PC17-350Page 1 of 53
EXHIBIT “1”
Conditions of Approval for
Plot Plan No. 2017-021, Conditional Use Permit No. 2017-
277 and Administrative Relief No. 2017-276
“Newport Towne Square II”
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
Section VI: Riverside County Flood Control and Water
Conservation District
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Section I:
Conditions Applicable to all
Departments
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General Conditions
1. Description. Planning Application Plot Plan No. 2017-021 proposes the
construction and operation of a commercial center anchored by a 29,536-sq. ft.
Smart and Final Market (Major A) on an approximately 5.36 acre site. The center
will also include a 17,000-sq. ft. retail building (Major B) and a pad for an 8,700-
sq. ft. sit down restaurant (Pad 1). The proposal also includes revisions to the
previously approved Newport Towne Square Sign Program. Conditional Use
Permit No. 2017-277 proposes to allow the 17,000 sq. ft. Major B building to
operate as a gym/health club. Administrative Relief No. 2017-276 proposes to
allow the sign program included with Plot Plan No. 2017-021 to exceed the sign
standards of Menifee Municipal Code Chapter 9.76 to: 1. allow the overall height
of the proposed Monument Sign C to exceed the allowable maximum height of
eight (8) feet; 2. allow the overall size of the proposed Monument Sign C to exceed
the allowable maximum size of 32 square feet; 3. allow the overall number of
tenants on each sign face to exceed a maximum of four (4) tenants and, 4. exceed
the maximum number of allowable monument signs on any one (1) street frontage
as the project proposes to have a total of two (2) monument signs along Haun
Road.
2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless
the City of Menifee and its elected city council, appointed boards, commissions,
committees, officials, employees, volunteers, contractors, consultants, and agents
from and against any and all claims, liabilities, losses, fines, penalties, and
expenses, including without limitation litigation expenses and attorney’s fees,
arising out of either the City’s approval of the Project or actions related to the
Property or the acts, omissions, or operation 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.
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. 2017-021 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 Plot Plan No. 2017-021, dated
7/14/17.
APPROVED EXHIBIT B = Elevations for Plot Plan No. 2017-021, dated
7/14/17.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2017-021, dated
8/10/17.
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APPROVED EXHIBIT G = Conceptual Grading Plan for Plot Plan No. 2017-
021, dated 7/14/17.
APPROVED EXHIBIT L = Conceptual Landscaping Plan for Plot Plan No.
2017-021, dated 7/14/17.
APPROVED EXHIBIT M = Color and Material Board for Plot Plan No. 2017-
021, dated 8/10/17.
APPROVED EXHIBIT S = Master Sign Program for Plot Plan No. 2017-021,
dated 7/14/17.
APPROVED EXHIBIT T = Trash Enclosures for Plot Plan No. 2017-021,
dated 6/6/17.
APPROVED EXHIBIT U = Conceptual Utility Plan for Plot Plan No. 2017-
021, dated 7/14/17.
4. 90 Days. The permittee has ninety (90) days from the date of approval of these
conditions to protest, in accordance with the procedures set forth in Government
Code Section 66020, the imposition of any and all fees, dedications, reservations
and/or other exactions imposed on this project as a result of this approval or
conditional approval of this project.
5. City of Menifee. The City of Menifee is a new City, incorporated on October 1,
2008; the City is studying and adopting its own ordinances, regulations,
procedures, processing and development impact fee structure. In the future the
City of Menifee will identify and put in place various processing fees to cover the
reasonable cost of the services provided. The City also will identify and fund
mitigation measure under CEQA through development impact fees. Such fees
may include but are not limited to processing fees for the costs of providing
planning services when development entitlement applications are submitted,
which fees are designed to cover the full cost of such services, and development
impact fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing districts to
cover the costs of maintenance of improvements constructed by development,
Permittee agrees to petition for formation of, annexation to or inclusion in any such
financing district and to pay the cost of such formation, annexation or inclusion.
The permittee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
6. Revocation. In the event the use hereby permitted under this permit, a) is found
to be in violation of the terms and conditions of this permit, b) is found to have been
obtained by fraud or perjured testimony, or c) is found to be detrimental to the
public health, safety or general welfare, or is a public nuisance, this permit shall
be subject to the revocation procedures.
7. Business Registration. Every person conducting a business within the City of
Menifee shall obtain a business license, as required by the Menifee Municipal
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Code. For more information regarding business registration, contact the City of
Menifee.
8. Prohibited Uses-Airport Land Use Commission. The following uses shall be
prohibited:
a. Any use which would direct a steady light or flashing light of red, white,
green, or amber colors associated with airport operations toward an aircraft
engaged in an initial straight climb following takeoff or toward an aircraft
engaged in a straight final approach toward a landing at an airport, other
than FAA-approved navigational signal light or visual approach slope
indicator.
b. Any use which would cause sunlight to be reflected towards an aircraft
engaged in an initial straight climb following takeoff or towards an aircraft
engaged in a straight final approach towards a landing at an airport.
c. Any use which would generate smoke or water vapor or which would attract
large concentrations of birds, or which may otherwise affect safe air
navigation within the area. (Such uses include landscaping utilizing water
features, aquaculture, production of cereal grains, sunflower, and row
crops, composting operations, trash transfer stations that are open on one
or more sides, recycling centers containing, putrescible wastes,
construction and demolition debris centers, fly ash disposal, and
incinerators.)
d. Any use which would generate electrical interference that may be
detrimental to the operation of aircraft and/or aircraft instrumentation.
9. Notice of Airport in Vicinity. The Notice of Airport in the Vicinity shall be provided
to all potential purchasers of the property and tenants/lessees of the proposed
restaurant building. (The other proposed buildings are located outside the Airport
Influence Area.)
10. Airport – Basin Requirements. All new aboveground detention basins on the site
shall be designed so as to provide for a maximum 48-hour detention period
following the conclusion of the storm event for the design storm (may be less, but
not more), and to remain totally dry between rainfalls. Vegetation in and around
the detention basins that would provide food or cover for bird species that would
be incompatible with airport operations shall not be utilized in project landscaping.
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 one
(1) of up to three (3) one (1) year extensions of time in which to begin substantial
construction or use of this permit. Should the time period established by any of the
extension of time requests lapse, or should all three one-year extensions be
obtained and no substantial construction or use of this plot plan be initiated within
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five (5) years of the effective date of the issuance of this plot plan, this plot plan
shall become null and void.
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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, S, T and U 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. Parking. Based on the Ordinance 348, Section 18.12, parking for “general retail;
including but not limited to, neighborhood, community and regional shopping
centers, including those with restaurants” is calculated on the following ratio: five
and one half (5 ½) spaces per 1,000 square feet of net leasable floor area.
Use Type
Square
Footage Ratio
Required
Spaces
Parking
Provided
general retail;
including but not
limited to,
neighborhood,
community and
regional shopping
centers, including
those with
restaurants offices
55,236
(Phase II
proposed)
12,233
(Phase I
existing)
5 ½ spaces /
1000 SF of net
leasable floor
area
371 383
The proposed project will provide a total of 244 new parking spaces (Phase II).
When added to the parking totals for the existing developed parcels to the south
of the subject site, the total number of parking spaces required (including the
developed parcels to the south and the proposed project) will be three hundred
and seventy-one (371) spaces. The overall project will include three-hundred and
eighty-three (383) parking spaces.
A minimum of three hundred and eighty-three (383) parking spaces shall be
provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by
the Community Development Department and/or Planning Commission. The
parking area shall be surfaced with asphaltic concrete, concrete, or porous paving,
to current standards as approved by the Department of Building and Safety.
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ADA Parking Spaces:
A minimum of nine (9) accessible parking spaces for persons with disabilities shall
be provided for Phase II, 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 36 inches from the parking space finished grade, ground, or
sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to
the off-street parking facility, not less than seventeen (17) inches by twenty-two
(22) inches, clearly and conspicuously stating the following:
"Unauthorized vehicles not displaying distinguishing placards or license plates
issued for physically handicapped persons may be towed away at owner's
expense. Towed vehicles may be reclaimed at ___ or by telephoning ___."
In addition to the above requirements, the surface of each parking space shall have
a surface identification sign duplicating the symbol of accessibility in blue paint of
at least three (3) square feet in size.
Bicycle Racks:
Bicycle racks with a minimum of twelve (12) spaces shall be provided as shown
on APPROVED EXHIBIT A to facilitate bicycle access to the project area. The
bicycle racks shall be shown on project landscaping and improvement plans
submitted for Community Development Department approval, and shall be
installed in accordance with those plans.
16. 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.
17. Phases. Construction of this project may be done progressively in phases
provided a phasing plan is submitted with appropriate fees to the Community
Development Department and approved prior to issuance of any Building Permits.
18. Signage. Signage that is not in conformance with the approved master sign
program for Newport Towne Square and the associated Administrative Relief No.
2017-276 shall require the submittal of a Sign Application for review of revisions
to the sign program.
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.
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20. No Permanent Occupancy. No permanent occupancy shall be permitted within
the property approved under this plot plan as a principal place of residence. No
person shall be entitled to vote using an address within the premises as a place of
residence.
21. No Outdoor Storage. No outdoor storage is allowed within the site. No storage
lockers, sheds, metal container bins, or metal shipping containers will be allowed
to be kept onsite unless reviewed and approved by the Community Development
Department.
22. 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.
23. Rules for Construction Activities. The applicant shall adhere to the Best
Available Control Measures (BACMs). SCAQMD Rules that are currently
applicable during construction activity for the project include, but are not limited to:
Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403
(Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule 403
regulatory requirements that are applicable to the project are as follows:
All clearing, grading, earth-moving, or excavation activities shall cease when
winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust
emissions.
The contractor shall ensure that all disturbed unpaved roads and disturbed
areas within the project are watered at least three times daily during dry
weather. Watering, with complete coverage of disturbed areas, shall occur at
least three times a day, preferably in the midmorning, afternoon, and after work
is done for the day. Implementation of this measure is estimated to reduce
PM10 and PM2.5 fugitive dust emissions by approximately 61%.
The contractor shall ensure that traffic speeds on unpaved roads and project
site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5
fugitive dust haul road emissions by approximately 44%.
24. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402
which prohibits a person from discharging any source quantities of air
contaminants or other material which cause injury, nuisance, or annoyance to any
considerable number of persons or to the public.
25. Licensing. At all times during the conduct of any sale or serving of alcoholic
beverages, the permittee shall maintain and keep in effect valid licensing approval
from the Department of Alcohol Beverage Control, or equivalent agency as
provided by law. Should such licensing be denied, expire or lapse at any time in
the future, this permit shall become null and void.
26. Truck Loading Activities. Truck loading activities for Majors A and B and Pad 1
shall occur in the designated loading areas as shown on APPROVED EXHIBIT A.
Truck loading activities for shall be scheduled so as not to obstruct vehicle
movement into and within the site or significantly reduce the amount of available
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parking. Truck loading shall not occur within the main entry driveways as shown
on APPROVED EXHIBIT A.
ARCHEOLOGY
27. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin. Further,
pursuant to Public Resource Code Section 5097.98(b) remains shall be left in
place and free from disturbance until a final decision as to the treatment and
disposition has been made. If the Riverside County Coroner determines the
remains to be Native American, the Native American Heritage Commission shall
be contacted within the period specified by law (24 hours). Subsequently, the
Native American Heritage Commission shall identify the "most likely descendant."
The most likely descendant shall then make recommendations and engage in
consultation concerning the treatment of the remains as provided in Public
Resources Code Section 5097.98. Human remains from other ethnic/cultural
groups with recognized historical associations to the project area shall also be
subject to consultation between appropriate representatives from that group and
the Community Development Director.
28. Inadvertent Archeological Find. If during ground disturbance activities, unique
cultural resources are discovered that were not assessed by the archaeological
report(s) and/or environmental assessment conducted prior to project approval,
the following procedures shall be followed. Unique cultural resources are defined,
for this condition only, as being multiple artifacts in close association with each
other, but may include fewer artifacts if the area of the find is determined to be of
significance due to its sacred or cultural importance as determined in consultation
with the Native American Tribe(s).
i. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the developer,
the archaeologist, the tribal representative(s) and the Community
Development Director to discuss the significance of the find.
ii. At the meeting, the significance of the discoveries shall be discussed and after
consultation with the tribal representative(s) and the archaeologist, a decision
shall be made, with the concurrence of the Community Development Director,
as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for
the cultural resources.
iii. Grading of further ground disturbance shall not resume within the area of the
discovery until an agreement has been reached by all parties as to the
appropriate mitigation.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Treatment and Monitoring Agreements
entered into with the appropriate tribes. This may include avoidance of the
cultural resources through project design, in-place preservation of cultural
resources located in native soils and/or re-burial on the Project property so
they are not subject to further disturbance in perpetuity.
v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred
method of preservation for archaeological resources and cultural resources. If
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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.”
PALEONTOLOGY
29. Inadvertent Paleontological Find. In the event that fossils or fossil-bearing
deposits are discovered during construction, excavations within fifty (50) feet of
the find shall be temporarily halted or diverted. The contractor shall notify a
qualified paleontologist to examine the discovery. The paleontologist shall
document the discovery as needed in accordance with Society of Vertebrate
Paleontology standards, evaluate the potential resource, and assess the
significance of the find under the criteria set forth in CEQA Guidelines Section
15064.5. The paleontologist shall notify the Community Development Department
to determine procedures that would be followed before construction is allowed to
resume at the location of the find. If in consultation with the paleontologist, the
Project proponent determines that avoidance is not feasible, the paleontologist
shall prepare an excavation plan for mitigating the effect of the Project on the
qualities that make the resource important. The plan shall be submitted to the
Community Development Department for review and approval and the Project
proponent shall implement the approval plan.
LANDSCAPING
30. Interim Landscaping. Graded but undeveloped land shall be maintained in a
condition so as to prevent a dust and/or blow sand nuisance and shall be either
planted with interim landscaping or provided with other wind and water erosion
control measures as approved by the Community Development Department and
the South Coast Air Quality Management District (SCAQMD).
31. Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition throughout the life of this permit. To ensure
that this occurs, the Community Development Department shall require
inspections in accordance with the prior to building permit issuance landscaping
install and inspected condition.
32. Landscape Plans. All landscaping plans shall be prepared in accordance with the
City’s Water Efficient Landscape Ordinance. Such plans shall be reviewed and
approved by the Community Development Department, and the appropriate
maintenance authority.
33. Maintenance of Landscaping. All private landscaping shall be maintained by a
property owners association or individual property owner. All landscaping, and
similar improvements not properly maintained by a property owners association or
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individual property owners must be annexed into a Lighting and Landscape
District, or other mechanism as determined by the City of Menifee.
FEES
34. Subsequent Submittals. Any subsequent submittals required by these conditions
of approval, including but not limited to grading plan, building plan or mitigation
monitoring review, shall be reviewed on an hourly basis (research fee), or other
such review fee as may be in effect at the time of submittal, as required by
Resolution No. 13-320 (Cost of Services Fee Study), or any successor thereto.
Each submittal shall be accompanied with a letter clearly indicating which condition
or conditions the submittal is intended to comply with.
Prior to Issuance of Grading Permit
35. Grading Plan Review. The precise grading plans shall be submitted for grading
plan check approval and shall be in substantial conformance with the site plan,
landscaping plans and conceptual grading plans (APPROVED EXHIBITS A, G and
L).
36. Mitigation Monitoring. The permittee shall prepare and submit a written report to
the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this Plot Plan which must be
satisfied prior to the issuance of a grading permit for review and approval. The
Community Development Director may require inspection or other monitoring to
ensure such compliance.
37. 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 weepers) 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;
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e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
l. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 15 miles per hour over a 30-minute period or more, so as to prevent
excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate means
to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
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.
38. Construction Noise. The project developer shall implement noise mitigation
measures during grading.
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a. During all Project site excavation and grading, all construction equipment, fixed
or mobile, shall be equipped with properly operating and maintained mufflers,
consistent with the manufactures’ standards.
b. All stationary construction equipment shall be placed so that noise is directed
away from the nearest sensitive receptor.
c. During construction, equipment staging areas shall be located in areas that will
create the greatest distance between construction-related noise sources and
noise sensitive receptors.
d. Haul truck deliveries shall be limited to the hours of 7:00 am and 7:00 pm,
unless otherwise restricted by City staff.
39. Re-Alignment of New Hub Drive Driveway. Prior to the issuance of any grading
permits associated with this project, the permittee shall provide a revised site plan
to the Community Development Department showing the re-alignment of the new
driveway along New Hub Drive. The driveway shall be realigned in such a manner
that it will properly align with the drive aisle located on the eastern side of the Major
B building. The revised alignment of the driveway shall also be reflected on the
City approved grading plan for the project.
Added per Planning Commission Hearing on September 27, 2017
40. Smoother Turning Movements. Prior to the issuance of any grading permits
associated with this project, the permittee shall provide a revised site plan to the
Community Development Department showing the re-configuration of the hard
corner along the western edge of the America’s Tire site. The hard corner shall be
re-configured into a curved/rounded design in order to allow for smoother turning
movements at that location. The re-configuration shall also be reflected on the City
approved grading plan for the project.
Added per Planning Commission Hearing on September 27, 2017
41. Stop Sign Controls at the Interior Intersection of Easterly Newport Road
Entrance and America’s Tire (Southwest Corner). Prior to the issuance of any
grading permits associated with this project, the permittee shall provide a revised
site plan to the Community Development Department showing the east-west
movement as stop controlled, and the north-south movement as free flowing. The
stop control signage shall be on the City approved grading plan for the project.
42. 30-Day Burrowing Owl Pre-Construction Survey. Pursuant to Objectives 6 & 7
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 who holds a
Memorandum of Understanding with the County. The survey results shall be
provided in writing to the Environmental Programs Division. If the grading permit
is not obtained within 30 days of the survey, a new survey shall be required.
If it is determined that the project site is occupied by the Burrowing Owl, take of
“active” nests shall be avoided pursuant to the MSHCP and the Migratory Bird
Treaty Act.
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Burrowing Owl relocation shall only be allowed to take place outside of the
burrowing owl nesting season (nesting season is March 1 through August 31) and
is required to be performed by a qualified biologist familiar with relocation methods.
The County Environmental Programs Department shall be consulted to determine
appropriate type of relocation (active or passive) and potential translocation sites.
Burrowing Owl Protection and Relocation Plans and Biological Monitoring Plans
are required to be reviewed and approved by the California Department of Fish
and Wildlife. If ground disturbance does not occur within 30-days of the survey,
then an update to the pre-construction survey will be required.
ARCHEOLOGY
43. Archeologist Retained. Prior to issuance of a grading permit the project applicant
shall retain a Riverside County qualified archaeologist to monitor all ground
disturbing activities in an effort to identify any unknown archaeological resources.
The Project Archaeologist and the representative(s) from the Native American
Tribe (s) shall be included in the pre-grade meetings to provide cultural/historical
sensitivity training including the establishment of set guidelines for ground
disturbance in sensitive areas with the grading contractors. The Project
Archaeologist and the Tribal representative(s) shall manage and oversee
monitoring for all initial ground disturbing activities and excavation of each portion
of the project site including clearing, grubbing, tree removals, mass or rough
grading, trenching, stockpiling of materials, rock crushing, structure demolition and
etc. The Project Archaeologist and the 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.
44. Native American Monitoring - Pechanga. Tribal monitor(s) shall be required on-
site during all ground-disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder shall
retain a qualified tribal monitor(s) from the Pechanga Band of Mission
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.
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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.
45. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on-
site during all ground-disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder shall
retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior
to issuance of a grading permit, the developer shall submit a copy of a signed
contract between the above-mentioned Tribe and the land divider/permit holder for
the monitoring of the project to the Community Development Department and to
the Engineering Department. The Native American Monitor(s) shall have the
authority to temporarily divert, redirect or halt the ground-disturbance activities to
allow recovery of cultural resources, in coordination with the Project Archaeologist.
The Developer shall relinquish ownership of all cultural resources, including all
archaeological artifacts that are of Native American origin, found in the project area
for proper treatment and disposition to a curational facility that meets or exceeds
Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall
be responsible for all curation costs.
46. 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
47. Paleontologist Required. This site is mapped as having a high potential for
paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO
ISSUANCE OF GRADING PERMITS:
The permittee shall retain a qualified paleontologist approved by the City of
Menifee to create and implement a project-specific plan for monitoring site
grading/earthmoving activities (project paleontologist).
The project paleontologist retained shall review the approved development plan
and shall conduct any pre-construction work necessary to render appropriate
monitoring and mitigation requirements as appropriate. These requirements shall
be documented by the project paleontologist in a Paleontological Resource Impact
Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community
Development Department for review and approval prior to issuance of a Grading
Permit.
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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
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.
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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
48. Fees. Prior to the issuance of grading permit, the Community Development
Department shall determine the status of the deposit based fees. If the fees are
in a negative status, the permit holder shall pay the outstanding balance.
Prior to Issuance of Building Permit
49. Mitigation Monitoring. The permittee shall prepare and submit a written report to
the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this Plot Plan which must be
satisfied prior to the issuance of a building permit. The Community Development
Director may require inspection or other monitoring to ensure such compliance.
50. Submit Building Plans. Prior to the issuance of a building permit, the permittee
shall submit building plans with the City of Menifee Building and Safety Department
for building permits. The building plans shall be in substantial conformance with
APPROVED EXHIBIT A, B, C, G, L, M, S, T and U.
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 Menifee Municipal Code Chapter 6.01,
“Dark Sky; Light Pollution”.
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.
51. Pad I Minor Plot Plan Review. Prior to the issuance of any building permits for
the sit down restaurant (Pad 1), the permittee shall submit a Minor Plot Plan
application to the Community Development Department for the review and
approval of the floor plans and elevations for Pad 1.
52. Major B-North Elevation Enhancement. Prior to the issuance of any building
permits for Major B, the permittee shall submit building plans to the Building and
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Safety Department for the review and approval of additional stone veneer
enhancements along the northern elevation of the building (rear of the building
facing New Hub Drive). The stone veneer shall be consistent with the stone
currently used for the Majors building as shown on Approved Exhibit B.
Added per Planning Commission Hearing on September 27, 2017
53. New Hub Drive Trash Enclosure Trellis. Prior to the issuance of any building
permits for the trash enclosure located in the northern portion of the site along New
Hub Drive (directly behind Major B), the permittee shall submit building plans to
the Building and Safety Department for the review and approval of a decorative
trellis along the rear wall of the trash enclosure. The design of the decorative trellis
shall be consistent with the trellis design approved for the Majors building as
shown on the Approved Exhibit B.
Added per Planning Commission Hearing on September 27, 2017
54. 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.
55. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
56. Security Systems. Prior to the issuance of Building Permits, the applicant shall
prepare a security plan for the site. The security plan for this project shall include
a comprehensive security camera system that clearly depicts the entire parking
field, parking lot entrances and exits, and building entrances. This security camera
system shall be based in one of the buildings containing the management office
for this development, or inside a security office located within one of the retail
buildings or other place acceptable to the Sherriff’s Department, that is accessible
to law enforcement at all times of the day and night. This security camera system
shall have a recording capacity to minimally save footage for the period of one
month. The plan shall be approved prior to issuance of Building Permits.
57. 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.
Parking lot lights shall be consistent with the sample provided and described as
APPROVED EXHIBIT M. All parking lot lights and other outdoor lighting shall be
shown on electrical plans and submitted to the Department of Building and Safety
for plan check approval and shall comply with the requirements of the Menifee
Municipal Code Chapter No. 6.01 and the General Plan.
58. Outdoor Lighting. Any new outdoor lighting that is installed shall be hooded or
shielded so as to prevent either the spillage of lumens or reflection into the sky.
Outdoor lighting shall be downward facing.
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59. Dark Sky Ordinance. 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
Municipal Code Chapter 6.01 and the General Plan.
60. Roof-Mounted Equipment Plans. All roof mounted equipment shall be screened.
The building plans shall be consistent with APPROVED EXHIBIT B regarding
materials and methods for screening. Planning staff will verify that all roof-mounted
equipment has been screened in compliance with the approved plans prior to final
occupancy.
61. Trash Enclosures. Two (2) trash enclosures which are adequate to enclose a
minimum of two (2) bins each shall be located as shown on the APPROVED
EXHIBIT A. The enclosure(s) shall be a minimum of six (6) feet in height and shall
be architecturally enhanced and made with masonry block with landscaping
screening, roof covering and a solid gate which screens the bins from external
view.
LANDSCAPING
62. 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.
63. 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.
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 shall
be prepared consistent with Menifee Municipal Code Chapters 15.04 and 9.86 (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 Engineering Department only.
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
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the Community Development Department. Shading calculations is based on tree
canopy over the parking spaces. Tree canopy after 15 years growth shading the
parking spaces only.
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. 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
Vines. Vines shall be provided as specified on APPROVED EXHIBIT L.
Curb and Walkway on End Stall Planters. A six (6) inch high curb with a twelve
(12) inch wide walkway shall be constructed along planters on end stalls adjacent
to automobile parking areas. Public parking areas shall be designed with
permanent curb, bumper, or wheel stop or similar device so that a parked vehicle
does not overhang required sidewalks, planters, or landscaped areas.
Interim Landscaping. Graded but undeveloped land included within this Plot Plan
application shall be maintained in a condition so as to prevent a dust and/or blow
sand nuisance and shall be either planted with interim landscaping or provided
with other wind and water erosion control measures as approved by the
Community Development Department and the South Coast Air Quality
Management District (SCAQMD).
Crime Prevention through Environmental Design Guidelines. All plants,
landscaping and foliage shall fall within current CPTED (Crime Prevention through
Environmental Design) guidelines.
Decorative Bike Racks and Cart Corrals. The bike racks and cart corrals for the
project shall be reviewed and approved along with the final landscaping and
irrigation plan or as a separate Minor Plot Plan application submittal. Both items
shall be decorative in nature.
Enhanced Paving. Enhanced paving shall have been installed in accordance with
APPROVED EXHIBIT A and L and as ultimately approved on the final landscaping
plans.
64. Lack of Trees. The Conceptual Landscape Plan that was reviewed under Plot
Plan No. 2017-021 did not meet the required number of trees along Haun Road,
New Hub Drive or the western property line of the project. The final working
landscape drawings shall meet the required number of trees in these areas as
required by Menifee Municipal Code, Chapters 9.86 and 15.04.
65. Smoother Turning Movements-Permission. Prior to issuance of a building
permit, the permittee shall obtain a permission from the property owner of
America’s Tire to provide the required re-configuration improvement. The
permission shall be in a recordable form of document such as a temporary
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construction permit or a temporary encroachment permit that is acceptable to both
parties and the City. All costs associated in obtaining such document shall be at
the expense of the permittee. The permittee can have the option to reflect the
required re-configuration improvements on a separate grading plan or a revised
grading plan to allow the rest of the project site to be graded should the offsite
permission not be secured prior to the approval of the initial grading plan. The re-
configured improvements shall be completed prior to issuance of a Certificate of
Occupancy.
Added per Planning Commission Hearing on September 27, 2017
66. 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
67. 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.
68. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
69. 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
70. Mitigation Monitoring. The permittee shall prepare and submit a written report to
the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this Plot Plan which must be
satisfied prior to the issuance of final occupancy. The Community Development
Director may require inspection or other monitoring to ensure such compliance.
71. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on APPROVED EXHIBIT B.
72. 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.
73. 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.
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74. Trash Enclosures. Two (2) trash enclosures which are 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.
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.
75. Lighting. Exterior lighting shall be consistent with the approved building plans.
76. Hardscaping. All hardscaping, including enhanced paving shall have been
installed in accordance with APPROVED EXHIBIT A and L.
77. 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.
78. 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.
79. Smoother Turning Movements-Completed. Prior to the issuance of a certificate
of occupancy for any building permit associated with the project, the permittee
shall have the re-configured improvements detailed in COAs 40 and 65 completed
and pass final inspection by all necessary departments.
Added per Planning Commission Hearing on September 27, 2017
80. 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.
ARCHEOLOGY
81. Archeology Report - Phase III and IV. Prior to final inspection of the first building
permit associated with each phase of grading, the developer/permit holder shall
prompt the Project Archeologist to submit two (2) copies of the Phase III Data
Recovery report (if conducted for the Project) and the Phase IV Cultural
Resources Monitoring Report that complies with the Community Development
Department's requirements for such reports. The Phase IV report shall include
evidence of the required cultural/historical sensitivity training for the construction
staff held during the pre-grade meeting. The Community Development Department
shall review the reports to determine adequate mitigation compliance. Provided
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the reports are adequate, the Community Development Department shall clear this
condition. Once the report(s) are determined to be adequate, two (2) copies shall
be submitted to the Eastern Information Center (EIC) at the University of California
Riverside (UCR) and one (1) copy shall be submitted to the Pechanga Cultural
Resources Department.
PALEONTOLOGY
82. Paleontological Monitoring Report. Prior to building permit issuance and/or final
on grading, the permittee shall submit to the Community Development Planning
Department, two (2) copies of the Paleontology Monitoring Report. The report
shall be certified by a professional paleontologist listed Riverside County’s
Paleontology Consultant List. A deposit for the review of the report will be required.
LANDSCAPING
83. 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?”
84. 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.
85. 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 9.86
and 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.
86. Final Landscape Approval. The final landscape approval following installation
shall be subject to the review and approval of the City’s Landscape Architectural
Consultant and the Community Development Director. The Community
Development Director may require additional trees, shrubs and/or groundcover as
necessary, if site inspections reveal landscape deficiencies that were not apparent
during the plan review process.
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FEES
87. 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.
88. 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.
89. 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 / Engineering
Department Conditions of
Approval
Page 28 of 53
A. GENERAL ENGINEERING CONDITIONS
90. Subdivision Map Act - The developer/property owner shall comply with the State
of California Subdivision Map Act.
91. Guarantee for Required Improvements - Prior to grading permit issuance,
financial security shall be provided to guarantee the construction of all required
improvements. The Public Works Director may require the dedication and
construction of necessary utilities, streets or other improvements outside the area
of any particular map phase if the improvements are needed for circulation, parking
and access or for the welfare and safety of future occupants of the development.
92. 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.
93. Existing and Proposed 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.
94. 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.
95. Plan Check Submittals - Appropriate plan check submittal forms shall be
completed and required plan copies, necessary studies/reports, references, fees,
deposits, etc. shall be submitted as outlined in the City approved submittal forms.
All submittals shall be date stamped by the engineer. All final approved grading
and improvement plans shall be provided in both pdf and shapefile format files on
Compact Disc (CD). ACAD files 2004 or later are required for all final maps upon
approval.
96. 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,
hydrologic and hydraulic studies and traffic studies must be provided prior to
approval of plans.
97. As-Built Plans - Upon completion of all required improvements, the developer/
property owner shall cause the civil engineer of record to as-built all project plans,
and submit project base line of work for all layers in both PDF and Auto CAD DXF
format on Compact Disc (CD) to the Public Works Engineering Department. If the
required files are unavailable, the developer/property owner shall pay a scanning
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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.
98. Construction 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 7:00 p.m., Monday
through Saturday, except on nationally recognized holidays in accordance with
Municipal Code Section 8.01.010. 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.
99. 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 which includes between the nearest poles offsite in each direction of
the project site. A disposition note describing the above shall be reflected on
design improvement plans whenever those plans are required. A written proof for
initiating the design and/or application of the relocation issued by the utility
company shall be submitted to the Public Works Department for verification
purposes. Prior to issuance of a Certificate of Occupancy, the developer/property
owner shall submit to the PW Engineering Department, written proof from the
pertinent utility company that the required utility work has been completed.
100. Bond Agreements and Improvement Security – The developer/property owner
shall post bonds or security in forms acceptable to the City, guaranteeing the
construction of all required grading and improvements in accordance with
applicable City policies and ordinances, and as determined by the Public Works
Director/City Engineer. The grading and improvements shall include, but not
limited to: onsite/offsite grading, street improvements, street lights, traffic signals,
signing and striping, water quality BMPs, and storm drainage facilities.
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B. GRADING AND DRAINAGE
101. Grading Code - All grading shall conform to the latest adopted edition of the
California Building Code, City Municipal Code, Chapter 8.04, applicable City
design standards and specifications, City ordinances, policies, rules and
regulations governing grading in the City.
102. 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.
103. Slope Landscaping and Irrigation – All slopes greater than or equal to 3 feet in
vertical height shall be irrigated and landscaped with grass or ground cover. Drip
irrigation shall be used for all irrigated slopes.
104. Slope Erosion Control Plan - 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 applicable ordinances.
105. Erosion Control Plans – All grading plans shall require approved erosion control
plans. Graded but undeveloped land shall provide, in addition to erosion control
planting, 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
a rain event, or before an anticipated rain event.
106. Water Quality Management Plan - All grading plans shall require an approved
copy of the Water Quality Management Plan sheet per the approved WQMP
report. The developer/property owner shall comply with the requirements of the
WQMP report, and City standards and specifications.
107. Dust Control - During the 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.
108. Design Grade Criteria:
a. On-Site Parking – Parking stalls and driveways shall not have grade breaks
exceeding 4%. A 50’ minimum vertical curve shall be provided where grade
breaks exceed 4%. Five percent grade is the maximum slope for any parking
area. Where ADA requirement applies, ADA requirement shall prevail.
b. Down Drains - Concrete down drains that outlet onto parking lot areas are not
allowed. Drainage that has been collected in concrete ditches or swales should
be collected into receiving underground drainage system, or should outlet with
acceptable velocity reducers into BMP devises.
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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.
Non-compliance with any of the above criteria may require a redesign of the
project. Significant redesigns may require a revised Plot Plan.
109. Drainage Grade - Minimum drainage design grade shall be 1% except on Portland
cement concrete surfaces where 0.5% shall be the minimum. The engineer of
record must submit a variance request for design grades less than 1% with a
justification for a lesser grade.
110. 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
111. 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 developer’s or owner’s expense.
112. 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.
113. 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, protection of the native soils shall be provided
by planting erosion resistant vegetation, as the native soils are susceptible to
erosion by running water. All cut and fill slopes shall have a maximum 2:1 (H:V)
grade, 2 horizontal to 1 vertical.
114. Licensed Geotech - A licensed geotechnical engineer shall perform final
determination of the foundation characteristics of soils within on-site development
areas.
115. 10 Year Curb – 100 Year ROW - The 10 year storm flow shall be contained within
the curb and the 100 year storm flow shall be contained within the street right-of-
way. When either of these criteria is exceeded, additional drainage facilities shall
be installed. The property shall be graded to drain to the adjacent street or an
adequate outlet.
116. 100 Year Drainage Facilities - All drainage facilities shall be designed to
accommodate 100 year storm flows as approved by the City of Menifee Public
Works Engineering Department.
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117. 100 Year Design Criteria - In final engineering and prior to grading permit
issuance, subsurface storage systems shall be designed with emergency overflow
inlets to mitigate flows in excess of the 100 year, 24 hour storm event in a
controlled manner to the satisfaction of the Public Works Engineering Department.
118. 100 Year Sump Outlet - Drainage facilities out-letting sump conditions shall be
designed to convey the tributary 100 year storm flows. Additional emergency
escape shall also be provided.
119. 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 bio-retention basin inlets.
Prior to Grading Permit Issuance
120. Geotechnical Report - A geotechnical/soils report shall be submitted to the City
Public Works Engineering Department for review and approval. The
geotechnical/soils, compaction and inspection reports will be reviewed in
conformance with the latest edition of the Riverside County Technical Guidelines
for Review of Geotechnical and Geologic Reports. A pre-grading meeting,
certifications, approvals and inspection procedures will be implemented in
accordance with City Building and Safety Grading Inspection process. Two copies
of the City approved geotechnical/soils report shall be submitted to the Public
Works Engineering Department. All grading shall be done in conformance with the
recommendations of the City approved geotechnical/soils reports, and under the
general direction of a licensed geotechnical engineer.
121. Grading Permit for Clearing and Grubbing – City Ordinances require a grading
permit prior to clearing, grubbing, or any top soil disturbances related to
construction grading activities.
122. Compliance with NPDES General Construction Permit – The developer/
property owner shall comply with the National Pollutant Discharge Elimination
System (NPDES) General Construction Permit (GCP) from the SWRCB.
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. For
additional information on how to obtain a GCP, contact the SWRCB.
123. 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.
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124. 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 and the Regional Board has issued a Notice of
Termination (NOT) for the development.
125. Grading Bonds – This project 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.
126. 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. Additionally, if either location was not
previously approved by an Environmental Site Assessment, a Grading
Environmental Site Assessment shall be submitted for review and approval by the
Public Works Engineering Department prior to issuance of any grading permit. A
haul route must be submitted for approval by the Engineering department prior to
grading operations.
127. Offsite Grading Easements - The developer/property owner shall obtain all
required temporary 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.
128. 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) - unless addressed in a previously City approved report.
129. Slope Landscaping and Irrigation - All manufactured slopes shall be irrigated
and landscaped with grass or approved ground cover, and shall have some type
of drainage swale at the toe of the slope to collect runoff. Drip irrigation shall be
used for all irrigated slopes.
130. 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.
131. 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.
Prior to Building Permit Issuance
132. Submit Plans – A copy of the improvement plans, grading plans, any 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
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submittals shall be date stamped by the engineer and include a completed City
Deposit Based Fee Worksheet and the appropriate plan check fee deposit.
133. 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 a final map, or issuance of a
building permit whichever occurs first. If the developer cannot obtain such rights,
the map or site plan shall be redesigned to eliminate the need for the easement.
134. Building Footprints over Property Lines – Prior to issuance of any building
permit, the project shall ensure that no building footprints are encroaching over
existing property lines. If this occurs, the development shall address through a
mechanism such as parcel mergers or lot line adjustments, and must be completed
prior to issuance of any building permit.
135. No Building Permit without Grading Permit - Prior to issuance of any building
permit for any new structures or appurtenances, the developer/property owner
shall obtain a grading permit and/or approval to construct from the Public Works
Engineering Department.
136. Final Rough Grading Conditions – Prior to issuance of a building permit for any
new structures or appurtenances, the developer/property owner shall cause the
Civil Engineer of Record and Soils Engineer of Record for the approved grading
plans, to submit signed and wet stamped rough grade certification and compaction
test reports with 90% or better compaction, for the lots for which building permits
are requested. The certifications shall use City approved forms, and shall be
submitted to the Public Works Engineering Department for verification and
acceptance.
137. 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
138. 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 for which
a certificate of occupancy is requested. The certification shall be submitted to the
Public Works Engineering Department for verification and acceptance.
139. 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. STREETS AND DEDICATIONS
140. Street Improvements - Street improvements shall conform to all applicable City
Design Standards and Specifications, the City General Plan, the Riverside County
Ordinance 461, and all other relevant laws, rules and regulations governing street
construction in the City.
141. Soils and Pavement Report - Street pavement structural designs shall comply
with the recommendations in the City approved project soils and pavement
investigation report, and must meet minimum City standards and specifications,
as approved by the PW Director.
142. 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.
143. 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.
144. Acceptance of Public Roadway Dedication and Improvements – Easements
and right-of way for public roadways shall be granted to the City of Menifee through
final map, or other acceptable recordable instrument.
145. ADA Compliance – ADA path of travel shall be designed at the most convenient
accesses and the shortest distance to the buildings in accordance with ADA design
standards and to the satisfaction of the Public Works Director/City Engineer and
the City Building Official.
146. Paving or Paving Repairs – The applicant shall be responsible for obtaining the
paving inspections required by Ordinance 461. Paving and/or paving repairs for
utility street cuts shall be per City of Menifee Standards and Specifications and as
approved by the Public Works Director/City Engineer.
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147. Concrete Work – All concrete work including curbs, gutters, sidewalks, driveways,
cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a
28 day minimum concrete strength of 3,250 psi.
148. Street Light Plan – Street lights requiring relocations, or any required new street
lights shall be designed in accordance with current City standards. Street light
construction plans shall be prepared as separate plans or combined with the public
street improvement plans as approved by the PW Director.
149. Sewer Lines – Any new sewer line alignments or realignments shall be designed
such that the manholes are aligned with the center of lanes or on the lane line and
in accordance with Riverside County Ordinances 460/461 and Eastern Municipal
Water District standards.
150. Water Mains and Hydrants - All water mains and fire hydrants providing required
fire flows shall be constructed in accordance with the Riverside County Ordinance
Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water
District and the Riverside County Fire Department.
151. Dry Utility Installations - Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance with
Riverside County Ordinance Numbers 460 and 461, or as approved by the Public
Works Director/City Engineer.
Prior to Issuance of Construction/Encroachment Permit
152. 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.
153. Improvement Bonds – Prior to issuance of any construction permit for all required
onsite and offsite public improvements, the developer/project owner shall post
acceptable bonds or security to guarantee the construction 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 Condition).
Prior to Issuance of Certificate of Occupancy
154. Driveways and Driveway Approaches – Driveways and Driveway Approaches
shall be designed and constructed per current City of Menifee Standard No. 208.
The modified County of Riverside standard 207A may only be used as determined
by the Public Works Director/City Engineer. Prior to issuance of Certificate of
Occupancy, the proposed driveway as shown on the proposed Plot Plan shall be
constructed.
D. TRAFFIC ENGINEERING
155. Traffic Impact Analysis Report – The development shall comply with all the
mitigation measures identified to be constructed or provided in the traffic impact
analysis approved by the Public Works Department. The traffic study was prepared
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by LSA, and dated August 2017. All required improvements identified in the study
shall be included in all improvement plans for review and approval by the Public
Works Department.
Prior to Issuance of Construction Permit
156. Sight Distance Analysis – Sight distance analysis shall be conducted at all
project roadway entrances for conformance with City sight distance standards. The
analysis shall be reviewed and approved by the PW Director, and shall be
incorporated in the final the grading plans, street improvement plans, and
landscape improvement plans.
157. Traffic Signal Control Devices - All new traffic signals and traffic signal
modifications required for construction by this development shall include traffic
signal communication infrastructure, network equipment, and Advanced Traffic
Management System (ATMS) license software. Said traffic signal control devices
shall be submitted with the traffic signal design plans, and shall be approved by
the PW Director, prior to testing of new traffic signal. Traffic signal poles shall be
placed at ultimate locations when appropriate.
158. Traffic Signal Timing Plans - Traffic signal timing plans for new and or modified
signalized intersections shall be submitted with the traffic signal design plans and
shall be approved by the PW Director prior to installation and testing of new signal.
159. Intersection Geometrics – All temporary/final intersection geometrics may be
modified in final engineering as approved by the PW Director.
160. Signing and Striping Plan – Prior to issuance of a construction 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.
161. 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 the following 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.
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Prior to Issuance of Certificate of Occupancy
162. Construction of Off-Site Improvements – The developer/property owner shall
construct the following off-site improvements as detailed below:
a. Raised Median on Haun Road - The developer/property owner shall
construct a raised median on Haun Road from Newport Road to “Driveway
4” (430’ north of Newport Road crosswalk limit line. This “Driveway 4” is
located on west side of Haun Road directly across an existing driveway on
east side of Haun Road). The raised median shall be constructed prior to
issuance of certificate of occupancy. As part of the raised median, signing
and striping improvements will be necessary. The developer/property
owner has the potential to get reimbursement for up to 29% of the total
construction cost by others, upon City collection of such reimbursement
from future development. Following reimbursement by others, the project
will ultimately be responsible for 71% of the total construction cost of the
raised median.
b. Traffic Signal at Haun Road and “Driveway 4” - The developer/property
owner shall construct a traffic signal at the intersection of Haun Road and
“Driveway 4” (430’ north of Newport Road) and construct the following
intersection improvements:
i. Northbound: One left turn lane. One through lane. One through-right
turn lane. The left turn pocket shall have a minimum 100’ storage.
ii. Southbound: One left turn lane. One through lane. One through-right
turn lane. The left turn pocket shall have a minimum 100’ storage.
iii. Eastbound: One left-through-right turn lane (“Driveway 4” will be
constructed by the developer/property owner for project access).
iv. Westbound: One left turn lane. One through-right turn lane.
The traffic signal shall be constructed prior to issuance of certificate of
occupancy. The developer/property owner has the potential to get
reimbursement for 40% of the total construction cost by others, upon City
collection of such reimbursement from future developments. Following
reimbursement by others, the project will ultimately be responsible for 60%
of the total construction cost of the traffic signal and intersection
improvements.
163. Fair Share Cost Participation for Off-site Improvements- The
developer/property owner shall pay fair share costs for off-site improvements as
detailed below. These fair shares are determined as follows:
a. The developer/property owner shall contribute a fair share construction cost of
3.09% toward the construction of one eastbound right turn lane, and toward
signal modification to install eastbound right turn overlap phasing at the
intersection of Newport Road and Antelope Road.
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E. NPDES and WQMP
164. Stormwater Management - 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.
165. 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.
f) 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.
Any standing liquids within the trash enclosures without floor drain must be cleaned
up and disposed of properly using a mop and a bucket or a wet/dry vacuum
machine. All non-hazardous liquids without solid trash may be put in the sanitary
sewer as an option, in accordance with Eastern Municipal Water District (EMWD)
criteria.
An alternate floor drain from the interior of the enclosure that discharges to the
sanitary sewer may be constructed only after obtaining approval from EMWD. This
option requires the following:
a) The trash enclosure shall be lockable and locked when not in use with a 2-inch
or larger brass resettable combination lock. Only employees and staff
authorized by the enclosure property owner shall be given access. This
requirement may not be applicable to commercial complexes with multiple
tenants.
b) A waterless trap primer shall be provided to prevent escape of gasses from the
sewer line and save water.
c) Hot and cold running water shall be provided with a connection nearby with an
approved backflow preventer. The spigot shall be protected and located at the
rear of the enclosure to prevent damage from bins.
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166. SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board
(State Board) adopted amendments to the Water Quality Control Plan for Ocean
Waters of California and the Water Quality Control Plan for Inland Surface Waters,
Enclosed Bays, and Estuaries – collectively referred to as the “Trash
Amendments.” Applicable requirements per these amendments shall be adhered
to with implementation measures, prior to building permit issuance. Projects
determined to be within Priority Land Uses as defined in the Trash Amendments,
shall provide trash full capture devices to remove trash from all Priority Land Use
areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash
full capture devices shall be listed on the State Board’s current list of certified full
capture devices posted on their website
(https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_imple
mentation.shtml), or otherwise approved by State or Regional Water Quality
Control Board staff. Storm water runoff from privately owned Priority Land Use
areas shall be treated by full capture devices located within privately owned storm
drain structures or otherwise located on the privately owned property, whenever
possible. Runoff from Priority Land Use areas created or modified by the project,
and which are proposed to be City owned, shall be treated by full capture devices
located within city-owned storm drains or otherwise located within the public right
of way.
Prior to Grading Permit Issuance
167. 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. The final developed
project construction plans 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
(c) Limited Phase II Environmental Site Assessment Report as maybe required by
an approved Phase I ESA.
168. Revising the Final WQMP. The developer shall be responsible for ensuring
remaining issues in the Preliminary WQMP are addressed in final engineering. 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.
169. WQMP Maintenance Agreement – All water quality features or BMPs shall be
located within the property limits, and the maintenance shall be the full
responsibility of the developer/project owner. Prior to, or concurrent with the
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approval of the FINAL WQMP, the developer/property owner shall record
Covenants, Conditions and Restrictions (CC&R’s) that addresses the
implementation and maintenance of proposed WQMP BMPs, or enter into an
acceptable maintenance agreement with the City to inform future property owners
of the requirement to perpetually implement the approved FINAL WQMP.
170. Hydrology/Hydraulics Study – Prior to grading permit issuance, the project’s
hydrology/hydraulics study shall be reviewed and approved by the Public Works
Department. The study shall analyze at a minimum the following: project site
drainage flow; all future improvements drainage flow; Q10, Q100, pre- and post-
condition flow rates; anticipated total drainage flow into existing storm drain; and
existing storm drain capacity. The project shall comply with all mitigation
recommended by the approved drainage study.
Prior to Issuance of Certificate of Occupancy
171. WQMP/BMP Education – Prior to issuance of Certificate of Occupancy, the
developer/project owner shall provide the City proof of notification to future
occupants of all non-structural BMP’s and educational and training requirements
for said BMP’s as directed in the approved WQMP. Acceptable proof of notification
must be in the form of a notarized affidavit at the minimum.
A copy of the notarized affidavit must be placed in the final WQMP report. The PW
Engineering Department MUST also receive the original notarized affidavit with the
plan check submittal in order to clear the appropriate condition. Placing a copy of
the affidavit without submitting the original will not guarantee clearance of the
condition.
172. Implement WQMP - All structural BMPs described in the project-specific WQMP
shall be constructed and installed 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 until all proposed BMPs described in the approved project specific
WQMPs, to which the portion of the project is tributary to, are completed and
operational.
173. Inspection of BMP Installation – Prior to issuance of Certificate of Occupancy,
all structural BMPs included in the approved FINAL WQMP shall be inspected for
completion of installation in accordance with approved plans and specifications,
and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all
proposed structural BMPs are in working conditions, and that a hard copy and/or
digital copy of the approved FINAL WQMP are available at the site for use and
reference by future owners/occupants. The inspection shall ensure that the FINAL
WQMP at the site includes the BMP Operation and Maintenance Plan, and shall
include the site in a City maintained database for future periodic inspection.
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F. WATER, SEWER, AND RECYCLED WATER
174. 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.
175. 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.
176. 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 or approval of
improvement plans if no map is being processed.
G. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2
Prior to Issuance of a Certificate of Occupancy
177. Annexation to the Citywide Community Facilities District (CFD) 2015-2 –Prior
to the issuance of a Certificate of Occupancy, 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.
Prior to Building Permit Issuance
178. 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.
179. 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.
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180. Parkway Landscaping on Haun Road and New Hub Drive – The parkway areas
behind the sidewalk within the public right-of-way fronting the entire property along
Haun Road and New Hub Drive shall be landscaped and irrigated per City
standards and guidelines. These areas shall be maintained by the CFD 2015-2.
The developer shall connect to the existing irrigation mainline at the property line
with America’s Tire; and provide permanent controller per City Standards.
181. 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.
H. WASTE MANAGEMENT
182. 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:
c. Source separate recyclable and/or compostable material from solid waste and
donate or self-haul the material to recycling facilities.
d. Subscribe to a recycling service with their waste hauler.
e. Provide recycling service to their tenants (if commercial or multi-family
complex).
f. 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#mandatory
183. 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 waste from disposal:
g. Source separate organic material from all other recyclables and donate or self-
haul to a permitted organic waste processing facility.
h. 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.
i. Consider xeriscaping and using drought tolerant/low maintenance vegetation
in all landscaped areas of the project.
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Prior to Building Permit Issuance
184. 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.
The applicant shall provide documentation to the Community Development
Department to verify that Engineering and Public Works has approved the plan
prior to issuance of a building permit.
185. 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.
The applicant shall provide documentation to the Community Development
Department to verify that Engineering and Public Works has approved the plan
prior to issuance of a building permit.
Prior to Issuance of Certificate of Occupancy
186. 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.
I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
187. 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), Road
and Bridge Benefit District (RBBD) Fee, and any applicable regional fees. Said
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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
188. 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
189. 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
190. 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 (17-MENI-PP-021) 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
191. City Case Statement. With respect to the conditions of approval for the
referenced project, the Fire Department recommends the following fire protection
measures be provided in accordance with Riverside County Ordinance and/or
recognize fire protection standards.
192. Fire Hydrants. Fire hydrants and fire flow: provide or show there exist fire
hydrant(s) capable of delivering a fire flow of 1,500 GPM at 20 PSI for 2 hrs. as
required by California Fire Code and Riverside County Fire Department standards
within 400 feet of all portions of all structures.
193. Water Plans. If fire hydrants are required, applicant/developer shall furnish two
copies of the water system fire hydrant plans to Fire Department for review and
approval prior to building permit issuance. 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.
194. Water System Prior to Combustibles On Site. No combustible material shall be
brought on site until the water system has been inspected and approved by the
Riverside County Fire Department.
195. Blue Dot Reflectors. Blue retro reflective pavement markers shall be installed to
indicate location of fire hydrants.
196. 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. Verify Pad 1 will meet this requirement.
197. 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.
198. Fire Sprinkler Systems. All buildings 3,600 square feet and greater shall have
fire sprinkler systems.
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199. Fire Sprinkler Monitoring Systems. Fire sprinkler system(s) with 20 or more
sprinkler heads shall have a fire sprinkler monitoring system.
200. Knox Rapid Entry System. Buildings and gates shall be equipped with a Knox
Rapid Entry System. Contact the Riverside County Fire Department for further
information.
201. Preliminary Conditions. 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
135. Potable Water and Sanitary Sewer Service. This project is proposing to receive
potable water service and sanitary sewer service from Eastern Municipal Water
District (EMWD). It is the responsibility of this facility to ensure that all requirements
to obtain potable water and sanitary sewer service are met with EMWD, as well
as, all other applicable agencies.
136. Environmental Cleanup Programs. Based on the information provided in the
environmental assessment document submitted for this project 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 naturally occurring
hazardous material is discovered at the site, assessment, investigation, and/or
cleanup may be required. Contact Riverside County Environmental Health -
Environmental Cleanup Programs at (951) 955-8980, for further information.
Prior to Building Permit Issuance Conditions
137. Local Enforcement Agency (LEA). Any persons engaged in the business or
performance of tattooing, body piercing, branding and the application of permanent
cosmetics as defined in Health and Safety Code 119300 et sec. must obtain
approval from the Riverside County Department of Environmental Health LEA.
Contact the County of Riverside, LEA at (951)955-8980 for any plan check and/or
permitting requirements.
138. District Environmental Services (DES). Prior to issuance of any Building and
Safety permit(s) or operation of any food facility, plans will require review by DES
to ensure compliance with applicable California Health and Safety Codes. An
annual operating permit for the food facility will be required. Please contact the
Murrieta DES office at (951)461-0284.
Prior to Building Final/Occupancy Conditions
139. Hazardous Materials Management Branch (HMMB) Permits. Prior to building
permit final, the owner or operator of any business that handles or stores any
hazardous material/waste equal to or above the threshold quantities; 55 gallons of
a liquid, 200 cubic feet of a gas, 500 pounds of a solid, and/or radioactive materials
(where an emergency plan is required by Federal Law), and/or extremely
hazardous substances, shall contact the Department of Environmental Health
Hazardous Materials Management Branch at (951)358-5055 for requirements.
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Section VI:
Riverside County Flood Control
and Water Conservation District
Conditions of Approval
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General Conditions
140. Riverside County Flood Control and Water Conservation District
Encroachment Permit. An encroachment permit shall be obtained for any
construction related activities occurring within the District right of way or facilities,
specifically the Paloma Wash Channel. For further information, contact the
District’s Encroachment Permit Section at 951-955-1266.
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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)