PC16-288
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EXHIBIT “1”
Conditions of Approval for
Conditional Use Permit No. 2016-078
“Ferguson’s Wholesale Pipe and Plumbing”
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. Description Planning Application Conditional Use Permit No. 2015-157
proposes the conversion of a building currently permitted (by Riverside County in
2005) as a “private garage” to a 14,000 square foot (sq. ft.) warehouse and office
facility with outdoor storage of pipe and plumbing materials and an outdoor
gravel storage yard on a 3.86 net acre site (4.26 gross). The project includes
physical improvements to the site, such as parking lot, drive aisle, landscaping,
wall, building façade, and street improvements. There will be no retail sales to
the public at the project site; however, there may be rare instances in which a
contractor that holds an account with this business may stop by to pick up a
small number of individual parts.
The warehouse and office building was permitted by Riverside County in 2005 as
a “private garage”, but it has since been used as a pipe and plumbing warehouse
and distribution facility. A 6’-tall block wall is proposed along the west boundary
of the site and An 8’-tall block wall is proposed along the west, north, east, and
south boundaries. The site proposes two (automatic) gated entrances off of
Zeiders Road and one off of Cirilo Road.
The following signs are also proposed:
One (1) 3’ x 6’ sign affixed the exterior side of the perimeter wall located
on the south side of the northernmost driveway on Zeiders Road;
One (1) 4’ x 18’ non-illuminated, flush-mounted, painted aluminum wall
sign; and
One (1) 4’ x 14’ non-illuminated, flush-mounted, painted aluminum wall
sign.
(The condition listed above was modified by the Planning Commission at
the December 14, 2016 public hearing to better screen views of the storage
racks from Zeiders Road.)
2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless
the City of Menifee and its elected city council, appointed boards, commissions,
committees, officials, employees, volunteers, contractors, consultants, and
agents from and against any and all claims, liabilities, losses, fines, penalties,
and expenses, including without limitation litigation expenses and attorney’s fees,
arising out of either the City’s approval of the Project or actions related to the
Property or the acts, omissions, or operations of the applicant/developer and its
directors, officers, members, partners, employees, agents, contractors, and
subcontractors of each person or entity comprising the applicant/developer with
respect to the ownership, planning, design, construction, and maintenance of the
Project and the Property for which the Project is being approved. In addition to
the above, within 15 days of this approval, the developer/applicant shall enter
into an indemnification agreement with the City. The indemnification agreement
shall be substantially the same as the form agreement currently on file with the
City.
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3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. 2015-157 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 Conceptual Grading Plan for
Conditional Use Permit No. 2016-078, dated 10/11/16.
APPROVED EXHIBIT B = Elevations for Conditional Use Permit No. 2016-
078, dated 10/11/16.
APPROVED EXHIBIT C = Floor Plans for Conditional Use Permit No.
2016-078, dated 10/11/16.
APPROVED EXHIBIT L = Conceptual Landscaping Plan for Conditional
Use Permit No. 2016-078, dated 10/11/16.
APPROVED EXHIBIT M = Color and Materials Board for Conditional Use
Permit No. 2016-078, dated 10/11/16.
APPROVED EXHIBIT S = Sign Plans for Conditional Use Permit No.
2016-078, dated 10/11/16.
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
reasonable cost of the services provided. The City also will identify and fund
mitigation measure under CEQA through development impact fees. Such fees
may include but are not limited to processing fees for the costs of providing
planning services when development entitlement applications are submitted,
which fees are designed to cover the full cost of such services, and development
impact fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing districts
to cover the costs of maintenance of improvements constructed by development,
Permittee agrees to petition for formation of, annexation to or inclusion in any
such financing district and to pay the cost of such formation, annexation or
inclusion.
The permittee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
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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 the extension of time request lapse, and no substantial construction or use of
this permit be initiated within three (3) years of the effective date of the issuance
of this permit, this permit shall become null and void.
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Section II:
Community Development
Department Conditions of
Approval
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General Conditions
9. Comply with Ordinances. The development of these premises shall comply
with the standards of Riverside County Ordinance No. 348 (hereinafter
Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal
Code and all other applicable ordinances and State and Federal codes and
regulations.
The development of the premises shall conform substantially with that as shown
on APPROVED EXHIBIT A, B, C, L, M, S and P unless otherwise amended by
these conditions of approval.
10. Outside Lighting. Any outside lighting shall be hooded and directed so as not to
shine directly upon adjoining property or public rights-of-way and so as to prevent
either the spillage of lumens or reflection into the sky.
11. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT B and M.
12. Phases. Construction of this project may be done progressively in phases
provided a phasing plan is submitted with appropriate fees to the Community
Development Department and approved prior to issuance of any Building
Permits.
13. Allowable Height of Outdoor Storage. Pursuant to Menifee Municipal Code
Section 9.28.190, items and materials stored within a decorative block perimeter
wall shall not be stacked above the height of the surrounding wall (i.e., 8’).
(The condition listed above was modified by the Planning Commission at
the December 14, 2016 public hearing to better screen views of the storage
racks from Zeiders Road.)
14. Parking. Based on the Ordinance 348, Section 18.12, parking for the project is
calculated as “professional business office” and “warehouse and wholesaling”
(and utilizes a parking ratio of 1 spaces / 200 sq. ft. and 1 space / 2,000 sq. ft.,
respectively). Based on the square footage shown in the table below, the
minimum number of required parking spaces for the proposed project is thirteen
(13).
There are a total of 13 parking spaces provided, including one (1) parking space
for persons with disabilities.
Area Square
Footage Ratio Parking
Required
Parking
Provided
Office 1,455
1 space / 200
sq. ft. of office
area
7 13
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Warehouse 12,738
1 space /
2,000 sq. ft.
of gross floor
area
6
A minimum of thirteen (13) parking spaces (not including the truck loading
spaces) shall be provided as shown on the APPROVED EXHIBIT A, unless
otherwise approved by the Community Development Department and/or
Planning Commission. The parking area shall be surfaced with asphaltic
concrete, concrete, or porous paving, to current standards as approved by the
Department of Building and Safety.
ADA Parking Spaces:
A minimum of one (1) accessible parking spaces for persons with disabilities
shall be provided consistent with ADA requirements and as approved by the City
of Menifee Building and Safety Department. The location of ADA parking and
paths of travel will be finalized on the final site plan of the proposed project.
Each parking space reserved for persons with disabilities shall be identified by a
permanently affixed reflectorized sign constructed of porcelain on steel, beaded
text or equal, displaying the International Symbol of Accessibility. The sign shall
not be smaller than seventy (70) square inches in area and shall be centered at
the interior end of the parking space at a minimum height of eighty (80) inches
from the bottom of the sign to the parking space finished grade, or centered at a
minimum height of thirty-six (36) inches from the parking space finished grade,
ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each
entrance to the off-street parking facility, not less than seventeen (17) inches by
twenty-two (22) inches, clearly and conspicuously stating the following:
"Unauthorized vehicles not displaying distinguishing placards or license plates
issued for physically handicapped persons may be towed away at owner's
expense. Towed vehicles may be reclaimed at ___ or by telephoning ___."
In addition to the above requirements, the surface of each parking space shall
have a surface identification sign duplicating the symbol of accessibility in blue
paint of at least three (3) square feet in size.
15. Signs. The following signs have been approved:
(a) One (1) 3’ x 6’ sign affixed the exterior side of the perimeter wall located
on the south side of the northernmost driveway on Zeiders Road;
(b) One (1) 4’ x 18’ non-illuminated, flush-mounted, painted aluminum wall
sign; and
(c) One (1) 4’ x 14’ non-illuminated, flush-mounted, painted aluminum wall
sign; and.
Community Development Department shall confirm conformance of the signs
with the APPROVED Exhibit S. The color and material shall match APPROVED
Exhibit S and compliment the design of the proposed buildings. Any additional
signs or substantial modifications to the signage will need to be reviewed and
approved under a separate Minor Plot Plan.
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16. Completion of Conditions Prior to Operations. Pursuant to Section 18.2(a) of
Ordinance No. 348, the proposed use approved under Conditional Use Permit
No. 2016-078 shall be not be established or operated until all required conditions
(e.g., road pavement, landscaping installation, facade improvements, etc.) of this
Conditional Use Permit have been completed to the satisfaction of the City.
17. 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.
18. 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.
19. 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.
20. Exterior Noise Levels. Facility-related noise, as projected to any portion of any
surrounding property containing a "sensitive receiver, habitable dwelling,
hospital, school, library or nursing home", must not exceed the following worst-
case noise levels 45 dB(A) - 10 minute noise equivalent level ("leq"), between the
hours of 10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB (A) - 10 minute
leq, between 7:00 a.m. and 10:00 p. m. (daytime standard).
21. Noise Monitoring Reports. The permittee may be required to submit periodic
noise monitoring reports as determined by the Department of Building and Safety
as part of a code enforcement action. Upon written notice from the Department of
Building and Safety requiring such a report, the permittee or the permittee’s
successor-in-interest shall prepare and submit an approved report within thirty
(30) calendar days to the Department of Building and Safety, unless more time is
allowed through written agreement by the Department of Building and Safety.
The noise monitoring report shall be approved by the Office of Industrial Hygiene
of the Health Service Agency (the permittee or the permittee’s successor-in-
interest shall be required to place on deposit sufficient funds to cover the costs of
this approval prior to commencing the required report).
22. Hours of Construction. Pursuant to Menifee Municipal Code Section 8.01.010,
any construction within the city located within one-fourth mile from an occupied
residence shall be permitted Monday through Saturday, except nationally
recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction
permitted on Sunday or nationally recognized holidays unless approval is
obtained from the City Building Official or City Engineer.
23. Rules for Construction Activities. The applicant shall adhere to the Best
Available Control Measures (BACMs). SCAQMD Rules that are currently
applicable during construction activity for the project include, but are not limited
to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403
(Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule
403 regulatory requirements that are applicable to the project are as follows:
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All clearing, grading, earth-moving, or excavation activities shall cease when
winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust
emissions.
The contractor shall ensure that all disturbed unpaved roads and disturbed
areas within the project are watered at least three times daily during dry
weather. Watering, with complete coverage of disturbed areas, shall occur at
least three times a day, preferably in the midmorning, afternoon, and after
work is done for the day. Implementation of this measure is estimated to
reduce PM10 and PM2.5 fugitive dust emissions by approximately 61%.
The contractor shall ensure that traffic speeds on unpaved roads and project
site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5
fugitive dust haul road emissions by approximately 44%.
24. 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.
25. No Idling. To reduce diesel truck emissions, the project has been conditioned to
install signs in loading areas stating “The driver of a diesel-fueled motor vehicle
with a gross vehicle weight rating (GVWR) greater than 10,000 pounds is
prohibited from idling the vehicle's primary engine for more than five (5) minutes
at any location and may not operate a diesel fueled auxiliary power system (APS)
for more than five (5) minutes at any location within 100 feet of a restricted area
(residences). Electrical connections have been provided for your use. The
minimum penalty for an idling violation is $300.00. To report a violation please
contact 1800-END-SMOG".
26. Recreational Vehicle Parking. No overnight recreational vehicle parking or
camping will be allowed within the site.
ARCHEOLOGY
27. 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.
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28. Inadvertent Archeological Find. If during ground disturbance activities, unique
cultural resources are discovered that were not assessed by the archaeological
report(s) and/or environmental assessment conducted prior to project approval,
the following procedures shall be followed. Unique cultural resources are
defined, for this condition only, as being multiple artifacts in close association
with each other, but may include fewer artifacts if the area of the find is
determined to be of significance due to its sacred or cultural importance as
determined in consultation with the Native American Tribe(s).
i. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the developer,
the archaeologist, the tribal representative(s) and the Community
Development Director to discuss the significance of the find.
ii. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community Development
Director, as to the appropriate mitigation (documentation, recovery,
avoidance, etc.) for the cultural resources.
iii. Grading of further ground disturbance shall not resume within the area of the
discovery until an agreement has been reached by all parties as to the
appropriate mitigation.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Treatment and Monitoring
Agreements entered into with the appropriate tribes. This may include
avoidance of the cultural resources through project design, in-place
preservation of cultural resources located in native soils and/or re-burial on
the Project property so they are not subject to further disturbance in
perpetuity.
v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred
method of preservation for archaeological resources and cultural resources.
If the landowner and the Tribe(s) cannot agree on the significance or the
mitigation for the archaeological or cultural resources, these issues will be
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.”
29. 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).
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LANDSCAPING
30. 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).
31. 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.
32. 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.
33. 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.
34. Crime Prevention through Environmental Design Guidelines. All plants,
landscaping and foliage shall fall within current CPTED (Crime Prevention
through Environmental Design) guidelines.
FEES
35. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research fee),
or other such review fee as may be in effect at the time of submittal, as required
by Resolution No. 13-320 (Cost of Services Fee Study), or any successor
thereto. Each submittal shall be accompanied with a letter clearly indicating
which condition or conditions the submittal is intended to comply with.
Prior to Issuance of Grading Permit
36. 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
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daily. Site wetting must occur often enough to maintain a 10 percent surface
soil moisture content throughout all earth moving activities. All unpaved
demolition and construction areas shall be wetted at least twice daily during
excavation and construction, and temporary dust covers shall be used to
reduce dust emissions and meet SCAQMD District Rule 403. Wetting could
reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least three
times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible
dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
l. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 15 miles per hour over a 30-minute period 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;
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q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
r. All materials transported off-site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction
site that identifies the permitted construction hours and provides a telephone
number to call and receive information about the construction project or to
report complaints regarding excessive fugitive dust generation. Any
reasonable complaints shall be rectified within 24 hours of their receipt.
37. Nesting Bird Survey. If grading is to occur during the nesting season (February
15 – August 31), a nesting bird survey shall be conducted within three (3) days
prior to grading permit issuance. This survey shall be conducted by a qualified
biologist holding an MOU with Riverside County. The findings shall be submitted
to EPD for review and approval.
ARCHEOLOGY
38. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on-
site during all ground-disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder shall
retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians.
Prior to issuance of a grading permit, the developer shall submit a copy of a
signed contract between the above-mentioned Tribe and the land divider/permit
holder for the monitoring of the project to the Community Development
Department and to the Engineering Department. The Native American
Monitor(s) shall have the authority to temporarily divert, redirect or halt the
ground-disturbance activities to allow recovery of cultural resources, in
coordination with the Project Archaeologist.
The Developer shall relinquish ownership of all cultural resources, including all
archaeological artifacts that are of Native American origin, found in the project
area for proper treatment and disposition to a curational facility that meets or
exceeds Federal Curation Standards outlined in 36 CFR 79. The
Applicant/Permittee shall be responsible for all curation costs.
39. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required
on-site during all ground-disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder shall
retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians.
Prior to issuance of a grading permit, the developer shall submit a copy of a
signed contract between the above-mentioned Tribe and the land divider/permit
holder for the monitoring of the project to the Community Development
Department and to the Engineering Department. The Native American
Monitor(s) shall have the authority to temporarily divert, redirect or halt the
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ground-disturbance activities to allow recovery of cultural resources, in
coordination with the Project Archaeologist.
The Developer shall relinquish ownership of all cultural resources, including all
archaeological artifacts that are of Native American origin, found in the project
area for proper treatment and disposition to a curational facility that meets or
exceeds Federal Curation Standards outlined in 36 CFR 79. The
Applicant/Permittee shall be responsible for all curation costs.
PALEONTOLOGY
40. 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.
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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
41. 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 4.26 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.
42. Fees. Prior to the issuance of grading permits for CUP 2016-078, 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
43. Reciprocal Parking and Access Agreement. Prior to building permit issuance,
a reciprocal parking and access agreement shall be recorded to share the
parking spaces shown and to allow reciprocal access between the two subject
parcels (APNs 384-180-035 and -036).
44. Submit Building Plans. Prior to the issuance of a building permit, the permittee
shall submit building plans with the City of Menifee Building and Safety
Department for building permits. The building plans shall be in substantial
conformance with APPROVED EXHIBIT A, B, C, M, S and P. However, the
building plan set submitted for plan check approval shall include the following
changes:
a. The 6’-tall perimeter wall along Zeiders Road shall be increased in height
from 6’ to 8’.
b. The rear elevation of the building rear (east) shall include a stucco façade
(with decorative band) similar to the south elevation of the building.
Building and Safety will require the following items:
1. Plans shall be designed to the provisions of the 2016 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.
(The condition listed above was modified by the Planning Commission at
the December 14, 2016 public hearing to better screen views of the storage
racks from Zeiders Road and to enhance the rear elevation of the building.)
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45. 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 (as modified per Condition #44).
If building plans are proposed that alter the elevations as shown on APPROVED
EXHIBIT B a plot plan application pursuant to Ordinance No. 348, Section
18.30.a.(1), or subsequent City ordinance (Plot Plans not subject to the California
Environmental Quality Act and not subject to review by any governmental agency
other than the Community Development Department), along with the current fee
shall be submitted to the Community Development Department for review and
approval. If substantial modifications are proposed to the elevations, the
Community Development Director may determine that Planning Commission
review and approval is required.
46. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
47. Lighting. The building plans shall show the location and types of light fixtures
that will be within the project site and on the building. 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.
Parking lot lights shall be consistent with the sample provided and described as
APPROVED EXHIBIT P or as otherwise approved by the Community
Development Director. All parking lot lights and other outdoor lighting shall be
shown on electrical plans submitted to the Department of Building and Safety for
plan check approval and shall comply with the requirements of the City of
Menifee Ordinance No. 2009-024 and the General Plan.
48. Roof-Mounted Equipment Plans. Roof-mounted equipment shall be shielded
from ground view. All building plans shall show all roof-mounted equipment and
methods for screening and shall be submitted to the Community Development
Department for review and approval prior to Building Permit issuance. The plans
shall be approved prior to issuance of a Building Permit. Screening material shall
be subject to Community Development Department approval. Community
Development staff will verify that all roof-mounted equipment has been screened
in compliance with the approved plans prior to final occupancy.
49. Screening of Accessory Structures. Screening of trash receptacles within
trellised enclosures and encasing mechanical equipment within small structures
compatible in color and materials to the adjacent landscaping or the primary
structures shall be required and methods of screening shall be included on
building plans and/or landscaping plans.
50. 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 coverage at the driveway
entrances and within the site. This security camera system shall be based in the
warehouse buildings containing the management office for this development, or
other place acceptable to the Sheriff’s Department, that is accessible to law
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enforcement at all times of the day and night. This security camera system shall
have a recording capacity to minimally save footage for the period of one month.
The plan shall be approved prior to issuance of Building Permits. The Sheriff’s
Department shall verify that the security system and trash enclosure
requirements has been installed prior to final occupancy.
LANDSCAPING
51. 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.
52. 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) and Menifee Municipal Code Section 9.86, along with
the current fee.
The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal
Code Chapters 9.86 and 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 Chapters 9.86 and 15.04 (as
adopted and any amendments thereto), the Riverside County Guide to California
Landscaping, Eastern Municipal Water District requirements and Ordinance No.
348, Section 18.12.
Landscaping plans for areas that are totally within the road right-of-way shall be
submitted to the Engineer Department only. Slope Landscaping plans for slopes
exceeding 3 feet in height shall be submitted to the Engineering Department.
NOTES: The Landscape plot plan may include the requirements of any other
minor plot plan required by the subdivision conditions of approval. However,
minor plot plan conditions of approval shall be cleared individually.
The irrigation plan shall be in compliance with Section 18.12 of Ordinance No.
348, and include a rain shut-off device which is capable of shutting down the
entire system. In addition, the plan will incorporate the use of in-line check
valves, or sprinkler heads containing check valves to prohibit low head drainage.
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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 Chapters 9.86 and 15.04 (as adopted
and any amendments thereto), the Riverside County Guide to California Friendly
Landscaping, Eastern Municipal Water District requirements and Ordinance No.
348, Sections 18.12, and 19.300 through 19.304 and as specified herein. The
irrigation plan shall include a smart controller capable of adjusting watering
schedule based on weather data. In addition, the plan will incorporate the use of
in-line check valves, or sprinkler heads containing check valves to prohibit low
head drainage.
Curb and Walkway on End Stall Planters. A six inch high curb with a twelve (12)
inch wide walkway shall be constructed along planters on end stalls adjacent to
automobile parking areas. Public parking areas shall be designed with
permanent curb, bumper, or wheel stop or similar device so that a parked vehicle
does not overhang required sidewalks, planters, or landscaped areas.
Director Authority to Defer. The Community Development Director shall have the
authority to defer the requirement that the landscape and irrigation plans be
approved prior to building permit issuance. Any deferral of the approval of the
plans will be based on the status of the plans and severity of outstanding
corrections. However, the requirement to submit plan prior to building permit
issuance shall not be deferred.
53. Landscape Inspections. Prior to issuance of building permits, the permit holder
shall open a Landscape Deposit Based Fee case and deposit the prevailing
deposit amount to cover the pre installation, installation, Six Month, and One
Year Landscape Inspections. The amount of hours for pre installation,
installation, Six Month, and One Year Landscape Inspections is estimated to be
$5,000.
FEES
54. 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.
55. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
56. 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
57. Archeology Report - Phase III and IV. Prior to final inspection of the first
building permit associated with each phase of grading, the developer/permit
holder shall prompt the Project Archeologist to submit two (2) copies of the
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Phase III Data Recovery report (if conducted for the Project) and the Phase IV
Cultural Resources Monitoring Report that complies with the Community
Development Department's requirements for such reports. The Phase IV report
shall include evidence of the required cultural/historical sensitivity training for the
construction staff held during the pre-grade meeting. The Community
Development Department shall review the reports to determine adequate
mitigation compliance. Provided the reports are adequate, the Community
Development Department shall clear this condition. Once the report(s) are
determined to be adequate, two (2) copies shall be submitted to the Eastern
Information Center (EIC) at the University of California Riverside (UCR) and one
(1) copy shall be submitted to the Pechanga Cultural Resources Department.
58. 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.
59. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on the APPROVED EXHIBIT B (as
modified per Condition #44).
60. Walls. The alignments, heights, and elevations of all perimeter walls shall be in
substantial conformance with the elevations shown on the APPROVED EXHIBIT
A and L (as modified per Condition #44).
61. Painted Roof. Prior to final occupancy, the metal roof of the existing building
shall be painted with a similar color as what is currently existing.
62. 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.
63. 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.
64. Lighting. Exterior lighting shall be consistent with the approved lighting plans.
65. 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.
66. Security Systems. The Riverside County Sheriff Department and/or Community
Development Department shall verify that the security system has been installed
in compliance with the Riverside County Sherriff Department’s requirements prior
to final occupancy.
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67. 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, decorative paving, public plazas, etc. The permittee shall have
all required paving, parking, walls, site lighting, landscaping and automatic
irrigation installed and in good condition.
LANDSCAPING
68. 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?”
69. 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.
70. Landscape Installation. All required landscape planting and irrigation, including
but not limited to onsite, shall have been installed in accordance with approved
Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter
15.04 (as adopted and any amendments thereto), Eastern Municipal Water
District requirements and the Riverside County Guide to California Landscaping.
All landscape and irrigation components shall be in a condition acceptable to the
Community Development Department. The plants shall be healthy and free of
weeds, disease or pests. The irrigation system shall be properly constructed and
determined to be in good working order.
71. 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.
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FEES
72. Ordinance No. 659 Fee (DIF). Prior to the issuance of either a certificate of
occupancy or prior to building permit final inspection, the permittee shall comply
with the provisions of Riverside County Ordinance No. 659 (hereinafter
Ordinance No. 659), as adopted by the City which requires the payment of the
appropriate fee set forth in the Ordinance. Ordinance No. 659 has been
established to set forth policies, regulations and fees related to the funding and
construction of facilities necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance, and it establishes the authorized uses of the fees
collected.
In the event Ordinance No. 659 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 659 be rescinded and superseded by
a subsequent City mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
73. Open Space Fee (MSHCP). Prior to the issuance of a certificate of occupancy,
or upon building permit final inspection prior to use or occupancy for cases
without final inspection or certificate of occupancy (such as an SMP), whichever
comes first, the permittee shall comply with the provisions of Riverside County
Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment
of the appropriate fee set forth in the Ordinance.
In the event Ordinance No. 810 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 810 be rescinded and superseded by
a subsequent mitigation fee ordinance, payment of the appropriate fee set forth
in that ordinance shall be required.
74. Fees. Prior to issuance of occupancy/final inspections, the Community
Development Department shall determine if the deposit based fees for project
are in a negative balance. If so, any outstanding fees shall be paid by the
permittee.
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Section III:
Engineering/Transportation/
Grading Conditions of Approval
Page 25 of 46
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
75. Subdivision Map Act. The developer/property owner shall comply with the State
of California Subdivision Map Act.
76. Guarantee for Required Improvements. Prior to grading permit issuance,
financial security shall be provided to guarantee the construction of all required
improvements. 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.
77. 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.
78. 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.
79. 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.
80. Plan Check Submittal Process. Appropriate plan check submittal forms shall be
completed and submittal check list provided that includes required plan copies,
necessary studies/reports, references, fees, deposits, etc. All large format plans
shall be bulk folded to 9”x12”. All final approved grading and improvement plans
shall be provided in both pdf and shapefile format files on Compact Disc (CD). .
ACAD files 2004 or later are required for all final maps upon approval.
81. 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.
82. 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 both pdf and
Auto CAD DXF format on Compact Disc (CD) to the Public Works Engineering
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.
83. Construction Activities and Times of Operation. The developer/property
owner shall monitor, supervise, and control all construction and construction
related activities to prevent them from causing a public nuisance including, but
not limited to, strict adherence to the following:
(a) Any construction within the City limits located 1/4 of a mile from an
occupied residence shall 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 conformance
with these conditions.
(d) A Pre-Construction meeting is mandatory with the City’s Public Works
Senior Inspector prior to start of any construction activities for this site.
84. Dry Utility Installations. Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance
with City adopted Riverside County 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.
B. GRADING
All grading activities shall conform to the latest adopted edition of the California Building
Code, City Municipal Code, Chapter 8.04, applicable City design standards and
specifications, City ordinances, policies, rules and regulations governing grading in the
City.
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Prior to Grading Permit Issuance:
85. Geotechnical Report. A geotechnical/soils report shall be submitted to the City
and 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.
86. 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.
87. Erosion Control Plans. All grading plans shall require erosion control plans prior
to approval. Graded but undeveloped land 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.
88. 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 Resources 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
WDID 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.
89. 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
until construction is completed. The SWRCB considers a construction project
complete once a Notice of Termination has been issued by SWRCB.
90. SWPPP for Inactive Sites. 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 condition at all times
until construction is completed.
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91. 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 developer/property owner with the Public Works
Engineering Department.
92. 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.
93. Offsite Grading Easements. 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.
94. 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.
95. 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.
96. 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.
97. 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
landscape architect, and bonded per City adopted Riverside County Ordinance
457.
98. 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.
99. Dust Control. During actual grading, all necessary measures to control dust
shall be implemented by the developer/property owner in accordance with Air
Quality Management District (AQMD) requirements. A watering device shall be
present and in use at the project site during all grading operations.
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100. Design 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 Drains - Concrete down drains that outlet onto parking lot areas are
not allowed. Drainage that has been collected in concrete ditches or
swales should be collected into receiving underground drainage system,
or should outlet with acceptable velocity reducers into BMP devices.
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.
101. 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 Issuance:
102. No Building Permit without Grading Permit. Prior to issuance of any building
permit for any new structures or appurtenances, the developer/property owner
shall obtain a grading permit and/or approval to construct from the Public Works
Engineering Department.
103. Final Rough Grading Conditions. Prior to issuance of any building permit for
any new structures or appurtenances, the developer/property owner shall cause
the Civil Engineer of Record and Soils Engineer of Record for the approved
grading plans, to submit signed and wet stamped rough grade certification and
compaction test reports with 90% or better compaction. The certifications shall
use City approved forms, and shall be submitted to the Public Works Engineering
Department for verification and acceptance.
104. Conformance to Elevations/Geotechnical Compaction. Rough grade
elevations for all new building pads and new structure pads submitted for grading
plan check approval shall be in substantial conformance with the elevations
shown on approved grading plans. Compaction test certification shall be in
compliance with the approved project geotechnical/soils report.
Prior to Issuance of Certificate of Occupancy:
105. Final Grade Certification. The developer/property owner shall cause the Civil
Engineer of Record for the approved grading plans, to submit signed and wet
stamped final grade certification on City approved form, for each building
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requesting a certificate of occupancy. The certification shall be submitted to the
Public Works Engineering Department for verification and acceptance.
106. 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
107. 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.
108. 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.
109. 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.
110. BMP – 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
natural channel or an unmaintained facility. The dissipators shall be designed to
minimize the amount of erosion downstream of the storm drain outlet. This
condition shall also apply to proposed bioretention basin inlets.
111. 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:
112. 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.
113. 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 parcel boundaries. A copy of the written authorization
shall be submitted to the PW Engineering Department for review and approval.
114. Submit Drainage Easement Documents. A public drainage easement shall be
obtained from the affected property owners for the release of concentrated or
diverted storm flows from Zeiders Rd (a public street) onto private property for
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water quality purposes. A copy of the recorded drainage easement shall be
submitted to the PW Engineering Department for review and approval.
115. 100 YR Design Criteria. In final engineering and prior to grading permit
issuance, subsurface storage systems shall be designed with emergency
overflow inlets to mitigate flows in excess of the 100 year, 24 hour storm event in
a controlled manner to the satisfaction of the PW Engineering Department.
Prior to Building Permit Issuance:
116. 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.
117. Offsite Easements or Redesign. Offsite drainage facilities shall be located
within dedicated drainage easements obtained from the affected property
owner(s). Document(s) shall be recorded and a copy submitted to the PW
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.
118. 100 Year Drainage Facilities. All drainage facilities shall be designed to
accommodate 100-year storm flows as approved by the City of Menifee PW
Engineering Department.
119. Finish Grade. Shall be sloped to provide proper drainage away from all exterior
foundation walls. The slope shall be not less than 2% for a distance of not less
than 3 feet from any point of exterior foundation. Drainage swales shall not be
less than 1 1/2 inches deeper than the adjacent finish grade at the foundation.
120. Drainage Grade. Minimum drainage design grade shall be 1% except on
Portland cement concrete surfaces where 0.5% shall be the minimum. The Civil
Engineer of Record must submit a variance request for design grades less than
1% with a justification for a lesser grade.
121. 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).
122. Licensed Geotech. A licensed geotechnical engineer shall perform final
determination of the foundation characteristics of soils within on-site development
areas.
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D. WASTE MANAGEMENT
123. AB 341. AB 341 focuses on increased commercial waste recycling as a method
to reduce greenhouse gas (GHG) emissions. The regulation requires businesses
and organizations that generate four or more cubic yards of waste per week and
multifamily units of 5 or more, to recycle. A business shall take at least one of
the following actions in order to reuse, recycle, compost, or otherwise divert
commercial solid waste from disposal:
a) Source separate recyclable and/or compostable material from solid waste
and donate or self-haul the material to recycling facilities.
b) Subscribe to a recycling service with their waste hauler.
c) Provide recycling service to their tenants (if commercial or multi-family
complex).
d) Demonstrate compliance with the requirements of California Code of
Regulations Title 14.
For more information please visit:
www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#m
andatory
124. STATE WATER RESOURCES CONTROL BOARD RESOLUTION 2015-0019.
Amendment to the Water Quality Control Plan for ocean waters of California to
control trash and Part 1 Trash Provisions of the Water Quality Control Plan for
inland surface waters, enclosed bays and estuaries of California, shall be
adhered to with implementation measures.
125. 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:
126. 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
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elevation/façade, construction materials and signage. The plot plan shall clearly
indicate how the trash and recycling enclosures shall be accessed by the hauler.
127. 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
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.
Prior to Issuance of Certificate of Occupancy:
128. 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
Prior to Building Permit Issuance:
129. Driveway Geometrics. Final driveway geometrics may be modified in final
engineering as approved by the Public Works Director. Driveways shall meet
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.
130. 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
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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.
Prior to Issuance of Certificate of Occupancy:
131. 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) The developer/project owner shall pay 100% of the cost for 12-ft of
additional asphalt pavement and base (that cannot be constructed at this
time) past centerline of Cirilo Rd (north side) for approximately 290 ft as
required per City standards and to the satisfaction of the PW Engineering
Department.
132. 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.
F. STREET STANDARDS, DEDICATIONS, AND VACATIONS
133. 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.
134. 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.
135. 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.
136. 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.
137. 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.
138. Public Streetlights Service Points. All proposed public streetlights shall be
provided with necessary appurtenances and service points for power, separate
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from privately owned streetlights. The developer/property owner shall coordinate
with the PW Department and with Southern California Edison or appropriate
utility purveyor the assignment of addresses to streetlight service points. Service
points for proposed public streetlights shall become public and shall be located
within public right of way or within duly dedicated public easements.
139. 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.
Prior to Building Permit Issuance:
140. Onsite Overhead Lines within Dedicated ROW Boundaries. Portions of
existing right of ways (ROW) within project boundaries are proposed for vacation
with the recordation of the final map phase containing the ROW. Prior to
recordation of the final map phases 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.
141. 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 dedicated for public
right-of-way and utilities. 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.
Zeiders Rd shall be improved to ½ width per City standards or as determined by
the PW Engineering Department. Per the City of Menifee General Plan, Zeiders
Rd is classified as a major roadway (118’ RW) with class II bike lane.
Cirilo Rd shall be improved to ½ width per City standards or as determined by the
PW Engineering Department. Per the City of Menifee General Plan, Cirilo Rd is
classified as an industrial collector roadway (78’ RW). Additional improvements
to Cirilo Road may be required to accommodate truck traffic, as required by the
City Engineer.
142. 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).
143. Encroachment Permits. The developer/property owner shall obtain all required
encroachment permits and clearances prior to start of any work within City, State,
or local agency right-of-way.
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Prior to Issuance of Certificate of Occupancy:
144. Driveways and Driveway Approaches. Driveways and driveway approaches
shall be designed and constructed per City Standard 208. Prior to issuance of
Certificate of Occupancy, required driveways shall be constructed.
145. Completion of Required 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, if not already completed to serve the proposed project.
b) Storm drain facilities shall be completed according to the improvement
plans.
c) Water system, including fire hydrants, shall be installed and operational,
according to the improvement plans. All water valves shall be raised to
pavement finished grade. Written confirmation of acceptance from EMWD
is required.
d) 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 EMWD is required.
e) Landscaping and irrigation, water and electrical systems shall be installed
and operational in accordance with City adopted Riverside County
Ordinance 461 and City standards and specifications.
G. WATER, SEWER, AND RECYCLED WATER
146. Meet Minimum Standards. All water, sewer and recycled water improvements
shall be designed per the City adopted Riverside County Ordinances 460, 461
and 787; 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.
147. Utility Improvement Plans. Public Water, Sewer and Recycled Water
improvements shall be drawn on City title block for review and approval by the
City PW Department and EMWD.
148. 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, approval of
improvement plans if no map is being processed.
H. NPDES AND WQMP
All City of Menifee requirements for NPDES and Water Quality Management Plans
(WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for
Stormwater/Urban Runoff Management Program This project is required to submit a
project specific WQMP prepared in accordance with the latest WQMP guidelines
approved by the Santa Ana River Regional Water Quality Control Board.
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149. 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 following:
(a) The trash enclosure shall be lockable and locked when not in use with a
2-inch or larger brass resettable combination lock. Only employees and
staff authorized by the enclosure property owner shall be given access.
This requirement may not be applicable to commercial complexes with
multiple tenants.
(b) A waterless trap primer shall be provided to prevent escape of gasses
from the sewer line and save water.
(c) Hot and cold running water shall be provided with a connection nearby
with an approved backflow preventer. The spigot shall be protected and
located at the rear of the enclosure to prevent damage from bins.
150. Final WQMP Design Criteria. In final engineering and prior to the approval of
the final WQMP, the following shall be provided for review and approval:
a) Full bioretention basin design details including, but not limited to:
dimensions, inlet/outlet structures, elevations, side walls for structural
stability extending down to below the gravel layer, energy
dissipation/riprap, underdrain size/location, and soil media/gravel
specifications, to the satisfaction of the PW Engineering Department. The
detailed construction of all required structural BMPs shall be drawn on
standard City construction plans and incorporated as part of the grading
plan or improvement plans whichever is determined applicable by the PW
Engineering Department.
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To insure HCOC mitigation for new pavement on Cirilo Road, the project will
either:
i. intercept an equivalent amount of runoff from Zeiders Road and
mitigate HCOC in the on-site underground storage structure, or
ii. over attenuate on-site runoff to the satisfaction of the City
Engineer by demonstrating through hydraulic and hydrologic
modeling that new peak runoff for the entire new project will not
exceed 100% of the pre-project peak runoff.
b) The final WQMP shall be designed following the Low Impact
Development (LID) BMP Handbook developed for the Santa Ana River
Watershed in conjunction with the Riverside County WQMP approved by
the SAR Regional Board. Hydromodification analysis shall clearly show
that the proposed system has adequate flow control and storage required
to meet all HCOC mitigation criteria.
c) Operation and Maintenance Plan must be provided including detailed
information on public maintenance requirements of both onsite and offsite
systems, pump system, subsurface storage, permeable pavement,
bioretention basins, and all related structural and nonstructural
educational materials.
Prior to Grading Permit Issuance:
151. Final Project Specific Water Quality Management Plan (Final WQMP). Prior
to issuance of a grading permit, a FINAL project specific WQMP in substantial
conformance with the approved PRELIMINARY WQMP, shall be reviewed and
approved by the Public Works Engineering Department. Final construction plans
shall incorporate all of the structural BMPs identified in the approved FINAL
WQMP. The final developed project shall implement all structural and non-
structural BMPs specified in the approved FINAL WQMP. One copy of the
approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the
Public Works Engineering Department. The FINAL WQMP submittal shall include
at the minimum the following City approved reports/studies:
a) Hydrology/hydraulics report
b) Soils Report that includes soil infiltration capacity
152. 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.
153. 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) that addresses the
implementation and maintenance of proposed WQMP BMPs, or enter into an
acceptable Right of Entry and Maintenance Agreement with the City to inform
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future property owners of the requirement to perpetually implement the approved
FINAL WQMP.
Prior to Issuance of Certificate of Occupancy:
154. 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 owners/occupants. 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.
155. WQMP/BMP 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) -
NPDES Section by accessing the District's website at
www.floodcontrol.co.riverside.ca.us.
I. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-
2
Prior to Building Permit Issuance:
156. Annexation to the Citywide Community Facilities District (CFD) 2015-2. Prior
to 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 costs associated with
the annexation of the proposed development in the citywide CFD.
157. 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
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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 prior to final
map recordation.
158. 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 plan for
review and approval by the PW Engineering Department. The plans may be
prepared 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 may be required for review and approval by
the PW Engineering Department prior to issuance of a grading permit.
159. 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.
160. CFD Landscape Guidelines and Improvement Plans. All landscape
improvements for maintenance by the CFD shall be designed and installed in
accordance with City CFD Landscape Guidelines, and shall be drawn on a
separate improvement plan on City title block. The landscape improvement plans
shall be reviewed and approved by the PW Engineering Department prior to
issuance of a construction permit.
161. 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.
J. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
162. 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:
163. 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
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approved for deferral shall be based upon the fee schedule in effect at the time of
issuance of the permit.
Prior to Issuance of Certificate of Occupancy:
164. 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
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General Conditions
165. 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 16-MENI-CUP-078) 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
166. 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.
167. Fire Department Access. Provide minimum 20 foot fire lanes at all portions of
the building – east side of building shows only 14 feet.
168. Fire Hydrants. Provide fire hydrants within 400 feet of all portions of all
structures – indicate locations of fire hydrants.
169. Knox Rapid Entry System. Buildings and gates shall be equipped with a Knox
Rapid Entry System – indicate that gates will be provided with Knox system.
These corrections are preliminary; further review will occur upon receipt of
subsequent plan submittals and building plans. Additional conditions may be
necessary at that time.
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Section V:
Riverside County Environmental
Health Conditions of Approval
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General Conditions
170. Potable Water and Sanitary Sewer. A “General Condition” shall be placed on
all project(s) indicating that any future projects associated with the above
Assessor’s Parcel Number are proposing to receive potable water and sanitary
sewer service from Eastern Municipal Water District (EMWD).
As the agency providing sewer service, EMWD shall also have the responsibility
to implement any grease interceptor/clarifier requirements, including sizing
capacity and other structural specifications if necessary. All existing septic
systems and/or wells shall be properly removed or abandoned under permit with
DEH.
171. Environmental Cleanup Programs (RCDEH-ECP). The Environmental
Cleanup Program (ECP) has reviewed the environmental site assessment report
submitted for this project. Based on the information provided in the report and
with the provision that the information was accurate and representative of site
conditions, the ECP concludes no further environmental assessment is required
for this project.
If contamination or the presence of a naturally occurring hazardous material is
discovered at the site, assessment, investigation, and/or cleanup may be
required. Contact Riverside County Environmental Health - Environmental
Cleanup Programs at (951) 955-8980, for further information.
Prior to Building Permit Issuance
172. First Release Letter. Prior to building permit issuance, the applicant must
obtain clearance from the Land Use Program of Environmental Health. Submit a
“First Release Letter” that shows that the appropriate services are provided to the
site. Review of this document will be subject to fees.
Prior to Final Inspection
173. Hazardous Materials Management Branch (HMMB). Prior to building permit
final, the owner or operator of any business that handles or stores any hazardous
material/waste equal to or above the threshold quantities; 55 gallons of a liquid,
200 cubic feet of a gas, 500 pounds of a solid, and/or radioactive materials
(where an emergency plan is required by Federal Law), and/or extremely
hazardous substances, shall contact the Department of Environmental Health
Hazardous Materials Management Branch at (951)358-5055 for requirements.
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The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
_______________________________________________ ___________________
Signed Date
_______________________________________________ ___________________
Name (please print) Title (please print)