PC16-247Page 1 of 38
EXHIBIT “1”
Conditions of Approval for
Tentative Parcel Map No. 36998
(Planning Application
Tentative Parcel Map No. 2015-247)
Schedule ‘E’ Subdivision
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
Page 2 of 38
Section I:
Conditions Applicable to all
Departments
Page 3 of 38
General Conditions
1. Project Description. Tentative Parcel Map No. 2015-247 (Tentative Parcel
Map No. 36998) proposes a Schedule ‘E’ Commercial Parcel Map of 2.6 gross
acres into two (2) parcels (Parcel 1 = 1.76 gross acres; Parcel 2 = 0.84 gross
acres). The site is located on the southwest corner of the intersection of
Newport Road and Menifee Road (APN: 364-030-004 & -005). Access to the
project site will occur off of Newport Road and Menifee Road.
2. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative Parcel Map No. 36998 shall be
henceforth defined as follows:
TENTATIVE MAP = Tentative Parcel Map No. 36998, dated 12/30/15,
(Planning Application No. 2015-247)
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
PLOT PLAN = Plot Plan No. 2015-031 approved by Planning Commission
on October 14, 2015.
3. 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.
4. 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.
5. Newly Incorporated City. The City of Menifee is a new City, incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. In
the future the City of Menifee will identify and put in place various processing
fees to cover the reasonable cost of the services provided. The City also will
identify and fund mitigation measure under CEQA through development
impact fees. Such fees may include but are not limited to processing fees for
Page 4 of 38
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, Permitee agrees to petition for
formation of, annexation to or inclusion in any such financing district and to
pay the cost of such formation, annexation or inclusion.
The permitee acknowledges it is on notice of the current development fees
and understands that such fees will apply at the levels in effect at the time the
fee condition must be met as specified herein.
6. Comply with Ordinance No. 460. This land division shall comply with the
State of California Subdivision Map Act and to all requirements of Ordinance
No. 460, Schedule E, unless modified by the conditions listed herein.
7. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the City of Menifee Planning Commission’s original
approval date, unless extended as provided pursuant to the, Subdivision Map
Act, Ordinance No. 460 or subsequent ordinance adopted by the City. Action
on a minor change and/or revised map request shall not extend the time limits
of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires
before the recordation of the final phase, no further FINAL MAP recordation
shall be permitted.
8. No Building Permits. Planning Application Tentative Parcel Map No. 2015-
247 (TPM 36998) is for a Schedule ‘E’ subdivision. No building permits shall
be issued pursuant to this subdivision. Conditions pertaining to building
permits shall refer to the PLOT PLAN.
Page 5 of 38
Section II:
Community Development
Department Conditions of
Approval
Page 6 of 38
General Conditions
9. 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.
10. 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.
11. 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.
12. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this parcel map as a principal place of
residence. No person shall be entitled to vote using an address within the
premises as a place of residence.
13. 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).
14. 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, Riverside County, California”, dated January 16, 2015.
GEO No. 2427 concluded:
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:
Page 7 of 38
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.
15. 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).
16. 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 unless first reviewed and approved by the Community Development
Department.
17. 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.
18. 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%.
Page 8 of 38
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%.
19. 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.
20. Hazardous Materials. Hazardous materials are not accepted at Riverside
County landfills. In compliance with federal, state, and local regulations and
ordinances, any 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.
21. Recreational Vehicle Parking. No overnight recreational vehicle parking or
camping will be allowed within the site.
22. 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.
23. Bike Lanes. In accordance with the City of Menifee General Plan and
APPROVED EXHIBIT G of Plot Plan No. 2015-031 as approved by the
Planning Commission on October 14, 2015, a Class II bike lane shall be
striped 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. However, the applicant shall not be responsible for
striping, because this bike lane will be striped (by others) at ultimate condition.
The Newport Road bike lane shall have enhanced striping to distinguish it
from a vehicle travel lane.
24. 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.
Page 9 of 38
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 f ood 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.
Archaeology
25. 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.
26. 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
Page 10 of 38
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).
a. 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.
b. 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.
c. 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.
d. 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.
e. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the
preferred method of preservation for archaeological resources and
cultural resources. If the landowner and the Tribe(s) cannot agree on the
significance or the mitigation for the archaeological or cultural resources,
these issues will be presented to the City Community Development
Director for decision. The City Community Development Director shall
make the determination based on the provisions of the California
Environmental Quality Act with respect to archaeological resources,
recommendations of the project archeologist and shall take into account
the cultural and religious principles and practices of the Tribe.
Notwithstanding any other rights available under the law, the decision of
the City Community Development Director shall be appealable to the City
Planning Commission and/or City Council.”
Landscaping
27. 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).
Fees
28. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan
Page 11 of 38
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 Final Map
29. Final Map. After the approval of the TENTATIVE MAP and prior to the
expiration of said map, the developer/owner shall cause the real property
included within the TENTATIVE MAP, or any part thereof, to be surveyed and
a FINAL MAP thereof prepared in accordance with the current Engineering
Department requirements, the conditionally approved TENTATIVE MAP, and
in accordance with Article IX of Ordinance No. 460.
30. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or
registered civil engineer.
31. On-site Maintenance Entity. PRIOR TO MAP RECORDATION, the following
procedures for common area maintenance procedures shall be complied with:
a. A permanent master maintenance organization shall be established for
the project area, to assume ownership and maintenance responsibility for
areas including, but not limited to the common recreation, open space,
circulation systems, detention basin, and landscaped areas on-site.
b. Unless otherwise provided for in these conditions of approval, common
open areas shall be conveyed to the maintenance organization as
implementing development is approved or any subdivision as recorded.
c. The maintenance organization shall be established prior to or concurrent
with the recordation of the first land division.
32. CCR’s Private Common Area. PRIOR TO MAP RECORDATION the
applicant shall notify the Community Development Department that the
following documents shall be submitted to the City Attorney and submit said
documents for review along with the current fee, which shall be subject to City
Attorney approval:
a. A cover letter identifying the project for which approval is sought and
identifying one individual to represent the land divider if there are any
questions concerning the review of the submitted documents;
b. A signed and notarized declaration of covenants, conditions and
restriction. Attached to these documents there shall be included a legal
description of the property included within the CC&Rs and a scaled map
or diagram of such boundaries, both signed and stamped by a California
registered civil engineer or licensed land surveyor;
Page 12 of 38
c. A sample document, conveying title to the purchaser of an individual lot or
unit, which provides that the declaration of covenants, conditions and
restrictions is incorporated therein by reference; and,
d. A deposit fee for Review if Covenants, Conditions and Restrictions
established pursuant to the City fee schedule at the time the above-
referenced documents are submitted for City Attorney review.
The declaration of covenants, conditions and restrictions submitted for review
shall:
1. provide for a minimum term of 60 years,
2. provide for the establishment of a property owners' association
comprised of the owners of each individual lot or unit, provide for
ownership of the common area by either the property owners'
association or the owners of each individual lot or unit as tenants in
common.
e. The declaration of CC&Rs shall contain the following provisions:
1. "Notwithstanding, any provision in this Declaration to the contrary,
the following provisions shall apply:
The [property owners' association] established herein shall
manage and continuously maintain the 'common area', as more
particularly described on the Tentative Map which is attached
hereto, and shall not sell or transfer the 'common area' or any part
thereof, absent the prior written consent of the Community
Development Director of the City of Menifee.
The [property owners' association] shall have the right to assess
the owners of each individual lot or unit for the reasonable cost of
maintaining such 'common area' and shall have the right to lien
the property of any such owner who defaults in the payment of a
maintenance assessment. An assessment lien, once created,
shall be prior to all other liens recorded subsequent to the notice
of assessment or other document creating the assessment lien.
This Declaration shall not be terminated, 'substantially' amended,
or property de-annexed there from absent the prior written
consent of the Community Development Director of the City of
Menifee. A proposed amendment shall be considered 'substantial'
if it affects the extent, usage or maintenance of the 'common area'
established pursuant to this Declaration.
In the event of any conflict between this Declaration and the
Articles of Incorporation, the Bylaws, or the [property owners'
association] Rules and Regulations, if any, this Declaration shall
control."
Page 13 of 38
2. The City of Menifee is an express third party beneficiary of the
covenants, conditions, restrictions, easements and servitudes
provided in this Declaration. Accordingly, the City has the
continuing right, but not the obligation, to enforce any provisions of
this Declaration
Once approved, the copy and the original declaration of CC&Rs shall be
forwarded by the City Attorney and the Planning Division. The Planning
Division will retain the one copy for the case file, and forward the wet signed
and notarized original declaration of covenants, conditions and restrictions to
the City Engineer for safe keeping until the final map is ready for recordation.
The City Engineer shall record the original declaration of CC&Rs in
conjunction with the recordation of the final map.
33. Reciprocal Access and Parking Agreements. Prior to map recordation,
reciprocal access and parking agreements shall be established across all lots
for appropriate on-site circulation and access to and from Newport Road and
Menifee Road for the project site and to allow flexible parking overflow
between parcels.
34. Dark Sky Ordinance. The following Environmental Constraints Note shall be
placed on the ECS:
"This property is subject to lighting restrictions as required by the Menifee
Municipal Code Chapter 6.01, the “Dark Sky Ordinance”, which are intended
to reduce the effects of night lighting on the Mount Palomar Observatory. All
proposed outdoor lighting systems shall be in conformance with the Dark Sky
Ordinance.”
35. Survey Checklist. The Engineering Department shall review any FINAL MAP
and ensure compliance with the following:
a. All parcels on the FINAL MAP shall be in substantial conformance with
the approved TENTATIVE MAP relative to size and configuration.
b. All lots on the FINAL MAP shall comply with the length to width ratios, as
established by Section 3.8.C. of Ordinance No. 460.
c. The total number of parcels on the final map shall be two (2).
Fees
36. Fees. Prior to recordation, the Planning Department shall determine if the
deposit-based fees for the TENTATIVE MAP are in a negative balance. If so,
any unpaid fees shall be paid by the developer/owner and/or the
developer/owner's successor-in-interest.
Prior to Issuance of Grading Permit
37. Mitigation Monitoring. The permittee shall prepare and submit a written
report to the Community Development Director demonstrating compliance with
Page 14 of 38
those conditions of approval and mitigation measures of the PARCEL MAP
and the PLOT PLAN which must be satisfied prior to the issuance of a grading
permit for review and approval. The Community Development Director may
require inspection or other monitoring to ensure such compliance.
38. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management
District (SCAQMD) Rule 403. The permittee shall include in construction
contracts the control measures required under Rule 403 at the time of
development, including the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot
radius) must be swept (preferably with water sweepers) and watered at
least twice daily. Site wetting must occur often enough to maintain a 10
percent surface soil moisture content throughout all earth moving
activities. All unpaved demolition and construction areas shall be wetted
at least twice daily during excavation and construction, and temporary
dust covers shall be used to reduce dust emissions and meet SCAQMD
District Rule 403. Wetting could reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least
three times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible
dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis
when there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
Page 15 of 38
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.
39. 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 Industr ial
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
receptors. 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.
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
Page 16 of 38
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.
(The condition listed above was modified by the Planning Commission at
the February 24, 2016 public hearing)
ARCHEOLOGY
40. Archeologist Retained. Prior to issuance of a grading permit the project
applicant shall retain a Riverside County qualified archaeologist to monitor all
ground disturbing activities in an effort to identify any unknown archaeological
resources.
The Project Archaeologist and the representative(s) from the Native American
Tribe (s) shall be included in the pre-grade meetings to provide
cultural/historical sensitivity training including the establishment of set
guidelines for ground disturbance in sensitive areas with the grading
contractors. The Project Archaeologist and the Tribal representative(s) shall
manage and oversee monitoring for all initial ground disturbing activities and
excavation of each portion of the project site including clearing, grubbing, tree
removals, mass or rough grading, trenching, stockpiling of materials, rock
crushing, structure demolition and etc. The Project Archaeologist and the
Page 17 of 38
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.
41. 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.
42. Non-Disclosure of Location Reburials. It is understood by all parties that
unless otherwise required by law, the site of any reburial of Native American
human remains or associated grave goods shall not be disclosed and shall not
be governed by public disclosure requirements of the California Public
Records Act. The Coroner, pursuant to the specific exemption set forth in
California Government Code 6254 (r)., parties, and Lead Agencies, will be
asked to withhold public disclosure information related to such reburial,
pursuant to the specific exemption set forth in California Government Code
6254 (r).
PALEONTOLOGY
43. Paleontologist Required. This site is mapped as having a high potential for
paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO
ISSUANCE OF GRADING PERMITS:
Page 18 of 38
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
Page 19 of 38
necessary, vials with completed specimen data cards) and catalogued, an
associated specimen data and corresponding geologic and geographic
site data will be archived (specimen and site numbers and corresponding
data entered into appropriate museum repository catalogs and
computerized data bases) at the museum repository by a laboratory
technician. The remains will then be accessioned into the museum*
repository fossil collection, where they will be permanently stored,
maintained, and, along with associated specimen and site data, made
available for future study by qualified scientific investigators.
* The City of Menifee must be consulted on the repository/museum to
receive the fossil material prior to being curated.
g. A qualified paleontologist shall prepare a report of findings made during
all site grading activity with an appended itemized list of fossil specimens
recovered during grading (if any). This report shall be submitted to the
Community Development Department for review and approval prior to
building final inspection as described elsewhere in these conditions.
All reports shall be signed by the project paleontologist and all other
professionals responsible for the report's content (eg. Professional
Geologist, Professional Engineer, etc.), as appropriate. Two wet-signed
original copies of the report shall be submitted directly to the Community
Development Department along with a copy of this condition, deposit
based fee and the grading plan for appropriate case processing and
tracking.
Fees
44. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the
permittee shall comply with the provisions of Ordinance No. 663, which
generally requires the payment of the appropriate fee set forth in that
ordinance. The amount of the fee required to be paid may vary depending
upon a variety of factors, including the type of development application
submitted and the applicability of any fee reduction or exemption provisions
contained in Ordinance No. 663. Said fee shall be calculated on the approved
development project which is anticipated to be 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.
45. 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.
Page 20 of 38
Page 21 of 38
Section III:
Engineering/Transportation/
Grading Conditions of Approval
Page 22 of 38
The following are 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 t o 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:
46. Tentative Parcel Map 36998 (TPM 36998) is processed under Planning
application PM 2015-247, for which these Conditions of Approval (COA) are
imposed to be satisfied in concurrence with the Conditions of Approval
approved for the site plan proposed for this parcel map under approved Plot
Plan PP 2015-031.
47. The development shall comply with the State of California Subdivision Map
Act and all applicable City ordinances and resolutions.
48. If off-site right-of-way or easements are required for the City master plan
facilities to comply with these conditions of approval, the developer is required
to secure such right-of-way or easements at no cost to the City. In the event
that the developer requires the City’s assistance to condemn said right-of-way
or easements, the developer shall enter into an agreement with the City for the
acquisition of said right-of-way or easements pursuant to Government Code
Section 66462.5, and pay any and all costs, as determined by the City,
associated with the condemnation process.
49. The applicant shall demonstrate to the satisfaction of the Public Works
Director that the proposed development will not unreasonably interfere with
the use of any existing easement encumbering the property. The submitted
TPM shall correctly show all existing easements, traveled ways, and drainage
courses. Any omission or misrepresentation of these documents may require
said TPM to be resubmitted for further consideration
50. Plan Check Submittals - Appropriate plan check submittal forms shall be
completed and required plan copies, necessary documents, references, fees,
deposits, etc. shall be submitted as outlined in the City approved submittal
forms. ACAD files 2010 or later are required for all final maps upon approval.
51. AB 341 – AB 341 focuses on increased commercial waste recycling as a
method or 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.
Page 23 of 38
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.
52. AB 1826 – AB 1826 (effective April 1, 2016) requires businesses that
generate eight (8) cubic yards or more of organic waste per week to arrange
for organic waste recycling services. The threshold amount of organic waste
generated requiring compliance action by the generator shall be reduced in
subsequent years. Businesses subject to AB 1826 shall take a least one of
the following actions in order to divert organic waste from disposal.
a. The generator shall separate organic material from all other recyclables
and donate or self-haul to a permitted organic waste processing facility.
b. The generator shall enter into a contract or work agreement with a
gardening or landscaping service provider or refuse hauler to ensure the
waste generated from site operations is disposed of in accordance with
the requirements of AB 1826.
c. The project developer/contractor shall consider xeriscaping and using
drought-tolerant/low-maintenance vegetation in all landscaped areas of
the project.
(The condition listed above was modified by the Planning Commission
at the February 24, 2016 public hearing)
Prior to Building Permit Issuance
53. Recyclables Collection and Loading Area Plot Plan – Prior to the issuance
of building permit for each building, the applicant shall submit three (3) copies
of a Recyclables Collection and Loading Area plot plan to the City of Menifee
Engineering/Public Works Department for review and approval. The plot plan
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 Engineering and Public Works has approved the
plan prior to issuance of a Building Permit.
54. Waste Recycling Plan – Prior to issuance of a building permit for each
building permit for each building, a waste Recycling Plan (WRP) shall be
submitted to the City of Menifee Engineering/Public Works Department
approval. At a minimum, the WRP must identify the materials (i.e., concrete,
asphalt, wood, etc.) that will be generated by construction and development,
Page 24 of 38
the projected amounts, the measures/methods 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.
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.
The applicant shall provide documentation to the Community Development
Department to verify that Engineering and Public Works has approved the
plan prior to issuance of a building permit.
Prior to Final Map Recordation
55. Submit Plans: All required improvement plans, grading plans, final map,
environmental constraint sheet and any other necessary documentation along
with supporting hydrologic and hydraulic calculations shall be submitted to the
PW Engineering Department for review. The plans must receive PW
Engineering Department approval prior to final map recordation. All submittals
shall be date-stamped by the engineer and include a completed City Fee
Worksheet with the appropriate plan check fee deposit.
56. Prior to recordation of the final map, the Public Works Director may require the
dedication and construction of necessary utilities or other improvements
outside the area of the development if the improvements are needed for
circulation, parking and access or for the welfare or safety of future occupants
of the development. These dedications shall be reflected on the final map
which shall remain in substantial conformance with the approved tentative
map.
57. Bond Agreements and Improvement Security – Prior to recordation of the
final map, the developer/property owner shall post bonds or security in forms
acceptable to the City, guaranteeing the construction of all grading and
improvements required with the final map. The security shall be in accorda nce
with applicable City policies and ordinances, and as determined by the Public
Works Director/City Engineer. The required improvements are further detailed
in the following conditions.
58. Acceptance of Public Roadway Dedication and Improvements – Prior to
final map recordation, required easements and right-of way for public
roadways shall be granted to the City of Menifee through the final map, or
other acceptable recordable instrument.
B. 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.
Prior to Final Map Recordation
Page 25 of 38
59. 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 guaranteed for construction prior to recordation of
the final.
C. STREET IMPROVEMENTS AND TRAFFIC ENGINEERING
All offsite and onsite street improvements shall be designed per City standards and
specifications, and shall be subject to a final approval by the Public Works
Director/City Engineer.
Prior to Final Map Recordation
60. Offsite Street Improvements – The following offsite improvements shall be
guaranteed for construction prior to final map recordation:
a. Required street improvements along Newport Road. Improvements shall
include but not limited to: AC pavement, curb, gutter, commercial
driveway, median turn pockets, sidewalk, street lights, striping and dry
utilities. Street Improvements shall extend 10 (ten) feet past Newport
Road centerline, or as determined by the Public Works Director.
b. Required street improvements along Menifee Road. Improvements shall
include but not limited to: AC pavement, commercial driveway, striping
and dry utilities. Street Improvements shall extend 10 (ten) feet past
Menifee Road centerline, or as determined by the Public Works Director.
c. Offsite Public Street Lights – New public street lights, or existing public
street lights that require modification as a result of this development
including all necessary appurtenances and service points.
61. Offsite Traffic Signal, Street Intersection, and Driveway Improvements –
Improvements or mitigation required by the approved traffic impact analysis
(TIA) dated July 22, 2015, including but not limited to the following offsite
improvement shall be guaranteed for construction prior to final map
recordation:
a. Necessary traffic signal modifications resulting from street widening
b. Construction of a 5 foot widening on the south side of Newport Road
adjacent to the property boundary line to provide a defacto deceleration /
right turn into the Newport Road project driveway. A minimum 120-feet
bay taper will be provided approaching the defacto deceleration lane.
c. Construction of 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.
d. Construction of improvements at the intersection of Menifee Road /
Newport Road to provide the following intersection geometries:
Page 26 of 38
Northbound: One left turn lane, two through lanes, and one right
turn lane (no modifications). A minimum 3 foot raised median
shall be constructed on Menifee Road from Newport Road 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)
Menifee Road: Add median from Rockport Road to Newport Road
per City of Menifee General Plan.
e. Construction of 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.
The above intersection geometrics will be subject to a final review and
approval by the City Traffic Engineer and/or the PW Director/City Engineer
during final engineering.
62. The developer shall pay the project’s fair share traffic signal mitigation for the
ultimate intersection improvements at Menifee Rd / Newport Rd, calculated at
5.6% of the estimated cost of intersection improvements. 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.
D. GRADING
General Conditions
All grading shall conform to the latest adopted edition of the California Building Code,
City adopted Riverside County Ordinance 457, applicable City design standards and
specifications, City ordinances, policies, rules and regulations governing grading in
the City.
63. 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.
64. 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.
Page 27 of 38
E. DRAINAGE
All offsite and onsite storm drain improvements shall be designed per City standards
and specifications, and shall be subject to the approval of the PW Director.
Prior to Final Map Recordation
65. 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 guaranteed for construction prior to final map
recordation. These storm drain improvements shall include the Bio-Retention
basin located on the southeastern corner of the project site. The
improvements shall be subject to the review and approval of the Public Works
Director.
F. NPDES and WQMP
All City of Menifee requirements for NPDES and Water Quality Management
Plans (WQMP) shall be in accordance with the City of Menifee Municipal Code
Chapter 15.01 for Stormwater/Urban Runoff Management Program . This project
is required to submit a project specific WQMP.
66. Prior to the issuance of a grading permit, a Final WQMP in substantial
conformance with the approved Preliminary WQMP shall be submitted to the
Public Works Land Development Section for approval. Upon its final approval,
the applicant shall submit one copy on a CD-ROM in PDF format.
67. Prior to the issuance of the first Certificate of Occupancy, the applicant shall
record Covenants, Conditions and Restrictions (CC&R’s) or enter into an
acceptable maintenance agreement with the City to inform future property
owners to implement the approved WQMP.
68. Prior to issuance of the first Certificate of Occupancy, the applicant shall
provide proof of notification to the future homeowners and/or occupants of all
non-structural BMPs and educational and training requirements for said BMPs
as directed in the approved WQMP.
G. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2
(SERVICES)
General Conditions
69. 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.
Page 28 of 38
70. 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.
71. 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.
72. 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.
Prior to Final Map Recordation
73. Annexation to the Citywide Community Facilities District, CFD 2015-2
Services. Prior to final map recordation, the developer/property owner shall
complete the annexation of all properties within the proposed Parcel Map
36998 into the City of Menifee Citywide Community Facilities District 2015-2.
The citywide CFD shall be responsible for the maintenance of public
improvements or facilities that benefit this development, and dedicated to the
City for CFD maintenance. These may include but not limited to, public
landscaping, streetlights, traffic signals, street maintenance, drainage facilities,
and other public improvements or facilities as approved by the Public Works
Director/City Engineer. The developer/property owner shall be responsible for
all cost associated with the annexation of the proposed development in the
citywide CFD.
74. CFD Annexation Agreement - In the event timing for this development’s
schedule prevents the developer/property owner from complying with the CFD
annexation condition of approval, at the discretion and approval of the PW
Director/City Engineer the developer shall enter into a CFD annexation
agreement to allow the annexation to complete after final map recordation but
prior to issuance of a building permit or issuance of a Certificate of Occupancy
as determined by the PW Director/City Engineer. The developer shall be
responsible for all costs associated with the preparation of the CFD
annexation agreement. The agreement shall be approved by the City Council
prior to final map recordation.
75. Landscape Improvement Plans for CFD Maintenance – Landscape
improvements within public ROW and/or areas dedicated to the City for the
citywide CFD to maintain shall comply with City landscape design guidelines
and standards. Plans shall be prepared on a separate City CFD plans for
review and approval by the PW Engineering Department, and the Community
Services Department. When necessary as determined by the PW Director, a
separate WQMP construction plan on City title block maybe required for
Page 29 of 38
review and approval by the PW Engineering Department prior to issuance of a
grading permit.
Prior to Certificate of Occupancy
76. Waste Management Clearance – Prior to issuance of a certificate of
occupancy for each building, evidence (i.e., receipts or other type of
verification) shall be submitted to demonstrate project compliance with the
approved WRP to Engineering and Public Works Department in order to clear
the project for Certificate of Occupancy. Receipts must clearly identify the
amount of waste disposal and Construction and Demolition (C&D) material
recycled.
H. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
77. Fees and Deposits – Prior to approval of final map, grading plans,
improvement plans, issuance of building permits, and/or issuance of certificate
of occupancy, the developer/property owner shall pay all fees, deposits as
applicable. These shall include the regional Transportation Uniform Mitigation
Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development
Impact Fees (DIF), and any applicable Road and Bridge Benefit District
(RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at
the time of collection as specified in current City resolutions and ordinances.
Page 30 of 38
Section IV:
Riverside County Fire Department
Conditions of Approval
Page 31 of 38
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 15-MENI-PM-0247) 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. The Riverside County Fire Department recommends
the following fire and life safety protection measures be provided in accordance
with Riverside County Ordinances and recognized fire protection standards:
(a) This project has not been reviewed or approved for building construction
or hazardous materials use, storage, or handling. Prior to building permit
issuance, building plans shall be submitted for review and approval.
(b) Site access and roads shall conform to the California Fire Code, 2013
edition and Fire Department standards.
(c) Approved fire department access shall extend to within 150 feet of all
portions of all buildings.
(d) A water supply shall be provided to accommodate fire flow in accordance
with the California Fire Code, 2013 edition and Fire Department
standards.
(e) Fire hydrants shall be provided within 400 feet of all buildings and spaced
per the California Fire Code, 2013 edition and Fire Department standards
(f) Address numbers for all buildings shall be clearly visible from the public
roadway.
(g) Further review of the project will occur upon receipt of building plans.
Additional requirements may be necessary at that time.
Prior to Final Map
162. Water System Plans. The applicant or developer shall furnish one copy of the
water system plans to the Fire Department for review. Plans shall be signed by a
registered civil engineer, containing a Fire Department approval signature block,
and shall conform to hydrant type, location, spacing and minimum fire flow. Once
plans are signed by the local water company, the originals shall be presented to
the Fire Department for signature.
Page 32 of 38
163. ECS Note. ECS map must be stamped by the City of Menifee Surveyor with
the following note: The required water system, including fire hydrants, shall be
installed and accepted by the appropriate water agency prior to any combustible
building material placed on an individual lot.
Page 33 of 38
Section V:
Riverside County Environmental
Health Conditions of Approval
Page 34 of 38
General Conditions
165. 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.
166. 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 Final Map
167. Water System. A water system shall have plans and specifications approved
by the water company and the Department of Environmental Health.
168. Securities. Financial arrangements (securities posted) must be made for the
water improvement plans and be approved by City Attorney.
169. Sewer System. A sewer system shall have mylar plans and specifications as
approved by the District, the Engineering Department and the Department of
Environmental Health.
170. Annexation. Annexation proceedings must be finalized with the applicable
purveyor for sanitation service.
Prior to Building Permit Issuance
171. District Environmental Services – Public/Semi-Public Food Facility. Prior
to the Issuance of a Building Permit, the applicant shall be required to contact
DEH District Environmental Services to determine the appropriate food facility
plan check and/or permitting requirements. For further information, please call
(951) 766-2824.
County of Riverside, Department of Environmental Health
District Environmental Services – Hemet Office
800 S. Sanderson Ave
Hemet CA 92545
172. Potable Water and Sanitary Sewer. “Prior to Building Permit Issuance”
submit the “First Release Letter” stating that the project is receiving potable water
and sanitary sewer service from Eastern Municipal Water District (EMWD). It is
the responsibility of the developer to ensure that all requirements to obtain
Page 35 of 38
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 specifications if necessary. Any existing septic systems
and/or wells shall be properly removed or abandoned under permit with
Department of Environmental Health.
Page 36 of 38
Section VI:
Riverside County Environmental
Programs Department
Conditions of Approval
Page 37 of 38
Prior to Grading Permit Conditions
1. Burrowing Owl. Pursuant to Objective 6 and Objective 7 of the Species
Account for the Burrowing Owl included in the Western Riverside County
Multiple Species Habitat Conservation Plan, within 30 days prior to the
issuance of a grading permit, a pre-construction presence/absence survey for
the burrowing owl shall be conducted by a qualified biologist and the results of
this presence/absence survey shall be provided in writing to the Environmental
Programs Department. If it is determined that the project site is occupied by
the Burrowing Owl, take of "active" nests shall be avoided pursuant to the
MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl
is present, relocation outside of the nesting season (March 1 through August
31) by a qualified biologist shall be required. The County Biologist shall be
consulted to determine appropriate type of relocation (active or passive) and
translocation sites. Occupation of this species on the project site may result in
the need to revise grading plans so that take of "active" nests is avoided or
alternatively, a grading permit may be issued once the species has been
actively relocated.
If the grading permit is not obtained within 30 days of the survey a new survey
shall be required.
No ground disturbance, including disking, blading, grubbing or any similar
activity shall occur within the site until the burrowing owl study is reviewed and
approved.
For any ground disturbance activities during the general bird nesting season
(February 1-September 15), a survey for nesting birds shall be conducted by a
qualified biologist prior to any such activities during the general bird nesting
season and the results of the survey shall be provided in writing to the
Environmental Programs Department.
Page 38 of 38
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).