveway Approaches shall be designed and constructed per City of Menifee No.
208. The modified County of Riverside standard 207A may be used as
determined by the Public Works Director/City Engineer. Prior to issuance of
Certificate of Occupancy, the proposed driveway as shown on the proposed Plot
Plan shall be constructed.
150. Offsite Street Improvements – The following offsite improvement shall be
completed and shall be operational prior to issuance of Certificate of Occupancy:
(a)Approximately 570 linear feet of frontage improvements along Newport Road.
Improvements shall include but not limited to: AC pavement, curb, gutter,
commercial driveway, sidewalk, street lights, striping and dry utilities. Street
Improvements shall extend 10 (ten) feet past Newport Road centerline and as
determined by the Public Works Director.
(b)Approximately 360 linear feet of frontage improvements along Menifee Road.
Improvements shall include but not limited to: commercial driveway, striping
and dry utilities. Street Improvements shall extend 10 (ten) feet past Menifee
Road centerline and as determined by the Public Works Director.
F. TRAFFIC ENGINERING
151. Traffic Impact Analysis Report – The development shall comply with all the
mitigation measures identified to be constructed or provided in the approved
traffic impact analysis (TIA), dated July 22, 2015. The developer/property owner
shall be responsible for all improvements and mitigations, such as fair share
fees, required or identified in the approved traffic study. All required
improvements identified in the study shall be included in all improvement plans
for review and approval by the Public Works Department.
PRIOR TO ISSUANCE OF CONSTRUCTION PERMIT:
152. Signing and Striping Plan – Prior to issuance of a construction permit, any
necessary signing and striping plan shall be approved by the City Traffic
Engineer in accordance with City ordinances, standards and specifications, and
with the latest edition of the CAMUTCD.
153. Construction Traffic Control Plan - Prior to start of any project related
construction, the developer/property owner shall submit to the Public Works
Engineering Department for review and approval, a Construction Traffic Control
Plan in compliance with all applicable City ordinances, standards and
specifications, and the latest edition of the CAMUTCD. This traffic control plan
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shall address impacts from construction vehicular traffic, noise, and dust and
shall propose measures to mitigate these effects. The traffic control plan shall
include a Traffic Safety Plan for safe use of public roads right of way during
construction. The plan shall specify the following mitigation measures to address
the following:
(a) Dust and dirt fallout from truck loads and gets entrained onto City
roadways: (1) Biweekly street sweeping during construction activity, and
daily during all grading operations. (2) Approved BMPs shall be installed
at all approved construction entrances as part of the SWPPP.
(b) Noise from construction truck traffic: Include construction time and
operation of vehicles through surrounding residential streets.
(c) Traffic safety within the road right-of-way: Include temporary traffic control
measures and devices.
(d) No construction related traffic shall be allowed on Menifee Road south of
Rockport Road for the purposes of limiting noise, safety, and other
impacts to the nearby school and residential land uses to the south.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY:
154. Offsite Traffic Signal and Street Improvements – The developer/property
owner shall ensure that the following offsite improvement are completed and
operational prior to issuance of Certificate of Occupancy:
a. Construct a 5 foot widening on the south side of Newport Road adjacent
to the property boundary line to provide a de facto deceleration / right turn
into the Newport Road project driveway. A minimum 120 foot bay taper
will be provided approaching the de facto deceleration lane.
Construct the Newport Road Driveway as a right turn in/right turn out only
driveway. The northbound approach will have one dedicated right turn
lane outbound and one dedicated lane inbound. The northbound
approach will be STOP controlled.
b. Construct improvements at the intersection of Menifee Road / Newport
Road to provide the following intersection geometries:
Northbound: One left turn lane, two through lanes, and one right
turn lane (no modifications). A minimum 3’ raised median shall be
constructed on Menifee Road from Newport Rd to Rockport Road.
Southbound: One left turn lane, two through lanes and one right
turn lane (no modifications).
Eastbound: One left turn lane, three through lanes, and one
defacto right turn lane.
Westbound: One left turn lane, three through lanes, and one right
turn lane (no modifications).
These intersection modifications will be subject to the review and
approval of the City Traffic Engineer.
c. Construct the Menifee Road Driveway as a restricted right turn in / right
turn out only driveway. The eastbound approach will include one
dedicated right turn lane outbound and one dedicated lane inbound. The
eastbound approach will be STOP controlled. “Right Turn Only” signs
shall be erected to restrict outbound left turn access.
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d. Install a school flashing beacon warning system along Menifee Road.
The system shall be provided in both approaches to the school.
Approved warning system will be determined in final engineering.
(The condition listed above was modified by the Planning Commission at
the October 14, 2015 public hearing)
155. Offsite Intersection Improvement Fair Share Contributions – Prior to
issuance of a Certificate of Occupancy, the developer/property owner shall pay
fair share contributions for the construction and completion of the full width
intersection improvements at the intersection of Menifee Road and Newport
Road, as described below:
Westbound: Two left turn lanes, three through lanes, and one
dedicated right turn lane.
Eastbound: Two left turn lanes, three through lanes, and a
defacto right turn lane
The project’s fair share traffic percentage at the intersection of Menifee Rd /
Newport Rd is 5.6%. Based on the cost estimate of $361,120 for the identified
improvements, the Project’s fair share contribution towards the proposed traffic
signals is $20,223.
G. NPDES and WQMP
All City of Menifee requirements for NPDES and Water Quality Management Plans
(WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for
Stormwater/Urban Runoff Management Program unless otherwise approved by the
Public Works Director/City Engineer. This project is required to submit a project
specific FINAL WQMP.
156. Trash Enclosures Standards and Specifications – Storm runoff resulting in
direct contact with trash enclosure, or wastewater runoff from trash enclosure are
prohibited from running off a site onto the City MS4 without proper treatment.
Trash enclosures in new developments and redevelopment projects shall meet
new storm water quality standards including:
(a) Provision of a solid impermeable roof with a minimum clearance height to
allow the bin lid to completely open.
(b) Constructed of reinforced masonry without wooden gates. Walls shall be
at least 6 feet high.
(c) Provision of concrete slab floor, graded to collect any spill within the
enclosure.
(d) All trash bins in the trash enclosure shall be leak proof with lids that are
continuously kept closed.
(e) The enclosure area shall be protected from receiving direct rainfall or run-
on from collateral surfaces.
Any standing liquids within the trash enclosures without 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
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sanitary sewer as an option, in accordance with Eastern Municipal Water District
(EMWD) criteria.
An alternate floor drain from the interior of the enclosure that discharges to the
sanitary sewer may be constructed only after obtaining approval from EMWD.
This option requires the following:
(a) The trash enclosure shall be lockable and locked when not in use with a
2-inch or larger brass resettable combination lock. Only employees and
staff authorized by the enclosure property owner shall be given access.
This requirement may not be applicable to commercial complexes with
multiple tenants.
(b) A waterless trap primer shall be provided to prevent escape of gasses
from the sewer line and save water.
(c) Hot and cold running water shall be provided with a connection nearby
with an approved backflow preventer. The spigot shall be protected and
located at the rear of the enclosure to prevent damage from bins.
PRIOR TO GRADING PERMIT ISSUANCE:
157. Final Project Specific Water Quality Management Plan (Final WQMP) –
Prior to issuance of a grading permit, a FINAL project specific WQMP in
substantial conformance with the approved PRELIMINARY WQMP, shall be
reviewed and approved by the Public Works Engineering Department. Final
construction plans shall incorporate all of the structural BMPs identified in the
approved FINAL WQMP. The final developed project shall implement all
structural and non-structural BMPs specified in the approved FINAL WQMP. One
copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be
submitted to the Public Works Engineering Department. The FINAL WQMP
submittal shall include at the minimum the following reports/studies:
(a) Hydrology/hydraulics report
(b) Soils Report that includes soil infiltration capacity
(c) Limited Phase II Environmental Site Assessment Report that include
testing for the presence of bio solids/sludge
158. WQMP Maintenance Agreement – Prior to, or concurrent with the approval of
the FINAL WQMP, the developer/project owner shall record Covenants,
Conditions and Restrictions (CC&R’s), or enter into an acceptable maintenance
agreement with the City to inform future property owners of the requirement to
perpetually implement the approved FINAL WQMP. The agreement shall also
include a provision for the City to have a right of entry to the developed site to
ensure post development WQMP facilities are in acceptable working conditions.
159. Hydrology/Hydraulics Study – Prior to grading permit issuance, the project’s
hydrology/hydraulics study shall be reviewed and approved by the Public Works
Department. The study shall analyze at a minimum the following: project site
drainage flow; all future improvements drainage flow; Q10, Q100, pre- and post-
condition flow rates; anticipated total drainage flow into existing storm drain; and
existing storm drain capacity. The project shall comply with all mitigation
recommended by the approved drainage study.
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PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY:
160. WQMP/BMP Education – Prior to issuance of Certificate of Occupancy, the
developer/project owner shall provide the City proof of notification to future
occupants of all non-structural BMP’s and educational and training requirements
for said BMP’s as directed in the approved WQMP. Acceptable proof of
notification must be in the form of a notarized affidavit at the minimum.
161. Inspection of BMP Installation - Prior to issuance of Certificate of Occupancy,
all structural BMPs included in the approved FINAL WQMP shall be inspected for
completion of installation in accordance with approved plans and specifications,
and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all
proposed structural BMPs are in working conditions, and that a hard copy and/or
digital copy of the approved FINAL WQMP are available at the site for use and
reference by future owners/occupants. The inspection shall ensure that the
FINAL WQMP at the site includes the BMP Operation and Maintenance Plan,
and shall include the site for in a City maintained database for future periodic
inspection.
H. MAINTENANCE OF PARKWAY LANDSCAPING WITHIN PUBLIC RIGHT OF WAY
162. Parkway Landscaping Design Standards - The parkway areas behind the
sidewalk within the right-of-way, shall be landscaped and irrigated per City
standards and guidelines.
163. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant
facilities to be maintained by CFD 2015-2 shall be built to City standards. The
developer shall be responsible for ensuring that landscaping areas to be
maintained by the CFD have its own controller and meter system, separate from
any private controller/meter system.
PRIOR TO BUILDING PERMIT ISSUANCE:
164. Landscape Improvement Plans for CFD Maintenance – Prior to the
issuance of building permits, landscape improvements within public ROW and/or
areas dedicated to the City for the citywide CFD to maintain shall be prepared on
separate City CFD plans for review and approval by the PW Engineering
Department.
165. Landscape Inspection for CFD Maintained Parkway – Prior to the issuance
of occupancy releases, the permittee landscape architect responsible for
preparing the “Landscape Improvement Plans for CFD Maintenance” shall
arrange for a Pre-Landscape installation inspection and a Landscape Completion
Installation Inspection with the Public Works Department. All required landscape
planting and irrigation shall have been installed in accordance with approved
“Landscape Improvement Plans for CFD Maintenance”. The final landscape
approval following installation shall be subject to the review and approval of the
City’s Landscape Architectural Consultant and the PW Director.
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I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
166. Fees and Deposits – Prior to approval of any grading plans, improvement
plans, issuance of building permits, and/or issuance of certificate of occupancy,
the developer/property owner shall pay all fees and deposits applicable to this
development including TUMF and RBBD fees as applicable. Said fees and
deposits shall be collected at the rate in effect at the time of collection as
specified in current City resolutions and ordinances.
Section IV:
Riverside County Fire Department
Conditions of Approval
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General Conditions
160. West Fire Protection Planning Office Responsibility. It is the responsibility
of the recipient of these Fire Department conditions to forward them to all
interested parties. The permit number (14-MENI-PP-0914) is required on all
correspondence.
Additional information is available at our website: www.rvcfire.org or go to the link
marked “Ordinance 787”.
Questions should be directed to the Riverside County Fire Department, Fire
Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501.
Phone: (951) 955-4777, Fax: (951) 955-4886
161. City Case Statement. With respect to the conditions of approval for the
referenced project, the Fire Department recommends the following fire protection
measures be provided in accordance with Riverside County Ordinance and/or
recognize fire protection standards.
162. Blue Dot Reflectors. Blue retro reflective pavement markers shall be mounted
on private streets, public streets and driveways to indicate location of fire
hydrants. Prior to installation, placement of markers must be approved by the
Riverside County Fire Department.
163. Super Fire Hydrants. The required fire flow shall be available from 4 super
hydrant(s) (6" x 4" x 21/2" x 21/2") spaced not more than 300 apart and shall be
capable of delivering a fire flow 1,750 GPM for 3-hours duration at 20 psi residual
operating pressure, which must be available before any combustible material is
placed on the construction site.
Prior to Issuance of Building Permit
164. Water Verification. The required water system, including all fire hydrant(s), shall
be installed and accepted by the appropriate water agency and the Riverside
County Fire Department prior to any combustible building material placed on an
individual lot. Contact the Riverside County Fire Department to inspect the
required fire flow, street signs, all weather surface, and all access and/or
secondary. Approved water plans must be at the job site.
Prior to Final Inspection
165. Fire Sprinklers. Fire sprinklers are required in all buildings exceeding 3,600 sq.
ft., Install Fire Sprinkler Systems per NFPA 13, 2013 Edition. Plans must be
submitted to the Fire Dept. for review and approval prior to installation.
166. Fire Alarm System. Install an alarm monitoring system for fire sprinkler
system(s) with 20 or more heads, along with current permit fees, to the Fire
Department for review and approval prior to installation.
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Section V:
Riverside County Environmental
Health Conditions of Approval
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General Conditions
167. Hazardous Materials Management Branch (HMMB). Any facility proposing the
storage of hazardous materials (HazMat) greater than 55 gallons, 200 cubic feet
or 500 pounds, or any acutely hazardous materials or extremely hazardous
substances shall require a Business Emergency Plan (BEP) to be submitted to
HMMB for review and acceptance. If further review of the site indicates
additional environmental health issues, HMMB reserves the right to regulate the
business in accordance with applicable County Ordinances. Please contact
HMMB at (951) 358-5055 to obtain information regarding any additional HazMat
requirements.
168. Retention Basin(s) – No Vectors. Any proposed retention basin(s) shall be
constructed and maintained in a manner that prevents vector breeding and
vector nuisances.
169. Hazardous Materials – General. If a previously unidentified release or
threatened release of a hazardous material or the presence of a naturally
occurring hazardous material is discovered during development at the site,
construction activities shall cease and RCDEH-ECP and/or the appropriate
regulatory agency shall be notified immediately. Additionally, further assessment
and/or clean up may be required.
Prior to Building Permit Issuance Conditions
170. Food Plans. Prior to the issuance of a building permit, the applicant shall be
required to contact the Riverside County Department of Environmental Health
(DEH) District Environmental Services to determine the appropriate food facility
plan check and/or permitting requirements. For further information call (951)
461-0284.
County of Riverside Department of Environmental Health
District Environmental Services – Hemet Office
800 S. Sanderson Avenue
Hemet, CA 92545
171. Potable Water and Sanitary Service. Prior to building permit issuance, the
applicant shall submit the “First Release Letter” to the Riverside County
Department of Environmental Health (DEH) stating that the project is receiving
potable water and sanitary sewer service from Eastern Municipa l Water District
(EMWD). It is the responsibility of the developer to ensure that hall requirements
to obtain potable water and sanitary sewer service are met with EMWD, as well
as, all other applicable agencies. As the agency providing sewer service,
EMWD shall also have the responsibility to implement any grease interceptor
requirements, including sizing capacity and minimum structural specification, if
necessary.
The developer will be required to make a submittal to EMWD to determine the
requirements for obtaining service(s) which includes, but is not limited to:
1. Discuss potential candidacy for recycled water service
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2. Review of the project within the context of existing infrastructure
3. Evaluation of the project’s preliminary design and points of connections
4. Formal Application for Service detailing applicable fees and deposits to
proceed with EMWD approved service connections.
172. Removal/Abandonment of Septic Systems and/or Wells. Any existing septic
systems and/or wells shall be properly removed or abandoned under permit with
DEH prior to building permit issuance.
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Section VI:
Riverside County Environmental
Programs Department
Conditions of Approval
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Prior to Grading Permit Conditions
173. Nesting Bird Survey. If grading is to occur for Plot Plan No. 2015-031 during
the nesting season (February 15 – August 31), a nesting bird survey shall be
conducted within 30 days prior to grading permit issuance. This survey shall be
conducted by a qualified biologist holding an MOU with Riverside County. The
findings shall be submitted to EPD for review and approval.
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The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
_______________________________________________ ___________________
Signed Date
_______________________________________________ ___________________
Name (please print) Title (please print)
Page 1 of 9
EXHIBIT “2”
Conditions of Approval for
Conditional Use Permit No. 2015-032
“Rite Aid and Fast-Food Restaurant at Newport Road
and Menifee Road – Rite Aid Alcohol Sales”
Section I: Conditions applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Page 2 of 9
Section I:
Conditions Applicable to all
Departments
Page 3 of 9
General Conditions
1. Description. The use hereby permitted is to allow the sale of beer, wine, and
distilled spirits for off-premise consumption at the proposed Rite Aid drug store
and pharmacy located on the southwest corner of the intersection of Newport
Road and Menifee Road, (APN: 364-030-004 & -005).
2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless
the City of Menifee and its elected city council, appointed boards, commissions,
committees, officials, employees, volunteers, contractors, consultants, and
agents from and against any and all claims, liabilities, losses, fines, penalties,
and expenses, including without limitation litigation expenses and attorney’s fees,
arising out of either the City’s approval of the Project or actions related to the
Property or the acts, omissions, or operations of the applicant/developer and its
directors, officers, members, partners, employees, agents, contractors, and
subcontractors of each person or entity comprising the applicant/developer with
respect to the ownership, planning, design, construction, and maintenance of the
Project and the Property for which the Project is being approved. In addition to
the above, within 15 days of this approval, the developer/applicant shall enter
into an indemnification agreement with the City. The indemnification agreement
shall be substantially the same as the form agreement currently on file with the
City.
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Conditional Use Permit No. 2015-032 shall be
henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2015-031, sheets 1-
2 (EX-1 to EX-1.2), dated 9/21/15.
4. Ninety (90) Days to Protest. The land divider has ninety (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 the approval or conditional approval of this project.
5. City of Menifee. The City of Menifee is a new City, incorporated on October 1,
2008; the City is studying and adopting its own ordinances, regulations,
procedures, processing and development impact fee structure. In the future the
City of Menifee will identify and put in place various processing fees to cover the
reasonable cost of the services provided. The City also will identify and fund
mitigation measure under CEQA through development impact fees. Such fees
may include but are not limited to processing fees for the costs of providing
planning services when development entitlement applications are submitted,
which fees are designed to cover the full cost of such services, and development
impact fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing districts
to cover the costs of maintenance of improvements constructed by development,
Permittee agrees to petition for formation of, annexation to or inclusion in any
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such financing district and to pay the cost of such formation, annexation or
inclusion.
The permittee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
6. Comply with All Conditions. The applicant/developer shall comply with all
terms and conditions of Plot Plan No. 2015-031.
7. 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. Business Registration. Every person conducting a business within the City of
Menifee shall obtain a business license, as required by the Menifee Municipal
Code. For more information regarding business registration, contact the City of
Menifee.
9. Expiration Date. This approval shall be used within two (2) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. By
use is meant the beginning of substantial construction contemplated by this
approval within two (2) year period which is thereafter diligently pursued to
completion or to the actual occupancy of existing buildings or land under the
terms of the authorized use. Prior to the expiration of the two year period, the
permittee may request a one (1) year extension of time in which to begin
substantial construction or use of this permit. Should the one year extension be
obtained and no substantial construction or use of this permit be initiated within
three (3) years of the approval date this permit, shall become null and void.
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Section II:
Community Development
Department Conditions of
Approval
Page 6 of 9
General Conditions
10. 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, unless otherwise amended by these conditions of
approval.
11. Licensing. At all times during the conduct of the permitted use the permittee
shall maintain and keep in effect valid licensing approval from the Department of
Alcohol Beverage Control, or equivalent agency as provided by law. Should such
licensing be denied, expire or lapse at any time in the future, this permit shall
become null and void.
12. Alcohol Education. The owner and the management of the drug store and
pharmacy shall educate the public regarding driving under the influence of
intoxicating beverages, minimum age for purchase and consumption of alcoholic
beverages, driving with open containers and the penalty associated with violation
of these laws.
13. Alcohol Warnings. The owner and the management of the drug store and
pharmacy shall provide health warnings about the consumption of alcoholic
beverages. This educational requirement may be met by posting prominent
signs, decals or brochures at points of purchase.
14. Alcohol Training. The owner and the management of the drug store and
pharmacy shall provide adequate training for all employees at the location as to
these matters.
15. Hours of Operation. The hours of operation for the drug store and pharmacy
only shall are to be limited to 6:00 a.m. to 10:00 p.m. (seven [7] days per week).
16. State of California Department of Alcoholic Beverage Control (ABC)
License. The property owner or convenience store operator is responsible for
obtaining the appropriate ABC license. Proof of such license shall be submitted
to the City.
17. Ceased Operations. In the event the use hereby permitted ceases operation for
a period of one (1) year or more, excluding renovation and casualty, this approval
shall become null and void.
18. Alcohol Sales. The following development standards shall apply to the sale of
distilled spirits, beer and wine at the drug store/pharmacy:
a. The property owner, tenant of the premises and their management shall
educate the public regarding driving under the influence of intoxicating
beverages, minimum age for purchase and consumption of alcoholic
beverages, driving with open containers and the penalty associated with
violation of these laws. In addition, the property owner, tenant of the premises
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and their management shall provide health warnings about the consumption
of alcoholic beverages. This educational requirement may be met by posting
prominent signs, decals or brochures at points of purchase. In addition, the
property owner, tenant of the premises and their management shall provide
adequate training for all employees at the location as to these matters.
b. No displays of beer, wine or other alcoholic beverages shall be located within
five feet of any building entrance or checkout counter.
c. No lighted advertising for beer, wine or other alcoholic beverages shall be
located on the exterior of buildings or within window areas.
d. Employees selling beer and wine between the hours of 10:00 p.m. and 2:00
a.m. shall be at least 21 years of age.
e. No sale of alcoholic beverages shall be made from a drive-in window.
f. All alcoholic beverage displays and storage areas, and all electrical coolers
containing alcoholic beverages shall be locked between the hours of 2:00
a.m. and 6:00 a.m. (if the store is open during these hours) in order to
prevent public access to alcoholic beverages during those hours.
19. Beer, Wine and Distilled Spirits. This approval is for the sale of beer, wine and
Distilled Spirits for offsite consumption only.
20. Business Licensing. Every person conducting a business within the City of
Menifee, as defined in Ordinance No. 857, shall obtain a business license. For
more information regarding business registration, contact the City of Menifee.
21. No Permanent Occupancy. No permanent occupancy shall be permitted within
the property approved under this conditional use permit 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.
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Prior to Final Inspection
22. Security Systems. Prior to the issuance of final occupancy, the applicant shall
prepare a security plan for the site. Pursuant to recommendations from the
Riverside County Sheriff’s Department, in addition to the common
burglary/security alarm system, the applicant shall also install exterior cameras to
monitor all parking stalls surrounding the exterior of this store. These cameras
shall be attached to the proposed light poles in the parking lot and/or the exterior
of the building itself. Security cameras shall be installed in the interior of this
business that records the shopping aisles as well as the counters and cash
registers. The interior and exterior cameras shall be equipped with recording
capabilities allowing it to save a minimum of four months of recording time.
23. Security System Inspection. The Riverside County Sheriff Department and/or
Planning Division of the Community Development Department shall verify that
the security system has been installed in compliance with the Riverside County
Sheriff Department’s requirements prior to final occupancy.
FEES
24. Subsequent Submittals and Fees. 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.
Page 9 of 9
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 Date
_______________________________________________ ___________________
Name (please print) Title (please print)