PC16-264Resolution PC 16-264
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO. 2015-099 FOR
THE SHOPS AT NEWPORT LOCATED SOUTH OF NEWPORT ROAD,
EAST OF WINTERHAWK ROAD AND WEST OF BRADLEY ROAD
Whereas, on April 29, 2015, the applicant, BDG Architects, filed a formal
application with the City of Menifee for a Plot Plan for the construction and operation of a
new 9,750 sq. ft. multi -tenant office, restaurant and retail building with drive -through on a
1.77 gross acre project site located at the south of Newport Road, east of Winterhawk
Road and west of Bradley Road within the City of Menifee; and
Whereas, pursuant to the requirements of the California Environmental Quality Act
(CEQA) an Initial Study ("IS") and Mitigated Negative Declaration ("MND") have been
prepared to analyze and mitigate the project's potentially significant environmental
impacts; and
Whereas, on May 11, 2016, the Planning Commission of the City of Menifee held
a public hearing on the Project, which hearing was publicly noticed by a publication in a
newspaper of general circulation (The Press Enterprise), an agenda posting, and notice
to property owners within 300 feet of the Project boundaries, opened the public hearing,
took public testimony, and continued the open public hearing to June 8, 2016; and,
Whereas, on June 8, 2016, the Planning Commission held the continued open
public hearing on the Project, which hearing was not required to be re -noticed for the June
8, 2016 Planning Commission hearing, because the project was continued to a date
certain (i.e., June 8, 2016) at the May 11, 2016 hearing, considered all public testimony
as well as all materials in the staff report and accompanying documents; and,
Whereas, the Planning Commission of the City of Menifee makes the following
Findings:
Consistency with the General Plan. The plot plan is consistent with the General
Plan Land Use Map, Specific Plan and applicable General Plan objectives,
policies, and programs.
The General Plan land use of the site is Specific Plan (Cal Neva Specific Plan No.
208). The intent of this land use designation is to recognize areas where an
existing specific plan is in place and to provide policies, standards and criteria for
the development or redevelopment of these areas. The proposed project for a
9,750 sq. ft. multi -tenant building for retail, office and restaurant uses, meets the
requirements of the Specific Plan (Cal Neva) land use designation.
The project is consistent with the following City of Menifee General Plan policies:
Project Design
CD-3.5 Design parking lots and structures to be functionally and visually
integrated and connected; off-street parking lots should not dominate the street
scene.
The project site has been designed to locate the building closer to Newport
Road with about one-half of the parking in the rear of the site to minimize the
appearance of the parking lot. Perimeter and parking lot landscaping has been
Resolution No PC 16-264
Plot Plan No. 2015-099
June 8, 2016
included to visually screen the parking lot from surrounding roadways and
enhance the aesthetics of the parking lot.
CD-3.8 Design retention/detention basins to be visually attractive and well
integrated with any associated project and with adjacent land uses.
The bioretention basins have been integrated into the site and will be
landscaped to be visually attractive.
CD-3.9 Utilize Crime Prevention through Environmental Design (CPTED)
techniques and defensible space design concepts to enhance community
safety.
The project is required to include security cameras across the site and the site
has been designed to limit concealed areas to allow for greater visibility and
security.
Building Design
CD-3.10 Employ design strategies and building materials that evoke a sense
of quality and permanence.
The architecture of the project has been designed to include quality
architectural features, including, but not limited to, corniced parapet elements,
decorative lighting, tile work throughout, canopies, and a varied paint palette.
CD-3.14 Provide variations in color, texture, materials, articulation, and
architectural treatments. Avoid long expanses of blank, monotonous walls or
fences.
The architecture of the project incorporates varied colors, recesses, columns,
accent materials, and other architectural treatments that break up wall areas.
Enhanced Landscape Corridors
CD-4.1 Create unifying streetscape elements for enhanced landscape
streets, including coordinated streetlights, landscaping, public signage, street
furniture, and hardscaping.
The project landscaping and streetscape within the parkway will be consistent
with the McDonald's to the west of the site.
CD-4.2 Design new and, when necessary, retrofit existing streets to improve
walkability, bicycling, and transit integration; strengthen connectivity; and
enhance community identity through improvements to the public right-of-way
such as sidewalks, street trees, parkways, curbs, street lighting, and street
furniture.
The project will include a bike lanes along the south side of Newport Road.
The project also includes street trees within the public right-of-way parkways
on Newport Road. The project will provide access to the site from the street
Resolution No PC 16-264
Plot Plan No. 2015-099
June 8, 2016
and improve the existing curb ramps at the easterly driveway to provide better
pedestrian connectivity.
Lighting
CD-6.4 Require that lighting and fixtures be integrated with the design and
layout of a project and that they provide a desirable level of security and
illumination.
The lighting for the site has been reviewed for consistency with the architecture
and decorative light features will be provided.
CD-6.5 Limit light leakage and spillage that may interfere with the operations
of the Palomar Observatory.
The project has been conditioned for all lighting fixtures to comply with
Ordinance No. 2009-24, "Dark Sky Ordinance", which will have the effect of
limiting leakage and spillage of light.
Signage
CD-6.7 Integrate project signage into the architectural design and character
of new buildings.
The project's proposed sign program integrates architectural features into the
signs that are also found on the buildings consistent with the project's
architectural theme.
CD-6.8 Discourage the use of flashing, moving, or audible signs.
No flashing, moving, or audible signs are proposed or would be allowed on the
project.
Policies
ED-2.1 Promote retail development by locating needed goods and services
in proximity to where residents live to improve quality of life, retain taxable
spending by Menifee residents and attract residents from outside the City to
shop in Menifee.
Locate businesses providing convenience goods and services in retail
centers that are on arterials adjacent to neighborhoods and communities
throughout the City but not in rural residential areas.
Encourage comparison goods businesses to locate in larger retail centers
located on major arterials near freeway interchanges, because businesses
that provide comparison goods tend to draw customers from larger areas.
The proposed project would provide additional shopping options and greater
convenience to residential uses nearby.
ED-2.2 Require regional retail districts to provide entertainment and dining
in addition to retail sales and services to create destinations prepared to
Resolution No PC 16-264
Plot Plan No. 2015-099
June 8, 2016
withstand e-commerce's increasing capture of retail spending. These districts
should create a pedestrian -friendly human -scale atmosphere with street
furniture, shading, and gathering spaces that enhance the experience of
shopping and socializing.
Local retail centers (primarily intended to serve Menifee residents) need not
necessarily provide dining and entertainment but shall provide street furniture,
shading, pedestrian -circulation, and gathering spaces that enhance the
experience of shopping.
The proposed project will include a fast-food drive-thru restaurant use and
quick service sit down restaurant. The proposed landscaping within the project
meets the City's standards for parking lot shading and provides pedestrian
connectivity throughout the project site.
Policies: Policy and Regulation
N-1.2 Require new projects to comply with the noise standards of local,
regional, and state building code regulations, including but not limited to the
City's Municipal Code, Title 24 of the California Code of Regulations, the
California Green Building Code, and subdivision and development codes.
The project is required to comply with the noise standards of the City including
Title 24 of the California Code of Regulations.
The project is within the Cal Neva Specific Plan. The project is consistent with the
design guidelines, zoning and development standards of the Specific Plan. The
Specific Plan designates the area as Retail Commercial and the area is planned
for neighborhood commercial uses.
The City of Menifee has two (2) active conservation plans within the City's
boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo
Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the
jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The
project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi)
(SKR) Fee Area. The proposed project is located within the boundaries of the
Western Riverside County Multiple Species Habitat Conservation Plan; however,
the project is not located with a Criteria Cell or Cell Group. The project will be
subject to the payment of fees for a commercial project consistent with Riverside
County Ordinance No. 810.2 as adopted by the City of Menifee. Therefore, the
project will not conflict with the provisions of the adopted HCP, Natural
Conservation Community Plan, or other approved local, regional, or State
conservation plan and the impact is considered less than significant.
The project site is surrounded by properties with a general plan land use
designation of Specific Plan (Cal Neva) to the east, west and south. This is the
same designation as the project site. To the north, the property is designated
Economic Development Corridor (EDC) which allows for a variety of commercial,
office, retail and residential uses. The proposed project is compatible with the
surrounding general plan land use designations.
Resolution No PC 16-264
Plot Plan No. 2015-099
June 8, 2016
2. Consistency with the Zoning Code. The plot plan is consistent with the zoning
code.
The project is zoned Specific Plan (Cal Neva Specific Plan No. 208), Planning Area
3-5 - "Retail Commercial". The Specific Plan refers back to the Scenic Highway
Commercial (C-P-S) designation of Ordinance No. 348. The restaurant, retail, and
office uses are allowed with approval of a plot plan in the Scenic Highway
Commercial zone. There is no minimum lot requirement in the zone. There are
no yard requirements for buildings which do not exceed 35 feet in height and the
proposed building is 30 feet in height. The proposed 30 foot height of the building
is below the maximum height of 50 feet allowed under the zoning. The project
complies with the automobile storage space required by Section 18.12 of Ord. 348.
All roof mounted equipment shall be screened from the ground elevation view to a
minimum sight distance of 1,320 feet. Therefore, the project is consistent with
existing zoning and development standards of the Specific Plan.
Landscaping — Ord. 348 Section 18.12.
Ord. 348, Section 18.12, b. Landscaping, General Provisions (6) Landscape
Design Standards, 4., requires that "A planter at least five feet wide shall be
provided adjacent to all public road right-of-ways. Any area within the road right-
of-way between the edge of the walkway and outer edge of the right-of-way shall
also be developed as a landscaped area in conjunction with the required planter,
unless this requirement is waived by the Planning Director." The applicant does
not provide a five (5) foot landscaped planter adjacent to frontage along the
Newport Road right-of-way line.
There will be approximately fifteen feet of landscaping in the parkway along
Newport Road. The project includes a five foot planter along the front of the
building. Although the applicant is not providing the five foot landscaped planter
adjacent to the right-of-way, they do have additional landscaping in the front of the
project; and, therefore, the Planning Commission finds that the intent of the
ordinance is met and the specific requirement for the landscape to be adjacent to
the right-of-way should be waived. The amount of landscaping provided along
Newport Road will be consistent with what is provided on the adjacent McDonald's
and Arco sites.
Parking — Ord. 348 Section 18.12.
Based on the Ordinance 348, Section 18.12, parking for project is calculated under
the requirements for office and restaurant uses. More specifically, 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 required parking spaces for the proposed restaurants is
57 spaces. In addition to the parking spaces, six (6) spaces are required in the
drive through for vehicle stacking prior to the minimum board. Parking for the office
uses was calculated at a ratio of 1 space/200 square feet of net leasable floor
space, resulting in the requirement of 18 parking spaces.
The total required parking is 75 spaces, plus six (6) spaces for stacking. There
are a total of 100 parking spaces provided, including the six (6) spaces for stacking
and four (4) parking spaces for persons with disabilities.
Resolution No PC 16-264
Plot Plan No. 2015-099
June 8, 2016
One (1) loading space is also required and accommodated by the proposed
project. The loading space meets the size requirements of Ord. 348, Section
18.12.
Parking lot layout and dimensions: Pursuant to Ord. No. 348, Section 18.12, d.
"Requests for Modifications from Parking Standards", the Planning Director may
without notice or hearing, permit modifications to the circulation and parking layout
requirements where topographic or other physical conditions make it impractical
to require strict compliance with these requirements. Pursuant to this section, the
applicant is seeking relief on the requirement that no parking space shall be
located within three feet of any property line; the width of end stalls; and, the length
of the stacking spaces. Several parking spaces are located within three feet of
interior property lines; however, all of the property is currently under one owner
and reciprocal access and parking agreements will be a condition of approval on
the project. The requirement for parking spaces to be located no more than three
feet from property lines is more applicable to exterior property lines or where
parking abuts roads. Approximately four (4) end stalls have been reduced in width
from the required eleven (11) feet to the requested ten (10) feet. The width of the
end stalls was reduced to accommodate a landscape planter and pedestrian
pathway, while still providing adequate parking for the proposed project.
Increasing the width of these four stalls is considered impractical because it would
shift the entire row of parking resulting in the drive aisles and adjacent parking
stalls not being aligned. The dimensions of stacking spaces is required to be 25
ft. in length, however, the project only provides 20 feet in length for each stacking
space. Due to the building orientation and because the project is an infill
development, the space for a drive -through is constrained. The location of the
drive -through and the stacking has been reviewed by the City's Engineering
Department, which includes internal traffic/circulation review and the stacking
provided was justified by the Traffic Study. Increasing the length of the drive -
through would result in skewing the drive aisle that connects this site to the
McDonald's and the main driveway on Newport. The stacking length has therefore
been determined to be acceptable.
With approval of the modification to the parking lot layout and dimension
requirements and the landscape planter requirement, the project will be consistent
with the intent of Ordinance 348, Section 18.12.
Properties to the east, west and south have the same zoning classification as the
project site (Cal Neva Specific Plan No. 208, PA 3-5). The property to the north is
zoned Scenic Highway Commercial (C-P-S). These classifications are compatible
with the zoning of the project site.
3. Surrounding Uses. Approval of the application will not create conditions materially
detrimental to the public health, safety and general welfare or injurious to or
incompatible with other properties or land uses in the project vicinity.
The project is surrounded by Newport Road and the Newport Plaza Shopping
Center to the north, an Arco gas station to the east, vacant land to the south and
a McDonald's Restaurant to the west. The project is compatible with the
surrounding land uses, General Plan land use designations, and zoning
classifications. The project incorporates quality architecture and landscaping
which will enhance the area. Environmental impacts resulting from the project
Resolution No PC 16-264
Plot Plan No. 2015-099
June 8, 2016
have been analyzed in a Mitigated Negative Declaration ("MND") which
determined impacts including, but not limited to, air quality, greenhouse gas
emissions, water quality, noise, and traffic would all be less than significant.
Therefore, the project is not anticipated to create conditions materially detrimental
to the public health, safety and general welfare or injurious to or incompatible with
other properties or land uses in the project vicinity.
4. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
An MND has been completed for the shopping center and adopted by the Planning
Commission pursuant to Resolution PC 16-263. The Plot Plan at issue is
consistent with the MND, which the Planning Commission has considered as part
of its proceedings.
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
and orders as follows:
The Findings set out above are true and correct.
2. Plot Plan No. 2015-099 is hereby approved subject to the Conditions of Approval
Exhibit " 1 " to this Resolution.
PASSED, APPROVED AND ADOPTED this the 8rh day of June, 2016.
i P
O
Rcb , Chairman
Attest:
Jennifer Allen, Deputy City Clerk
Approved as to form:
Ajit ind, Assistant City Attorney
Scott A. Mann
Mayor
Greg August
Mayor Pro Tern
John V. Denver
Councilmember
Matthew Liesemeyer
Councilmember
Lesa Sobek
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofinenifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do
hereby certify that the foregoing Resolution No. PC16-264 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
8t' day of June, 2016 by the following vote:
Ayes:
Karwin, Madrid, Phillips, Thomas
Noes:
None
Absent:
Doty
Abstain:
None
Jennifer Allen, Deputy City Clerk
EXHIBIT "'I"
Conditions of Approval for
Plot Plan No. 2015-099
"The Shops at Newport"
Section I: Conditions applicable to All Departments
Section ll: 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
Page 1 of 53
Section
Conditions Applicable to all
Departments
Page 2 of 53
General Conditions
1_ 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.
2. Description Plot Plan No. Planning Application Plot Plan No. 2015-099 is a
proposal to construct a 9,750 square foot commercial/retail building on 1.77
acres. The proposed building will include a 2,200 square foot restaurant with
drive-thru window, 3,490 square feet of office space, and 4,060 square feet of
retail space. The site is located on the south side of Newport Road between
Bradley and Winterhawk Road in the City of Menifee.
The project site is located south of Newport Road, west of Bradley and east of
Winterhawk Road within the City of Menifee. The site is bounded as follows.
Newport Plaza Shopping Center to the north, vacant property to the south, an
existing Arco gas station, including convenience store to the east and
McDonald's and a gas station with convenience store, cash for gold shop, car
wash and drive-thru restaurant (Los Primos) to the west. The project site APN is
360-030-025 and -026.
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. 2015-099 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 and Grading for Plot Plan No. 2015-
099, Sheets 1-6, dated 12123115.
APPROVED EXHIBIT B = Elevations and Floor Plans for Plot Plan No.
2015-099, Sheets 1-3, dated 12/23/15.
APPROVED EXHIBIT L = Conceptual Landscaping and Irrigation Plan for
Plot Plan No. 2015-099, dated 1/19/16,
APPROVED EXHIBIT M = Color and Materials Board for Plot Plan No.
2015-099, Sheets 1-2, dated 12123/15.
Page 3 of 53
APPROVED EXHIBIT S m Sign Program for Plot Plan No. 2015-099,
Sheets 1-10, dated 4118/16.
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
reasonabhe cost of the services provided, The City also will identify and fund
mitigation measure under CEQA through development impact fees. Such fees
may include but are not limited to processing fees for the costs of providing
planning services when development entitlement applications are submitted,
which fees are designed to cover the full cost of such services, and development
impact fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing districts
to cover the costs of maintenance of improvements constructed by development,
Permittee agrees to petition for formation of, annexation to or inclusion in any
such financing district and to pay the cost of such formation, annexation or
inclusion_
The permittee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
6. Revocation. In the event the use hereby permitted under this permit, a) is found
to be in violation of the terms and conditions of this permit, b) is found to have
been obtained by fraud or perjured testimony, or c) is found to be detrimental to
the public health, safety or general welfare, or is a public nuisance, this permit
shall be subject to the revocation procedures.
7. Business Registration. Every person conducting a business within the City of
Menifee shall obtain a business license, as required by the Menifee Municipal
Code. For more information regarding business registration, contact the City of
Menifee.
8, Expiration Date. This approval shall be used within two (2) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. By
use is meant the beginning of substantial construction contemplated by this
approval within two (2) year period which is thereafter diligently pursued to
completion or to the actual occupancy of existing buildings or land under the
terms of the authorized use. Prior to the expiration of the two year period, the
permittee may request a one (1) year extension of time in which to begin
substantial construction or use of this permit_ Should the time period established
by any of the extension of time requests lapse, or should all three one-year
extensions be obtained and no substantial construction or use of this plot plan be
Page 4 of 53
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.
Page 5 of 53
Section ll:
Community Development
Department Conditions of
Approval
Page 6 of 53
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, G, L, M, and S unless otherwise amended by
these conditions of approval,
10. Outside Lighting. Any outside lighting shall be hooded and directed so as not to
shine directly upon adjoining property or public rights -of -way 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
❑evelopment 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 project is
calculated under the requirements for office and restaurant uses. More
specifically, 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 spacesl45
square feet of serving area plus 1 space/2 employees. The required parking
spaces for the proposed restaurants is 57 spaces, In addition to the parking
spaces, six (6) spaces are required in the drive through for vehicle stacking prior
to the minimum board. Parking for the office uses was calculated at a ratio of 1
space12D0 square feet of net leasable floor space, resulting in the requirement of
18 parking spaces.
There are a total of 100 parking spaces provided, including four (4) parking
space for persons with disabilities.
Area Employees Ratio Parking Partying
Required Provided
3,490 sq. ft. of Office N/A 1 space / 200 sq. 18
ft.
Page 7 of 53
Restaurant #1:
2,200 sq. ft. total
Serving Area:
660
Restaurant #2:
4,060 sq. ft. total
Serving Area: 1,600
-- 1 space 145 sq.
ft, of serving are
+� 1 space 12 17
employees
1 space 145 sq.
ft. of serving are
8 + 1 space / 2 40
employees
75 100
A minimum of one hundred parking 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 four (4) 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 refiectorized 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 four (4) spaces shall be provided as
shown on APPROVED EXHIBIT A to facilitate bicycle access to the project area.
The bicycle racks shall be shown on project landscaping and improvement plans
submitted for Community Development Department approval, and shall be
installed in accordance with those plans. Bicycle rack designs that employ a
theme are highly encouraged.
Page 8 of 53
15, Loading Areas. One (1) loading space is required as shown or 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
is allowed in front of the stores or within drive aisles. 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.
Loading areas shall be kept free of debris and clean throughout the life of this
plot plan,
16. No Second Floor. 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 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 and Menifee Municipal Code Chapter 9.76,
The following freestanding signs have been approved
a. One monument sign — 8 feet tall by 8 feet wide with four (4) tenant panels
on each side for a total of 31,35 sq ft. of sign area and one (1) shopping
center identification panel.
Any additional signs or substantial modifications to the signage will need to be
reviewed and approved under a revision to the sign program.
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) - 16 minute noise equivalent level ("leq"), between the
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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. 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.
23. 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 will require Community Development Department review and
approval. Temporary or permanent non -decorate metal cart corrals are not
acceptable.
24. 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.
25. 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 1 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 PM,o and PM2.s
fugitive dust haul road emissions by approximately 44%.
26, 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.
27_ 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.
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28. 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 (G\ANR) 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".
29, Outdoor IEvents[Temporary Uses.
for outdoor events and/or temporary
Code Chapter 9.6 and include, but not
shows, and sidewalk sales.
ARCHEOLOGY
A temporary use permit, shall be required
uses as described in Menifee Municipal
limited to, Farmer's Markets, art and car
30. 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.
31. 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).
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.
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
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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
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
32. 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).
33_ 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.
34. 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.
35. 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.
Page 12 of 63
FEES
36_ 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. 1 3-320 (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
37. Grading Plan Review, The precise grading plans shall be submitted for grading
plan check approval and shall be in substantial conformance with the site plan
conceptual landscaping plans and conceptual grading plans (APPROVED
EXHIBITS A and L).
However, the site layout submitted for grading plan check approval shall include
the following changes:
a. Three (3) additional tree wells, for a total of five (5) tree wells, are
required in between the parking spaces in the western portion of the site
as shown on APPROVED EXHIBIT L.
38. 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 Blot Flan 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
39. 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 14 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 gradinglexcavation sites and unpaved surfaces at least three
times daily;
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c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible
dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
I. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent
excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
g. 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,
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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.
BIOLOGICAL RESOURCES
40. 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 Flan, within 30 days prior to the issuance of a
grading permit, a pre -construction presence/absence survey for the burrowing
❑wl shall be conducted by a qualified biologist and the results of this
presence/absence survey shall be provided in writing to the Environmental
Programs ❑epartment. 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.
41. Nesting Bird. For any ground disturbance activities during the general bird
nesting season (February 1-August 31), 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_
ARCHEOLOGY
42. 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
Page 15 of 53
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 developerlpermit 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.
43_ Native American Monitoring (Pechanga). Tribal manitor(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 Duration Standards outlined in 36 CFR 79. The
ApplicantlPermittee shall be responsible for all curation costs.
44. Native American Monitoring (Soboba). Tribal rnonitor(s) shall be required on -
site during all ground -disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land dividerlpermit holder shall
retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians.
Prior to issuance of a grading permit, the developer shall submit a copy of a
signed contract between the above -mentioned Tribe and the land divider/permit
holder for the monitoring of the project to the Community Development
Department and to the Engineering Department. The Native American
Monitor(s) shall have the authority to temporarily divert, redirect or halt the
ground -disturbance activities to allow recovery of cultural resources, in
coordination with the Project Archaeologist,
The Developer shall relinquish ownership of all cultural resources, including all
archaeological artifacts that are of Native American origin, found in the project
area for proper treatment and disposition to a curational facility that meets or
exceeds Federal Curation Standards outlined in 36 CFR 79. The
ApplicantlPermittee shall be responsible for all curation costs.
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45. 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
46. 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 -
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.
Page 17 of 53
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
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
47. 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 19.69 acres (gross) in accordance with APPROVED EXHIBIT
A. If the development is subsequently revised, this acreage amount may be
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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.
48. Fees. Prior to the issuance of grading permits, 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
49, Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this Plot Plan which must be
satisfied prior to the issuance of a building permit_ The Community Development
Director may require inspection or other monitoring to ensure such compliance.
50. 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.
51, 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. L, M and S.
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.
52. 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.
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
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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.
53. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT B.
54, Righting. 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.
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.
55. 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.
56. 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 or as determined by the Sherriff's
Department. This security camera system shall have a recording capacity to
minimally save footage for the period of one month. The 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.
Page 20 of 53
LANDSCAPING
57. 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.
58. 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. 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,
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.
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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.
Interim Landscaping. Graded but undeveloped land included within this plot
plan application 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).
Crime Prevention through Environmental Design Guidelines. All plants,
landscaping and foliage shall fall within current OPTED (Crime Prevention
through Environmental Design) guidelines.
Additional:
1. Add three tree wells in between the parking stalls on the western side of
the project site as shown on the conceptual landscaping plan
(APPROVED EXHIBIT L).
2. Trees are shown in bio-retention/water quality basins. Coordinate
planting requirements and basin design limitations with civil engineer.
a. Clearing show/label bio-retention basins on final landscaping
plan, including basin on the east side of the building adjacent to
the driveway.
b. Provide trees in basins at ends of parking aisles along west side
of property.
c. Provide basin design section on the plan to confirm proposed
trees will not interfere with basin liner.
3. Basin planting symbol on plan does not match symbol in plant legend
(Carex pansa). Revise to clarify.
4. Add plant species in pots to the plant legend.
5. Revise "Parking Accent Tree" minimum container size to 24-inch box.
59. 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.
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FEES
60. 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.
61. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
62. 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
63. 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.
64_ 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.
65_ 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).
66. 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.
67. 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.
68. Trash Enclosures. One (t) trash enclosure which is adequate to enclose a
minimum of three (3) 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
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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.
69. Lighting. Exterior lighting shall be consistent with the approved lighting plans
70. Hardscaping. All hardscaping, including enhanced paving shall have been
installed in accordance with the approved landscaping, irrigation and shading
plans.
71. 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.
72. 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.
73. Final Planning Inspection. The permittee shall obtain final occupancy sign -off
from the Community Development Department for each building permit issued by
scheduling a final Planning inspection prior to the final sign -off from the Building
Department. Planning staff shall verify that all pertinent conditions of approval
have been met, including compliance with the approved elevations, site plan,
parking lot layout, etc. The permittee shall have all required paving, parking,
walls, site lighting, landscaping and automatic irrigation installed and in good
condition.
LANDSCAPING
74. 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?"
75_ 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.
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76. 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 ❑evelopment 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.
77. Final Landscape Approval
The final landscape approval following installation shall be subject to the review
and approval of the City's Landscape Architectural Consultant and the
Community Development Director. The Community Development Director may
require additional trees, shrubs and/or groundcover as necessary, if site
inspections reveal landscape deficiencies that were not apparent during the plan
review process.
FEES
78. Ordinance No. 659 Fee (0117). Prior t❑ 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.
79. Open Space Fee (MSHCP). Prior to the issuance of a certificate of occupancy,
❑r 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.
80, Fees. Prior to issuance of ❑ccupancy/final inspections, the Community
Development Department shall determine if the deposit based fees for project
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are in a negative balance. it 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 development, which shall be satisfied at no cost to the City or any other Government
Agency. All questions regarding the intent of the following conditions shall be referred to
the Public Works Engineering Department, Land Development Section. The
developer/property owner shall use the standards and design criteria stated in the
following conditions, and shall comply with all applicable City of Menifee standards and
ordinances. Should a conflict arise between City of Menifee standards and design
criteria, and any other standards and design criteria, those of the City of Menifee shall
prevail.
A. General Conditions
81. Subdivision Map Act - The developer/property owner shall comply with the
State of California Subdivision Map Act.
82. Guarantee for Required Improvements - Prior to grading permit issuance,
financial security shall be provided to guarantee the construction of all required
improvements associated with each phase of construction. The Public Works
Director may require the dedication and construction of necessary utilities,
streets or other improvements outside the area of any particular map phase if the
improvements are needed for circulation, parking and access or for the welfare
and safety of future occupants of the development.
83. Bond Agreements and Improvement Security — To guarantee the construction
of all required improvements, the developer/property owner shall enter into
security agreements and post bonds in accordance with applicable City policies
and ordinances. The improvements shall include, but not limited to: onsite/offsite
grading, street improvements, street lights, traffic signals, signing and striping,
water/sewer/recycled water improvements, water quality BMPs, and storm
drainage facilities.
84. Existing Easements - The final grading plan shall correctly show all existing
easements, traveled ways, and drainage courses. Any omission or
misrepresentation of these documents may require said plan to be resubmitted
for further consideration.
85. Engineered Plans - 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.
85. Plan Check Submittal Process — Appropriate plan check submittal farms shall
be completed and submittal check list provided that includes required plan
copies, necessary stud ieslreports, references, fees, deposits, etc. All large
format plans shall be bulk folded to 9"x12". A scanned image of all final approved
grading and improvement plans on Compact Disc (CD) shall be provided to the
City. ACAD files 2004 or later are required for all final maps upon approval.
87, Plan Approvals — All required improvement plans and grading plans must be
approved by the Public Works Engineering Department prior to recordation of a
final map for which the improvements are required, or prior to issuance of any
construction and/or grading permit, whichever comes first and as determined by
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the PW Director. Supporting City approved studies including, but not limited to,
hydrologic and hydraulic studies and traffic studies must be provided prior to
approval of plans.
88. As -Built Plans — Upon completion of all required improvements, the
developer/property owner shall cause the civil engineer of record to as -built all
project plans, and submit project base line of work for all layers in Auto CAD DXF
format on Compact Disc (CD) to the Public Works Department. If the required
files are unavailable, the developer/property owner shall pay a scanning fee to
cover the cost of scanning the as -built plans. The timing for submitting the as -
built plans shall be as determined by the Public Works Director.
89_ Construction Activities and Times of Operation. The developerlproperty
owner shall monitor, supervise, and control all construction and construction
related activities to prevent them from causing a public nuisance including, but
not limited to, strict adherence to the following:
(a)Any construction within the City limits located 1/4 of a mile from an
occupied residence shall be limited to the hours of 6:30 a.m. to 7:30
p.m., Monday through Saturday, except on nationally recognized
holidays in accordance with Municipal Code Section 8.01.020.
Construction on Sunday or nationally recognized holidays are not
permitted unless prior approval is obtained from the City Building
Official or City Engineer.
(b)Removal of spoils, debris, or other construction materials deposited
on any public street no later than the end of each working day.
(c)The construction site shall accommodate the parking of all motor
vehicles used by persons working at or providing deliveries to the
site. Violation of any condition or restriction or prohibition set forth in
these conditions shall subject the owner, applicant to remedies as
set forth in the City Municipal Code. In addition, the Public Works
Director or the Building Official may suspend all construction related
activities for violation of any condition, restriction or prohibition set
forth in these conditions until such a time it has been determined
that all operations and activities are in co6formance 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.
90. Dry Utility Installations - Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance
with Ordinance 460 and 461, or as approved by the Public Works Director/City
Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or
below along the project frontage and within the project boundaries. In a scenario
wherein overhead utilities do not meat the requirements set forth by Ordinance
460 for undergrounding of dry utilities, the developer shall be responsible for
relocation of any overhead facilities in the case where final engineering design
conflicts with existing placement of said facilities.
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B. GRADING
All grading activities 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.
Prior to Grading Permit
91. Geotechnical Report - A geotechnical/soils report was submitted to the City and
incorporated as an Appendix to the project's FEIR, The geotechnical/soil report
was reviewed in conformance with the latest edition of the Riverside County
Technical Guidelines for Review of Geotechnical and Geologic Reports, Prior to
issuance of any grading permit, two copies of the City approved
geotechnical/soils report shall be submitted to the Public Works Engineering
Department. The developer/property owner shall comply with the
recommendations of the report, and City standards and specifications. All
grading shall be done in conformance with the recommendations of the report,
and under the general direction of a licensed geotechnical engineer.
92. Grading Permit for Clearing and Grubbing — A grading permit is required from
the PW-Engineering Department prior to any clearing, grubbing, or any topsoil
disturbances related to construction grading activities.
93_ Erosion Control Plans — All grading plans shall require erosion control plans
prior to approval, Graded but undeveloped laird shall provide, in addition to
erosion control measures, 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 or before an anticipated rain event.
94. 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 State
Water Resource Control Board (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
WDI❑ number issued by the SWRCB shall be reflected on all grading plans prior
to approval of the plans. For additional information on how to obtain a GCP,
contact the SWRCB.
95. SWPPP - Prior to approval of the grading plans, the developer/property owner
shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the
development. The developer/property owner shall be responsible for uploading
the SWPPP into the State's SMARTS database system, and shall ensure that the
SWPPP is updated to constantly reflect the actual construction status of the site.
A copy of the SWPPP shall be made available at the construction site at all times
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until construction is completed. The SWRCB considers a construction project
complete once a Notice of Termination has been issued by SWRCB.
96. SWPPP for Inactive Sites u The developer/property owner shall be responsible
for ensuring that any graded area that is left inactive for a long period of time has
appropriate SWPPP BMPs in place and in good working conditions at all times
until construction is completed.
97. Grading Bonds — Prior to commencing any grading of 50 or more cubic yards of
dirt, the applicant shall obtain a grading permit from the PW-Engineering
Department. Prior to issuance of the permit, adequate performance grading
security shall be posted by the develope rlproperty owner with the Public Works
Engineering Department.
9& 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. If such locations were not previously
approved with an Environmental Site Assessment, a Grading Environmental Site
Assessment shall be submitted for review and approval by the Community
Development and the Public Works Engineering Departments prior to issuance of
any grading permit. A haul route must be submitted for approval by the
Engineering department prior to grading operations.
99. Offsite Grading Easements - Prior to recordation of a final map phase, or the
issuance of a grading permit within a phased map whichever occurs first, the
developer/property owner shall obtain all required easements and/or permissions
to perform offsite grading, from affected land owners. Notarized and recorded
agreement or documents authorizing the offsite grading shall be submitted to the
Public Works Engineering Department.
DESIGN GUIDELINES:
100. 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.
101. Slope Stability - A slope stability report shall be submitted and approved by the
PW-Engineering Department for all proposed cut or fill slopes steeper than 2:1
(horizontal to vertical) or over 30 feet in vertical height - unless addressed in a
previously City approved report.
102, Slope Landscaping and Irrigation — All manufactured slopes shall be irrigated
and landscaped with grass or approved ground cover, and shall have some type
of drainage Swale at the toe of the slope to collect runoff. Slopes exceeding 15
feet in vertical height shall be irrigated and planted with shrubs and/or trees per
City adopted Riverside County Ordinance 457. Drip Irrigation shall be used for all
irrigated slopes..
103. Control Measures for Slopes Greater than 3 feet in Vertical Height - 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
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landscape architect, and bonded per City adopted Riverside County Ordinance
457.
104. Temporary Erosion Control Measures - shall be implemented immediately
following rough grading to prevent deposition of debris onto downstream
properties or drainage facilities. Plans showing these measures shall be
submitted to PW Engineering for review and approval,
105. Dust Control - ❑uring actual grading, all necessary measures to control dust
shall be implemented by the developerlproperty 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.
106. ❑esign Grade Criteria,
a) On -Site Parking — Where onsite parking is designed, such as in
common areas, parking stalls and driveways shall not have grade
breaks exceeding 4%. A 50' minimum vertical curve shall be provided
where grade breaks exceed 4%. Five percent grade is the maximum
slope for any parking area. Where ADA requirement applies, ADA
requirement shall prevail.
b) Down ❑rains - 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) 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%, or approved by the
PW Director/City Engineer,
107. 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 the
expense of the developer/property owner.
Prior to Building Permit
108, 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.
109. Final Hough Grading Conditions -- Prior to issuance of each building permit,
the developer/property owner shall cause the Civil Engineer of Record and Soils
Engineer of Record for the approved grading plans, to submit signed and wet
stamped rough grade certification and compaction test reports with 9091a or better
compaction. 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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110. 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 geotechnicaVsoils report.
Prior to Issuance of Certificate of Occupancy
111. Final Grade Certification — The developer/property owner shall cause the Civil
Engineer of Record for approved grading plans, to submit signed and wet
stamped final grade certification on City approved form, for each building
requesting a certificate of occupancy_ The certification shall be submitted to the
Public Works Engineering Department for verification and acceptance.
112. Conform to Elevations - Final grade elevations of all building or structure finish
floors submitted for grading plan check approval shall be in substantial
conformance with the elevations shown on the approved grading plans.
C. DRAINAGE
General Conditions
113. 10 YR Curb — 100 YR ROW: The 10 year storm flow shall be contained within
the curb and the 100 year storm flow shall be contained within the street right of
way. When either of these criteria is exceeded, additional drainage facilities shall
be installed. The property shall be graded to drain to the adjacent street or an
adequate outlet.
114. 100 YR Sump Outlet: Drainage facilities outletting sump conditions shall be
designed to convey the tributary 100 year storm flows. Additional emergency
escape shall also be provided.
115. Coordinate Drainage Design: Development of this property shall be
coordinated with the development of adjacent properties to ensure that
watercourses remain unobstructed and stormwaters are not diverted from one
watershed to another. This may require the construction of temporary drainage
facilities or offsite construction and grading. A drainage easement shall be
obtained from the affected property owners for the release of concentrated or
diverted storm flows. A copy of the recorded drainage easement shall be
submitted to the PW Engineering Department for review.
116. Interceptor Drain Criteria: The criteria for maintenance access of
terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide
access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular
channel. Terrace/interceptor drains are unacceptable for flows greater than 10
cfs. Flows greater than 10 cfs shall be brought to the street.
117. 13MP — Energy Dissipators: Energy Dissipators, such as rip -rap, shall be
installed at the outlet of a storm drain system that discharges runoff flows into a
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natural channel or an unmaintained facility. The dissipators shall be designed to
minimize the amount of erosion downstream of the storm drain outlet_
118. 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
119. Perpetual Drainage Patterns (Easements) - Grading shall be designed in a
manner that perpetuates the existing natural drainage patterns and conditions
with respect to tributary drainage areas and outlet points_ Where these conditions
are not preserved, necessary drainage easements shall be obtained from all
affected property owners for the release onto their properties of concentrated or
diverted storm flows. A copy of the recorded drainage easement shall be
submitted to the PW Engineering Department for review.
120. protection of Downstream Properties - The developer/property owner shall
protect downstream properties from damages that can be caused by alteration of
natural drainage patterns, i.e., concentration or diversion of flow. Protection shall
be provided by constructing adequate drainage facilities including enlarging
existing facilities and securing necessary drainage easements.
Prior to Building Permit Issuance
121 _ Submit Plans: A copy of the improvement plans, grading plans, final map,
environmental constraint sheet, BMP improvement plans, and any other
necessary documentation along with supporting hydrologic and hydraulic
calculations shall be submitted to the PW Engineering Department for review, All
submittals shall be date stamped by the engineer and include a completed City
Deposit Based Fee Worksheet and the appropriate plan check fee deposit. For
facilities proposed for ownership by the Flood Control District, plans shall be
submitted to Flood Control with a Flood Control Deposit Based Fee Worksheet
and the appropriate plan check fee deposit.
122. Offsite Easements or Redesign: Offsite, drainage facilities shall be located
within dedicated drainage easements obtained from the affected property
owner(s). Documents) shall be recorded and a copy submitted to the PIN
Engineering Department prior to recordation of the final map_ If the developer
cannot obtain such rights, the map should be redesigned to eliminate the need
for the easement.
123. Written Permission for Grading: Written permission shall be obtained from the
affected property owners allowing the proposed grading and/or facilities to be
installed outside of the tract boundaries. A copy of the written authorization shall
be submitted to the PW Engineering Department for review and approval.
124. Storm Drain Lines 36" and larger - All proposed storm drain lines greater
than 36" in diameter may be considered for ownership and maintenance by
the Flood Control District.
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DRAINAGE DESIGN CRITERIA
125. 100 Year Drainage Facilities - All drainage facilities shall be designed to
accommodate 100-year storm flows as approved by the City of Menifee_ If the
tract is built in phases, each phase shall be protected from the 100-year tributary
storm flows.
126. 10 Year Curnrl100 Year ROW - The 10-year storm flow shall be contained within
the curb and the 100-year storm flow shall be contained within the street right of
way. When either of these criteria is exceeded, additional drainage facilities shall
be installed. All lots shall be graded to drain to the adjacent street or an adequate
outlet.
127. 100 Year Sump Outlet - Drainage facilities out -netting sump conditions shall be
designed to convey the tributary 100-year storm flows, and additional emergency
escape shall also be provided.
128. Finish Grade - shall be sloped to provide proper drainage away from all exterior
foundation walls. The slope shall be not less than one-half inch per foot for a
distance of not less than 3 feet from any point of exterior foundation. Drainage
swales shall not be less than 1 112 inches deeper than the adjacent finish grade
at the foundation.
129. 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.
130. 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, planting erosion resistant vegetation
shall provide protection of the native soils. All cut and fill slopes shall have a
maximum 2:1 grade (H:V).
131. Licensed Geotech - A licensed geotechnical engineer shall perform final
determination of the foundation characteristics of soils within on -site development
areas.
132. Trash Racks. Trash racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large floatable debris.
133. Energy Dissipators - Energy dissipaters, such as riprap, shall be installed at the
outlet of storm drain systems discharging runoff flows into a natural channel or an
unmaintained facility. The dissipaters shall be designed to minimize the amount
of erosion downstream of the storm drain outlet.
D. WASTE MANAGEMENT
134. 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
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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.or /o encros/rec cl in /rec clin and compost business.html#m
andatory
135. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that 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 following 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.
Prior to Building Permit Issuance:
136. 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 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/fagade, construction materials and signage. The plot plan shall clearly
indicate how the trash and recycling enclosures shall be accessed by the hauler.
Prior to issuance of Certificate of Occupancy:
137. Waste Recycling Plan. Prior to the issuance of a 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, 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
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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.
138. Waste Management Clearance. Prior to issuance of an occupancy permit for
each building, evidence (i.e., receipts or other type of verification) shall be
submitted to demonstrate project compliance with the approved WRP to the
Engineering and Public Works 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.
E. TRAFFIC ENGINEERING AND STREET IMPROVEMENTS
139, 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 March 29, 2016 prepared by Urban
Crossroads. The Public Works Department — Traffic Engineering Division has
reviewed the TIA and has generally concurred with its findings. The
developerlproperty owner shall be responsible for all improvements and
mitigations, such as but not limited to; right-of-way frontage improvements, traffic
signal construction or mitigation, fair share fees, required or identified in the
approved traffic study and according to these Conditions of Approval. All required
improvements identified in the study shall be included in all improvement plans
for review and approval by the Public Works Department. The
recommendations/mitigation measures outlined in the approved TIA are as
discussed below. Additional improvements may be required to address public
safety and welfare, as determined by the Public Works Director.
Prior to Issuance of Buildinc
i Permit
140, Signing and Striping Plan — Prior to issuance of a building 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.
Signing and striping plans shall be designed to restrict all left -turn movements on
Newport Road in between Bradley Road and Winter Hawk Road with the
exception of a striped left turn pocket on Newport Road at the western -most
driveway as shown in the TIA. The western -most driveway will allow for right -in,
right -out and left -in access only. Signing and striping plans may include a striped
bike lane per City General Plan requirements.
Signing and striping plans may be requested during final engineering for
driveway access on Winter Hawk Road.
141. Driveway Geometries- Final driveway geometries may be modified in final
engineering as approved by the Public Works Director. Driveways shall meet
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current standard radii on all existing and proposed commercial drive approaches
used as access to the proposed development. The developer shall adhere to all
City standards and regulations for access and ADA guidelines.
In its discretion, and in coordination with adjacent property owners and the
developer, the City will evaluate traffic operations of the left -turn in access on
Newport Road. The City reserves the right to remove left turn access if traffic
operations are deemed failing or for any other reason permitted by law. If the
City decides to construct a raised median on Newport Road, the Public Works
Director, in coordination with the developer/property owners and adjacent
property owners, will review left -turn in traffic operations on Newport Road into
this project and the west driveway to determine operational feasibility and
potential modifications.
142. Construction Traffic Control Plan - Prior to start of any project related
construction, the developer/property owner shall submit to the Public Works
Engineering Department for review and approval, a Construction Traffic Control
Plan in compliance with all applicable City ordinances, standards and
specifications, and the latest edition of the CAMUTCD. This traffic control plan
shall address impacts from construction vehicular traffic, noise, and dust and
shall propose measures to mitigate these effects. The traffic control plan shall
include a Traffic Safety Plan for safe use of public roads right-of-way during
construction. The plan shall specify 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.
143. Fair Share Cost Estimates- This project is required to contribute fair share costs
for associated improvements along the project frontage with respect to ultimate
improvements. The fair share cost estimates for geometric improvements shall
be based on conceptual exhibits. The conceptual exhibits shall show the
proposed improvements overlaid onto the existing roadway in order to determine
the construction cost of said improvement.
144, TUMF Improvement and Credit Agreement — In order to obtain credit for TUMF
eligible facilities, the developer shall enter into a three party TUMF Improvement
and Credit Agreement with WRCOG and the City of Menifee. The agreement
shall be in accordance with City Ordinances and VVRCOG Administrative Policy.
The agreement requires WRCOG approval and City Council action.
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Prior to Issuance of Certificate of Occupancy
145. Cost participation through Payment of TUMF and DIF for Offsite
Improvements- The developer/property owner's TUMF and DIF payment
obligations shall be considered as cost participation for Project's required offsite
improvements only when the offsite improvements for which credits are claimed,
are eligible TUMF and/or DIF facilities at time of TUMF and DIF payments.
Determination for TUMF credits shall be at the discretion of the Western
Riverside Council of Governments (WRCOG), the governing authority, which
shall include entering into a three party TUMF Credit Agreement with the
developer, WRCOG and the City of Menifee.
146. Fair Share Cost participation for Off -site Improvements- The
developer/property owner shall pay fair share costs for off -site improvements as
detailed below. These fair shares are determined as follows:
a) Raised median improvement along Newport Road. The
developer/project owner shall pay 50% of the cost for a 14' wide
raised median at a distance of approximately 190' (this distance is the
length of the property).
E. STREET STANDARDS, DEDICATIONS, AND VACATIONS
147. Improvements - Street improvements shall conform to all applicable City Design
Standards and Specifications, the City General Plan, City adopted Riverside
County Ordinance 461, and all other relevant laws, rules and regulations
governing street construction in the City.
14& Soils and Pavement Report -- Street pavement structural designs shall comply
with the recommendations in the City approved Project soils and pavement
investigation report, and must meet minimum City standards and specifications,
as approved by the PW Director.
149_ Street Improvement Plan Profile - Improvement plans shall be prepared based
upon a design profile extending a minimum of 300 feet beyond project
boundaries at grade and alignment approved by PW Engineering Department.
150_ Streetlight Plan -- Street light construction plans shall be prepared as separate
plans or combined with the public street improvement plans as approved by the
PW Director,
151. Streetlight Design as LS-3 Rate Lights -- All streetlights, other than traffic
signal safety lights, shall be designed as LS-3 rate lights in accordance with
approved City standards and specifications, and as determined by the PW
Director,
152. Public Streetlights Service Points — All proposed public streetlights shall be
provided with necessary appurtenances and service points for power, separate
from privately owned streetlights. The developer/property owner shall coordinate
with the PW Department and with Southern California Edison the assignment of
addresses to streetlight service points_ Service points for proposed public
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streetlights shall become public and shall be located within public right of way or
within duly dedicated public easements.
153. Street Name Sign - The developer/property owner shall install street name
sign(s) in accordance with applicable City Standards or as directed by the PW
Engineering Department.
154. dry Utility Installations - Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance
with Ordinance 450 and 461, or as approved by the Public Works Director/City
Engineer. This also applies to existing overhead lines which are 33.6 kilovolts or
below along the project frontage and within the project boundaries,
Prior to Building Permit Issuance
155. Onsite Overhead Lines within Dedicated Utility ROW Boundaries - If,
portions of existing right of ways (ROW) within project boundaries are proposed
for vacation prior to recordation of the final map phases (or prior to grading
permit issuance, whichever comes first), that have existing overhead lines, the
developer/property owners shall coordinate the undergrounding, relocation or
removal of said lines with appropriate agencies. ROWS with existing overhead
lines shall not be vacated without the utilities being first removed, relocated or
replaced_
15& Acceptance of Public Roadway Dedication and Improvements - Onsite
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. Any
off -site rights -of -way required for access road(s) shall be accepted to vest title in
the name of the public if not already accepted. Any shared access roads
necessary for the adequate circulation of the proposed project, shall be
dedicated for reciprocal access by acceptable recordable instrument prior to any
permit issuance.
157. Improvement Bonds - Prior to issuance of any construction permit for all
required onsite and offsite public improvements, the developer/project owner
shall enter into a bond agreement and post acceptable bonds or security, to
guarantee the completion 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 Conditions).
158, 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.
Prior to Issuance of Certificate of Occupancv
159. Driveways and Driveway Approaches - Driveways and driveway Approaches
shall be designed and constructed per City standards. The modified County of
Riverside standard 207A may be used as approved by the Public Works Director.
Prior to issuance of Certificate of Occupancy, required driveways shall be
constructed.
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166. Completion of Street Improvements — Prior to issuance of a Certificate of
Occupancy, the following street components shall be completed:
a) Primary and Alternate (secondary) access roads shall be completed
and paved to finish grade according to the limits indicated in the
improvement plans and as noted elsewhere in these conditions.
b) Interior roads shall be completed and paved to finish grade according
to the limits indicated in the improvement plans and as noted
elsewhere in these conditions. All curbs, gutters, sidewalks and
driveway approaches shall be installed
c) Storm drains and flood control facilities shall be completed according
to the improvement plans and as noted elsewhere in these
conditions. Written confirmation of acceptance by the Flood Control
District, if applicable, is required.
d) Water system, including fire hydrants, shall be installed and
operational, according to the improvement plans and as noted
elsewhere in these conditions. All water valves shall be raised to
pavement finished grade. Written confirmation of acceptance from
water purveyor is required.
e) Sewer system shall be installed and operational, according to the
improvement plans and as noted elsewhere in these conditions. All
sewer manholes shall be raised to pavement finished grade. Written
confirmation of acceptance from sewer purveyor is required.
f) Landscaping and irrigation, water and electrical systems shall be
installed and operational in accordance with City adopted County
Ordinance 461.
F. WATER, SEWER, AND RECYCLED WATER
161 _ Meet Minimum Standards - All water, sewer and recycled water improvements
shall be designed per the City adopted County Ordinances 466, 461 and 767;
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.
162, Utility Improvement Plans — Public Water, Sewer and Recycled Water
improvements shell be drawn on City title block for review and approval by the
City PW Department and EMWD.
163. Onsite and Offsite Sewer, Water and Recycled Water Improvements —All
public onsite and offsite sewer, water and recycled water improvements shall be
guaranteed for construction prior to final map recordation.
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 15.61 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
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WQMP prepared in accordance with the latest WQMP guidelines approved by the
Regional Water quality Control Board,
164. 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
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 fallowing:
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 Issuance of Gradin_q Permit
165. 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
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Public Works Engineering Department, The FINAL WQMP submittal shall include
at the minimum the following reports1studies.-
a) Hydrology/hydraulics report
b) Soils Report that includes soil infiltration capacity
c) Limited Phase II Environmental Site Assessment Report, as may be
required by an approved Phase I ESA Report
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.
166. Revising The Final WQMP: In the event the Final WQMP requires design
revisions that will substantially deviate from the approved Prelim WQMP, a
revised or new WQMP shall be submitted for review and approval by the PW
Department. The cost of reviewing the revised/new WQMP shall be charged on a
time and material basis. The fixed fee to review a Final WQMP shall not apply,
and a deposit shall be collected from the applicant to pay for reviewing the
substantially revised WQMP.
167. WQMP Right of Entry and Maintenance Agreement: Prior to, or concurrent
with the approval of the FINAL WQMP, the developer/property owner shall record
Covenants, Conditions and Restrictions (CC&R's), or enter into an acceptable
Right of Entry and Maintenance Agreement with the City to inform future property
owners of the requirement to perpetually implement the approved FINAL WQMP,
Prior to Issuance of Certificate of Occu anc
168. Implement Project Specific WQMP: All structural BMPs described in the
project -specific WQMP shall be constructed and operational in conformance with
approved plans and specifications. It shall be demonstrated that the applicant is
prepared to implement all non-structural BMPs described in the approved project
specific WQMP and that copies of the approved project -specific WQMP are
available for the future ❑wnersloccupants_ The City will not release occupancy
permits for any portion of the project, or any proposed map phase prior to the
completion of the construction of all required structural BMPs, and
implementation of non-structural BMPs.
169. WQMPIBMP Education: Prior to issuance of any Certificate of Occupancy, the
developer/project owner shall provide the City proof of notification to future
occupants, of all non-structural BMPs and educational and training requirements
for said BMPs as directed in the approved WQMP. At a minimum, acceptable
proof of notification must be in the form of a notarized affidavit, The developer
must provide to the PW Engineering Department a notarized affidavit stating that
the distribution of educational materials to future homebuyers has been
completed prior to issuance Of Occupancy permits,
NPDES Public Educational Program materials may be obtained from the
Riverside County Flood Control and Water Conservation District (District) -
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NPDES Section by accessing the District's website at
www.floodcontrol.co.riverside.ca.us.
H. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2
Prior to Building Permit Issuance
170. Annexation to the Citywide Community Facilities District (CFD) 2015-2 -
Prior to, or concurrent with the issuance of a Building Permit, 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.
171, 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 a building
permit but prior to issuance of a Certificate of Occupancy. The developer shall be
responsible for all costs associated with the preparation of the CFD annexation
agreement. The agreement shall be approved by the City Council and City
Attorney prior to issuance of a building permit_
172_ Assessment Segregation - Should this project lie within any assessment/benefit
district, the applicant shall, prior to any building permit issuance to, make
application for and pay for their reapportionment of the assessments or pay the
unit fees in the benefit district unless said fees are deferred to building permit.
173, 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 be prepared on a separate City CFD plans for
review and approval by the PW Engineering Department, The plans may be
prepared for each map phase or as one plan for the entire development as
determined by the PW Director. When necessary as determined by the PW
Director, a separate WQMP construction plan on City title block maybe required
for review and approval by the PW Engineering Department prior to issuance of a
grading permit.
174. 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.
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175_ CF❑ 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.
17& 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.
I. FEES, DEPOSITS AND ❑EVELOPMENT IMPACT FEES
177, FEES AND DEPOSITS — Prior to approval of final maps, grading plans,
improvement plans, issuance of building permits, and/or issuance of certificate of
occupancy, the developer/property owner shall pay all fees, deposits as
applicable. These shall include the regional Transportation Uniform Mitigation
Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact
Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee.
Said fees and deposits shall be collected at the rate in effect at the time of
collection as specified in current City resolutions and ordinances.
Prior to Building Permit Issuance
1 88. ZONE C OF THE RBBD - Prior to the recordation of the final map, or any phase
thereof, the project proponent shall pay fees in accordance with Zone C of the
Menifee Valley Road and Bridge Benefit District. Should the project proponent
choose to defer the time of payment, a written request shall be submitted to the
City, deferring said payment to the time of issuance of a building permit. Fees
approved for deferral shall be based upon the fee schedule in effect at the time of
issuance of the permit.
Prior to Issuance of Cortificate of Occuoanc
179. TUMF FEES - Prior to the issuance of an occupancy permit, the
developer/property owner shall pay the Transportation Uniform Mitigation Fee
(TUMF) in accordance with the fee schedule in effect at the time of issuance,
pursuant to adopted City Ordinance governing the TUMF program.
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Section IV:
Riverside County Fire Department
Conditions of Approval
Page 46 of 53
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-PP-099) is required on all
correspondence.
Additional information is available at our website: www.rvcfire.om 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. Shell Building Only. These conditions are for a shell building and will receive a
shell final only. No fire and life safety clearance will be issued for a tenant space
until the specific occupancy classification has been established and tenant
improvement plans have been reviewed and conditioned by the Riverside County
Fire Department.
162. 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_
163. 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.
164, Pile Racks. This building has not been reviewed or approved for high pile/rack
storage. Prior to such use, building(s) shall be approved for high -piled storage
(materials in closely packed piles or on pallets, or in racks where the top of
storage exceeds 12 feet in height, 6 feet for Group A plastics and certain other
hazardous commodities) or aerosols products. High -piled and aerosol stock
shall be approved by the Fire Department prior to materials being stored on site.
A licensed Fire Protection Engineer or a Fire Department approved consultant
must prepare plans for high -piled storage or aerosol storage in accordance with
the 2013 CFC and NFPA 13, 2013 Edition. Current plan check deposit based
fee is $348.00.
165. Minimum Required Fire Flow. Minimum required fire flow shall be 2,750 GPM
for a two (2) hour duration at twenty (20) Pounds Per Square Inch (PSI) residual
operating pressure, which must be available before any combustible material is
placed on the job site.
166. Super Fire Hydrants. Approved accessible on -site fire hydrants shall be located
not to exceed 400 feet apart in any direction. No portion of a building shall be
further than 225 feet from a fire hydrant. Fire hydrants shall provide the required
fire flow.
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Prior to Issuance of Building Permit
167. Water System. Prior to issuance of building permits, the fire protection water
system must be provided as approved by the Fire Department and the local
water authority.
168. Water Plans. The applicants or developer shall separately submit two (2) copies
of the water system plans to the Fire Department for review and approval.
Calculated velocities shall not exceed 100 feet per second. Plans shall conform
to the fire hydrant types, location and spacing. The system shall meet the fire
flow requirements_ Plans shall be signed and approved by a registered civil
engineer and the local water company with the following certification: "I certify
that the design of the water system is in accordance with the requirements
prescribed by the Riverside County Fire Department," Once plans are signed
and approved by the local water authority, the originals shall be presented to the
Fire Department for review and approval.
169. Access Roads. Fire Apparatus access road(s) shall be in compliance with the
Riverside County Fire Department Standard number 06-05. Access roads shall
have an unobstructed vertical clearance of not less than 13 feet, 6 inches.
Access lanes shall be designed to withstand the weight of 60 thousand pounds
over 2 axles. Access will have a turning radius capable of accommodating fire
apparatus. Access lane shall be constructed with a surface so as to provide all-
weather driving capabilities.
Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with approved provision for the turnaround capabilities of fire apparatus
Driveway loops, fire apparatus access lanes and entrance curb radius should be
designed to adequately allow access of emergency fire vehicles. The applicant
or developer shall include in the building plans the required fire lanes and include
the appropriate lane printing and/or signs.
170. Lock Box. An approved Fire Department access key lock box (Minimum Knox
Box 3200 series model) shall be installed next to the approved Fire Department
access door to the building. If the buildings are protected with an alarm system,
the lock box shall be required to have tampered monitoring. Required order
forms and installation standards may be obtained at the Fire Department.
171, Display Address. Display street numbers in a prominent location on the
address side of building(s) and/or rear access if applicable. Numbers and letters
shall be a minimum of 12" in height for building(s) up to 25' in height. In
complexes with alpha designations, letter size must match numbers. All
addressing must be legible, of a contrasting color, and adequately illuminated to
be visible from street at all hours.
172. Exits. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit
path marking shall be installed per the 2013 California Building Code.
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173. Access to Mechanical Equipment. Access shall be provided to all mechanical
equipment located on the roof as per 2013 California Mechanical Code.
174. Gates. Gate(s), if any, shall be automatic or manually operated. Install Knox
key operated switches, mounted per recommended standard of the Knox
Company. Building plans shall include mounting location/position and operating
standards for Fire Department approval.
Prior to Final Insooction
175. Fire Sprinklers. Install a complete commercial fire sprinkler system (per NFPA
13, 2013 Edition), Fire sprinkler system(s) with pipe sizes in excess of 4" in
diameter will require the project Structural Engineer to certify with a "wet
signature", that the structural system is designed to support the seismic and
gravity loads to support the additional weight of the sprinkler system. All fire
sprinkler risers shall be protected from any physical damage_ The PIV and FCD
shall be located to the front, within 25 to 50 feet of a hydrant, and a minimum of
25 feet from the building(s). Sprinkler riser room must have exterior and/or
interior door signs. A licensed C-16 contactor must submit plans, along with
current permit fees, to the Fire Department for review and approval prior to
installation,
176. Fire Alarm System. Install an alarm monitoring system for fire sprinkler
system(s) with 20 or more heads. A licensed C-10 contractor must submit plans
along with the current permit fees to the Fire Department for review and approval
prior to installation,
177. Install Fire Extinguishers. Install portable fire extinguishers, with a minimum
rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire
extinguishers shall be mounted 3.5 to 5 ft. above finished floor, measured to the
top of the extinguisher. Where not readily visible, signs shall be posted above all
extinguishers to indicate their locations. Extinguishers must have current CSFM
service tags affixed.
178. Hood Duct. A UL 300 hood/duct fire extinguishing system must be installed over
cooking equipment. A C-16 licensed contractor must submit plans, along with
the current permit fee, to the Fire Department for review and approval prior to
installation.
179. Air Handling System. Air handling systems supplying air in excess of 2000
cubic feet per minute to enclosed spaces within buildings shall be equipped with
an automatic shutoff as per 2013 California Mechanical Code
180. Label Items. Electrical room doors, FACP, fire sprinkler riser, and roof access if
applicable shall be labeled as per use.
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Section V:
Riverside County Environmental
Health Conditions of Approval
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General Conditions
181. General Comments. This project is proposing Eastern Municipal Water District
(EMWD) water, recycled water and sewer service. It is the responsibility of the
permittee to ensure that all requirements to obtain potable water and sanitary
sewer service are met with EMWD, as well as, all other applicable agencies.
As the agency providing sewer service, EMWD shall also have the responsibility
to implement any grease interceptor or oil/water separator tank requirements,
including sizing capacity and minimum structural specification, if necessary. All
existing septic systems and/or wells, if any, shall be properly removed or
abandoned under permit with the Department of Environmental Health.
182. Hazardous Materials Management Branch (HMM8). 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 (BPP) 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.
183. 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.
184. 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.
185. Tattooing, Body Piercing, Branding and the Application of Permanent
Cosmetics. Any persons engaged in the business or performance of tattooing,
body piercing, branding and the application of permanent cosmetics as defined in
Health and Safety Code 119300 et sec. must obtain approval from the Riverside
County Department of Environmental Health LEA.
Prior to Building Permit Issuance Conditions
180. Pood 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)
481-0284.
County of Riverside Department of Environmental Health
District Environmental Services — Hemet Office
800 S. Sanderson Avenue
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Hemet, CA 92545
181. 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 Municipal 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.
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The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
Signed
Name (please print)
Date
Title (please print)
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