PC16-293Page 1 of 48
EXHIBIT “1”
Conditions of Approval for
Conditional Use Permit No. 2015-156
“All Star Super Storage”
Section I: Conditions applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Section III: Public Works and Engineering Department
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. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless
the City of Menifee and its elected city council, appointed boards, commissions,
committees, officials, employees, volunteers, contractors, consultants, and agents
from and against any and all claims, liabilities, losses, fines, penalties, and
expenses, including without limitation litigation expenses and attorney’s fees,
arising out of either the City’s approval of the Project or actions related to the
Property or the acts, omissions, or operations of the applicant/developer and its
directors, officers, members, partners, employees, agents, contractors, and
subcontractors of each person or entity comprising the applicant/developer with
respect to the ownership, planning, design, construction, and maintenance of the
Project and the Property for which the Project is being approved. In addition to the
above, within 15 days of this approval, the developer/applicant shall enter into an
indemnification agreement with the City. The indemnification agreement shall be
substantially the same as the form agreement currently on file with the City.
2. Description Planning Application Conditional Use Permit No. 2015-156 is a
proposal for the expansion of an existing self-storage facility by 225,674 square
feet. The project site consists of two contiguous parcels. The northern parcel has
an area of 8.29 acres (Parcel 1) (APN 360-350-028) and is currently developed
with the existing 190,689 square foot All Star Super Storage facility. Conditional
Use Permit No. 2015-156 includes the expansion of the storage facility onto the
southern parcel having an area of 9.77 acres (Parcel 2) (APN 360-350-029)
consisting of 15 buildings with an area of 225,674 square feet and the
redevelopment of approximately 0.08 acres of the northern parcel with
new/improved access roads, driveway entrances, and the reconfiguration of one
existing building to provide for a unified storage facility.
A Deviation is also proposed to allow for the encroachment of an ADA loading
space in the required 25-foot front yard setback and for Administrative Relief from
Sign Code standards for a proposed 56 square foot sign.
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Conditional Use Permit No. 2015-156 shall be
henceforth defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all
mean the Permittee of this project.
APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2015-
156, dated 11/15/16.
APPROVED EXHIBIT B = Elevations for Conditional Use Permit No. 2015-
156, dated 11/15/16.
APPROVED EXHIBIT C = Floor Plans for Conditional Use Permit No. 2015-
156, dated 11/15/16.
APPROVED EXHIBIT G = Conceptual Grading Plans for Conditional Use
Permit No. 2015-156, dated 11/15/16.
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APPROVED EXHIBIT L = Conceptual Landscaping and Irrigation Plan for
Conditional Use Permit No. 2015-156, dated 11/15/16.
APPROVED EXHIBIT M = Color and Materials Board for Conditional Use
Permit No. 2015-156, dated 11/15/16.
APPROVED EXHIBIT S = Sign Exhibit for Conditional Use Permit No. 2015-
156, dated 11/15/16.
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. Storage Unit Limitations. Storage units shall be designated and operated for the
storage of goods in individual compartments or rooms, which are available for use
by the general public on a rental or lease basis. In no case shall storage spaces
be used for manufacturing, retail or wholesale selling, compounding, office
functions, other business or service uses, or human habitation. Individual storage
spaces within the self-storage facility shall have a maximum gross floor area of
500 square feet. The following facilities shall not be permitted in mini-warehouses:
No, water, sanitary facilities, or electricity, with the exception of lighting
fixtures, shall be provided in individual storage units.
Prefabricated shipping containers shall not be used as mini-warehouse
facilities.
The following prohibited materials shall not be stored in mini-warehouse facilities:
Flammable or explosive matter or materials.
Matter or material which create obnoxious dust, odor, or fumes.
Hazardous or extremely hazardous waste, as defined by applicable
provisions of the Hazardous Waste Control Law (Health and Safety Code
Section 25100, et. seq.)
6. No Second Floor. No tenant improvement permit, or any other building permit,
shall be granted for any second story, second floor, mezzanine, or interior balcony
unless a conditional use permit or a revised conditional use permit is approved by
the Community Development Department pursuant to Section 18.12 of Ordinance
No. 348 in order to assure adequate parking remains within the property. Only the
existing office building shall have a second floor. All storage units shall be single
story.
7. No Subdivision. In no case shall the project site be subdivided to allow for the of
individual storage units.
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8. 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.
9. 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.
10. 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.
11. Expiration Date. This approval shall be used within two (2) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. By use
is meant the beginning of substantial construction contemplated by this approval
within two (2) year period which is thereafter diligently pursued to completion or to
the actual occupancy of existing buildings or land under the terms of the authorized
use. Prior to the expiration of the two year period, the permittee may request a one
(1) year extension of time in which to begin substantial construction or use of this
permit. Should the time period established by any of the extension of time requests
lapse, or should the one-year extension be obtained and no substantial
construction or use of this Conditional Use Permit be initiated within three (3) years
of the effective date of the issuance of this Conditional Use Permit, this Conditional
Use Permit shall become null and void. Use of the permit shall be considered
applied to the entire project site, including Phase II, even if initial use prior to
expiration only occurs within the Phase I area.
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Section II:
Community Development
Department Conditions of
Approval
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General Conditions
12. Comply with Ordinances. The development of these premises shall comply with
the standards of Riverside County Ordinance No. 348 (hereinafter Ordinance No.
348), as adopted by the City of Menifee, City of Menifee Municipal Code and all
other applicable ordinances and State and Federal codes and regulations.
The development of the premises shall conform substantially with that as shown
on APPROVED EXHIBIT A, B, C, G, L, M, and S unless otherwise amended by
these conditions of approval.
13. 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.
14. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT B and M.
15. Phases. Construction of this project may be done in three phases as represented
in the submitted Phasing Exhibit for the project. All landscaping shall be installed
in accordance with Approved Exhibit L with the construction of its corresponding
building phase and/or shall be installed within five (5) years of the start of building
construction whichever occurs first.
16. Parking. Based on the Ordinance 348, Section 18.12, parking for project is
calculated under the requirements for mini-warehouses, self-storage using a
parking ratio of 2 space/ 3 employees. The required parking spaces for the
proposed self-storage facility is 6 spaces (9 employees/3=3, 3 x 2 =6 spaces).
There are a total of 13 standard parking spaces provided, and two (2) additional
space for persons with disabilities 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 two (2) accessible parking spaces (one
existing and one proposed) 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:
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"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.
17. Signs. The approved 56 square foot sign shall be consistent with APPROVED
EXHIBIT S. Building permits for all signage shall be reviewed and approved by
the Community Development Department to confirm conformance with the
approved sign program and Menifee Municipal Code Chapter 9.76. No other
signage has been approved under this application. Any additional signage will
require subsequent review and applications.
18. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not
including on-site advertising or directional signs) shall be constructed or
maintained within the property subject to this approval.
19. Reclaimed Water. The permittee shall connect to a reclaimed water supply for
landscape watering purposes when secondary or reclaimed water is made
available to the site as required by Eastern Municipal Water District.
20. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No
storage lockers, sheds, metal container bins, or metal shipping containers
(excluding containers for recycling centers) will be allowed to be stored outside the
building unless first reviewed and approved by the Community Development
Department.
21. Hours of Construction. 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.
22. Rules for Construction Activities. The applicant shall adhere to the Best
Available Control Measures (BACMs). SCAQMD Rules that are currently
applicable during construction activity for the project include, but are not limited to:
Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403
(Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule 403
regulatory requirements that are applicable to the project are as follows:
All clearing, grading, earth-moving, or excavation activities shall cease when
winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust
emissions.
The contractor shall ensure that all disturbed unpaved roads and disturbed
areas within the project are watered at least three times daily during dry
weather. Watering, with complete coverage of disturbed areas, shall occur at
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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%.
23. 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.
ARCHEOLOGY
24. 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.
25. 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.
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iii. Grading of further ground disturbance shall not resume within the area of the
discovery until an agreement has been reached by all parties as to the
appropriate mitigation.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Treatment and Monitoring Agreements
entered into with the appropriate tribes. This may include avoidance of the
cultural resources through project design, in-place preservation of cultural
resources located in native soils and/or re-burial on the Project property so
they are not subject to further disturbance in perpetuity.
v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred
method of preservation for archaeological resources and cultural resources. If
the landowner and the Tribe(s) cannot agree on the significance or the
mitigation for the archaeological or cultural resources, these issues will be
presented to the City Community Development Director for decision. The City
Community Development Director shall make the determination based on the
provisions of the California Environmental Quality Act with respect to
archaeological resources, recommendations of the project archeologist and
shall take into account the cultural and religious principles and practices of the
Tribe. Notwithstanding any other rights available under the law, the decision of
the City Community Development Director shall be appealable to the City
Planning Commission and/or City Council.”
LANDSCAPING
26. 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).
27. 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.
28. 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.
29. Phasing of Landscaping. Phase 2 and 3 landscaping shall be installed in
accordance with Approved Exhibit L with the construction of its corresponding
building phase and/or shall be installed within five (5) years of the start of building
construction whichever occurs first.
FEES
30. 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
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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
31. Grading Plan Review. The rough and precise grading plans shall be submitted
for grading plan check approval and shall be in substantial conformance with the
site plan conceptual landscaping plans and conceptual grading plans
(APPROVED EXHIBITS A, G and L).
32. Mitigation Monitoring. The permittee shall prepare and submit a written report to
the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this Conditional Use Permit
which must be satisfied prior to the issuance of a grading permit for review and
approval. The Community Development Director may require inspection or other
monitoring to ensure such compliance.
33. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management District
(SCAQMD) Rule 403. The permittee shall include in construction contracts the
control measures required under Rule 403 at the time of development, including
the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius)
must be swept (preferably with water sweepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a 10 percent surface
soil moisture content throughout all earth moving activities. All unpaved
demolition and construction areas shall be wetted at least twice daily during
excavation and construction, and temporary dust covers shall be used to
reduce dust emissions and meet SCAQMD District Rule 403. Wetting could
reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least three
times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible dirt
deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered
at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
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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 pe3riod or more, so as to prevent
excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate means
to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
r. All materials transported off-site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction site
that identifies the permitted construction hours and provides a telephone
number to call and receive information about the construction project or to
report complaints regarding excessive fugitive dust generation. Any
reasonable complaints shall be rectified within 24 hours of their receipt.
BIOLOGICAL RESOURCES
34. Burrowing Owl. Pursuant to Objectives 5 and 6 of the Species Account for the
Burrowing Owl included in the Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP), within 30 days prior to the issuance of a grading
permit, a pre-construction presence/absence survey for the burrowing owl shall be
conducted by a qualified biologist and the results provided in writing to the
Community Development Department for review and approval. If it is determined
that the project site is occupied by the Burrowing Owl, take of “active” nests shall
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be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However,
when the Burrowing Owl is present, relocation outside of the nesting season
(March 1 through August 31) by a qualified biologist shall be required. The County
Biologist shall be consulted to determine appropriate type of relocation (active or
passive) and translocation sites. A grading permit may be issued once the species
has been relocated.
If the grading permit is not obtained within 30 days of the survey, a new survey
shall be required.
No ground disturbance, including disking, blading, grubbing or any similar activity
shall occur within the site until the burrowing owl study is reviewed and approved.
35. Nesting Bird. Birds and their nests are protected by the Migratory Bird Treaty Act
(MBTA) and California Department of Fish and Wildlife (CDFW) Codes. Since the
project supports suitable nesting bird habitat, removal of vegetation or any other
potential nesting bird habitat disturbances shall be conducted outside of the avian
nesting season (February 1st through September 15th). If habitat must be cleared
during the nesting season or disturbances occur within 500 feet, a preconstruction
nesting bird survey shall be conducted. The preconstruction nesting bird survey
must be conducted by a biologist who holds a current MOU with the County of
Riverside. If nesting activity is observed, appropriate avoidance measures shall be
adopted to avoid any potential impacts to nesting birds. The nesting bird survey
must be completed no more than 3 days prior to any ground disturbance. If ground
disturbance does not begin within 3 days of the survey date, a second survey must
be conducted. Prior to the issuance of a grading or building permit the project
proponent must provide written proof to the City of Menifee Community
Development Department that a biologist who holds a MOU with the County of
Riverside has been retained to carry out the required survey. Documentation
submitted to prove compliance prior to grading or building permit issuance must at
a minimum include the name and contact information for the Consulting Biologist
and a signed statement from them confirming that they have been contracted by
the applicant to conduct a Preconstruction Nesting Bird Survey. In some cases,
the Community Development Department may also require a Monitoring and
Avoidance Plan prior to the issuance of a grading or building permit. Prior to
finalization of a grading permit or prior to issuance of any building permits, the
projects consulting biologist shall prepare and submit a report to the Community
Development Department for review, documenting the results of the survey.
36. Biological Monitoring. Prior to grading permit issuance, a qualified biological
monitor shall be contracted to provide biological monitoring of the grading and
construction activities and to survey the site for nesting birds. A work plan shall be
submitted to the Community Development Department from the qualified biological
monitor to review and approve, that may include but not be limited to Best
Management Practices (BMPs), fencing of Open Space/Conserved Areas, and
monitoring reports. The applicant must provide evidence that the qualified biologist
has reviewed all construction plans and proposed activities to minimize impacts to
any sensitive species and habitats. The Community Development Department
may require additional documentation in the form of biological reports and/or site
visit(s) to confirm completion.
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37. Mitigation Credits/Mitigation Monitoring Program. Prior to the issuance of a
grading permit, a biologist who holds a MOU with the County of Riverside shall
submit documentation that the appropriate mitigation credits have been purchased
in accordance with the mitigation measures described in the document titled
“Determination of Biologically Equivalent or Superior Preservation Analysis”
prepared by Glenn Lukos Associates, Inc. and dated September 22, 2015. The
existing drainage will be removed and replaced with a drainage easement and
concrete trapezoidal channel. In the event that onsite mitigation is included in the
mitigation package, the biologist shall provide a Mitigation Monitoring Plan (MMP)
to the City of Menifee Community Development Department for review and
approval. The MMP shall include, but not be limited to: time lines, success criteria,
reporting standards, financial assurances, and plans for conveyance of lands to a
conservation agency for long term management.
ARCHEOLOGY
38. Archeologist Retained. Prior to issuance of a grading permit the project
applicant shall retain a Riverside County qualified archaeologist to monitor ground-
disturbing activities involving clearing and grubbing and grading in the areas of the
blue line stream, detention basin, and utility trenches in an effort to identify any
unknown archaeological resources.
The Project Archaeologist and the representative(s) from the Native American
Tribe (s) shall be included in the pre-grade meetings to provide cultural/historical
sensitivity training including the establishment of set guidelines for ground
disturbance in sensitive areas with the grading contractors. The Project
Archaeologist and the Tribal representative(s) shall manage and oversee
monitoring for ground-disturbing activities involving clearing and grubbing and
grading in the areas of the blue line stream, detention basin, and utility trenches.
The Project Archaeologist and the Tribal representative(s), shall have the authority
to temporarily divert, redirect or halt the ground disturbance activities to allow
identification, evaluation, and potential recovery of cultural resources in
coordination with any required special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract to
the Community Development Department to ensure compliance with this condition
of approval. Upon verification, the Community Development Department shall
clear this condition.
Any newly discovered cultural resources shall be subject to an evaluation, in
consultation with the Native American Tribe(s) and which will require the
development of a treatment plan and monitoring agreement for the newly
discovered resources.
39. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on-
site during ground-disturbing activities involving clearing and grubbing and grading
in the areas of the blue line stream, detention basin, and utility trenches. The
boundaries of areas to be monitored shall be determined by the grading
superintendent, the project archaeologist and the Pechanga Tribe based on
existing field conditions. The land divider/permit holder shall retain a qualified
tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of
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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.
40. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on-
site during ground-disturbing activities involving clearing and grubbing and grading
in the areas of the blue line stream, detention basin, and utility trenches. The
boundaries of areas to be monitored shall be determined by the grading
superintendent, the project archaeologist and the Soboba Tribe based on existing
field conditions. 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.
41. Non-Disclosure of Location Reburials. It is understood by all parties that unless
otherwise required by law, the site of any reburial of Native American human
remains or associated grave goods shall not be disclosed and shall not be
governed by public disclosure requirements of the California Public Records Act.
The Coroner, pursuant to the specific exemption set forth in California Government
Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public
disclosure information related to such reburial, pursuant to the specific exemption
set forth in California Government Code 6254 (r).
PALEONTOLOGY
42. 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).
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The project paleontologist retained shall review the approved development plan
and shall conduct any pre-construction work necessary to render appropriate
monitoring and mitigation requirements as appropriate. These requirements shall
be documented by the project paleontologist in a Paleontological Resource Impact
Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community
Development Department for review and approval prior to issuance of a Grading
Permit.
Information to be contained in the PRIMP, at a minimum and in addition to other
industry standard and Society of Vertebrate Paleontology standards, are as
follows:
A. The project paleontologist shall participate in a pre-construction project meeting
with development staff and construction operations to ensure an understanding of
any mitigation measures required during construction, as applicable.
B. Paleontological monitoring of earthmoving activities will be conducted on an as-
needed basis by the project paleontologist during all earthmoving activities that
may expose sensitive strata. Earthmoving activities in areas of the project area
where previously undisturbed strata will be buried but not otherwise disturbed will
not be monitored. The project paleontologist or his/her assign will have the
authority to reduce monitoring once he/she determines the probability of
encountering fossils has dropped below an acceptable level.
C. If the project paleontologist finds fossil remains, earthmoving activities will be
diverted temporarily around the fossil site until the remains have been evaluated
and recovered. Earthmoving will be allowed to proceed through the site when the
project paleontologist determines the fossils have been recovered and/or the site
mitigated to the extent necessary.
D. If fossil remains are encountered by earthmoving activities when the project
paleontologist is not onsite, these activities will be diverted around the fossil site
and the project paleontologist called to the site immediately to recover the remains.
E. If fossil remains are encountered, fossiliferous rock will be recovered from the
fossil site and processed to allow for the recovery of smaller fossil remains. Test
samples may be recovered from other sampling sites in the rock unit if appropriate.
F. Any recovered fossil remains will be prepared to the point of identification and
identified to the lowest taxonomic level possible by knowledgeable paleontologists.
The remains then will be curated (assigned and labeled with museum* repository
fossil specimen numbers and corresponding fossil site numbers, as appropriate;
places in specimen trays and, if necessary, vials with completed specimen data
cards) and catalogued, an associated specimen data 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
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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
43. 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
10.25 acres (gross) in accordance with APPROVED EXHIBIT A. If the
development is subsequently revised, this acreage amount may be modified in
order to reflect the revised development project acreage amount. In the event
Ordinance No. 663 is rescinded, this condition will no longer be applicable.
However, should Ordinance No. 663 be rescinded and superseded by a
subsequent mitigation fee ordinance, payment of the appropriate fee set forth in
that ordinance shall be required.
44. Fees. Prior to the issuance of grading permits, the Community Development
Department shall determine the status of the deposit based fees. If the fees are in
a negative status, the permit holder shall pay the outstanding balance.
Prior to Issuance of Building Permit
45. Mitigation Monitoring. The permittee shall prepare and submit a written report to
the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this Conditional Use Permit
which must be satisfied prior to the issuance of a building permit. The Community
Development Director may require inspection or other monitoring to ensure such
compliance.
46. 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
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for building permits. The building plans shall be in substantial conformance with
APPROVED EXHIBIT A, B, L, M and S.
Building and Safety will require the following items:
1. Plans shall be designed to the provisions of the 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.
47. Elevations. Elevations of all buildings and structures submitted for building plan
check approval shall be in substantial conformance with the elevations shown on
APPROVED EXHIBIT B.
If building plans are proposed that alter the elevations as shown on APPROVED
EXHIBIT B a Conditional Use Permit application pursuant to Ordinance No. 348,
Section 18.30.a.(1), or subsequent City ordinance (Conditional Use Permits 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.
Building plans submitted for Phase 1 Construction of the project shall include
façade enhancements for the east elevation of existing Building P facing the I-
215 Freeway.
As Amended by the Planning Commission on December 14, 2016
48. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
49. Fencing. Fence and wall plans shall be is substantial conformance with that shown
on APPROVED EXHIBIT A.
50. Lighting. The building plans shall show the location and types of light fixtures that
will be within the project site and on the building. Lighting fixtures shall be
decorative. Shoe-box-type lighting will not be allowed. The types of lighting fixtures
used shall be subject to Community Development Department approval. The
location of lighting shown on the building is for conceptual purposes only and may
be relocated during the building plan check.
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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.
51. 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.
52. Security Systems. Prior to the issuance of Building Permits, the applicant shall
prepare a security plan for the site. The security plan for this project shall include
a comprehensive security camera system that provides 360-degree coverage on
the outside of the buildings and clearly depicts the entire parking field, parking lot
entrances and exits, and building entrances. The applicant shall provide a
temporary security system shall be operational during construction of the project.
The permanent security camera system shall be based in one of the buildings
containing the management office for this development, or other place acceptable
to the Sheriff’s Department, that is accessible to law enforcement at all times of
the day and night or as determined by the Sherriff’s Department. This security
camera system shall have a recording capacity to minimally save footage for the
period of one month. The plan shall be approved prior to issuance of Building
Permits. The security camera system shall include a 24/7 live camera feed or other
type of system as approved by the Sheriff’s Department.
In addition, the trash enclosure shall be properly secured and have a lock as well
as a covering to keep unauthorized persons from entering the dumpster area to
dig through the trash.
The Sheriff’s Department shall verify that the security system and trash enclosure
requirements has been installed prior to final occupancy.
LANDSCAPING
53. 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.
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54. Landscape and Irrigation Plans. The permittee shall submit three (3) sets of
Final Landscaping and Irrigation Plans to the Community Development
Department for review and approval. Said plan shall be submitted to the Division
in the form of a plot plan application pursuant to Ordinance No. 348, Section
18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and
not subject to review by any governmental agency other than the Community
Development Department), along with the current fee.
The plan shall be in compliance with APPROVED EXHIBIT L, Menifee Municipal
Code Chapter 15.04 and Chapter 9.86 and the conditions of approval. 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
Conditional Use Permits shall be prepared consistent with Menifee Municipal Code
Chapter 15.04 (as adopted and any amendments thereto), the Riverside County
Guide to California Landscaping, Eastern Municipal Water District requirements
and Ordinance No. 348, Section 18.12.
Landscaping plans for areas that are totally within the road right-of-way shall be
submitted to the Engineer Department only. NOTES: The landscape plot plan may
include the requirements of any other minor plot plan required by the conditions of
approval. However, minor plot plan conditions of approval shall be cleared
individually.
The irrigation plan shall be in compliance with Section 18.12 of Ordinance No. 348,
and include a rain shut-off device which is capable of shutting down the entire
system. In addition, the plan will incorporate the use of in-line check valves, or
sprinkler heads containing check valves to prohibit low head drainage.
If the above mentioned landscaping plans do not include shading and parking
landscaping, prior to issuance of building permits, three (3) copies of a Shading,
Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by
the Community Development Department. The location, number, genus, species,
and container size of plants shall be shown. Plans shall meet all applicable
requirements of Menifee Municipal Code Chapter 15.04 and 9.86 (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.
Note on Conceptual Plans
The conceptual landscaping plans show general locations for shrubs, groundcover
and trees, but does not specify the size and each specific type of plant for all
locations. Therefore, the Planning Division may require the addition of plants,
change the space of plants, change the type of plants, or change the size of plants
on the working drawing.
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Vines. Vines shall be provided as specified on APPROVED EXHIBIT L and B.
Curb and Walkway on End Stall Planters. A six inch high curb with a twelve
(12) inch wide walkway shall be constructed along planters on end stalls adjacent
to automobile parking areas. Public parking areas shall be designed with
permanent curb, bumper, or wheel stop or similar device so that a parked vehicle
does not overhang required sidewalks, planters, or landscaped areas.
Interim Landscaping. Graded but undeveloped land included within this
Conditional Use Permit application shall be maintained in a condition so as to
prevent a dust and/or blow sand nuisance and shall be either planted with interim
landscaping or provided with other wind and water erosion control measures as
approved by the Community Development Department and the South Coast Air
Quality Management District (SCAQMD).
Enhanced Paving. The landscaping and irrigation plans shall show the location
and types of hardscape, including enhanced paving, throughout the site consistent
with APPROVED EXHIBIT A and EXHIBIT L.
Existing Storage Facility. Landscaping at the existing storage facility shall be
refurbished as part of the Phase 1 of construction. All dead or unhealthy shrubs
and ground cover shall be replaced with plant species listed on the proposed
planting legend used for the new expansion to the facility.
Crime Prevention through Environmental Design Guidelines. All plants,
landscaping and foliage shall fall within current CPTED (Crime Prevention through
Environmental Design) guidelines.
55. 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
56. 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.
57. Menifee Union School District. Impacts to the Menifee Union School District shall
be mitigated in accordance with California State law.
58. 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
59. 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
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paleontologist listed Riverside County’s Paleontology Consultant List. A deposit
for the review of the report will be required.
60. Mitigation Monitoring. The permittee shall prepare and submit a written report to
the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this Conditional Use Permit
which must be satisfied prior to the issuance of final occupancy. The Community
Development Director may require inspection or other monitoring to ensure such
compliance.
61. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on the APPROVED EXHIBIT B.
Façade enhancements proposed for the east elevation of existing Building P facing
the I-215 Freeway shall be completed as part of Phase 1 of construction for the
project.
As Amended by the Planning Commission on December 14, 2016.
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. Trash Enclosures. One (1) trash enclosure which is adequate to enclose a
minimum of two (2) bins each shall be located as shown on the APPROVED
EXHIBIT A, and shall be constructed prior to the issuance of occupancy permits.
The enclosure(s) shall be a minimum of six (6) feet in height and shall be
architecturally enhanced and made with masonry block (including masonry cap)
with landscaping screening, roof covering and a solid gate which screens the bins
from external view. Additional enclosed area for collection of recyclable materials
shall be located within, near or adjacent to each trash and rubbish disposal area.
The recycling collection area shall be a minimum of fifty percent (50%) of the area
provided for the trash/rubbish enclosure(s) or as approved by the Riverside County
Waste Management Department. All recycling bins shall be labeled with the
universal recycling symbol and with signage indicating to the users the type of
material to be deposited in each bin.
65. Lighting. Exterior lighting shall be consistent with the approved lighting plans.
66. Hardscaping. All hardscaping, including enhanced paving shall have been
installed in accordance with the approved landscaping, irrigation and shading
plans.
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67. 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.
68. 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.
69. Final Planning Inspection. The permittee shall obtain final occupancy sign-off
from the Community Development Department for each building permit issued by
scheduling a final Planning inspection prior to the final sign-off from the Building
Department. Planning staff shall verify that all pertinent conditions of approval
have been met, including compliance with the approved elevations, site plan,
parking lot layout, etc. The permittee shall have all required paving, parking, walls,
site lighting, landscaping and automatic irrigation installed and in good condition.
LANDSCAPING
70. 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?”
71. 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.
72. 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.
73. 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
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Development Director. The Community Development Director may require
additional trees, shrubs and/or groundcover as necessary, if site inspections reveal
landscape deficiencies that were not apparent during the plan review process.
FEES
74. 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.
75. 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.
76. 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: Public Works and
Engineering Department
Conditions of Approval
Page 26 of 48
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
77. Subdivision Map Act - The developer/property owner shall comply with the State
of California Subdivision Map Act.
78. Guarantee for Required Improvements - Prior to grading permit issuance,
financial security shall be provided to guarantee the construction of all required
improvements associated with each phase of construction. The Public Works
Director may require the dedication and construction of necessary utilities, streets
or other improvements outside the area of any particular map phase if the
improvements are needed for circulation, parking and access or for the welfare
and safety of future occupants of the development.
79. 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.
80. 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.
81. 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.
82. 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”. A scanned image of all final approved grading and
improvement plans on Compact Disc (CD) shall be provided to the City. ACAD
files 2004 or later are required for all final maps upon approval.
83. 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
the PW Director. Supporting City approved studies including, but not limited to,
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hydrologic and hydraulic studies and traffic studies must be provided prior to
approval of plans.
84. As-Built Plans. Upon completion of all required improvements, the
developer/property owner shall cause the civil engineer of record to as-built all
project plans, and submit project base line of work for all layers in Auto CAD DXF
format on Compact Disc (CD) to the Public Works 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.
85. 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.
86. 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 adopted Riverside County Ordinance 457, 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
87. Geotechnical Report. A geotechnical/soils report was submitted to the City and
was reviewed in conformance with the latest edition of the Riverside County
Technical Guidelines for Review of Geotechnical and Geologic Reports. Prior to
issuance of any grading permit, two copies of the City approved geotechnical/soils
report shall be submitted to the Public Works Engineering Department. The
developer/property owner shall comply with the recommendations of the report,
and City standards and specifications. All grading shall be done in conformance
with the recommendations of the report, and under the general direction of a
licensed geotechnical engineer.
88. 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.
89. 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.
90. 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.
91. 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.
92. 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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93. 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.
94. 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.
95. 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.
96. 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.
97. 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.
98. 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.
99. 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.
100. 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.
101. 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
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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
devises.
c) Pavement - Permeable pavement requires the layers of filter material
to be installed relatively flat. As such, the permeable pavement areas
should have a maximum surface gradient of 2%, or approved by the
PW Director/City Engineer.
102. 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
103. No Building Permit without Grading Permit - Prior to issuance of any building
permit, the developer/property owner shall obtain a grading permit and/or approval
to construct from the Public Works Engineering Department.
104. Final Rough Grading Conditions – Prior to issuance of each building permit, the
developer/property owner shall cause the Civil Engineer of Record and Soils
Engineer of Record for the approved grading plans, to submit signed and wet
stamped rough grade certification and compaction test reports with 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.
105. Conformance to Elevations/Geotechnical Compaction. Rough grade
elevations for all building pads and structure pads submitted for grading plan check
approval shall be in substantial conformance with the elevations shown on
approved grading plans. Compaction test certification shall be in compliance with
the approved project geotechnical/soils report.
Prior to Issuance of Certificate of Occupancy
106. 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
requesting a certificate of occupancy. The certification shall be submitted to the
Public Works Engineering Department for verification and acceptance.
107. 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.
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C. DRAINAGE
108. 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.
109. 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.
110. 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.
111. 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.
112. 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:
113. 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.
114. 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.
115. Prior Agency Approval. The proposed development outlets on-site flows to
existing Caltrans facilities. Prior to issuance of a grading permit from the City of
Menifee, the developer shall receive prior approval and necessary encroachment
permit from Caltrans for the proposed onsite drainage design and final hydrology
facilities which outlet to existing facilities.
116. Submit Drainage Easement Documents. A public drainage easement shall be
obtained from the property owners of any affected properties by the release of
concentrated or diverted storm flows from Haun Rd (a public street) as a result of
this development. Prior to issuance of a grading permit the drainage easement
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shall be submitted to the PW Engineering Department for review and approval prior
to recordation.
117. 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 10 year, 24 hour storm event in a controlled manner
to the satisfaction of the PW Engineering Department.
118. Obtain 401 and 404 Permits. Prior to issuance of a grading permit, any proposed
grading or construction that will impact a watercourse or wetland located either on-
site or on any required off-site improvement areas, the land divider shall provide
written notification to the City of Menifee Planning Department that the alteration
of any watercourse or wetland complies with the requirements of U.S. Army Corp
of Engineers Nationwide Permit Conditions, and the Regional Water Quality
Control Board Statewide Permit. The land divider shall obtain the necessary 401
and 404 Permits from the Regional Water Quality Board and the US Army Corp of
Engineers respectively; and submit copies of these permits to the City prior to
issuance of a grading permit.
119. 1601 Permit. Prior to issuance of a grading permit, any proposed grading or
construction that will impact a natural watercourse or wetland, located either on-
site or on any required off-site improvement areas, the land divider shall provide
written notification to the City of Menifee Planning Department that necessary
California Department of Fish and Game (DOFG) notification pursuant to Sections
1601/1603 of the California Fish and Game Code has taken place. When required
by the DOFG, the land divider shall obtain an "Agreement Regarding Proposed
Stream or Lake Alteration" (Section 1601/1603 Permit). Copies of any agreement
shall be submitted with the notification to the City prior to issuance of a grading
permit.
Prior to Building Permit Issuance
120. Lot Merger. The future building, per entitlement site plans, is being proposed over
an existing property line which is not acceptable per the Building Code. To address
this, the developer shall submit a lot merger application through the
PW/Engineering Department. The merger shall be approved by the Department
prior to issuance of any Building Permit for the proposed project site.
121. Submit Plans. A copy of the improvement plans, grading plans, final map,
environmental constraint sheet, BMP improvement plans, and any other necessary
documentation along with supporting hydrologic and hydraulic calculations shall
be submitted to the PW Engineering Department for review. All submittals shall be
date stamped by the engineer and include a completed City Deposit Based Fee
Worksheet and the appropriate plan check fee deposit.
122. 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.
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123. 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.
124. 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.
125. 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.
126. 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).
127. Licensed Geotech. A licensed geotechnical engineer shall perform final
determination of the foundation characteristics of soils within on-site development
areas.
D. WASTE MANAGEMENT
128. 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#mandat
ory
129. 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, prior to grading permit issuance.
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130. 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:
131. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a
building permit for each building, the applicant shall submit three (3) copies of a
Recyclables Collection and Loading Area plot plan to the City of Menifee
Engineering/Public Works Department for review and approval. The plot plan shall
show the location of and access to the collection area for recyclable materials,
along with its dimensions and construction detail, including elevation/façade,
construction materials and signage. The plot plan shall clearly indicate how the
trash and recycling enclosures shall be accessed by the hauler.
132. 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:
133. 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.
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E. TRAFFIC ENGINEERING AND STREET IMPROVEMENTS
Prior to Issuance of Building Permit
134. Signing and Striping Plan – Prior to issuance of a building permit, any necessary
signing and striping plan shall be approved by the City Traffic Engineer in
accordance with City ordinances, standards and specifications, and with the latest
edition of the CAMUTCD. Signing and striping plans may include a striped bike
lane per City General Plan requirements.
135. 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.
136. Construction Traffic Control Plan. Prior to start of any project related
construction, the developer/property owner shall submit to the Public Works
Engineering Department for review and approval, a Construction Traffic Control
Plan in compliance with all applicable City ordinances, standards and
specifications, and the latest edition of the CAMUTCD. This traffic control plan shall
address impacts from construction vehicular traffic, noise, and dust and shall
propose measures to mitigate these effects. The traffic control plan shall include a
Traffic Safety Plan for safe use of public roads right-of-way during construction.
The plan shall specify mitigation measures to address the following:
a) Dust and dirt fallout from truck loads and gets entrained onto City
roadways: (1) Biweekly street sweeping during construction activity, and
daily during all grading operations. (2) Approved BMPs shall be installed at
all approved construction entrances as part of the SWPPP.
b) Noise from construction truck traffic: Include construction time and
operation of vehicles through surrounding residential streets.
c) Traffic safety within the road right-of-way: Include temporary traffic control
measures and devices.
F. STREET STANDARDS, DEDICATIONS, AND VACATIONS
137. 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.
a. Access from Haun Road. The proposed third driveway, southern-most to
the project, does not meet current City standards in relation to minimum
driveway width or minimum driveway spacing. As a result, this driveway
shall be limited to right-in, right-out access only.
138. Soils and Pavement Report. Street pavement structural designs shall comply
with the recommendations in the City approved project soils and pavement
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investigation report, and must meet minimum City standards and specifications, as
approved by the PW Director.
139. 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.
140. 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.
141. 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.
142. Public Streetlights Service Points. All proposed public streetlights shall be
provided with necessary appurtenances and service points for power, separate
from privately owned streetlights. The developer/property owner shall coordinate
with the PW Department and with Southern California Edison 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.
143. 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
144. 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.
145. Acceptance of Public Roadway Dedication and Improvements. Onsite
easements and right-of way for public roadways shall be granted to the City of
Menifee through the final map, or other acceptable recordable instrument. Any off-
site rights-of-way required for access road(s) shall be accepted to vest title in the
name of the public if not already accepted. Any shared access roads necessary
for the adequate circulation of the proposed project, shall be dedicated for
reciprocal access by acceptable recordable instrument prior to any permit
issuance.
Haun Road shall be fully improved along the length of the proposed project
frontage. Improvements include, but are not limited to; AC paving to ultimate street
width, street lights, curb and gutter, sidewalk, parkway landscaping, signing and
striping – all of which shall meet current, minimum, City of Menifee standards and
specifications.
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146. 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).
The developer shall guarantee the construction of any missing public
improvements along the length of the proposed project frontage. Improvements
include, but are not limited to; AC paving to ultimate street width, street lights, curb
and gutter, sidewalk, parkway landscaping, signing and striping – all of which shall
meet current, minimum, City of Menifee standards and guidelines.
147. Encroachment Permits. The developer/property owner shall obtain all required
encroachment permits and clearances prior to start of any work within City, State,
or local agency right-of-way.
Prior to Issuance of Certificate of Occupancy
148. 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.
149. Completion of Street Improvements. Prior to issuance of a Certificate of
Occupancy, the following street components shall be completed:
a) Primary and alternate (secondary) access roads shall be completed and
paved to finish grade according to the limits indicated in the improvement
plans, 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
150. 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.
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151. 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.
152. 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.
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 unless otherwise approved by the Public
Works Director/City Engineer. This project is required to submit a project specific WQMP
prepared in accordance with the latest WQMP guidelines approved by the Regional Water
Quality Control Board.
153. 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.
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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.
154. Final WQMP Design Criteria. In final engineering and prior to the approval of the
final WQMP, the following information 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.
b) The final WQMP shall be designed to mitigate increased runoff to meet the
2 year, 24 hour storm. 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 Issuance of Grading Permit
155. Final Project Specific Water Quality Management Plan (Final WQMP). Prior to
issuance of a grading permit, a FINAL project specific WQMP in substantial
conformance with the approved PRELIMINARY WQMP, shall be reviewed and
approved by the Public Works Engineering Department. Final construction plans
shall incorporate all of the structural BMPs identified in the approved FINAL
WQMP. The final developed project shall implement all structural and non-
structural BMPs specified in the approved FINAL WQMP. One copy of the
approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the
Public Works Engineering Department. The FINAL WQMP submittal shall include
at the minimum the following reports/studies:
a) Hydrology/hydraulics report
b) Soils Report that includes soil infiltration capacity
156. 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.
157. WQMP Right of Entry and Maintenance Agreement. Prior to, or concurrent with
the approval of the FINAL WQMP, the developer/property owner shall record
Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable
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Right of Entry and Maintenance Agreement with the City to inform future property
owners of the requirement to perpetually implement the approved FINAL WQMP.
Prior to Issuance of Certificate of Occupancy
158. 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.
159. 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
160. 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.
161. CFD Annexation Agreement. In the event timing for this development’s schedule
prevents the developer/property owner from complying with condition of approval
for CFD annexation, the developer shall enter into a CFD annexation agreement
to allow the annexation to complete after the issuance of a building permit but prior
to issuance of a Certificate of Occupancy. The developer shall be responsible for
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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.
162. 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.
163. 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.
164. 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.
165. 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.
K. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
166. 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
167. Zone C of the RBBD. Prior to the recordation of the final map, or any phase
thereof, the project proponent shall pay fees in accordance with Zone C of the
Menifee Valley Road and Bridge Benefit District. Should the project proponent
choose to defer the time of payment, a written request shall be submitted to the
City, deferring said payment to the time of issuance of a building permit. Fees
approved for deferral shall be based upon the fee schedule in effect at the time of
issuance of the permit.
Prior to Issuance of Certificate of Occupancy
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168. 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
169. West Fire Protection Planning Office Responsibility. It is the responsibility of
the recipient of these Fire Department conditions to forward them to all interested
parties. The permit number (15-MENI-PP-156) 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.
170. City Case Statement. With respect to the conditions of approval for the
referenced project, the Fire Department requires the following fire protection
measures be provided in accordance with Riverside County Ordinance and/or
recognize fire protection standards:
171. No Hazardous Materials: Storage units shall not be used for the use, storage, or
handling of hazardous materials.
172. Fire Hydrants: Provide fire hydrants within 400 feet of all portions of all structures.
173. Fire Flow: Provide or show there exists a water system capable of delivering fire
flow as required by California Fire Code and Riverside County Fire Department
standards.
174. Water Plans: Prior to building plan approval and construction, applicant/developer
shall furnish two copies of the water system fire hydrant plans to Fire Department
for review and approval. Plans shall be signed by a registered civil engineer, and
shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans
are signed and approved by the local water authority, the originals shall be
presented to the Fire Department for review and approval.
175. Water System Prior to Permit Issuance: Prior to issuance of building permits,
the water system for fire protection must be installed and approved by the Fire
Department.
176. Fire Department Access: Fire Department apparatus access shall be provided to
within 150 feet of all portions of all buildings. Driveway loops, fire apparatus access
lanes and entrance curb radius should be designed to adequately allow access of
emergency fire vehicles. The applicant or developer shall include in the building
plans the required fire lanes and include the appropriate lane printing and/or signs.
177. Building Address Numbers: Display street numbers in a prominent location on
the address side of buildings and/or rear access if applicable. Numbers and letters
shall be a minimum of 12” in height for buildings up to 25’ in height. In complexes
with alpha designations, letter size must match numbers. All addressing must be
legible, of a contrasting color, and adequately illuminated to be visible from street
at all hours.
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178. Knox Rapid Entry System: the building shall be equipped with a Knox Rapid
Entry System. Contact the Riverside County Fire Department for further
information.
179. These conditions are preliminary; further review will occur upon receipt of 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
180. Potable Water and Sanitary Sewer. Any future projects associated with
APN:360-350-029 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 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.
181. Environmental Cleanup. Based on the information provided in the environmental
assessment documents submitted or this project and a site visit conducted y
RCDEH-ECP staff and with the provision that the information was accurate and
representative of site conditions, RCDEH-ECP concludes no further environmental
assessment is required for this project. If previously unidentified contamination or
the presence of a natural occurring hazardous material is discovered at the site,
assessment, investigation, and/or cleanup may be required.
182. Retention Basin(s) – No Vectors. Any proposed retention basin(s) shall be
constructed and maintained in a manner that prevents vector breeding and vector
nuisances.
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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)