PC19-478RESOLUTION NO. PC 19.478
A RESOLUTION OF THE PLANNING GOMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO.
37145 (2016-291) TO SUBDTVTDE 5.01 GROSS ACRES (4.89 NET
ACRES) rNTo FOUR (4) PARCELS LOCATED AT THE NORTHWEST
CORNER OF TRUMBLE ROAD AND HIGHWAY 74 IN THE CITY OF
MENIFEE (APN',S 329-020-009 AND 329-020-0221
WHEREAS, on December 20, 2016 the applicant, VSK lnvestments, LLC, filed a
formal application with the City of Menifee for Tentative Parcel Map No. 371 45 (2016-
091) to subdivide approximately 5.01 gross acres (4.89 acres) into a four (4) parcels
located at the northwest corner of Trumble Road and Highway 74; and,
WHEREAS, on December 11 , 2019, the City of Menifee Planning Commission,
held a Public Hearing on the Project, considered all public testimony as well as materials
in the staff report and accompanying documents for Tentative Parcel Map No. 37145
(Planning Application 2016-291), which hearing was publicly noticed by a publication in
The Press Enferprise (a newspaper of general circulation), an agenda posting, and
notice to property owners within 1 ,400 feet of the Project boundaries, and to persons
requesting public notice; and,
NOW, THEREFORE, BE lT RESOLVED that the Planning Commission of the
City of Menifee makes the following Findings:
Section 1:Consistency with the General Plan. The tentative parcel map is
consisfent with the General Plan Land Use Map and applicable General
Plan objectives, policies, and programs.
The Project site as well as the parcels to the north, east (beyond Trumble
Road) and south (beyond Highway 74) are designated Economic
Development Corridor per the City of Menifee's General Plan, whereas,
the property to the west is designated Right-of-Way associated with
lnterstate 215.
The Project, a subdivision for a commercia! retai! center, is consistent
with the Economic Development Corridor General Plan land use
designation as the Project provides services and goods designated to
serving patrons within the vicinity of the Project site as well as those from
surrounding communities as Highway 74 is a commercial corridor within
the northerly portion of the City.
Section 2:Consistency with the Zoning Code. The Tentative Parcel Map is
consisfe nt with the zone designation map, and applicable development
standards within the zone designation:
The map has been analyzed for consistency with the Economic
Development Corridor Northern Gateway (EDC-NG), zoning
designation. As prescribed by Section 9.28.110 of the City's zoning code,
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Section 4:
a minimum lot area of 15,000 square feet with a minimum width and
depth of 100 and 1 50 feet, respectively. The proposed parcels range in
area from 0.58 to 1.94 acres with each exceeding the minimum width and
depth of 100 and 150 feet, respectively. As such the proposed subdivisionis consistent with the Economic Development Corridor Northern
Gateway designation. Furthermore, per the City's Municipa! Code
(Chapter 9.28) each of the proposed uses is allowed with approval of a
plot plan and conditional use permits applications.
The Project and the properties situated to the north, east, south and west
of the project site share the same General Plan and zoning designation of
Economic Development Corridor (EDC) and Economic Devetopment
Corridor (EDC) Northern Gateway, respectively. Furthermore, the
properties situated to the north, west (beyond lnterstate 215) and south
(beyond Highway 74) are developed with light industrial/manufacturing
enterprises, whereas the properties to the east are primarily vacant with
the northeast corner of Trumble Road and Highway 74 developed withfueling facility and convenience store. The Project site zoning
classification of Economic Development Corridor is compatible with
surrounding uses as this zoning classification allows for a variety of
commercial uses that augment and support the land uses in the vicinity of
the Project, as such, the Project is consistent with the Zoning Code.
Consisfe ncy with Ordinance No. 460 Regulating the Division of Land.
The tentative parcel map is a Schedule "E" subdivision of approximately
5.01 gross acres (4.89 net acres) into four (4) parcels. A Schedule "E"
parcel map is defined as any division of land into two (2) or more parcels
in commercial or industrial zones, regardless of parcel size. Staff has
reviewed and conditioned the subdivision for consistency with
requirements for streets, domestic water, fire protection, sewage disposal,
fences, and electrica! communication facilities. The subdivision is
consistent with the Schedule "E" map requirements of Ordinance No. 460.
The sife is physically suitable for the type of development and the
proposed land use of the development.
The Project is for a subdivision of land; however, entitlement applications
for the development of a commercial center have also been submitted
and are being processed concurrent with the subdivision application. The
subject site is relatively flat and does not contain steep slopes, water
courses, or other features that would be incompatible with the proposed
development. The site is bounded by Highway 74 and Trumble Road to
the south and east, industrial enterprises to the north and Right-Of-Way
associated with lnterstate 215 to the west. The surrounding area is also
relatively flat. Therefore, the site is considered physically suitable for the
type of development and the proposed land use of the site.
Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or
Section 5:
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Section 3:
injurious to or incompatible with other properties or land uses in the
project vicinity.
The Project will not result in conditions detrimental to the public health,
safety, or general welfare as designed and conditioned. The Project is for
a subdivision of land; however, entitlement applications for the
commercial center have also been submitted and are being processed
concurrently with the subdivision application. The Project has been
reviewed and conditioned by the City of Menifee Planning, Engineering,
Police, and Fire Departments to ensure that it will not create conditions
materially detrimental to the surrounding uses. ln addition, environmental
impacts resulting from the Project have been analyzed in an lnitia!
Study/Mitigated Negative Declaration (|S/MND). The IS/MND determined
that potential impacts, would all be less than significant with the
necessary mitigation incorporated. Therefore, the proposed subdivision is
not anticipated to create conditions materially detrimental to the public
health, safety and general welfare or injurious to or incompatible with
other properties or land uses in the Project vicinity.
Section 6:Compliance with CEQA. Processing and approval of the tentative parcel
map application are in compliance with the requiremenfs of the California
Environmental Quality Act.
An IS/MND pursuant to the California Environmental Quality Act (CEOA)
was prepared for the Project. ln the IS/MND, it was found that with
implementation of mitigation measures, the Project would not result in any
significant impacts. A Mitigation Monitoring and Reporting Plan (MMRP)
was prepared and identifies al! mitigation measures that will be required
for the Project.
BE lT FURTHER RESOLVED, the Planning Commission of the City of Menifee
hereby approves Tentative Parce! Map No. 2016-291 subject to the following:
The Findings set out above are true and correct.
Tentative Parcel Map No. 37145 is hereby approved subject to the
Conditions of Approval set forth in Exhibit "1" to this Resolution; and
1
2
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PASSED, APPROVED AND ADOPTED this the 11th day of ber, 2019
Robe
Attest:
uty City Clerk
Ap as to form:
a
Thai Phan, Deputy Gity Attorney
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n
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certifythat the
foregoing Planning Commission Resolution No. PC19-478 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 11 day of December 2019
by the following vote:
Ayes: Diederich, Phillips, Thomas, Madrid, KanvinNoes: None
Absent: NoneAbstain: None
nie Roseen,
Deputy City Clerk
)
)ss
)
.haEN I FEEIHffijr,
O6
\
EXHIBIT 131"
CONDITIONS OF APPROVAL
Planning Application No.: Tentative Parcel Map No. 201 6-291 (TPM37145)
Project Description: Tentative Parcel Map No. (PM) 2016-
291 proposes a Schedule "E" subdivision of 5.01 gross/4.89
net acres into four (4) commercial parcels. The parcels
range in size from 0.58 acres to 1.94 acres.
Two companion applications are being processed
concurrently with Plot Plan 2016-290.
Plot Plan No (PP) 2016-290 "On Deck Center"
proposes the development of 4.89 acres with a
commercial center with a foot print of 29,449 sq. ft.
that consists of a 108 room hotel, free standing
restaurant, drive-thru fast food restaurant, and a gas
station and convenience store with six (6) fueling
pumps and an attached car wash
Conditional Use Permit 2019-082 is being
processed to allow for the gas station with mini-
marUconvenience store and to allow for the sale of
beer and wine for off-premise consumption at the
proposed gas station and convenience store, and
the on premise sale and consumption of beer, wine,
and distilled spirits for the free-standing restaurant
and hotel.
a
a
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Quimby Category:
Approval Date:
Expiration Date:
The project site is located within the City of Menifee. The
site is located north of State Route 74, east of the lnterstate
215 northbound on ramp, and west of Trumble Road.
329 -020 -022, 329 -020- 00 I
Commercia!
Commercial/Retai!
Retail - Service Station (Applicant should contact WRCOG
to determine fee category)
N/A
December 11,2019
December 11,2022
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Gonditions of Approval
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Within 48 Hours of the Approva! of This Project
Filinq Notice of Determination (ND/MND). The applicanUdeveloper shal!
deliver to the Planning Division a cashier's check or money order made
payable to the County Clerk in the amount of Two Thousand Three Hundred
Thirty Dollars and Seventy-Five Cents ($2,330.75) which includes the Two
Thousand Two Hundred Eighty Dollars and Seventy-Five Cents ($2,280.75)
fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty
Dollars ($SO.OO1 County administrative fee, to enable the City to file the Notice
of Determination for the Mitigated or Negative Declaration required under
Public Resources Code Section 21152 and California Code of Regulations
Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a project shal!
not be operative, vested or fina! and local government permits for the project
shall not be valid until the filling fees required are paid.
lndemnification.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 !imitation litigation expenses
and attorney's fees, arising out of either the City's approval of the Project or
actions related to the Property or the acts, omissions, or operations of the
applicanUdeveloper and its directors, officers, members, partners, employees,
agents, contractors, and subcontractors of each person or entity comprising
the applicanUdeveloper with respect to the ownership, planning, design,
construction, and maintenance of the Project and the Property for which the
Project is being approved. ln addition to the above, within 15 days of this
approval, the developer/applicant shall enter into an indemnification
agreement with the City. The indemnification agreement shall be substantially
the same as the form agreement currently on file with the City.
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Conditions of Approval
Tentative Parcel Map 2016-291 (TPM 37145)
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Section l: Conditions applicable to AII Departments
Section II: Gommunity Development Conditions of
Approval
Section lll: Engineering/Grading/Transportation
Gonditions of Approva!
Section lV: Riverside County Fire Department
Gonditions of Approva!
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Conditions of Approval
Tentative Parcel Map 2016-291 (TPM 371451
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Section l:
Gonditions Ap plicable to all
Departments
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Gonditions of Approval
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General Conditions
1. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative Parcel Map No. 37624 shall be
henceforth defined as follows:
TENTATIVE MAP = EXHIBIT A - Tentative Parcel Map No.2016-091 (PM
37145), dated Septem b er 12, 2019, (TPM371 45)
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
2. 90 Days. The developer/owner has 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 the
approval or conditional approval of this project.
3. Newly lncorporated City. The City of Menifee is a new City, incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. !n
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, Permitee agrees to petition for formation of,
annexation to or inclusion in any such financing district and to pay the cost of
such formation, annexation or inclusion.
The permitee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
4. Comply with Ordinance 460. This land division shall comply with the State of
California Subdivision Map Act and to all requirements of Ordinance No. 460,
Schedule E, unless modified by the conditions listed herein.
5. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the Planning Commission's original approval date, unless
extended as provided by Ordinance No. 460 or state law. Action on a minor
change and/or revised map request shall not extend the time limits of the
originally approved TENTATIVE MAP. lf the TENTATIVE MAP expires before
the recordation of the final phase the LMS no further FINAL MAP recordation
shall be permitted.
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Conditions of Approval
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6. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
7. Mitigation Monitoring PIan. The developer shall comply with the mitigation
monitoring plan prepared for the project.
8. No Grading or Building Permits. Planning Application 2016-091 Tentative
Parcel Map (PM37145) is for a Schedule E subdivision. No grading or building
permits shall be issued pursuant to this subdivision. Conditions pertaining to
grading and building permits shall referto the PLOT PLAN (Plot Plan No. 2016-
2e0).
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Conditions of Approval
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Section Il:
Gommunitv Develo pment
Department Conditions of
Approval
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Gonditions of Approval
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General Conditions
9. Outside Lighting. Any outside lighting shall be hooded and directed so as not
to shine directly upon adjoining property or public rights-of-way and so as to
prevent either the spillage of lumens or reflection into the sky.
10. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not
including on-site advertising or directional signs) shall be constructed or
maintained within the property subject to this approval.
1 1. 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.
12. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this parcel map as a principal place of
residence. No person shall be entitled to vote using an address within the
premises as a place of residence.
13. No Outdoor Storage. No outdoor storage is allowed within or upon the site.
No storage lockers, sheds, metal container bins, or metal shipping containers
wil! be allowed to be stored outside unless first reviewed and approved by the
Community Development Department.
14. Airport lnfluence Area. The project site is located within an Airport Influence
Area. Therefore, the following conditions apply (Per General Plan
lmplementation Action LU-23):
a. The notice of airport in vicinity shall be provided to all potential purchasers
of the property and tenants/lessees of the buildings thereon.
ARCHEOLOGY
15. Human Remains. lf human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shal! 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. lf 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.
16. Non-Disclosure of Location Reburials. !t 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
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Conditions of Approval
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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).
17 . lnadvertent Archeological Find.
lf during ground disturbance activities, unique cultural resources are discovered
that were not assessed by the archaeologica! 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).
a. AII ground disturbance activities within 100 feet of the discovered cultura!
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.
b. 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.
c. 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. Work shall be allowed to continue outside of the
buffer area and will be monitored by additional Tribal monitors if needed.
d. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Management Plan 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 as identified in Non-Disclosure of Reburial Condition.
e. Pursuant to Calif. Pub. Res. Code S 21083.2(b) avoidance is the preferred
method of preservation for archaeological resources and cultural
resources. lf the landowner and the Tribe(s) cannot agree on the
significance or the mitigation for the archaeologica! or cultural resources,
these issues wil! 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 accountthe cultura! and religious principles and practices of the Tribe.
Notwithstanding any other rights available under the law, the decrsion of
the City Community Development Director shall be appealable to the City
Planning Commission and/or City Council."
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Conditions of Approval
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18. Gultural Resources Disposition. ln the event that Native American cultural
resources are discovered during the course of grading (inadvertent discoveries),
the following procedures shall be carried out for final disposition of the discoveries:
a) One or more of the following treatments, in order of preference, shall be
employed with the tribes. Evidence of such shall be provided to the City of Menifee
Community Development Department:
i. Preservation-!n-Place of the cultural resources, if feasible. Preservation in
place means avoiding the resources, leaving them in the place where they
were found with no development affecting the integrity of the resources.
ii. Reburial of the resources on the Project property. The measures for
reburial shall include, at least, the following: Measures and provisions to
protect the future reburial area from any future impacts in perpetuity. Reburial
shall not occur unti! all legally required cataloging and basic recordation have
been completed, with an exception that sacred items, burial goods and Native
American human remains are excluded. Any reburial process shall be
culturally appropriate. Listing of contents and location of the reburial shall be
included in the confidential Phase lV report. The Phase lV Report shall be filed
with the City under a confidential cover and not subject to Public Records
Request.
iii. lf preservation in place or reburial is not feasible then the resources shall be
curated in a culturally appropriate manner at a Riverside County curation
facility that meets State Resources Department Office of Historic Preservation
Guidelines for the Curation of Archaeological Resources ensuring access and
use pursuant to the Guidelines. The collection and associated records shall be
transferred, including title, and are to be accompanied by payment of the fees
necessary for permanent curation. Evidence of curation in the form of a letter
from the curation facility stating that subject archaeological materials have
been received and that all fees have been paid, shall be provided by the
landowner to the City. There shal! be no destructive or invasive testing on
sacred items, burial goods and Native American human remains. Results
concerning finds of any inadvertent discoveries shall be included in the Phase
lV monitoring report.
19. Inadvertent Paleontological Find. Should fossil remains be encountered
during site development:
1) All site earthmoving shal! be ceased in the area of where the fossil remains
are encountered. Earthmoving activities may be diverted to other areas of
the site.
2) The applicant shall retain a qualified paleontologist approved by the County
of Riverside.
3) The paleontologist shall determine the significance of the encountered
fossil remains.
4) Paleontological monitoring of earthmoving activities wil! continue thereafter
on an as-needed basis by the paleontologist during all earthmoving
activities that may expose sensitive strata. Earthmoving activities in areas
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Conditions of Approval
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of the project arca where previously undisturbed strata will be buried butnot otherwise disturbed will not be monitored. The supervising
paleontologist will have the authority to reduce monitoring once he/she
determines the probability of encountering any additional fossils has
dropped below an acceptable level.
5) lf fossil remains are encountered by earthmoving activities when the
paleontologist is not onsite, these activities will be diverted around the fossil
site and the paleontologist called to the site immediately to recover the
remains.
6) 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 wil! be permanently stored, maintained, and, along
with associated specimen and site data, made available for future study by
q ual ified scientific i nvestigators.
*The City of Menifee must be consulted on the repository/museum to receive the
fossil material prior to being curated.
LANDSCAPING
20. lnterim Landscaping. Graded but undeveloped Iand shall be maintained in a
condition so as to prevent a dust and/or blow sand nuisance and shal! 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 (SCAOMD).
21.Ytable Landscaping. Al! plant materials within landscaped areas shall be
maintained in a viable growth condition throughout the life of this permit. To
ensure that this occurs, the Community Development Department shall require
inspections in accordance with the Building Permit landscaping install and
inspection condition.
22. Landscape Plans. All landscaping plans shall be prepared in accordance with
the City's Water Efficient Landscape Ordinance (MMC 15.04) and the Park
Design, Landscaping and Tree Preservation Ordinance (MMC 9.86). Such
plans shall be reviewed and approved by the Community Development
Department, and the appropriate maintenance authority.
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Conditions of Approval
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FEES
23. Maintenance of Landscaping. AII private landscaping shall be maintained by
a property owners association or individua! property owner. All Iandscaping, and
similar improvements not properly maintained by a property owners association
or individual property owners must be annexed into a Community Facilities
District (CFD), or other mechanism as determined by the City of Menifee.
24. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to fina! map, grading plan,
building plan or mitigation monitoring review, shall be reviewed on an hourly
basis (research fee), or other such review fee as may be in effect at the time of
submittal, as required by Resolution No. 18-741 (Cost of Services Fee Study),
or any successor thereto. Each submittal shall be accompanied with a letter
clearly indicating which condition or conditions the submittal is intended to
comply with.
Prior to Final Map
25. Final Map. After the approval of the TENTATIVE MAP and prior to the
expiration of said map, the developer/owner shall cause the real property
included within the TENTATIVE MAP, or any part thereof, to be surveyed and
a FINAL MAP thereof prepared in accordance with the current Engineering
Department requirements, the conditionally approved TENTATIVE MAP, and in
accordance with Article ]X of Ordinance No. 460.
26. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or
registered civil engineer.
27. Reciprocal Access. Prior to map recordation, reciprocal access shall be
established across all lots for appropriate on-site circulation, access for the
project site and to allow shared parking across parcels.
29. Dark Sky Ordinance. The following Environmental Constraints Note shall be
placed on the ECS:
"This property is subject to lighting restrictions as required by the Menifee
Municipal Code Chapter 6.01, the "Dark Sky Ordinance", which are intended to
reduce the effects of night Iighting on the Mount Palomar Observatory. All
proposed outdoor lighting systems shall be in conformance with the Dark Sky
Ordinance."
30. ECS Mitigation Monitoring Plan. The following Environmental Constraints
Note shall be placed on the ECS
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28. ECS. The developer/owner shall prepare an Environmental Constraints Sheet
(ECS) in accordancewith Section2.2. E. & F. of Ordinance No.460, which shall
be submitted as part of the plan check review of the FINAL MAP.
Gonditions of Approval
Tentative Parcel Map 2016-291 (TPM 37145)
1112912019
"This property is subject to the Mitigation Monitoring and Reporting PIan
adopted as part of the Mitigated Negative Declaration for the Project on file
with the Community Development Department."
31. ECS Note of Airport in Vicinity. The following Environmental Constraints Note
shall be placed on the ECS:
"This property is presently located in the vicinity of an airport, within what is
known as an airport influence area. For that reason, the property may be
subject to some of the annoyances or inconveniences associated with proximity
to airport operations (for example: noise, vibration, or odors)."
32. Survey Ghecklist. The Engineering Department shall review any FINAL MAP
and ensure compliance with the following:
A. All parcels on the FINAL MAP shall be in substantial conformance with
the approved TENTATIVE MAP relative to size and configuration.
B. The total number of parcels on the final map shall be 4.
33. Gommon Area Maintenance. PRIOR TO MAP RECORDATION, the following
procedures for common area maintenance procedures shall be complied with:
a) A permanent master maintenance organization shall be established for
the project area, to assume ownership and maintenance responsibility
for all common recreation, open space, circulation systems and
landscaped areas. The organization may be public or private. Merger
with an area-wide or regional organization shal! satisfy this condition
provided that such organization is legally and financially capable of
assuming the responsibilities for ownership and maintenance. lf the
organization is a private association then neighborhood associations
shall be established for each residential development, where required,
and such associations may assume ownership and maintenance
responsibility for neighborhood common areas.
b) Unless othenrvise provided for in these conditions of approval, common
open areas shall be conveyed to the maintenance organization as
implementing development is approved or any subdivision as recorded.
c) The maintenance organization shall be established prior to or concurrent
with the recordation of the first land division.
RECORDATION OF FINAL MAP
FEES
34. Fees. Prior to recordation, the Planning Department shall determine if the
deposit based fees for the TENTATIVE MAP are in a negative balance. If so,any unpaid fees shall be paid by the developer/owner and/or the
deve loper/owner's successor-i n-i nterest.
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Conditions of Approval
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Section lll:
E nq i neeri nq lT ran sportatio nl
Grading Gonditions of Approval
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Conditions of Approva!
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The following are the Public Works (Pw)-Engineering Department Conditions of Approval
for this development, which shall be satisfied at no cost to the City or any other
Government Agency. All questions regarding the intent of the following conditions shall be
referred to the PW Engineering Department, Land Development Section. The developer /
property owner shall use the standards and design criteria stated in the following
conditions, and shall comply with all applicable City of Menifee standards and ordinances.
Should a conflict arise between City of Menifee standards and design criteria, and any
other standards and design criteria, those of the City of Menifee shall prevail.
A. General Conditions
This parcel map application is concurrently being processed with the Plot Plan application
No. PP2016-290, which has its own set of Conditions of Approva!. The conditions for this
parcel map application shall be satisfied in concurrence with the Conditions of Approval
for the proposed plot plan under PP2016-290.
Subdivision Map Act - The developer / property owner shall comply with the State
of California Subdivision Map Act and the City-adopted County Ordinance 460.
2. Proposed Parcel Map - The property owner is proposing to develop a four (4)
parcel map subdivision: Parcel 1, Parcel 2, Parcel 3, and Parcel 4. The developer
is not developing in phases.
3. Bonds Prior to Final Map Recordation - Prior to final map recordation, bonding
will be required for all required offsite and frontage improvements. Prior to
receiving the Certificate of Occupancy for any of the proposed parcels, all required
improvements must be constructed. lf parcels are sold separately, bonds may be
substituted by the new underlying owners.
4. Guarantee for Required Grading lmprovements Prior to grading permit
issuance, financial security shall be provided to guarantee required grading
improvements. The City Engineer / PW Director may require the dedication and
construction of necessary utilities, streets or other improvements outside the area
of the project if the improvements are needed for circulation, parking and access,
or for the welfare and safety of future occupants of the development.
5. Bond Agreements and lmprovement 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 shal! include, but not limited to, the following:
onsite, offsite grading, street improvements, street lights, traffic signals, signing
and striping, water / sewer I recycled water improvements, water quality Best
Management Practices (BMPs), and storm drainage facilities.
6. Existing Easements - The final parcel map shall correctly show al! existing
easements. Any existing easements not shown on the fina! parcel map shall be
Quit Claimed by the easement holder and removed from the Title Report
accordingly.
1
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Conditions of Approval
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7. 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.
8. Plan Check Submittals - Appropriate plan check submittal forms shall be
completed and submittal check list provided that includes required plan copies,
necessary studies / reports, references, fees, deposits, etc. Prior to final approval
of improvement plans by the Public Works / Engineering Department, the
developer / property owner shall submit to the Public Works / Engineering
Department CAD layers of all improvements to be maintained by the City
(pavement, sidewalk, street lights, etc.). A scanned image of all final approved
grading and improvement plans on a Universal Serial Bus (USB) drive, also known
as a "flash" drive or "thumb" drive, shall be submitted to the Public Works /
Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b)
GIS shapefile (made up of ESRI extensions.shp,.shx and.dbfl or (c)
Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest
version shall only be accepted if approved by the Public Works Director / City
Engineer.
9. PIan Approvals - AII 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 Public Works Director / City Engineer. Supporting City approved studies
including, but not limited to, hydrologic and hydraulic studies and traffic studies
must be provided prior to approval of plans.
10. 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 lrne of work for all layers on a USB drive to the Public
Works / Engineering Department, in one of the following formats: (a) Auto CAD
DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c)
Geodatabase (made up of ESRI extension .gdb). lf the required files are
unavailable, the developer / property owner shall pay a scanning fee to cover the
cost of scanning the as-built plans. The timing for submitting the as-built plans shall
be as determined by the Public Works Director / City Engineer.
1 1 . 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 Iimits located 114 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
Municipa! 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.
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(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. ln
addition, the Public Works Director / City Engineer or the Building Officia! 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.
12. Dry Utility Installations - Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance with
current City ordinances, or as approved by the Public Works Director / City
Engineer. This applies also to existing overhead !ines which are 33.6 kilovolts (kV)
or below along the project frontage and within the project boundaries. ln cases
where 33.6kV or below Iines are collocated with high voltage lines (for example,
1 15kV), the low voltage lines shal! stil! be placed underground even when the high
voltage lines are exempt from relocation or undergrounding in accordance with
City standards and ordinances. Exemption from undergrounding low voltage lines
shall only be by the Public Works Director / City Engineer or as directed by the City
Council.
Prior to Final Map
13. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration
of said map, the developer/owner shall cause the real property included within the
TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof
prepared in accordance with the current Engineering Department requirements,
the conditionally approved TENTATIVE MAP, and in accordance with the
Applicable City Ordinance..
14. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or
registered civil engineer.
15. Reciprocal Access. Prior to map recordation, reciprocal access shall be
established across all parcels for appropriate on-site circulation, access to and
from Trumble Road, and to allow shared parking across parcels.
16. ECS. The developer/owner shall prepare an Environmental Constraints Sheet
(ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shal!
be submitted as part of the plan check review of the FINAL MAP.
17. Survey Checklist. The Engineering Department shall review any FINAL MAP and
ensure compliance with the following:
A. All parcels on the FINAL MAP shall be in substantial conformance with
the approved TENTATIVE MAP relative to size and configuration.
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B. All lots on the FINAL MAP shall comply with the length to width ratios,
as established by the applicable City Ordinance.
C. The total number of parcels on the final map shall be 4
B. GRADING
All grading shall conform to the latest adopted edition of the California Building Code, City
adopted Ordinances, applicable City design standards and specifications, City
ordinances, policies, rules and regulations governing grading in the City.
Prior to Grading Permit
18. Geotechnical Report - A Geotechnical Engineering lnvestigation was prepared
and submitted to the City. The Geotechnical Engineering lnvestigation was
reviewed in conformance with the Iatest edition of the Riverside County Technical
Guidelines for Review of Geotechnical and Geologic Reports and was approved
by the City. Priorto issuance of any grading permit, two copies of the City-approved
Geotechnical Engineering lnvestigation shall be submitted to the PW-Engineering
Department. The developer / property owner shall comply with the
recommendations of the report, and City standards and specifications. Al! grading
shall be done in conformance with the recommendations of the approved
Geotechnical Engineering !nvestigation, and under the general direction of a
licensed geotechnical engineer..
19. Grading Permit for Clearing and Grubbing - A grading permit is required from
the PW-Engineering Department prior to any clearing, grubbing, or any topsoil
disturbances related to construction grading activities.
20. Erosion Gontro! Plans - All required grading plans shall require erosion control
plans. Graded but undeveloped land shall provide, in addition to erosion contro!
measures, drainage facilities deemed necessary to control or prevent erosion.
Erosion and sediment control BMPs are required year round in compliance with
the State Water Resources Control Board (SWRCB) Construction General Permit
(CGP). Additional erosion protection may be required during or before an
anticipated rain event.
21. Compliance with NPDES General Construction Permit - The developer /
property owner shall comply with the National Pollutant Discharge Elimination
System (NPDES) CGP from the SWRCB.
Prior to approval of the grading plans or issuance of any grading permit, the
developer / property owner shall obtain a CGP from the SWRCB. Proof of filing a
Notice of lntent (NOI) and monitoring plan, shall be submitted to the City; and the
WDID number issued by the SWRCB shall be reflected on all grading plans prior
to approval of the plans. For additional information on how to obtain a CGP, contact
the SWRCB.
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Gonditions of Approval
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22. 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.
23. SWPPP for lnactive 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 conditions at all times
until construction is completed.
24.lmport / 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 PW-Engineering Department. For projects importing soil, if the source locations
for proposed import were not previously approved with an Environmental Site
Assessment (ESA) that includes an assessment of the property of soil being
imported, a Soils ReporUGeotechnical Report for the soil being imported shall be
submitted for review and approval by the PW-Engineering Department prior to
issuance of any grading permit. A haul route must be submitted for approva! by the
PW-Engineering department prior to grading operations.
25. Gross Lot Drainage - To avoid cross property-line drainage, Cross Section A-A
shall be revised to provide an interceptor drain along the toe of the manufactured
slope which shal! collect and convey on-site drainage towards SR-74, or an
alternative design approved by the Engineering Department.
DESIGN GUIDELINES:
26. Slope Landscaping and lrrigation - All manufactured slopes shall be irrigated
and landscaped with grass or approved ground cover, and shall have some type
of drainage swale at the toe of the slope to collect runoff. Slopes exceeding 15 feet
in vertical height shall be irrigated and planted with shrubs and/or trees per
applicable City ordinances. Drip irrigation shall be used for all irrigated slopes.
27. Control Measures for Slopes Greater than 3 feet in Vertical Height - Erosion
control and/or landscape plans are required for manufactured slopes greater than
3 feet in vertical height. The plans shall be prepared and signed by a registered
Iandscape architect, and bonded per applicable City ordinances.
28. 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 the PW-
Engineering Department for review and approva!.
29. Dust Control - During actual grading, all necessary measures to control dust shall
be implemented by the developer / property owner in accordance with Air Quality
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Management District (AOMD) requirements. A watering device shall be present
and in use at the project site during all grading operations.
30. Use of Maximum and Minimum Grade Criteria -Actua! 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 lnspector,
and wi!! need to be removed and replaced at the expense of the developer /
property owner.
31. Written Permission for Grading: Written permission shal! be obtained from the
affected property owners allowing the proposed grading and / or facilities to be
installed outside of the tract boundaries. A copy of the written authorization shall
be submitted to the PW-Engineering Department for review and approval.
Prior to Buildins Permit
32. No Building Permit without Grading Permit - Prior to issuance of any building
permit, the developer / property owner shall obtain a grading permit and / or
approval to construct from the PW-Engineering Department.
33. Final Rough Grading Gonditions - Prior to issuance of each building permit, the
developer / property owner shall cause the Civil Engineer of Record and Soils
Engineer of Record for the approved grading plans, to submit signed and wet
stamped rough grade certification and compaction test reports with 90% or better
compaction. The certifications shall use City approved forms, and shall be
submitted to the PW-Engineering Department for verification and acceptance.
34. 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 lssuance of Certificate of Occupancv
35. Final Grade Gertification - The developer / property owner shall cause the Civil
Engineer of Record for approved grading plans, to submit signed and wet stamped
fina! grade certification on City approved form, for each building requesting a
certificate of occupancy. The certification shall be submitted to the PW-
Engineering Department for verification and acceptance.
36. 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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Gonditions of Approval
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C. DRAINAGE
Genera! Conditions
37. ADP Fees: The proposed development is located within the bounds of the
Homeland / Romoland ADP for which drainage fees have been established by the
Riverside County Board of Supervisors. Applicable ADP fees will be due (in
accordance with the Rules and Regulations for Administration of Area Drainage
Plans) prior to permits for this project. The fee due wil! be based on the fee in
effect at the time of payment. The fee shall be paid in the form of cashier's check
or money order only. The Public Works /Engineering Department will not accept
personal or company checks.
38. 10 YR Curb - 100 YR ROW: The 10 year storm flow shall be contained within the
curb and the 100 year storm flow shall be contained within the street right of way.
When either of these criteria is exceeded, additional drainage facilities shall be
installed. The property shal! be graded to drain to the adjacent street or an
adequate outlet.
39. 100 YR Sump Outlet: Drainage facilities outletting in sump conditions shall be
designed to convey the tributary 100 year storm flows. Additional emergency
escape shall also be provided.
41. BMP - Energy Dissipators: Energy Dissipators, such as rip-rap, shal! be installed
at the outlet of a storm drain system that discharges runoff flows into a natural
channel or an unmaintained facility. The dissipators shal! be designed to minimize
the amount of erosion downstream of the storm drain outlet.
42. Trash Racks: Trash Racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large, floatable debris.
Prior to Gradinq Permit Issuance
43. Perpetua! Drainage Patterns (Easements) - Grading shall be designed in a
manner that perpetuates the existing natural drainage patterns and conditions with
respect to tributary drainage areas and outlet points. Where these conditions are
not preserved, necessary drainage easements shall be obtained from all affected
property owners for the release onto their properties of concentrated or diverted
storm flows. A copy of the recorded drainage easement shal! be submitted to the
PW-Engineering Department for review.
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40. Coordinate Drainage Design: Development of this property shall be coordinated
with the development of adjacent properties to ensure that watercourses remain
unobstructed and stormwaters are not diverted from one watershed to another.
This may require the construction of temporary drainage facilities or offsite
construction and grading. A drainage easement shall be obtained from the
affected property owners for the release of concentrated or diverted storm flows.A copy of the recorded drainage easement shall be submitted to the PW-
Engineering Department for review.
Conditions of Approval
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44. Protection of Downstream Properties - The developer / property owner shall
protect downstream properties from damages that can be caused by alteration of
natural drainage patterns, i.e., concentration or diversion of flow. Protection shall
be provided by constructing adequate drainage facilities, including enlarging
existing facilities and securing necessary drainage easements.
45. Drainage Study - The developer / property owner submitted a Preliminary
Drainage Study, prepared by JLC Engineering, dated August 10, 2018. The PW-
Engineering Department has reviewed the Preliminary Drainage Study, and has
granted conditional approval. The developer/owner shall submit a Final Drainage
Study for approval prior to lssuance of a grading permit.
Prior to Buildinq Permit lssuance
46. Offsite Easements or Redesign: Offsite drainage facilities shall be located within
dedicated drainage easements obtained from the affected property owner(s).
Document(s) shall be recorded and a copy submitted to the PW-Engineering
Department prior to recordation of the final map. lf the developer cannot obtain
such rights, the map should be redesigned to eliminate the need for the easement.
4T.Written Permission for Grading: Written permission shall be obtained from the
affected property owners allowing the proposed grading and / or facilities to be
installed outside of the tract boundaries. A copy of the written authorization shall
be submitted to the PW-Engineering Department for review and approva!.
D. WASTE MANAGEMENT
48. AB 341. AB 341 focuses on increased commercial waste recycling as a method to
reduce greenhouse gas (GHG) emissions. The regulation requires businesses
and organizations that generate four or more cubic yards of waste per week and
multifamily units of 5 or more, to recycle. A business shall take at least one of the
following actions in order to reuse, recycle, compost, or otherwise divert
commercial solid waste from disposal:
(a) Source separate recyclable and/or compostable material from solid
waste and donate or self-haul the materia! to recycling facilities.
(b) Subscribe to a recycling service with their waste hauler.
(c) Provide recycling service to their tenants (if commercial or multi-
family complex).
(d) Demonstrate compliance with the requirements of California Code of
Regulations Title 14.
For more information please visit:
www. rivcowm . orq/opencms/recvclvi nq/recvclino and comoost business.htm!#m
andatorv
49. 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
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requiring compliance by businesses is reduced in subsequent years. Businesses
subject to AB 1826 shall take at least one of the following actions in orderto divert
organic waste from disposal:
(a) Source separate organic material from all other recyclables and donate or
self-haul to a permitted organic waste processing facility.
(b) Enter into a contract or work agreement with gardening or landscaping
service provider or refuse hauler to ensure the waste generated from those
services meet the requirements of AB 1826.
(c) Consider xeriscaping and using drought toleranUlow maintenance
vegetation in all landscaped areas of the project.
As of January 1, 2019, the above requirements are now applicable to businesses that
generate four (4) or more cubic yards of solid waste per week and one (1)or more cubic
yards of organic waste per week. Additionally, as of January 1,2019, a third trash bin is
now required for organics recycling, which will require a larger trash enclosure to
accommodate three (3) trash bins. This development may be subject to this requirement.
Prior to Final Map:
50. Recyclables Gollection 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 lfagade,
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.
51. Waste Recycling Plan. Prior to the issuance of a building permit, a Waste
Recycling Plan (WRP) shall be submitted to the Public Works / Engineering
Department for review and approval. The WRP should include, as a minimum, the
following information :
a. The waste materials (i.e., concrete, asphalt, wood, etc.) that will be
generated by the construction activity associated with this development
and the projected amounts of each material.
b. The measures / methods that will be taken to recycle, reuse, and / or
reduce the amount of waste materials generated.
c. The facilities and / or haulers that will be utilized.
d. The targeted recycling or reduction rate.
During project construction, the project site shall have, as 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
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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 Public
Works / Engineering Department can provide assistance in preparing the WRP if
requested.
52. 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 fo lssua nce of Certificate of OccuDencv:
53. 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.
TRAFFIC ENGINEERING AND STREET IMPROVEMENTS
54. Traffic lmpact Analysis Report. The development shall comply with all the
improvement measures identified to be constructed or provided in the approved
traffic impact analysis (TlA), dated Apri! 2, 2018 prepared by Urban Crossroads.
PW-Engineering - Traffic Engineering Division has reviewed the TIA and has
concurred with its findings. The developer / property owner shall be responsible
for all improvements, such as but not limited to; right-of-way frontage
improvements, traffic signal construction or mitigation, fair share fees, required or
identified in the approved traffic study and according to these Conditions of
Approval. All required improvements identified in the study shall be included in all
improvement plans for review and approval by PW-Engineering. The
recommendations/mitigation measures outlined in the approved TIA are as
discussed below. Additional improvements may be required to address public
safety and welfare, as determined by the City Engineer / PW Director.
Prior to Final Map
55. Signing and Striping Plan. Prior to issuance of a building permit, any necessary
signing and striping plan shal! be approved by the City Traffic Engineer in
accordance with City ordinances, standards and specifications, and with the latest
edition of the CAMUTCD.
56. Driveway Geometrics. Final driveway geometrics may be modified in final
engineering as approved bythe City Engineer/ PW 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.
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57. Sight Distance Analysis. Sight distance analysis was conducted at all project
roadway entrances for conformance with City sight distance standards. The final
grading plans, street improvement plans, and landscape improvement plans. shall
comply with the sight distance visibility requirements.
58. Traffic Signal Control Devices. All new traffic signals and traffic signal
modifications required for construction by this development shall include traffic
signal fiber optic communication infrastructure, network equipment, and Advanced
Traffic Management System (ATMS) license software. Said traffic signal control
devices shall be submitted with the traffic signa! 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.
59. Traffic Signal Timing PIans. 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.
60. lntersection Geometrics. All temporarylfinal intersection geometrics may be
modified in fina! engineering as approved by the PW Director.
61. Construction Traffic Control Plan - Prior to start of any project related
construction, the developer / property owner shall submit to the PW-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 shal! 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 fo!lowing:
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: lnclude construction time and
operation of vehicles through surrounding residential streets.c) Traffic safety within the road right-of-way: lnclude temporary traffic
control measures and devices.
62. TUMF lmprovement and Credit Agreement - ln order to obtain credit for
constructing TUMF eligible facilities, the developer shall enter into a three party
TUMF lmprovement and Credit Agreement with WRCOG and the City of Menifee.
The agreement shall be in accordance with City Ordinances and WRCOG
Administrative Policy. The agreement requires WRCOG approval and City Counci!
action, prior to issuance of a building permit.
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Prior to lssuance of Certificate of Occupancv
63. Site Adjacent Roadway lmprovements. lt is noted that both Trumble Road and
SR-74 are constructed at their ultimate as Major Highway. However, the developer
/property owner shall construct curb-and-gutter, and applicable driveway
improvements along the project frontage. Additionally, the developer/property
owner shall construct a raised median along Trumble Road.
64. Sight Distance Restriction. The developer / property owner shall ensure that the
limited use area as identified in the TIA shall be kept clear of any landscaping or
any other obstructions that may impede driver visibility including, but not limited to,
on-street parking. Additionally, the developer/property owner shall ensure that no
landscaping/hardscape within the limited use area is greater than 30-inches (2.5-
ft) in height.
65. Driveway 1 of Project Driveway Entry at Trumble Road. The developer/property
owner shall construct the project driveway entry along Trumble Road with following
geometrics:
a. 25-foot curb radius on the northwest corner
b. 20-foot curb radius on the southwest corner
66. Driveway 2 of Project Driveway Entry at Trumble Road. The developer/property
owner shall construct the project driveway entry along Trumble Road with following
geometrics:
a. 3O-foot curb radius on the northwest cornerb. 30-foot curb radius on the southwest corner
ln its discretion, the City will periodically evaluate traffic operations of the traffic
signal and modify operations and lane geometrics as necessary.
67. Cost Participation through Payment of TUMF and DIF for Offsite
lmprovements. The developer / property owner's TUMF and DIF payment
obligations shall be considered as cost participation for Project's required offsite
improvements only when the offsite improvements for which credits are claimed,
are eligible TUMF and / or DIF facilities at time of TUMF and DIF payments.
Determination for TUMF credits shall be at the discretion of the Western Riverside
Council of Governments (WRCOG), the governing authority, which shall include
entering into a three party TUMF Credit Agreement with the developer, WRCOG
and the City of Menifee.
E. STREET STANDARDS, DEDICATIONS, AND VACATIONS
68. lmprovements - Street improvements shall conform to all applicable City Design
Standards and Specifications, the City General Plan, City adopted Riverside
County Ordinance 461, and all other relevant laws, rules and regulations governing
street construction in the City.
Page 26 of 44
Conditions of Approval
Tentative Parcel Map 2016-29'l (TPM 371451
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69. Soils and Pavement Report - Street pavement structura! 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.
70. Street lmprovement Plan Profile - lmprovement plans shall be prepared based
upon a design profile extending a minimum of 300 feet beyond project boundaries
at grade and alignment approved by PW-Engineering Department.
71. Streetlight Plan - Street light construction plans shall be prepared as separate
plans or combined with the public street improvement plans as approved by the
PW Director.
72. Streetlight Design as LS-3 Rate Lights - All streetlights, other than traffic signal
safety lights, shall be designed as LS-3 rate lights in accordance with approved
City standards and specifications, and as determined by the PW Director.
73. Public Streetlights Service Points - AII proposed public streetlights shall be
provided with necessary appurtenances and service points for power, separate
from privately owned streetlights. The developer/property owner shall coordinate
with the PW Department and with Southern California Edison the assignment of
addresses to streetlight service points. Service points for proposed public
streetlights shall become public and shall be located within public right of way or
within duly dedicated public easements.
74. Street Name Sign - lf applicable, the developer / property owner shall install street
name sign(s) in accordance with applicable City Standards or as directed by the
PW-Eng i neeri ng Department.
75. Dry Utility lnstallations - Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance with
City Ordinances, or as approved by the City Engineer / PW Director. This also
applies to existing overhead lines which are 33.6 kilovolts or below along the
project frontage and within the project boundaries.
Prior to Final Map
76. Onsite Overhead Lines within Dedicated ROW Boundaries (lF APPLICABLE)
- Portions of existing right of ways (ROW) within project boundaries may be
proposed for vacation with the recordation of the final map phase containing the
ROW. lf this situation applies to this development, then prior to recordation of the
final map phases that have existing overhead lines, the developer / property
owners shall coordinate the undergrounding, relocation or removal of said lines
with appropriate agencies. ROWs with existing overhead lines shall not be vacated
without the utilities being first removed, relocated or replaced.
77. Acceptance of Public Roadway Dedication and lmprovements Onsite
easements and right-of way for public roadways shall be granted to the City of
Menifee through the final map, or other acceptable recordable instrument. Any off-
site rights-of-way required for access road(s) shall be accepted to vest title in the
Page 27 of 44
Gonditions of Approva!
Tentative Parcel Map 2016-29'l (TPM 371451
11t29t2019
name of the public if not already accepted. Proposed shared onsite access road
necessary for the circulation of the proposed project, shal! be shown and reserved
on the proposed Parce! Map 37145 as reciprocal access
78. lmprovement Bonds - Prior to issuance of any construction permit, or recordation
of a final ffiap, whichever occurs first, for all required onsite and offsite public
improvements, the developer / property owner shall enter into a bond agreement
and post acceptable bonds or security, to guarantee the completion of all required
improvements. The bonds shall be in accordance with all applicable City
ordinances, resolutions and municipal codes (See a/so bond agreement condition
under General Conditions).
79. 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.
F. WATER, SEWER, AND REGYCLED WATER
80. Meet Minimum Standards - All water, sewer and recycled water improvements
shall be designed per the Eastern Municipal Water District (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.
81. Utility lmprovement Plans Public Water, Sewer and Recycled Water
improvements shall be drawn on City title block for review and approval by the PW-
Engineering Department and EMWD.
82. Onsite and Offsite Sewer, Water and Recycled Water lmprovements - All
public onsite and offsite sewer, water and recycled water improvements shall be
guaranteed for construction prior to final map recordation.
G. NPDES AND WQMP
AII City of Menifee requirements for NPDES and Water Quality Management Plans
(WOMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater /
Urban Runoff Management Program unless othenruise approved by the Public Works
Director/City Engineer. This project is required to submit a project specific FINALWQMP
prepared in accordance with the latest WQMP guidelines approved by the Regional Water
Quality Control Board.
83. 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.
Page 28 of 44
Gonditions of Approval
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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 rainfal! or
run-on from collateral surfaces.
Any standing liquids within the trash enclosures without floor drain must be cleaned
up and disposed of properly using a mop and a bucket or a weUdry 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.
84. 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 lnland 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 fullcapture devices posted on their website
(https://unryw.waterboards.ca.qov/water issues/proqrams/stormwater/trash imple
mentation.shtml), or othenryise 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 othenrvise 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, shal! be treated by full capture devices
located within city-owned storm drains or otherwise located within the public right
of way.
Page 29 of 44
Gonditions of Approval
Tentative Parcel Map 2016-291 (TPM 371451
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Prior to lssuance of Grading Permit
85. Final Project Specific Water Quality Management Plan (Final WQMP): A
Preliminary WQMP, prepared by JLC Engineering & Consulting, dated May 29,
2019, and was approved by the PW-Engineering Department. Prior to issuance of
a grading permit, a FINAL project specificWQMP in substantial conformance with
the approved PRELIMINARY WQMP, shall be reviewed and approved by the
Public Works Engineering Department. Fina! construction plans shal! incorporate
all of the structura! BMPs identified in the approved FINAL WQMP. The final
developed project shall implement all structural and non-structural BMPs specified
in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-
ROM in pdf format shal! be submitted to the Public Works Engineering Department.
The FINAL WQMP submittal shall include at a minimum, the following reports /
studies:
a) Final Drainage Study
b) Soils Report that includes soil infiltration capacity
Final constructron plans shall incorporate all of the structural BMPs identified
in the approved FINAL WQMP. The final developed project shall implement
all structural and non-structural BMPs specified in the approved FINAL
WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format
shall be submitted to the Public Works Engineering Department.
86. Revising The Final WQMP: ln 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-Engineering
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 shal! be collected from the applicant to pay for reviewing the substantially
revised WQMP.
87. WQMP Right of Entry and Maintenance Agreement: Prior to, or concurrent with
the approval of the FINAL WQMP, the developer / property owner shall record
Covenants, Conditions and Restrictions (CC&R's), or enter into an acceptable
Right of Entry and Maintenance Agreement with the City to inform future property
owners of the requirement to perpetually implement the approved FINAL WQMP.
Prior to lssuance of Certificate of Occupancv
88. lmplement Project Specific WQMP: All structural BMPs described in the project-
specific WQMP shall be constructed and operational in conformance with
approved plans and specifications. lt shall be demonstrated that the developer /
property owner is prepared to implement all non-structural BMPs described in the
approved project specific WQMP and that copies of the approved project-specific
WQMP are available for the future owners/occupants. The City will not release
occupancy permits for any portion of the project, or any proposed map phase prior
to the completion of the construction of all required structural BMPs, and
implementation of non-structural BMPs.
Page 30 of 44
89. WQMP / BMP Education: Prior to issuance of any Certificate of Occupancy, the
developer / property owner shall provide the City proof of notification to future
occupants, of all BMPs and educationa! and training requirements for said BMPs
as directed in the approved WQMP. At a minimum, acceptable proof of notification
must be in the form of a notarized affidavit. The developer must provide to the
PW-Engineering Department a notarized affidavit stating that the distribution of
educational materials to future homebuyers has been completed prior to issuance
of occupancy permits.
NPDES Public Educational Program materials may be obtained from the Riverside
County Flood Control and Water Conservation District (District) - NPDES Section
by accessing the District's website at www.floodcontrol.co.riverside.ca.us.
H. CTTYWTDE COMMUNTTY FACTLTTTES MATNTENANCE DTSTRICT (CFD)
Prior to Recordation of Final Map
90. Annexation to the Citywide Community Facilities District (GFD) - Prior to fina!
map recordation, 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. The citywide CFD shall
be responsible for:
The maintenance of public improvements or facilities that benefit this development,
including but not limited to, public landscaping, streetlights, traffic signals, streets,
drainage facilities, water quality basins, graffiti abatement, and other public
improvements or facilities as approved by the Public Works Director.
The developer/property owner shall be responsible for all cost associated with the
annexation of the proposed development in the citywide CFD. !f the developer /
property owner does not record a final map, but instead does a Plot Plan, then the
annexation shall be completed prior to the issuance of the Building Permit.
Prior to Final Map
91 . CFD Annexation Agreement - ln the event timing for this development's schedule
prevents the developer / property owner from complying with the conditions of
approval for CFD annexation, the developer shall enter into a CFD annexation
agreement to allow the annexation to complete after the final map recordation,, but
prior to issuance of a Certificate of Occupancy. The developer shall be responsible
for all costs associated with the preparation of the CFD annexation agreement.
The agreement shall be approved by the City Council priorto final map recordation,
or prior to Building Permit lssuance if no final map is being processed.
92. Landscape Improvement Plans for CFD Maintenance Landscape
improvements within public ROW and/or areas dedicated to the City for the
citywide CFD to maintain shall be prepared on a separate City CFD plans for
review and approval by the PW Engineering Department. The plans may be
prepared as one plan for the entire development as determined by the PW
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Conditions of Approval
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Conditions of Approval
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Director. When necessary as determined by the PW Director, a separate WQMP
construction plan on City title block maybe required for review and approval by the
PW Engineering Department prior to issuance of a grading permit.
93. Parkway Landscaping Design Standards - The parkway areas behind the street
curb within the public's right-of-way, shal! be landscaped and irrigated per City
standards and guidelines.
94. CFD Landscape Guidelines and lmprovement 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.
95. Maintenance of GFD Accepted Facilities - All landscaping and appurtenant
facilities to be maintained by the citywide CFD shall be built to City standards. The
developer shall be responsible for ensuring that landscaping areas to be
maintained by the CFD have its own controller and meter system, separate from
any private controller/meter system.
I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
96. Fees and Deposits - Prior to approval of any grading plans, improvement plans,
issuance of building permits, and/or issuance of certificate of occupancy, the
developer/property owner shall pay all fees and deposits applicable to this
development including TUMF and RBBD fees as applicable. Said fees and
deposits shall be collected at the rate in effect at the time of collection as specified
in current City resolutions and ordinances.
Page 32 of 44
Conditions of Approval
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Section lV:
Riverside Gounty
Erre DePartment
Gonditions of Approval
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Conditions of Approval
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1112912019
General Conditions
2. 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.
3. Changes to Conditions. Fire Conditions of Approval may change based on
conditions hazardous to Iife, property or public welfare in the occupancy of
structures or premises and fire hazards in the structure or on the premises from
occupancy or operation.
4. Preliminary Conditions. These conditions are preliminary; further review will
occur upon receipt of building plans and design/occupant load (which was not
provided on conceptua! plans). Additional conditions may be necessary at thattime. Design and Occupant load information will assist in determining
requirements for exiting and fire alarm systems.
5. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on
private streets, public streets and driveways to indicate location of fire hydrants.
6. Hydrant Location. Fire Hydrants shall be located within 400' of all exterior
portions of the structures without sprinkler systems, measured along required fire
apparatus access roads, and adjacent to public streets in the quantities and up to
the maximum distance as required by the California Fire Code and Riverside
County Fire Department
7. Hydrant Fire Flow. Fire hydrant(s) shall be capable of delivering fire flow as
required by the California Fire Code and Riverside County Fire Department
standards.
8. Water Mains. The water mains shall be capable of providing required fire flow
L Water Verification. The required water system, including all fire hydrant(s), shall
be installed and accepted by the appropriate water agency and the Riverside
County Fire Department prior to any combustible material placed in an individua!
!ot. Water plan must be at the job site.
10. Address. The address shall be posted per the Riverside County Fire Department
standards and wil! be clearly visible from public roadway.
1 1 . Fire Department Access. Fire apparatus access roads shall extend to within 150
feet of all portions of the facility and all portions of the exterior walls of the first story
of the building as measured by an approved route around the exterior of the
building or facility.
12. Ftre Apparatus Access Road Width and Vertical Clearance. Fire apparatus
access roads shall have an unobstructed driving surface width of not less than 12
feet, exclusive of shoulders, and 1 foot on each side for a total 14 feet unobstructed
horizonta! clearance, with an unobstructed vertical clearance of 13 feet 6 inches.
Page 34 of 44
Conditions of Approval
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11t29t2019
13. Turnarounds. A turnaround shall be provided to al! building sites on fire apparatus
access roads over 150 feet in length, and shall be within 50 feet of the building.
The minimum outside turning radius for a turnaround shal! be 38 feet, not including
parking. lf a hammerhead T is used instead, the top of the "T" shall be a minimum
of 80 feet in length.
14. Surface Load and Capabilities. Fire apparatus access roads shall be designed
to support the impose loads of fire apparatus [60,000 pound live load (gross
vehicular weight) distributed over two axlesl and shall be surfaced so as to provide
al!-weather driving capabilities [rear wheel drive apparatus] for the length and
grade(s) of the fire apparatus access road.
Prior to lssuance of Buildinq Permit
15. Fire Sprinklers. Automatic fire sprinkler systems are required and shall be
installed per the CFC and NFPA 13. Sprinkler System supervision will be required.
All underground fire line, fire sprinkler systems, and alarm plans must be submitted
separately for approval prior to construction. Contractors should contact the Office
of the Fire Marshal for submittal requirements.
16. Enhanced Sprinklers. A fire protection engineer or C-16 licensed contractor
should be consulted for assistance with this requirement due to limited to no fire
access for this portion of the building
17. Access. Prior to issuance of the building permit for development, independent
paved access to the nearest paved road, maintained by the City shall be designed
and constructed by the developer within the public right of way in accordance with
City Standards. (CFC 501.4)
18. Water Plans. The applicants or developer shall separately submit two (2) copies
of the water system plans to the Fire Department (Menifee Office) for review and
approval. Calculated velocities shall not exceed 100 feet per second. Plans shall
conform to the fire hydrant types, location and spacing. The system shall meet the
fire flow requirements.a. Plans shall be signed by a registered civil engineerb. Plans shall confirm hydrant type, location, spacing, and minimum fire flow.c. Once plans are signed and approved by the local water authority, the
originals shal! be presented to the Fire Department for review and approval.
19. Sprinkler Riser Room. Proposed location for fire sprinkler riser room and Fire
Alarm control panel shall be shown on subsequent submittals.
20. Final Conditions. Final fire and life safety conditions will be addressed when the
City of Menifee reviews building plans. These conditions will be based on
occupancy, use, California Building Code (CBC), California Fire Code (CFC), and
related codes, which are in effect at the time of building plan submittal.
Page 35 of 44
Gonditions of Approval
Tentative Parcel Map 2016-291 (TPM 371451
'1112912019
Priol to Final lnspection
21. Fire Lanes. The permittee shall prepare and submit to the Fire Department for
approva!, a site plan designating required fire lanes with appropriate lane painting
and/or signs. Fire lane curbing is to be painted red and marked per Riverside
County Fire Department standards.
22. Sprinkler System. Prior to issuance of Certificate of Occupancy or Building Final,
the applicant/developer shall install a fire sprinkler system that meets the
requirements based on square footage and type of construction, occupancy or use
and is installed per2016 NFPA 13 and CFC Chapter 9, or subsequent ordinance.
Fire sprinkler plans shall be submitted to the City of Menifee Office of the Fire
Marshal for approval prior to installation. (CFC Chapter 9, NFPA 13).
23. 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. ln 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.
24. 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. Riverside County Fire Department requires remote emergency gate
openers for electrically controlled access gafes.
25. Electrical Room. Electrical room door shall be posted "ELECTRICAL ROOM" on
the outside of door.
26. Roof Access. Roof Access door shall be posted "ROOF ACCESS" on the outside
of door.
27.Tank Permits. Prior to issuance of Certificate of Occupancy or Building Final, the
applicant/developer shall be responsible for obtaining underground and/or above
ground tank permits for the storage of combustible liquids, flammable liquids, or
any other hazardous materials from both the County of Riverside Community
Health Agency Department of Environmental Health and the Office of the Fire
Marshal.
28. Annual lnspections. An annual fire department permit for storage, handling and
use of flammable/combustible liquids as required by Section 105 of the 2016
California Fire Code will be issued for Occupancy sign off. (CFC 105) (lssued by
the City of Menifee OFM).
29. Materials Storage. Prior to issuance of Certificate of Occupancy, approval shall
be required from the County of Riverside Community Health Agency (Department
of Environmental Health) and OFM to maintain, store, use, handle materials, or
conduct processes which produce conditions hazardous to life or property, and to
install equipment used in connection with such activities. (CFC 105)
Page 36 of 44
Conditions of Approval
Tentative Parcel Map 20'16-291 (TPM 371451
11129t2019
Section V:
Riverside County
Environmental Health
Conditions of Approval
Page 37 of 44
Conditions of Approval
Tentative Parcel Map 2016-291 (TPM 371451
11t29t2019
General Conditions
30. Potable Water and Sanitary Sewer Service. A "General Condition" shall be
placed on the prolect indicating that the subject property is proposing to receive
potable water service and sanitary sewer service from Eastern Municipal Water
District (EMWD). !t 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.
31. Removal/Abandonment of Any Existing OWTS and Wells. Any existing wells
and/or existing onsite wastewater treatment systems (OWTS) shall be properly
removed and/or abandoned under permit with DEH.
32. Hazardous Materials Management Branch (HMMB). Construction plans must
be reviewed and approved by the Hazardous Materia! Division prior to installation
of underground storage tank (UST) system.
Prior to building final, the owner operator of any busy that handles or stores any
hazardous material/waste equal to or greater than 55 gallons of liquid, 200 cubic
feet of gas, or 500 pounds of 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.
33. LOCAL ENFORCEMENT AGENCY (LEA). The applicant shall contact the Countyof Riverside, LEA at (951) 955-8980 for any plan check and/or permitting
requirements.
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 1 19300 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.
34. 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 annua! operating permit for the food facility will be required. Please
contact the Hemet DES office at (951)766-2824.
Page 38 of 44
Conditions of Approval
Tentative Parcel Map 2016-291 (TPM 37145)
1112912019
Page 39 of 44
Conditions of Approval
Tentative Parcel Map 2016-291 (TPM 371451
1',U2912019
End of Conditions
The undersigned warrants that he/she is an authorized representative of the project
referenced above, that I am specifically authorized to consent to all of the foregoing
conditions, and that I so consent as of the date set out below.
Signed Date
Name (please print)Title (please print)
Page 40 of 44
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Conditions of Approval
Tentative Parcel Map 2016-291 (TPM 371451
11129t2019
AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
This Agreement to Indemnify and Hold Harmless ("Agreement") is entered into,
effective as of December 1l ,2019,by andbetween the CITY OF MENIFEE, a municipal
corporation, on the one hand, ("City"), and VSK Investments, LLC. a California limited
liability company, ("Indemnitor" or "lndemnitors"), on the other. The City and
Indemnitor(s) are herein referred to collectively as the "Parties" and individually as a
"Party."
RECITALS
Whereas, Applicant has applied to the City for various discretionary approvals
including a project for the development of the "On-Deck" commercial center consisting of
a hotel, fueling facility and restaurants (the "Project") on 4.89 acres of property located on
the northwest corner of Highway 74 and Trumble Road. (the "Property"); and
Whereas, in connection with the consideration of the above-mentioned
discretionary approvals, Indemnitor(s) has offered to, and hereby agrees that it will,
indemnify and hold the City harmless from any challenges arising from or related to the
discretionary approvals, the Property or the Project as more fully set forth in this
Agreement.
AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and based upon the foregoing recitals, and the terms,
conditions, covenants, and agreements contained herein, the Parties hereto agree as
follows:
1. Incorporation of Recitals. The Recitals set forth above are an integral part of this
Agreement, and are fully incorporated herein.
2. Indemnitors' Indemnification Obligations. Indemnitor(s) shall indemnify,
defend, and hold harmless the City of Menifee and its elected city council,
appointed boards, commissions, committees, officials, employees, volunteers,
contractors, consultants (which may include the County of Riverside and its
employees, officers, officials, and agents), and agents (herein, collectively, the
"Indemnitees") 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 (i) the City's approval of the Project or actions
related to the Property, including without limitation any judicial or administrative
proceeding initiated or maintained by any person or entity challenging the validity
or enforceability of any City permit or approval relating to the Project, any
condition of approval imposed by the City on such permit or approval, and any
finding or determination made and any other action taken by any of the Indemnitees
in conjunction with such permit or approval, including without limitation any action
taken pursuant to the California Environmental Quality Act ("CEQA"), or (ii) the
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Gonditions of Approval
Tentative Parce! Map 2016-291 (TPM 371451
11129t2019
acts, omissions, or operations of the Indemnitor(s) and the directors, officers,
members, partners, employees, agents, contractors, and subcontractors of each
person or entity comprising the Indemnitor(s) with respect to the ownership,
planning, design, construction, and maintenance of the Project and the Property for
which the Project is being approved. The City shall notify the Indemnitor(s) of any
claim, lawsuit, or other judicial or administrative proceeding (herein, an "Action")
within the scope of this indemnity obligation and request that the Indemnitor(s)
defend such Action with legal counsel reasonably satisfactory to the City. If the
Indemnitor(s) fails to so defend the Action, the City shall have the right but not the
obligation to do so with counsel of their own choosing, with no right of approval
by Indemnitor(s) and, if they do, the Indemnitor(s) shall promptly pay the City's
full cost thereof, with payments made at least on a monthly basis. Notwithstanding
the foregoing, the indemnity obligation under clause (i) of the first sentence of this
condition shall not apply to the extent the claim arises out of the willful misconduct
or the sole active negligence of the City. This Agreement shall survive any final
action on the Project, and shall survive and be independent of any Project approvals,
even if such Project approvals are invalidated in whole or part.
3. Entire Agreement; Amendments and Waivers. This Agreement contains the
entire agreement between the City and Indemnitor(s) with respect to the subject
matter set forth herein and supersedes any prior discussions, negotiations, and
agreements with respect thereto. This Agreement may be amended or modified
only by a written agreement executed by both Parties. No waiver of any of the
terms of this Agreement shall be effective or binding unless in writing and executed
by an authorized representative of the Party waiving its rights hereunder.
4. Successors and Assigns. This Agreement shall be binding upon the heirs,
executors, administrators, successors, transferees, and assigns of the Parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to
be effective as of the date first written above.
..CITY"
Dated 2019 CITY OF MENIFEE, a California
Municipal Corporation
By:
Its:
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Conditions of Approval
Tentative Parcel Map 2016-291 (TPM 371451
11129120'.t9
APPROVED AS TO
RUTAN & TUCKER, LLP
FORM
Attorneys for the City of Menifee
Dated: ,2019
Dated: ,2019
..INDEMNITOR"
VSK Investments, LLC.
By:
Print
Name:
Its Manager/Managing Member
VSK Investments, LLC.
By:
Print
Name:
Page 44 of 44