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EXHIBIT “1”
Conditions of Approval for
Tentative Parcel Map No. 37103
(Planning Application
Tentative Parcel Map No. 2015-177)
Schedule ‘E’ Subdivision
Section I: Conditions applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Fire Department
Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
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Section I:
Conditions Applicable to all
Departments
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General Conditions
1. Project Description. Tentative Parcel Map No. 2015-177 (Tentative Parcel
Map No. 37103) proposes a Schedule ‘E’ Commercial Parcel Map of 5.03 gross
acres into two (2) parcels (Parcel 1 = 4.38 gross acres; Parcel 2 = 0.65 gross
acres). The site is located on the northwest corner of the intersection of Newport
Road and Bradley Road (APN: 338-170-013).
2. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative Parcel Map No. 36998 shall be
henceforth defined as follows:
TENTATIVE MAP = Tentative Parcel Map No. 37103, dated 07/19/16,
(Planning Application No. 2015-177)
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
3. Ninety (90) Days. The permittee has ninety (90) days from the date of approval
of these conditions to protest, in accordance with the procedures set forth in
Government Code Section 66020, the imposition of any and all fees,
dedications, reservations and/or other exactions imposed on this project as a
result of this approval or conditional approval of this project.
4. Indemnification. Applicant/developer shall indemnify, defend, and hold
harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors,
consultants, and agents from and against any and all claims, liabilities, losses,
fines, penalties, and expenses, including without limitation litigation expenses
and attorney’s fees, arising out of either the City’s approval of the Project or
actions related to the Property or the acts, omissions, or operations of the
applicant/developer and its directors, officers, members, partners, employees,
agents, contractors, and subcontractors of each person or entity comprising the
applicant/developer with respect to the ownership, planning, design,
construction, and maintenance of the Project and the Property for which the
Project is being approved. In addition to the above, within 15 days of this
approval, the developer/applicant shall enter into an indemnification agreement
with the City. The indemnification agreement shall be substantially the same as
the form agreement currently on file with the City.
5. Newly Incorporated City. The City of Menifee is a new City, incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. In
the future the City of Menifee will identify and put in place various processing
fees to cover the reasonable cost of the services provided. The City also will
identify and fund mitigation measure under CEQA through development impact
fees. Such fees may include but are not limited to processing fees for 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
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financing districts to cover the costs of maintenance of improvements
constructed by development, Permitee agrees to petition for formation of,
annexation to or inclusion in any such financing district and to pay the cost of
such formation, annexation or inclusion.
The permitee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
6. Comply with Ordinance No. 460. This land division shall comply with the State
of California Subdivision Map Act and to all requirements of Ordinance No. 460,
Schedule E, unless modified by the conditions listed herein.
7. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the City of Menifee Planning Commission’s original
approval date, unless extended as provided pursuant to the, Subdivision Map
Act, Ordinance No. 460 or subsequent ordinance adopted by the City. Action
on a minor change and/or revised map request shall not extend the time limits
of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires
before the recordation of the final phase, no further FINAL MAP recordation
shall be permitted.
8. No Building Permits. Planning Application Tentative Parcel Map No. 2015-
177 (TPM 37103) is for a Schedule ‘E’ subdivision. No building permits shall be
issued pursuant to this subdivision.
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Section II:
Community Development
Department Conditions of
Approval
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General Conditions
9. Outside Lighting. Any outside lighting shall be hooded and directed so as not
to shine directly upon adjoining property or public rights-of-way and so as to
prevent either the spillage of lumens or reflection into the sky.
10. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not
including on-site advertising or directional signs) shall be constructed or
maintained within the property subject to this approval.
11. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this parcel map as a principal place of
residence. No person shall be entitled to vote using an address within the
premises as a place of residence.
12. No Outdoor Storage. No outdoor storage is allowed within or upon the site.
No storage lockers, sheds, metal container bins, or metal shipping containers
(excluding containers for recycling centers) will be allowed to be stored outside
unless first reviewed and approved by the Community Development
Department.
13. Hazardous Materials. Hazardous materials are not accepted at Riverside
County landfills. In compliance with federal, state, and local regulations and
ordinances, any hazardous waste generated in association with the project shall
be disposed of at a permitted Hazardous Waste disposal f acility. Hazardous
waste materials include, but are not limited to, paint, batteries, oil, asbestos,
and solvents. For further information regarding the determination, transport,
and disposal of hazardous waste, please contact the Riverside County
Department of Environmental Health, Environmental Protection and Oversight
Division, at 1-800-722-4234.
14. Recreational Vehicle Parking. No overnight recreational vehicle parking or
camping will be allowed within the site.
15. Outdoor Events/Temporary Uses. A temporary use permit, shall be required
for outdoor events and/or temporary uses as described in Menifee Municipal
Code Chapter 9.6 and include, but not limited to, Farmer’s Markets, art and car
shows, and sidewalk sales.
Landscaping
16. The project shall replace all missing trees located within existing tree wells
located in the parking lot at the commercial center on Parcel 1. Existing
Magnolia trees located along the drive aisle aligned with the Newport Road
entrance shall be removed and new trees shall be installed in accordance with
the landscape plans on file with the City of Menifee or as determined by the
Community Development Director. Purple Leaf Plum trees removed from the
Newport Road entrance to the center shall be replaced with new Purple Leaf
Plum trees or another species of accent tree as determined by the Community
Development Director.
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Fees
17. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to final map, grading plan,
building plan or mitigation monitoring review, shall be reviewed on an hourly
basis (research fee), or other such review fee as may be in effect at the time of
submittal, as required by Resolution No. 13-320 (Cost of Services Fee Study),
or any successor thereto. Each submittal shall be accompanied with a letter
clearly indicating which condition or conditions the submittal is intended to
comply with.
Prior to Final Map
18. Final Map. After the approval of the TENTATIVE MAP and prior to the
expiration of said map, the developer/owner shall cause the real property
included within the TENTATIVE MAP, or any part thereof, to be surveyed and
a FINAL MAP thereof prepared in accordance with the current Engineering
Department requirements, the conditionally approved TENTATIVE MAP, and in
accordance with Article IX of Ordinance No. 460.
19. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or
registered civil engineer.
20. On-site Maintenance. PRIOR TO MAP RECORDATION, the procedures for
common area maintenance procedures and responsibility for areas including,
but not limited to the common recreation, open space, circulation systems,
detention basin, and landscaped areas on-site will be incorporated into the
CC&Rs, discussed in more detail in the below condition.
21. CCR’s Private Common Area. PRIOR TO MAP RECORDATION the
applicant shall notify the Community Development Department that the
following documents shall be submitted to the City Attorney and submit said
documents for review along with the current fee, which shall be subject to City
Attorney approval:
a. A cover letter identifying the project for which approval is sought and
identifying one individual to represent the land divider if there are any
questions concerning the review of the submitted documents;
b. A signed and notarized declaration of covenants, conditions and restriction.
Attached to these documents there shall be included a legal description of
the property included within the CC&Rs and a scaled map or diagram of
such boundaries, both signed and stamped by a California registered civil
engineer or licensed land surveyor;
c. A deposit fee for Review if Covenants, Conditions and Restrictions
established pursuant to the City fee schedule at the time the above-
referenced documents are submitted for City Attorney review.
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The declaration of covenants, conditions and restrictions submitted for review
shall:
1. provide for a minimum term of 60 years,
d. The declaration of CC&Rs shall contain the following provisions:
1. "Notwithstanding, any provision in this Declaration to the contrary,
the following provisions shall apply:
The parties to the Declaration established herein shall manage and
continuously maintain their own 'common area', as more particularly
described on the Tentative Map which is attached hereto, and shall
not sell or transfer the 'common area' or any part thereof, absent
the prior written consent of the Community Development Director of
the City of Menifee.
This Declaration shall not be terminated, 'substantially' amended,
or property de-annexed there from absent the prior written consent
of the Community Development Director of the City of Menifee. A
proposed amendment shall be considered 'substantial' if it affects
the extent, usage or maintenance of the 'common area' established
pursuant to this Declaration.
2. The City of Menifee is an express third party beneficiary of the
covenants, conditions, restrictions, easements and servitudes
provided in this Declaration. Accordingly, the City has the
continuing right, but not the obligation, to enforce any provisions of
this Declaration
Once approved, the copy and the original declaration of CC&Rs shall be
forwarded by the City Attorney and the Planning Division. The Planning
Division will retain the one copy for the case file, and forward the wet signed
and notarized original declaration of covenants, conditions and restrictions to
the City Engineer for safe keeping until the final map is ready for recordation.
The City Engineer shall record the original declaration of CC&Rs in conjunction
with the recordation of the final map.
22. Reciprocal Access. Prior to map recordation, reciprocal access shall be
established across all lots for appropriate on-site circulation and access to and
from Newport Road and Bradley Road for the project site between parcels.
23. Dark Sky Ordinance. The following Environmental Constraints Note shall be
placed on the ECS:
"This property is subject to lighting restrictions as required by the Menifee
Municipal Code Chapter 6.01, the “Dark Sky Ordinance”, which are intended to
reduce the effects of night lighting on the Mount Palomar Observatory. All
proposed outdoor lighting systems shall be in conformance with the Dark Sky
Ordinance.”
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24. Survey Checklist. The Engineering Department shall review any FINAL MAP
and ensure compliance with the following:
a. All parcels on the FINAL MAP shall be in substantial conformance with the
approved TENTATIVE MAP relative to size and configuration.
b. All lots on the FINAL MAP shall comply with the length to width ratios, as
established by Section 3.8.C. of Ordinance No. 460.
c. The total number of parcels on the final map shall be two (2).
Fees
25. Fees. Prior to recordation, the Planning Department shall determine if the
deposit-based fees for the TENTATIVE MAP are in a negative balance. If so,
any unpaid fees shall be paid by the developer/owner and/or the
developer/owner's successor-in-interest.
Section III:
Engineering/Transportation/
Grading Conditions of Approval
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The following are Public Works Engineering Department Conditions of Approval for this
project which shall be satisfied at no cost to the City or any other Government Agency. All
questions regarding the intent of the following conditions shall be ref erred to the Public
Works Engineering Department, Land Development Section. The developer/property
owner shall use the standards and design criteria stated in the following conditions, and
shall comply with all applicable City of Menifee standards, specifications and ordinances.
Should a conflict arise between City of Menifee standards and design criteria, and any
other standards and design criteria, those of the City of Menifee shall prevail.
A. GENERAL CONDITIONS:
26. Tentative Parcel Map 37103 (TPM 37103) is processed under Planning
application PM 2015-177, for which these Conditions of Approval (COA) are
imposed.
27. The development shall comply with the State of California Subdivision Map Act
and all applicable City ordinances and resolutions.
28. Purpose of TPM 37103 – Tentative Parcel Map (TPM) 37103 is a proposed
subdivision of 5.03 gross acres into two parcels for financing and land
conveyance purposes only. No infrastructure improvements, building and/or
grading permits shall be constructed or issued for the two Lots created by this
parcel map.
29. Plan Check Submittals - Appropriate plan check submittal forms shall be
completed and required plan copies, necessary documents, references, fees,
deposits, etc. shall be submitted as outlined in the City approved submittal
forms. ACAD files 2010 or later are required for all final maps upon approval.
30. Capital Improvement Project. The Property Owner(s) will be required to
submit a fair share contribution for a 2-inch grind and overlay with rubberized
AC paving for the Parcel Map frontage along Newport Road if and only if the
City of Menifee has not completed this work, currently part of PMP16-01, within
two years of the approval of this Parcel Map. The fair share contribution shall
be based upon capital improvement unit costs estimated at the time of the
Newport Rehabilitation Project, PMP1601 bid.
Prior to Final Map Recordation
31. Right-of-Way Dedication. Newport Road – An Irrevocable Offer of Dedication
(IOD) shall be granted for the additional right-of-way needed to meet the Urban
Arterial – 6 Lane Divided designation (76-foot half width right-of-way) per the
City of Menifee General Plan Circulation Element, Exhibit C-2 and C-3. This
Right-of-way shall include the existing Easement for Public Roads, Drainage
and Incidental Purposes Granted to the County of Riverside, recorded
September 12, 1989, Instrument No. 89-312692. The Property Owner(s) will
not be required to design or construct any infrastructure, including but not limited
to roadway, curbs, gutters and sidewalks, related to this right-of-way dedication
as part of this Parcel Map.
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32. Right-of-Way Dedication. Bradley Road – An Irrevocable Offer of Dedication
(IOD) shall be granted for the additional right-of-way needed to meet the
Secondary – 4 Lane Undivided designation (50-foot half width right-of-way) per
the City of Menifee General Plan Circulation Element, Exhibit C-2 and C-3. The
Property Owner(s) will not be required to design or construct any infrastructure,
including but not limited to roadway, curbs, gutters and sidewalks, related to this
right-of-way dedication as part of this Parcel Map.
33. Submit Plans: Any required plans, (i.e. final map, environmental constraint
sheet and any other necessary documentation) shall be submitted to the PW
Engineering Department for review. The plans must receive PW Engineering
Department approval prior to final map recordation. All submittals shall be date-
stamped by the engineer and include a completed City Fee Worksheet with the
appropriate plan check fee deposit.
34. Bond Agreements and Improvement Security – Prior to recordation of the
final map, the developer/property owner shall post bonds or security in forms
acceptable to the City, guaranteeing survey monumentation required with the
final map. The security shall be in accordance with applicable City policies and
ordinances, and as determined by the Public Works Director/City Engineer.
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Section IV:
Riverside County Fire Department
Conditions of Approval
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General Conditions
35. West Fire Protection Planning Office Responsibility. It is the responsibility
of the recipient of these Fire Department conditions to forward them to all
interested parties. The permit number (15-MENI-PM-177) is required on all
correspondence.
Additional information is available at our website: www.rvcfire.org.
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
36. City Case Statement. The Riverside County Fire Department recommends the
following fire protection measures be provided in accordance with Riverside
County Ordinances and/or recognized fire protection standards:
a. Fire Flow. Provide or show there exists a water system capable of
delivering fire flow as required by California Fire Code and Riverside
County Fire Department standards.
b. Prior to building plan approval and construction, applicant/developer shall
furnish two copies of the water system fire hydrant plans to Fire Department
for review and approval. Plans shall be signed by a registered civil
engineer, and shall confirm hydrant type, location, spacing, and minimum
fire flow. Once plans are signed and approved by the local water authority,
the originals shall be presented to the Fire Department for review and
approval.
c. 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.
d. Blue dot reflective pavement markers shall be installed on private and
public streets and driveways to indicate location of the fire hydrant, and
shall be in accordance with Riverside County Fire Department Standard
06-11.
e. 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.
f. 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.
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g. 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.
h. 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.
i. Fire protection systems, including fire sprinkler systems, fire alarm
systems, fixed extinguishing systems, etcetera, may be required
depending on building construction and intended use per California
Building Code, California Fire Code, and Riverside County Fire Department
Standards.
j. Gate(s) 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.
k. 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.
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Section V:
Riverside County Environmental
Health Conditions of Approval
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General Conditions
37. Potable Water and Sanitary Sewer.
All parcels of the subdivision are proposing to receive potable water and sanitary
sewer from Easter Municipal Water District (EMWD)
As the agency providing sewer service, EMWD shall also have the responsibility
to implement any grease interceptor requirements, including sizing capacity and
minimum structural specifications if necessary. All existing septic systems and/or
wells shall be properly removed or abandoned under permit with Department of
Environmental Health.
Prior to any further project approval on Parcel 2, additional clearance from the
Department of Environmental Health will be required.
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END OF CONDITIONS
The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
_______________________________________________ ___________________
Signed Date
_______________________________________________ ___________________
Name (please print) Title (please print).