PC20-480RESOLUTION NO. PC 20.480
A RESOLUTION OF THE PLANNING GOMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO. 2018-189 FOR
BAKER MEDICAL BUILDING LOCATED ON THE NORTH SIDE OF
NEWPORT ROAD, WEST OF BRADLEY ROAD, AND EAST OF
WTNTER HAWK ROAD (ApN 338-170-028)
WHEREAS, on August 2, 2018, the applicant, Dr. Bruce Baker, filed a formal
application with the City of Menifee for the approval of a Plot Plan for the construction
and operation of a5,417 sq.ft.,3-story medical office building on 0.65 gross acres; and
WHEREAS, on January 22, 2020, the Planning Commission of the City of
Menifee held a duly noticed public hearing on the Project, considered all public
testimony as wel! as al! materials in the staff report and accompanying documents for
Plot Plan No. 2018-189, which hearing was publicly noticed by a publication in The
Press Enterprise (a newspaper of general circulation), an agenda posting, and notice to
property owners within 600-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:
Consistency with General Plan
The General Plan land use and zoning classification of the site is Economic
Development Corridor Newport Road (EDC-NR). The intent of the
designation is to provide neighborhood-oriented commercial, office and
institutional uses that support residential communities and development
near this major traffic corridor. The district includes the adjacent Bradley
Road traffic corridor. The Bradley Road corridor features limited business
park and office style services, as wel! as residential uses.
The Newport Road District facilitates convenience shopping and ready
access to personal services such as the proposed medical office building.
Business and government office services located along these corridors
serve the local neighborhoods and the community. The commercial
locations are designed to be compatible with the surrounding residential
district(s).
ln addition, the project is consistent with the following City of lvlenifee
General Plan policies:
LU-2: Thriving Economic Development Corridors that accommodate a
mix of nonresidential and residential uses that generate activity and
economic vitality in the city.
The Project will be medica! offices located adjacent to the Newport
Shopping center. Other types of uses surrounding the property site are
a
Section 1. Consisfency with the General Plan. The Plot Plan is consistent with the
General Plan Land Use Map, and applicable General Plan objectives,
policies, and programs:
Resolution
PIot Plan No. 2018-189
January 22,2020
a
a
eating establishments, schools and churches.
LU-2.1: lt is important that infill development complement existing
neighborhoods and surrounding areas. lnfill development and future
growth in Menifee is strongly encouraged to locate within the EDC
areas to preserue the rural character of rural estate and small estate
residential.
LU-2.2: lnfill development opportunities connect the city's educational
and medical facilities as a complimenting element of uses in EDCs.
The Baker Medical Office provides for an infill development of a vacant
lot in the EDC. Although the surrounding parcels were developed in the
1990's, this remnant piece has remained vacant and this project
completes the development of this area. The project complements
existing surrounding areas by providing high quality architecture that is
similar to some of the existing uses, such as the school and commercia!
to the south. The medical office use is allowed in the EDC zone and a
needed service to surrounding residential neighborhoods.
o CD-3.5 Design parking /ofs and structures to be functionally and
visually integrated and connected; off-street parking /ofs should not
dominate the streef scene.
Perimeter landscaping and strategic placement of the Project's
commercial buildings has been provided to visually screen the parking
lot and drive aisles from surrounding roadways along Newport Road.
o CD-3.14 Provide variations in color, texture, materials, articulation,
and architectural treatments. Avoid long expanses of blank,
monotonous walls or fences.
The architecture of the Project incorporates varied colors, recesses,
materia! changes, varied rooflines, wa!! plane changes, accent
materials, and other architectural treatments that break up wal! areas to
avoid any long expanses of blank, monotonous walls.
CD-5.4: Locate building access points along sidewalks, pedestrian
areas, and bicycle routes, and including amenities that encourage
pedestrian activity in the EDC areas where appropriate.
The project site is served by sidewalks along Newport Road and the
entrance of the building is oriented to the street. Residents of
apartments and homes to the west of the site could access the medical
office building by the existing sidewalks.
CD-5.6: Orient building entrance towards the street and provide parking
in the rear, when possib/e.
a
a
The Project proposes the building to be located towards the front of the
Resolution
PIot Plan No. 2018-189
January 22,2020
parcel and the parking will be in the rear behind the building, consistent
with the general plan policy.
Consistencv with Multiple Species Habitat Conservation Plan (MSHCP)
The City of Menifee has two (2) active conservation plans within the City's
boundary, the Western Riverside County MSHCP, and the Stephens'
Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is
within the jurisdiction of the SKR-HCP and the Western Riverside County
MSHCP. The project site is located inside the Stephen's Kangaroo Rat
(Dipodomys stephensi) (SKR) Fee Area. The proposed project is located
within the boundaries of the Western Riverside County Multiple Species
Habitat Conservation Plan; however, the project is not located with a
Criteria Cell or Cell Group. The project wil! be subject to the payment of
fees for a commercial project consistent with Riverside County Ordinance
No. 810.2 as adopted by the City of Menifee. The project site is heavily
disturbed. Therefore, the project will not conflict with the provisions of the
adopted HCP, Natural Conservation Community Plan, or other approved
local, regional, or State conservation plan. The project is consistent with
the MSCHP.
Section 2: Consisfency with the Zoning Code. The Plot Plan is consisfenf with the
zone designation Map, and applicable development standards within the
zone designation:
The Project site is zoned Economic Development Corridor - Newport Road
(EDC-NR). Surrounding zoning includes Economic Development Corridor -
Newport Road (EDC-NR) to the east, Public/Quasi-Public Facilities (PF) to
the west and Cal Neva Specific Plan to the south of the property site. These
classifications are compatible to the project site.
The proposed use, a medical office building, is consistent with the intent of
the EDC-NR designation, because it provides "office services" and the
project site is located in close proximity to residential communities along the
Newport Road and Bradley Road corridors. The medical office supports the
needs of neighboring residential communities and the community-at-large.
Medical and professiona! offices are a permitted use in the EDC-NR zone.
The project is consistent with the development standards of the EDC-NR
zone, including height (45 feet maximum), FAR, and setbacks.
The project is subject to the requirements of the City of Menifee Municipal
Code Section 9.86, Park Design, Landscaping and Tree Preservation
Ordinance, as well as Ordinance No. 348. Newport Road is also
designated as an enhanced landscape corridor; therefore, the landscaping
has been well designed and enhanced to comply with the city's standards.
The total Project area is 28,477.50 square feet and provides 5,033 square
feet of landscaping, which equates to 17.7o/o of the Project site (landscaped
arealsite area).
Resolution
PIot Plan No. 2018-189
January 22,2020
Section 9.86.060 requires a minimum ten percent (10%) of the interior
parking area to be landscaped. Much of the proposed landscaping wil!
be located within the proposed interior parking areas of the Project.
There will be 1,790 square feet of landscaping throughout the 8,260
square foot parking lot area, which equates to 21.60/o; therefore, the
project meets the interior parking area landscape requirement.
Parking lot trees contain mostly evergreen species to provide the
maximum amount of shade. Ord. 348, Section 18.12 requires that 50%
of the parking area, excluding driveways and aisles. The parking area
excluding driveways and aisles is 5,160 sq. ft. and the project proposes
to provide trees to shade 2,592 sq. ft, which exceeds the 50% shading
requirement.
The Project is consistent with the parking requirements of Ordinance
348, Section 18.12. Under the code, 1 parking space is required for
every 200 sq. ft. of building area. Based on the size of the building,2T
parking spaces are required; however, the project proposes 28 parking
spaces. Bicycle spaces, electric vehicle charging spaces, and ADA
spaces will be provided consistent with the building code.
Therefore, the Project is consistent with the Zoning Code
Section 3: Surrounding Uses. Approval of the application will not 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.
As stated, the project site proposes a 3-story 5,417 square foot medical
office building. To the east of the project site is the Newport Shopping
Center, which is also located within the Economlc Development Corridor -
Newport Road zoning classification. West of the project site is the existing
Springs Chapter School, and located to the rear of the project site is an
existing mono-eucalyptus wireless telecommunication facility, located within
an existing block wall enclosure. There is also a church to the north of the
project. Newport Road and existing commercia! uses are located to the
south of the project. The project is compatible with the surrounding land
uses, General Plan land use designation, and zoning classifications. The
project will incorporate architecture and landscaping, which will enhance
the area. Therefore, the project would not 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.
The Project has been reviewed by a variety of Departments to ensure
compliance with applicable regulations, including, but not limited to City of
Menifee Building and Safety, Engineering and Public Works, Riverside
County Fire, Riverside County Sherriff's Department, and Riverside County
Environmental Health. These Departments have also provided conditions of
approval as appropriate to ensure compliance with applicable regulations.
Resolution
Plot Plan No. 2018-1Bg
January 22,2020
Section 4:Compliance with CEQA. Processing and approval of the permit application
are in compliance with the requiremenfs of the California Environmental
Quality Act.
The proposed project is exempt from California Environmenta! Quality Act
(CEOA) pursuant to Article 19 - Categorical Exemptions, Class 32, Section
15332 "ln-Fill Development". ln-Fill Development is characterized as the
following: (a) the project is consistent with the applicable genera! plan
designation and all applicable general plan policies as well as with
applicable zoning designation and regulation. (b) The proposed
development occurs within the city limits on a project site of no more than
five acres substantially surrounded by urban uses. (c) The project site has
no value as habitat for endangered, rare or threatened species. (d)
Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality. (e) The site can be adequately
served by all required utilities and public services.
The project is consistent with the property's existing General Plan land use
designation (EDC-NR), the property's zoning classification, and with
applicable zoning regulations. The proposed developed occurs within the
City of Menifee limits, the project site is 0.64 acres, and is substantially
surrounded by developed land. The project site has no value as habitat for
endangered, rare or threated species. The project would not result in any
significant effects related to traffic, noise, air quality or water quality and the
site can be adequately served by all required utilities and public services.
The project is also exempt from California Environmental Quality Act
(CEOA) pursuant to Article 19 - Categorical Exemptions, Class 3, Section
15303 "New Construction or Conversion of Small Structures." Class 3
consists of construction and location of limited numbers of new, smal!
facilities or structures; installation of small new equipment and facilities in
small structures; and the conversion of existing small structures from one
use to another where only minor modifications are made in the exterior of
the structure. The numbers of structures described in this section are the
maximum allowable on any Iegal parcel. Examples of this exemption
include, but are not limited to: (c) A store, motel, office, restaurant or similar
structure not involving the use of significant amounts of hazardous
substances, and not exceeding 2500 square feet in floor area. ln urbanized
areas, the exemption also applies to up to four such commercial buildings
not exceeding 10,000 square feet in floor area on sites zoned for such use
if not involving the use of significant amounts of hazardous substances
where all necessary public services and facilities are available and the
surrounding area is not environmentally sensitive.
The project is for the construction and operation of a 5,417 sq.ft. office
building in an urbanized area, which is below the 10,000 sq. ft. limit of the
exemption. The property is zoned for the office use and the project does
not involve the use of significant amounts of hazardous substances. All
necessary public services and facilities are available to the site. The
surrounding area is developed with schoo!, church and commercial uses
and is not environmentally sensitive.
Resolution
Plot Plan No. 2018-189
January 22,2020
Attest:
BE lT FURTHER RESOLVED, the Planning Commission of the City of Menifee
hereby approves Plot Plan No. 2018-189 subject to the following:
1. The Findings set out above are true and correct.
2. Plot Plan No. 2018-189 is hereby approved subject to the Conditions of
Approva! set forth in Exhibit "1' to this Resolution.
PASSED, APPROVED AND ADOPTED this the 22nd day of JANUARY, 2020.
, Chairman
Randy Madr;d
hanie Ro n, Deputy 6
Approved as to form:
Ajit , Assistant Ci
b'4 Vl€t -(lt at-
ty Attorney
b^n
Assessor's Parcel No.:
MSHCP Category:
DIF Gategory:
TUMF Category:
EXHIBIT 331"
CONDITIONS OF APPROVAL
Plot Plan No. 2018-189 "Baker Medical Building"
Plot Plan No. 2018-189 proposes the construction and
operation of an approximately 5,417 square foot 3-story
medical office building on a 0.64-acre parcel. Access to the
site will be from an existing driveway shared with the
Newport Plaza shopping center located on the adjoining
property to the east. A total of 28 parking stalls are proposed
for the project.
The site is located on the north side of Newport Road, west
of Bradley Road, and east of Winter Hawk Road in the City
of Menifee, County of Riverside, State of California.
338-170-028
Commercial
Service Commercial
Retai! or Service, depending on end user and as
determined by Western Riverside Council of Governments
(wRCOG)
Quimby Category: N/A
Approval Date: January 22,2020
Expiration Date: January 22,2023
Within 48 Hours of the Approval of This Project
1. Filinq Notice of Exemption (NOE). The applicanUdeveloper shall deliver to
the Planning Division a cashier's check or money order made payable to the
County Clerk in the amount of Fifty Dollars ($5O.OO1 for the Riverside County
Clerk administrative fee, to enable the City to file the Notice of Exemption
required under Public Resources Code Section 21152 and California Code of
Regulations Section 15062. Per Fish and Wildlife Code Section 711.4(c)(3),
a project shall not be operative, vested or final and local government permits
for the project shall not be valid until the filling fees required are paid.
2. lndemnification. ApplicanUdeveloper shall indemnify, defend, and hold
harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors,
Page 1 of 51
Planning Application No.:
Project Description:
consultants, and agents from and against any and all claims, liabilities, losses,
fines, penalties, and expenses, including without limitation litigation expenses
and attorney's fees, arising out of either the City's approval of the Project or
actions related to the Property or the acts, omissions, or operations of the
applicant/developer and its directors, officers, members, partners, employees,
agents, contractors, and subcontractors of each person or entity comprising
the 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 shal! be substantially
the same as the form agreement currently on file with the City.
Page 2 of 51
Section l: Gonditions Applicable to AII Departments
Section ll: Community Development Department
Gonditions of Approval
Section Ill: Engineering/Grading/Transportation
Conditions of Approval
Section lV: Building & Safety Conditions of Approval
Section V: Fire Department Conditions of Approval
Section VI: Riverside Gounty Department of
Environmental Health
Page 3 of 51
Section l:
Conditions Applicable to all
Departments
Page 4 of 51
General Conditions
3. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Plot Plan No. 2018-189 shall be henceforth
defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean
the Permittee of this project.
APPROVED EXHIBIT A = Site Plan for Plot Plan Permit No. 2018-189, dated
January 6,2020.
APPROVED EXHIBIT G = Preliminary Grading Plan for Plot Plan Permit No
2018-189, dated January 6, 2020.
APPROVED EXHIBIT B = Elevations for Plot Plan No. 2018-189, dated
January 6,2020.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No.2018-189, dated
January 6,2020.
APPROVED EXHIBIT L = Conceptual Landscaping and lrrigation PIan for Plot
Plan No. 2018-189, dated January 6, 2020.
APPROVED EXHIBIT M = Color and Materials Board for Plot Plan No.2018-
189, dated May 16, 2019.
4. Ninety (90) Days. The permittee has ninety (90) days from the date of approval
of these conditions to protest, in accordance with the procedures set forth in
Government Code Section 66020, the imposition of any and all fees,
dedications, reservations and/or other exactions imposed on this project as a
result of this approval or conditional approval of this project.
5. Gity of Menifee. The City of Menifee is a new City, incorporated on October 1,
2008; the City is studying and adopting its own ordinances, regulations,
procedures, processing and development impact fee structure. ln the future
the City of Menifee will identify and put in place various processing fees to
cover the reasonable cost of the services provided. The City also will identify
and fund mitigation measure under CEQA through development impact
fees. Such fees may include but are not limited to processing fees for the costs
of providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services, and
development impact fees to mitigate the impact of the development proposed
on public improvements. To the extent that Menifee may develop future
financing districts to cover the costs of maintenance of improvements
constructed by development, Permittee agrees to petition for formation of,
annexation to or inclusion in any such financing district and to pay the cost of
such formation, annexation or inclusion if the process occurs prior to release
of occupancy.
Page 5 of 51
The permittee acknowledges it is on notice of the current development fees
and understands that such fees will apply at the levels in effect at the time the
fee condition must be met as specified herein.
6. Causes for Revocation. ln the event the use hereby permitted under this Plot
Map a) is found to be in violation of the terms and conditions of this permit, b)
is found to have been obtained by fraud or perjured testimony, or c) is found to
be detrimental to the public health, safety or general welfare, or is a public
nuisance, this permit shall be subject to the revocation procedures.
7. Business Registration. Every person conducting a business within the City
of Menifee shall obtain a business license, as required by the Menifee
Municipa! Code. For more information regarding business registration, contact
the City of Menifee.
8. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
9. Expiration Date. This approval shall be used within three (3) years of the
approval date; othenruise, it shall become null and void and of no effect
whatsoever. By use is meant the beginning of substantial construction
contemplated by this approval within the three (3) year period which is
thereafter diligently pursued to completion or to the actual occupancy of
existing buildings or land under the terms of the authorized use. Prior to the
expiration of the three-year period, the permittee may request one (1) of up to
two (2) one (1) year extensions of time in which to begin substantial
construction or use of this permit. Should the time period established by any of
the extension of time requests lapse, or should both two one-year extensions
be obtained and no substantial construction or use of this plot plan be initiated
within five (5) years of the effective date of the issuance of this plot plan, this
plot plan shall become null and void.
Page 6 of 51
Section ll:
Gommunitv Develo pment
Department Gondition sof
Approval
Page 7 of 51
General Conditions
10. Gomply with Ordinances. The development of these premises shall comply
with the standards of Ordinance No. 348 (hereinafter Ordinance No. 348), as
adopted by the City of Menifee, City of Menifee Municipal Code and all other
applicable ordinances and State and Federal codes and regulations.
The development of the premises shall conform substantially with that as
shown on APPROVED EXHIBIT A, B, C, G, L, and tvl unless otherwise
amended by these conditions of approval.
1 1. 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.
12. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT B and M.
13. Parking. Based on the Ordinance 348, Section 18.12, parking forthe project
is calculated as "office use" and utilizes a parking ratio of 1 spaces / 200 sq.
ft. of office area. Therefore, the minimum number of required parking spaces
for the proposed project is twenty-eight (28) including one (1) parking space
for persons with disabilities.
Office
Building 5,417 sq. ft 1 space I 200 sq. ft.
of office floor area.28 28
J
A minimum of twenty-eight (28) parking spaces shall be provided as shown on the
APPROVED EXHIBIT A. Any reduction in the number of parking stalls provided
shall be reviewed against the parking requirements of Ordinance No. 348, Section
18.12, and approved by the Community Development Director.
The parking area shall be surfaced with asphaltic concrete, concrete, or porous
paving, to current standards as approved by the Department of Building and
Safety.
ADA Parking Spaces:
A minimum of one (1)accessible parking space within the proposed project site
(for PP 2018-189), as shown on APPROVED EXHIBIT A for persons with
disabilities shall be provided consistent with ADA requirements and as approved
by the City of Menifee Building and Safety Department. The location of ADA
parking and paths of travel will be finalized on the final site plan of the proposed
project.
Bicycle Racks:
Page 8 of 51
Use Serving Area Ratio Parking
Required
Parking
Provided
Bicycle racks or lockers with a minimum of two (2) spaces shall be provided as
shown on APPROVED EXHIBIT A to facilitate bicycle access to the project area.
The bicycle racks shall be shown on project landscaping and improvement plans
submitted for Community Development Department approval and shall be installed
in accordance with those plans. Bicycle rack designs that employ a theme are
highly encouraged.
15. No Signage Approval. No signage either affixed to the building or
monument (freestanding) signage has been approved as part of this
application. Any future signs will need to be reviewed and approved under
a separate Minor Plot Plan.
16. No Outdoor Advertising. No outdoor advertising display, sign or billboard
(not including on-site advertising or directional signs) shall be constructed or
maintained within the property subject to this approval.
17. 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.
18. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this Plot Plan as a principal place of
residence. No person shall be entitled to vote using an address within the
premises as a place of residence.
19. Exterior Noise Levels. Facility-related noise, as projected to any portion of
any surrounding property containing a "sensitive receiver, habitable
dwelling, hospital, school, library or nursing home", must not exceed the
following worst-case noise levels 45 dB(A) - 10 minute noise equivalent level
("leq"), between the hours of 10:00 p.m. to 7.00 a.m. (nighttime standard)
and 65 dB (A) - 10 minute leq, between 7:00 a.m. and 10:00 p. m. (daytime
standard).
20. No Outdoor Storage. No outdoor storage is allowed within the site. For
example, no storage lockers, sheds, metal container bins, or metal shipping
containers will be allowed to be kept onsite unless reviewed and approved
by the Community Development Department.
20. Rules for Gonstruction Activities. The applicant shall adhere to the Best
Available Control Measures (BACMs). SCAQMD Rules that are currently
applicable during construction activity for the project include but are not
limited to: Rule 1113 (Architectura! Coatings); Rule 431.2 (Low Sulfur Fuel);
Rule 403 (Fugitive Dust); and Rule 1186 11186.1 (Street Sweepers). The
specific Rule 403 regulatory requirements that are applicable to the project
are as follows:
All clearing, grading, earth-moving, or excavation activities shall cease
when winds exceed 25 mph per SCAQMD guidelines in order to limit
fugitive dust emissions.
The contractor shall ensure that all disturbed unpaved roads and
disturbed areas within the project are watered at least three times daily
a
a
Page 9 of 51
during dry weather. Waterrng, with complete coverage of disturbed
areas, shall occur at least three times a day, preferably in the
midmorning, afternoon, and after work is done for the day.
lmplementation of this measure is estimated to reduce PMro and PMz s
fugitive dust emissions by approximately 61%.
The contractor shall ensure that traffic speeds on unpaved roads and
project site areas are reduced to 15 miles per hour or Iess to reduce
PMro and PMz.s fugitive dust hau! road emissions by approximately
44%.
21. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule
402 which prohibits a person from discharging any source quantities of air
contaminants or other material which cause injury, nuisance, or annoyance
to any considerable number of persons or to the public.
22. Recreational Vehicle Parking. No overnight recreational vehicle parking
or camping will be allowed within the site.
23. Outdoor Events/Temporary Uses. A temporary use permit shall be
required for outdoor events and/or temporary uses as described in Menifee
Municipal Code Chapter 9.6 and include, but not limited to, Farmer's
Markets, art and car shows, and sidewalk sales.
a
Archeology
24.Human Remains. lf human remains are encountered, State Health and
Safety Code Section 7050.5 states that no further disturbance shall occur
until the Riverside County Coroner has made the necessary findings as to
origin. Further, pursuant to Public Resource Code Section 5097.98(b)
remains shall be left in place and free from disturbance until a final decision
as to the treatment and disposition has been made. 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 Iikely
descendant shal! then make recommendations and engage in consultation
concerning the treatment of the remains as provided in Public Resources
Code Section 5097.98.
25. Non-Disclosure of Location Reburials. lt is understood by all parties that
unless othenrvise required by law, the site of any reburia! of Native American
human remains or associated grave goods shall not be disclosed and shall
not be governed by public disclosure requirements of the California Public
Records Act. The Coroner, pursuant to the specific exemption set forth in
California Government Code 6254 (r)., parties, and Lead Agencies, will be
asked to withhold public disclosure information related to such reburial,
pursuant to the specific exemption set forth in California Government Code
6254 (r).
26. lnadvertent Archeological Find. lf during ground disturbance activities,
Page 10 of 51
unique cultural resources are discovered that were not assessed by the
archaeolog ica! report(s) and/or environmental assessment conducted prior
to project approval, the following procedures shall be followed. Unique
cultural resources are defined, for this condition only, as being multiple
artifacts in close association with each other, but may include fewer artifacts
if the area of the find is determined to be of significance due to its sacred or
cultural importance as determined in consultation with the Native American
Tribe(s).
i. Al! ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
developer, the archaeologist, the tribal representative(s) and the
Community Development Director to discuss the significance of the find.
ii. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
iii. Grading of further ground disturbance shal! 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.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Management Plan and lMonitoring
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.
v. Pursuantto Calif. Pub. Res. Code S 21083 2(b) avoidance is the preferred
method of preservation for archaeologica! resources and cultural
resources. lf the landowner and the Tribe(s) cannot agree on the
significance or the mitigation for the archaeological or cultural resources,
these issues will be presented to the City Community Development
Director for decision. The City Community Development Director shall
make the determination based on the provisions of the California
Environmental Quality Act with respect to archaeological resources,
recommendations of the project archeologist and shall take into account
the cultural and religious principles and practices of the Tribe.
Notwithstanding any other rights available under the law, the decision of
the City Community Development Director shall be appealable to the City
Planning Commission and/or City Counci!."
2T.Cultural 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:
Page11of51
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-ln-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 until 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 IV
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 letterfrom 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 shall 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.
28. lnadvertent Paleontological Find. Should fossil remains be encountered
during site development:
i. All site earthmoving shall be ceased in the arca of where the fossil remains
are encountered. Earthmoving activities may be diverted to other areas of
the site.
ii. The applicant shall retain a qualified paleontologist approved by the
County of Riverside.
iii. The paleontologist shall determine the significance of the encountered
fossil remains.
iv. Paleontological monitoring of earthmoving activities will continue thereafter
on an as-needed basis by the paleontologist during all earthmoving
activities that may expose sensitive strata. Earthmoving activities in areas
Page 12 of 51
of the project area where previously undisturbed strata will be buried butnot othenrise 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.
v. lf fossil remains are encountered by earthmoving activities when the
paleontologist is not onsite, these activities will be diverted around the
fossi! site and the paleontologist called to the site immediately to recover
the remains.
vi. 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 Iabeled
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 qualified scientific investigators.
*The City of Menifee must be consulted on the repository/museum to receive the
fossil materia! prior to being curated.
Landscaping
29. lnterim Landscaping. Graded but undeveloped land shall be maintained in
a condition so as to prevent a dust and/or blow sand nuisance and shall be
either planted with interim landscaping or provided with other wind and water
erosion control measures as approved by the Community Development
Department and the South Coast Air Quality Management District
(scAoMD).
30. Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition throughout the life of this permit. To
ensure that this occurs, the Community Development Department shal!
require inspections in accordance with the building permit landscaping
install and inspection condition.
31 . Landscape Plans. All landscaping plans shall be prepared in accordance
with the City's Water Efficient Landscape Ordinance. Such plans shall be
reviewed and approved by the Community Development Department, and
the appropriate maintenance authority.
32. Maintenance of Landscaping. All private landscaping shall be maintained
by a property owners association, individual property owner, or as othenruise
Page 13 of 51
Fees
established by CC&Rs. All landscaping, and similar improvements not
properly maintained by a property owners association or individual property
owners must be annexed into a Lighting and Landscape District, or other
mechanism as determined by the City of Menifee.
33. Crime Prevention through Environmental Design Guidelines. All plants,
landscaping and foliage shall fall within current CPTED (Crime Prevention
through Environmental Design) guidelines.
34. Subsequent Submittals. Any subsequent submittals required by these
conditions of approva!, including but not limited to grading plan, building plan
or mitigation monitoring review, shall be reviewed on an hourly basis
(research fee), or other such review fee as may be in effect at the time of
submittal, as required by Resolution No. 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 lssuance of Grading Permit
35. Precise Grading Plan Review. The Community Development Department
shall review the precise grading plan for consistency with the approved site
plan and conceptual grading plan (Approved Exhibits A and G) and the
conditions of approval.
36. Fugitive Dust Gontrol. The permittee shall implement fugitive dust contro!
measures in accordance with Southern California Air Quality Management
District (SCAOMD) Rule 403. The permittee shall include in construction
contracts the control measures required under Rule 403 at the time of
development, including the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius)
must be swept (preferably with water sweepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a 10 percent
surface soil moisture content throughout all earth moving activities. All
unpaved demolition and construction areas shall be wetted at least twice
daily during excavation and construction, and temporary dust covers shall
be used to reduce dust emissions and meet SCAQMD District Rule 403.
Wetting could reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least three
times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible
dirt deposition;
Page 14 of 51
e Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. lnsta!! wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
l. Suspend excavation and grading activity when winds (instantaneous
gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as to
prevent excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
q. lnstall wheel washers for all exiting trucks, or wash off the tires or tracks
of all trucks and equipment leaving the site;
r. All materials transported off-site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction
site that identifies the permitted construction hours and provides a telephone
number to call and receive information about the construction project or to
report complaints regarding excessive fugitive dust generation. Any
reasonable complaints shall be rectified within 24 hours of their receipt.
37. Nesting Bird Survey. To avoid impacting nesting birds, one of the following
Page 15 of 51
Fees
must be implemented:
Conduct grading or ground disturbance activities from September 16th
through January 31st, when birds are not likely to be nesting on the site;
OR
Conduct pre-construction surveys for nesting birds if construction is to take
place during the nesting season (February 1st through September 1sth). A
qualified wildlife biologist shall conduct a pre-construction nest survey no
more than 14 days priorto initiation of grading to provide confirmation of the
presence or absence of active nests on or immediately adjacent to the
project site. lf active nests are encountered, species-specific measures
shall be prepared by a qualified biologist and implemented to prevent
abandonment of the active nest. At a minimum, grading in the vicinity of the
nest shal! be deferred until the young birds have fledged. A minimum
exclusion buffer of 100 feet shall be maintained during construction,
depending on the species and location. The perimeter of the nest-setback
zone shall be fenced or adequately demarcated with staked flagging at 20-
foot intervals, and construction personne! and activities restricted from the
area. A survey report by the qualified biologist verifying that (1) no active
nests are present, or (2) that the young have fledged, shall be submitted to
the City prior to initiation of grading in the nest-setback zone. The qualified
biologist shall serye as a construction monitor during those periods when
construction activities occur near active nest areas to ensure that no
inadvertent impacts on these nests occur. A report of the findings prepared
by a qualified biologist shal! be submitted to the City prior to ground
disturbance and/or issuance of a grading permit.
39. Fees. Prior to the issuance of grading permits for PP 2018-189, the
Community Development Department shall determine the status of the
deposit-based fees. lf the fees are in a negative status, the permit holder
shall pay the outstanding balance.
Page 16 of 51
38. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit or
ground disturbance, the permittee shall comply with the provisions of
Ordinance No. 663, which generally requires the payment of the appropriate
fee set forth in that ordinance. The amount of the fee required to be paid
may vary depending upon a variety of factors, including the type of
development application submitted and the applicability of any fee reduction
or exemption provisions contained in Ordinance No. 663. Said fee shall be
calculated on the approved development project which is anticipated to be
.64 acres (gross) in accordance with APPROVED EXHIBIT A. lf the
development is subsequently revised, this acreage amount may be modified
in order to reflect the revised development project acreage amount. ln the
event Ordinance No. 663 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 663 be rescinded and
superseded by a subsequent mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
Prior to lssuance of Building Permit
40. Submit Building Plans. Prior to the issuance of a building permit, the
permittee shall submit building plans with the City of Menifee Building and
Safety Department for building permits. The building plans shall be in
substantial conformance with APPROVED EXHIBIT A, B, C, G, L, and M.
Building and Safety will require the following items:
1 . To the extent the City of Menifee has adopted the 2019 edition of the
Californta Building, Mechanical, Electrical and Plumbing, Energy and
Green Codes prior to Plans being submitted for first plan check, plans shall
be designed to the provisions of the 2019 edition of the California Building,
Mechanical, Electrical and Plumbing, Energy and Green Codes (or
subsequent edition adopted by the City, if adopted by the City of Menifee
prior to Plans being submitted for first plan check).2. Five (5) sets of plan drawings shall be submitted along with two (2) copies
of structural and Title 24 Energy documentation.3. Two (2) sets of precise grading plans shall be submitted at time of building
plan review submittal. Showing all disabled access paths of trave!, cross
and directional slope percentages, site accessibility features and details.4. All exterior lighting shall comply with Ordinance 6.01, "Dark Sky
Ordinance".5. All exterior lighting shal! fall within current commercial standards.6. Separate plan submitta! will be required to Riverside County Fire along with
a formal transmittal issued by Building and Safety.
41. Elevations. Elevations of all buildings and structures submitted for building
plan check approval shall be in substantial conformance with the elevations
shown on APPROVED EXHIBIT B.
lf building plans are proposed that alter the elevations as shown on
APPROVED EXHIBIT B a plot plan application pursuant to Ordinance No.
348, Section 18.30.a.(1), or subsequent City ordinance (Plot Plans not
subject to the California Environmental Quality Act and not subject to review
by any governmental agency other than the Community Development
Department), along with the current fee shall be submitted to the Community
Development Department for review and approval. lf substantial
modifications are proposed to the elevations, the Community Development
Director may determine that Planning Commission review and approval is
required.
42.Floor Plans. Floor plans shall be in substantial conformance with that
shown on APPROVED EXHIBIT C.
43. Lighting. The building plans shall show the location and types of light
fixtures that will be within the project site and on the building. Lighting
fixtures shall be decorative. Shoe-boxtype lighting will not be allowed. The
types of lighting fixtures used shall be subject to Community Development
Department approval. The location of lighting shown on the building is for
conceptual purposes only and may be relocated during the building plan
Page 17 of 51
check.
All parking lot lights, and other outdoor lighting shall be shown on electrical
plans submitted to the Department of Building and Safety for plan check
approval and shall comply with the requirements of the City of Menifee
Municipal Code Chapter 6.01 and the General Plan.
44. Roof-Mounted Equipment Plans. Roof-mounted equipment shall be
shielded from ground view. All building plans shall show all roof-mounted
equipment and methods for screening and shall be submitted to the
Community Development Department for review and approval prior to
Building Permit issuance. The plans shall be approved prior to issuance of
a Building Permit. Screening material shall be subject to Community
Development Department approval. Community Development staff will
verify that all roof-mounted equipment has been screened in compliance
with the approved plans prior to final occupancy.
45. Enhanced Paving. Building plans shall show enhanced paving consistent
with Approved Exhibits A and L.
46. Electrical Cabinets. Al! electrical cabinets shall be located inside a room
that is architecturally integrated into the design of the building.
47. Screening of Accessory Structures. Screening of trash receptacles within
trellised enclosures and encasing mechanical equipment within smal!
structures compatible in color and materials to the adjacent landscaping or
the primary structures shall be required, and methods of screening shal! be
included on building plans and/or landscaping plans.
48. Security Systems. Prior to the issuance of Building Permits, the applicant
shall prepare a security plan for the site. The security plan for this project
shall include a comprehensive security camera system that provides 360-
degree coverage on the outside of the buildings and clearly depicts the
entire parking field, parking lot entrances and exits, and building entrances.
This security camera system shall be based in one of the buildings
containing the management office for this development, or inside a security
office Iocated within one of the retail buildings or other place acceptable to
the Sheriff's Department, that is accessible to law enforcement at all times
of the day and night. This security camera system shall have a recording
capacity to minimally save footage for the period of one month. The plan
shall be approved prior to issuance of Building Permits.
ln addition, the trash enclosure shall be properly secured and have a lock
as well as a covering to keep unauthorized persons from entering the
dumpster area to dig through the trash.
The Sheriff's Department shall verify that the security system and trash
enclosure requirements has been installed prior to final occupancy.
Landscap:ng
Page 18 of 51
49. Performance Securities. Performance securities, in amounts to be
determined by the Director of Community Development to guarantee the
installation of plantings, irrigation system, walls and/or fences, in
accordance with the approved plan, shall be filed with the Department of
Community Development. Securities may require review by City Attorney
and other staff. Permit holder is encouraged to allow adequate time to
ensure that securities are in place. The performance security may be
released one year after structura! final, inspection report, and the One-Year
Post Establishment report confirms that the planting and irrigation
components have been adequately installed and maintained. A cash
security shall be required when the estimated cost is $2,500.00 or less.
50. Landscape and lrrigation Plans. The permittee shall submit three (3) sets
of Final Landscaping and lrrigation Plans to the Community Development
Department for review and approval. Said plan shall be submitted to the
Division in the form of a plot plan application pursuant to Ordinance No. 348,
Section 18.30.a.(1) (Plot Plans not subject to the California Environmental
Quality Act and not subject to review by any governmental agency other
than the Community Development Department) and Menifee Municipal
Code Section 9.86, along with the current fee.
The plan shall be in substantial conformance with APPROVED EXHIBIT L,
Menifee Municipal Code Chapters 9.86 and 15.04, and the conditions of
approval. The plan shall show all common open space areas. The plan shall
address all areas and conditions of the project requiring landscaping and
irrigation to be installed. Emphasis shal! be placed on using plant species
that are drought tolerant and which have low water usage. Landscaping and
lrrigation Plot Plans shal! be prepared consistent with Menifee Municipal
Code Chapters 9.86 and 15.04 (as adopted and any amendments thereto),
the Riverside County Guide to California Landscaping, Eastern Municipal
Water District requirements and Ordinance No. 348, Section 18.12.
Landscaping plans for areas that are totally within the road right-of-way shall
be submitted to the Engineer Department only. Slope Landscaping plans for
slopes exceeding 3 feet in height shall be submitted to the Engineering
Department. NOTES: The Landscape plot plan may include the
requirements of any other minor plot plan required by the subdivision
conditions of approval. However, minor plot plan conditions of approval shall
be cleared individually.
The location, number, genus, species, and container size of plants shall be
shown. Plans shall meet all applicable requirements of Menifee Municipal
Code Chapters 9.86 and 15.04 (as adopted and any amendments thereto),
the Riverside County Guide to California Friendly Landscaping, Eastern
Municipal Water District requirements and Ordinance No. 348, and Sections
18.12
Curb and Walkway on End Stall Planters. A six-inch-h igh curb with a twelve
(12) inch wide walkway shall be constructed along planters on end stalls
adjacent to automobile parking areas. Public parking areas shall be
Page 19 of 51
Fees
designed with permanent curb, bumper, or wheel stop or similar device so
that a parked vehicle does not overhang required sidewalks, planters, or
landscaped areas.
Director Authority to Delel The Commun ity Development Director shall
have the authority to defer the requirement that the landscape and irrigation
plans be approved prior to building permit issuance. Any deferral of the
approval of the plans will be based on the status of the plans and severity
of outstanding corrections. However, the requirement to submit plan prior
to building permit issuance shall not be deferred.
51. Landscape lnspections. Prior to issuance of building permits, the permit
holder shall open a Landscape Deposit Based Fee case and deposit the
prevailing deposit amount to cover the pre installation, installation, Six
Month, and One Year Landscape lnspections. The amount of hours for pre
installation, installation, Six Month, and One Year Landscape lnspections is
estimated to be $5,000.
52. Fees. Prior to issuance of building permits, the Community Development
Department shall determine if the deposit-based fees for project are in a
negative balance. If so, any outstanding fees sha!! be paid by the permittee.
53. Ordinance No. 17-232 (DlF). Prior to issuance of certificate of occupancy,
the applicant shall comply with the provisions of Ordinance No. 17-232,
which requires the payment of the appropriate fee set forth in the Ordinance.
Ordinance No. 17-232 has been established to set forth policies, regulations
and fees related to the funding and construction of facilities necessary to
address the direct and cumulative environmenta! effects generated by new
development projects described and defined in this Ordinance, and it
establishes the authorized uses of the fees collected.
!n the event Ordinance No. 17-232 is rescinded, this condition wil! no longer
be applicable. However, should Ordinance No. 17-232 be rescinded and
superseded by a subsequent City mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shal! be required.
54. Menifee Union School District. lmpacts to the Menifee Union School
District shall be mitigated in accordance with California State law.
55. Perris Union High School District. lmpacts to the Perris Union High
School District shall be mitigated in accordance with California State law.
Prior to Final lnspection
56. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on the APPROVED EXHIBIT B.
57. Roof Mounted Equipment. Prior to final occupancy, Community
Page 20 of 51
Development staff will verify that all roof-mounted equipment has been
screened in compliance with the approved plans.
58. Utilaties Underground. All utilities, except electrica! lines rated 33 kV or
greater, shall be installed underground. lf the permittee provides to the
Department of Building and Safety and the Community Development
Department a definitive statement from the utility provider refusing to allow
underground installation of the utilities they provide, this condition shall be
null and void with respect to that utility.
59. Lighting. Exterior lighting shall be consistent with the approved lighting
plans.
60. Condition Compliance. The Community Development Department shall
verify that the Development Standards and all other preceding conditions
have been complied with prior to any use allowed by this permit.
61 . Security Systems. The Riverside County Sheriff Department and/or
Community Development Department shall verify that the security system
has been installed and the trash enclosure has been property secured in
compliance with the Riverside County Sheriff Department's requirements
prior to final occupancy.
62. Final Planning lnspection. The permittee shal! obtain final occupancy sign-
off from the Community Development Department for each building permit
issued by scheduling a final Planning inspection prior to the final sign-off
from the Building Department. Planning staff shall verify that all pertinent
conditions of approval have been met, including compliance with the
approved elevations, site plan, parking lot layout, etc. The permittee shall
have all required paving, parking, walls, site lighting, landscaping and
automatic irrigation installed and in good condition.
Landscaping
63. Soil Management Plan. The permittee shall submit a Soil Management
Plan (Report) to the Community Development Department before the
Landscape lnstallation lnspection. The report can be sent in electronically.
lnformation on the contents of the report can be found in the County of
Riverside Guide to California Friendly Landscaping page 16, #7 , "What is
required in a Soil Management Plan?"
64. Landscape/lrrigation lnstall lnspection. The permittee landscape
architect responsible for preparing the Landscaping and lrrigation Plans
shal! arrange for a Pre-Landscape installation inspection and a Landscape
Completion lnstallation lnspection with the Community Development
Department. The pre-landscape inspection shall be arranged at least fifteen
(15) working days prior to installation of landscaping. The landscape
completion inspection shall be arranged at least fifteen (15) working days
prior to final inspection of the structure or issuance of occupancy permit,
whichever occurs first. A One Year Post-Establishment lnspection will also
be required. The Community Development Department will require a
Page 21 of 51
Fees
deposit in order to conduct the landscape inspections.
65. Landscape lnstallation. All required landscape planting and irrigation,
including but not limited to onsite, shall have been installed in accordance
with approved Landscaping, lrrigation, and Shading Plans, Menifee
Municipal Code Chapter 15.04 (as adopted and any amendments thereto),
Eastern Municipal Water District requirements and the Riverside County
Guide to California Landscaping. All Iandscape and irrigation components
shall be in a condition acceptable to the Community Development
Department. The plants shall be healthy and free of weeds, disease or pests.
The irrigation system shall be properly constructed and determined to be in
good working order.
66. Final Landscape Approval. The final landscape approval following
installation shall be subject to the review and approval of the City's
Landscape Architectural Consultant and the Community Development
Director. The Community Development Director may require additional
trees, shrubs and/or groundcover as necessary, if site inspections reveal
landscape deficiencies that were not apparent during the plan review
process.
67. Open Space Fee (MSHCP). Prior to the issuance of a certificate of
occupancy, or upon building permit final inspection prior to use or occupancy
for cases without final inspection or certificate of occupancy (such as an
SMP), whichever comes first, the permittee shall comply with the provisions
of City Ordinance No. 810 (hereinafter Ordinance No. 810), which requires
the payment of the appropriate fee set forth in the Ordinance.
ln the event Ordinance No. 810 is rescinded, this condition will no longerbe
applicable. However, should Ordinance No. 810 be rescinded and
superseded by a subsequent mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
68. Fees. Prior to issuance of occupancy/final inspections, the Community
Development Department shall determine if the deposit-based fees for
project are in a negative balance. lf so, any outstanding fees shal! be paid
by the permittee.
Page 22 of 51
Section lll:
Enqineeri nq/Trans portationl
Gradinq Gonditions of Approval
Page 23 of 51
The following are the City of Menifee Public Works / Engineering Department (Public
Works / Engineering Department) Conditions of Approval for this development project,
which shall be satisfied at no cost to the City or any other Government Agency. All
questions regarding the intent of the following conditions shall be referred to the Public
Works / Engineering Department, Land Development Section. The developer / property
owner shall use the standards and design criteria stated in the following conditions, and
shall comply with al! 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
69. Conditions of Approval Supersede Plans and Exhibits - lt is understood
that all required plans and exhibits for this project must correctly show
existing and proposed facilities, acceptable dimensions, centerline
elevations, all existing easements, traveled ways, cross sections, and other
required information. Any omission or unacceptability may require this
documentation to be resubmitted for further consideration. ln the event that
there is a conflict between what is shown on the required plans and exhibits
and these conditions, these conditions will supersede what is shown on the
plans and exhibits. All questions regarding the true meaning of these
conditions shall be referred to the Public Works / Engineering Department.
70. Guarantee for Required Improvements - Prior to the issuance of a
grading permit or building permit, financial security shall be provided to
guarantee the construction of all required improvements associated with the
proposed development. The Public Works Director / City Engineer may
require the dedication and construction of necessary utilities, streets or other
improvements outside the project area if the improvements are needed for
circulation, parking and access or for the welfare and safety of future
occupants of the development project.
71. Bond Agreements and lmprovement Security To guarantee the
construction of all required improvements, the developer / property owner
shal! enter into security agreements and post bonds in accordance with
applicable City policies and ordinances. The improvements shall include as
applicable, but not be limited to, the following: onsite / offsite grading, raised
medians along Newport Road, water and sewer lateral trenches and repairs,
and water quality Best Management Practices (BMPs).
T2.Existing Easements - The final improvement plans and grading plans (if
applicable) shall correctly show all existing easements, traveled ways and
drainage courses with appropriate drainage flows. The final plans shall also
correctly show all proposed easements and dedications to support the
development project. Any omission or misrepresentation of these
documents may require said plans to be resubmitted for further
consideration.
73. 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
Page 24 of 51
registered civil engineer or other registered / licensed professiona! as
required.
74.Plan Check Submittal Process - Appropriate plan check submittal forms
shall be completed and submittal check list provided that includes required
plan copies, necessary studies / reports, references, fees, deposits, etc.
Prior to final approval of improvement plans by the Public Works t
Engineering Department, the developer / property owner shall submit to the
Public Works / Engineering Department CAD layers of all improvements tobe 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 .dbf) 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.
75. Plan Approvals - A!! required improvement plans and grading plans must
be approved by the Public Works / Engineering Department prior to issuance
of any construction and I or grading permit. Supporting City-approved
studies including, but not limited to, hydrologic and hydraulic studies and
traffic studies must be provided prior to approval of plans.
76. As-Built Plans Upon completion of all required improvements, the
developer / property owner shall cause the civil engineer of record to as-built
all project plans, and submit project base line of workforall 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 shal! pay
a scanning fee to cover the cost of scanning the as-built plans. The timing
for submitting the as-built plans shal! be as determined by the Public Works
Director / City Engineer.
77. Construction Activities and Times of Operation - The developer /
property owner shall monltor, 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 located within one-fourth of a mile from an
occupied residence shall be permitted Monday through Saturday, except
nationally recognized holidays,6:30 a.m. to 7:00 p.m. There shall be no
construction permitted on Sunday or nationally recognized holidays unless
approval is obtained from the City Building Official or City Engineer. (Ord.
201 0-83, passed 1 1-16-201 0)
(b) Removal of spoils, debris, or other construction materials deposited on any
public street no later than the end of each working day.
Page 25 of 51
(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 developer / property owner to remedies as set forth in the City
Municipal Code. ln addition, the Public Works Director / City Engineer or
the Building Official may suspend all construction related activities for
violation of any condition, restriction or prohibition set forth in these
conditions until such a time it has been determined that all operations and
activities are in conformance with these conditions.
(d) A Pre-Construction meeting is mandatory with the City's Public Works
Senior lnspector prior to start of any construction activtties for this site.
78. Dry Utility lnstallations - 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 lines
which are 33.6 kilovolts (kV) or below along the project frontage and within
the project boundaries. ln cases where 33.6kV or below lines are collocated
with high voltage lines (for example, 1 15kV), the low voltage lines shall still
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.
B. GRADING
All grading activities shall conform to the latest adopted edition of the California Building
Code, City Ordinances on grading, applicable City design standards and specifications,
City ordinances, policies, rules and regulations governing grading in the City.
Prior to Gradinq Permit
79. Geotechnical Report - The following documentation was reviewed and
approved by the City:
1. "Preliminary Geotechnical lnterpretive Report, Proposed Commercial
Arledical Building, Assessor's Parcel Number 338-170-028, Lot Number 2
of Parcel Map Number 37103, Located at 26900 Newport Road, City of
Menifee, Riverside County, California", prepared by Earth Strata
Geotechnical Services, lnc., dated May 11,2018.
A Final geotechnical report shall be submitted to and approved by the Public
Works / Engineering Department prior to the issuance of a grading permit.
Two copies of the City-approved fina! geotechnical report shall be submitted
to the Public Works / Engineering Department. The developer / property
owner shall comply with the recommendations of the report and City
standards and specifications. All grading shall be done in conformance with
Page 26 of 51
the recommendations of the report, and under the general direction of a
licensed geotechnical engineer.
80. Grading Permit for Glearing and Grubbing - A grading permit is required
from the Public Works / Engineering Department prior to any clearing,
grubbing, oI any topsoil disturbances related to construction grading
activities involving 50 or more cubic yards of soil.
81. Erosion Control PIans - All grading plans shall require erosion control
plans prior to approval. Graded but undeveloped land shall provide, in
addition to erosion control measures, drainage facilities deemed necessary
to control or prevent erosion. Erosion and sediment control BMPs are
required year-round in compliance with all applicable City of Menifee
standards and ordinances and the National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit
from the California State Water Resources Contro! Board (SWRCB).
Additional erosion protection may be required during or before an
anticipated rain event.
82. Grading Bonds Prior to issuance of a grading permit, adequate
performance grading security shall be posted by the developer / property
owner with the Public Works / Engineering Department.
83. lmport / Export - Prior to issuance of a grading permit, grading plans
involving import or export of dirt shal! require approval of the import / export
locations from the Public Works / Engineering Department, which may
include submittal of a soils report for review and approval by the Public
Works Director / City Engineer. A haul route must be submitted for approva!
by the Public Works / Engineering Department prior to grading operations.
84. Offsite Grading Easements - Prior to the issuance of a grading permit, the
developer / property owner shall obtain all required easements and / or
permissions to perform offsite grading from affected land owners. Notarized
and recorded agreements or documents to the satisfaction of the Public
Works Director / City Engineer, authorizing the offsite grading, shall be
submitted to the Public Works / Engineering Department.
DESIGN G UIDELINES
85. Temporary Erosion Control Measures 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 Public
Works / Engineering Department for review and approval.
86. Dust Gontrol - During actual grading, all necessary measures to contro!
dust shal! be implemented by the developer / property owner in accordance
with Air Quality Management District (AOMD) requirements. A watering
device shall be present and in use at the project site during all grading
operations.
Page 27 of 51
87. Use of Maximum and Minimum Grade Criteria - Actual field construction
grades shall not exceed the minimum and maximum grades specified by the
Americans with Disabilities Act and approved project grading design, to
allow for construction tolerances. Any improvement that is outside of the
minimum and maximum values will not be accepted by the City lnspector,
and will have to be removed and replaced at the expense of the developer /
property owner.
Prior to Buildins Permit
88. No Buitding Permit without Grading Permit - Prior to issuance of any
building permit, the developer / property owner shal! obtain a grading permit
and I or approva! to construct from the Public Works / Engineering
Department.
89. Final Rough Grading Conditions - Prior to issuance of each building
permit, the developer / property owner shall cause the Civil Engineer of
Record and Soils Engineer of Record for the approved grading plans to
submit signed and wet stamped rough grade certification and compaction
test reports with 90% or better compaction. The certifications shall use City-
approved forms, and shall be submitted to the Public Works / Engineering
Department for verification and acceptance.
90. Rough Grade Conformance to Elevations / Geotechnical Compaction
- Rough grade elevations for all building pads and structure pads submitted
for grading plan check approval shall be in substantia! conformance with the
elevations shown on the approved grading plans. Compaction test
certification shall be in compliance with the approved project geotechnical /
soils report.
Prior to Certificate of Occupancv
91 . Final Grade Certification - The developer / property owner shall cause the
Civil Engineer of Record for approved grading plans to submit signed and
wet stamped final grade certification on City-approved forms, for each
building requesting a certificate of occupancy. The certification shal! be
submitted to the Public Works / Engineering Department for verification and
acceptance.
92. Final Grade Conformance to Elevations - Final grade elevations of all
building or structure finish floors submitted for grading plan check approval
shall be in substantial conformance with the elevations shown on the
approved grading plans.
C. DRAINAGE
General Conditions
93. Proposed Drainage Concept - The site is relatively flat, and drains
northerly to the Bradley Road Channel, which is owned and maintained by
the Riverside County Flood Control and Water Conservation District (Flood
Page 28 of 51
Control District), then flows northerly to Salt Creek, then westerly to Canyon
Lake. Adjacent drainage includes storm drain flow from the east, from the
existing shopping center into the project site. Minimal storm water enters
the project site from the west, and no storm water enters from the north orsouth. The developer is proposing to route onsite flows from this
development project to a bio-treatment system (Modular Wetland) at the
northwestern corner of the project site, before out-letting to the existing
Bradley Road Channe! . Offsite flows from Newport Road flow westerly
along the north side of Newport Road away from the project site and into the
Bradley Road Channel. Prior to the issuance of a grading permit, during
final engineering, plans shall be provided that show how the treated onsite
flows will outlet to the existing Bradley Road Channel. These plans shall be
subject to the review and approval of the Riverside County Flood Control
and Water Conservation District (Flood Control District) and the City's Public
Works / Engineering Department. All onsite water qualitv / drainaqe
svstems must be constructed and operational orior the issuance of
a Certificate of Occupancy.
94. Trash Racks and Ful! Capture Devices - City-approved Trash Racks and
Full Capture Devices shall be installed at all inlet structures that collect runoff
from open areas with potential for large, floatable debris.
95. Cooperative Agreement with the FIood Control District - The developer
/ property owner may be required to enter into a cooperative agreement with
the Flood Control District regarding the terms of the design, construction and
operation of any facilities that are proposed to be owned or maintained by
the Flood Control District. This cooperative agreement shall be executed
and approved by the City and the Flood Control District prior to approval of
the grading plan.
96. Encroachment Permit from the Flood Gontrol District - The developer /
property owner shall obtain an encroachment permit from the Flood Control
District regarding any construction-related activities that may occur within
the Flood Contro! District right-of-way or that may affect any facilities that
are owned or maintained by the Flood Control District, including the Bradley
Road Channel.
Prior to Gradins Permit
97. Perpetual Drainage Patterns (Easements) - Any grading that may be
performed shal! 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 Public Works / Engineering Department for review.
98. Protection of Downstream Properties - lf the proposed development
alters natural drainage patterns by concentrating or diverting flow, then the
developer / property owner shall protect downstream properties from
Page 29 of 51
damages that can be caused by such alteration of natural drainage patterns.
Protection shall be provided by constructing adequate drainage facilities,
including enlarging existing facilities and securing necessary drainage
easements.
99. Submit Plans A copy of the improvement plans, grading plans,
environmenta! constraint sheet, BMP improvement plans, and any other
necessary documentation, along with supporting hydrologic and hydraulic
calculations, shall be submitted to the Public Works / Engineering
Department for review and approval prior to issuance of a grading permit.
All submittals shall be date stamped by the engineer and include a
completed City Deposit Based Fee Worksheet and the appropriate plan
check fee deposit.
1O0.Written Permission for Grading - For any offsite grading that may be
performed, written permission shall be obtained from the affected property
owners, allowing the proposed grading and / or facilities to be installed
outside of the project development site boundaries. A copy of the written
authorization shall be submitted to the Public Works / Engineering
Department for review and approval.
DRAINAGE DESIGN CRITERIA
101.Drainage Grade- Minimum drainage design grade shall be 1 percent (1%).
The engineer of record must submit a variance request for design grades
less than what is stated here, along with a justification for the lesser grade.
102.Site Drainage - Positive drainage of the site shall be provided, and water
shall not be allowed to pond behind or flow over cut and fill slopes. Where
water is collected and discharged in a common area, planting erosion
resistant vegetation shall provide protection of the native soils. All cut and
fill slopes shal! have a maximum 2'.1 grade (horizontal to vertical ratio),
unless determined othenruise by the Public Works Director / City Engineer.
D. WASTE MANAGEMENT
General Conditions
103.A8 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 othenrvise divert commercial solid waste from disposal:
Source separate recyclable and/or compostable material from solid waste
and donate or self-hau! the material to recycling facilities.
2. Subscribe to a recycling service with their waste hauler
Page 30 of 51
3. Provide recycling service to their tenants (if commercial or multi-family
complex).
4. Demonstrate compliance with the requirements of California Code of
Regulations Title 14.
For more information please visit:
vwvw. rivcowm.org/opencms/recyclyi n g/recycli ng_a nd_com post_business. htm l#ma
ndatory
104.AB 1826 - AB 1826 requires businesses that generate eight (8) cubic yards
or more or organic waste per week, to arrange for organic waste recycling
services. The threshold amount of organic waste generated requiring
compliance by businesses is reduced in subsequent years. Businesses
subject to AB 1826 shal! take at least one of the following actions in orderto
divert organic waste from disposal:
1 . Source separate organic material from all other recyclables and donate or
self-haul to a permitted organic waste processing facility.
2. 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.
3. Consider xeriscaping and using drought tolerant / low 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 Building Permit
1 05. Recyclables Collection and Loading Area Plot PIan during
Construction - Prior to the issuance of a building permit, the developer /
property owner shall submit three (3) copies of a Recyclables Collection and
Loading Area plot plan to the Public Works / Engineering Department for
review and approval. This 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 / fagade, construction materials and
signage. The plot plan shall clearly indicate how the trash and recycling
enclosures shal! be accessed by the hauler.
106.Waste Recycling Plan during Construction - 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:
Page 31 of 51
1. 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.
2. The measures / methods that will be taken to recycle, reuse, and / or
reduce the amount of waste materials generated.
3. The facilities and lor haulers that will be utilized
4. 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 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.
Prior to Certificate of Occupancv
107.Waste Management Clearance - Prior to issuance of a certificate of
occupancy 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 Public Works / Engineering Department in order to
clear the project for occupancy permits. Receipts must clearly identify the
amount of waste disposed and C&D materials recycled.
108.Site PIan - lt is understood that the site plan must correctly show acceptable
centerline elevations, all existing easements, traveled ways, cross sections,
and drainage courses with appropriate drainage flows. Any omission or
unacceptability may require the site plan to be resubmitted for further
consideration. ln the event that there is a conflict between what is shown
on the site plan and these conditions, these conditions will supersede what
is shown on the site plan and any attachments to the site plan, including
other plans or exhibits. All questions regarding the true meaning of these
conditions shall be referred to the Public Works / Engineering Department.
1O9.Traffic Assessment A Traffic Assessment, dated June 22, 2018,
prepared by Rick Engineering Company was submitted to and approved by
the Public Works / Engineering Department. The conclusions of this
assessment were as follows:
a. The nearby project area intersections and roadway segments were
calculated to operate at acceptable levels of service (LOS), meaning LOS
E. TRAFFIC ENGINEERING, STREET IMPROVEMENTS, AND DEDICATIONS
General Conditions
Page 32 of 51
C or better, with the exception of the Newport Road / Bradley Road
intersection, which was calculated to operate at LOS F for the A.M. and
P.M. peak hours.
b. No significant impacts were calculated at any of the intersections and
roadway segments, based on the City's criteria, since the project is
anticipated to generate fewer peak hour trips than the 50 vehicle threshold.
Based on its review of the Traffic Assessment, the Public Works I
Engineering Department has generally concurred with its findings and
therefore does not require a detailed traffic analysis to be performed.
110.Paving or Paving Repairs - The developer / property owner shall be
responsible for obtaining the paving inspections required from the Public
Works / Engineering Department. Paving and / or paving repairs for utility
street cuts shall be per City of Menifee Standards and Specifications and as
approved by the Public Works Director / City Engineer.
1 1 1 .Goncrete Work - All concrete work including curbs, gutters, sidewalks,
driveways, cross gutters, catch basins, manholes, vaults, etc. shall be
constructed to meet a 28-day minimum concrete strength of 3,250 psi.
112.Street Light Plan - A street lighting plan is required for this project. The
street lighting plan shal! be submitted to the City and approved by the City
prior to approval of the final improvement plans. Street lighting shall be
designed in accordance with the latest City Standards and Specifications for
LS-3 street light rates, and as determined by the Public Works Director / City
Engineer.
1 13.Onsite and Offsite Street Lights Ownership and Maintenance - All
proposed public and private street lights shall be designed in accordance
with City-approved standards and specifications, or as determined and
approved by the Public Works Director / City Engineer. The City shall have
ownership and maintenance of all proposed public street lights and
associated appurtenances, and shall be provided with adequate service
points for power. The design shall be incorporated in the project's street
improvement plans or in a separate street light plan as determined and
approved by the Public Works Director / City Engineer.
ll4.Streetlight Design as LS-3 Rate Lights - All new streetlights, other than
traffic signal safety lights, shall be designed as LS-3 rate lights in
accordance with City-approved standards and specifications, and as
determined by the Public Works Director / City Engineer.
1 1S.Street Light Service Point Addressing - The developer shall coordinate
with the Public Works / Engineering Department and with Southern
California Edison the assignment of addresses to required street light
service points. Service points serving public streetlights shall be owned by
the City and shall be located within public right-of-way (ROW) or within duly
dedicated public easements.
Page 33 of 51
Prior to Buildinq Permit
116.Sight Distance Analysis - Sight distance analysis shall be conducted at all
project roadway entrances for conformance with City sight distance
standards. The analysis shall be reviewed and approved by the Public
Works Director / City Engineer, and shall be incorporated in the final grading
plans, street improvement plans, and Iandscape improvement plans.
llT.Construction Traffic Control Plan - Prior to start of any project related
construction, the developer / property owner shall submit to the Public Works
/ Engineering Department for review and approval, a Construction Traffic
Control Plan in compliance with all applicable City ordinances, standards
and specifications, and the latest edition of the California Manual on Uniform
Traffic Control Devices. This traffic control plan shall address impacts from
construction vehicular traffic, noise and dust, and shall propose measures
to mitigate these effects. The traffic control plan shall include a Traffic Safety
Plan for safe use of public road ROW during construction. The plan shall
specify the following mitigation measures to address the following:
(a) The estimated day(s), time(s) and duration of any lane closures that are
anticipated to be required by Project construction.
(b) Safety measures such as, but not limited to, signage, flagmen, cones,
advance community notice, or other acceptable measures to the
satisfaction of the Public Works / Engineering Department. The
purpose of these measures shall be to safely guide motorists, cyclists,
and pedestrians, and minimize traffic impacts and ensure the safe and
even flow of traffic consistent with City level of service standards and
safety requirements.
(c) A notification to the Public Works / Engineering Department at least five
(5) business days in advance of any planned lane closure that will be
caused by Project construction. The City shall evaluate any other
known lane closures, construction activities, or special events that may
conflict with the Project's scheduled lane closure or create additional
impacts to traffic flow, and, if deemed necessary by the Public Works /
Engineering Department, the Project's lane closure may be postponed
or rescheduled.
(d) A dirt haul route plan shall be submitted for approval priorto any import
/ export grading operation. The plan shall identify all origins and
destinations and the time for haul period, and the haul routes shall be
approved by the Traffic Engineer. Haul routes shall not be permitted on
residential streets without the approval of the Traffic Engineer. The
traffic control application, location, and type of traffic control shall be
shown on the plan. Daily street sweeping is required during all hauling
operations.
1 l S.lmprovement Bonds - Prior to issuance of a building permit, the developer
/ property owner shall enter into a bond agreement and post acceptable
Page 34 of 51
bonds or security, to guarantee the completion of all required onsite and
offsite 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).
l l9.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 ROW.
Prior to Certificate of Occupancv
120.Street Lights lnstallation - lnstall streetlights along the streets associated
with the development project, in accordance with the City-approved street
lighting plans and standards. lt shall be the responsibility of the Developer
to ensure that streetlights are energized along the streets of those lots where
the Developer is seeking Final Inspection for Certificate of Occupancy.
121.Driveways and Driveway Approaches - Final driveway geometrics may
be modified in final engineering as approved by the Public Works Director /
City Engineer. Driveways and driveway Approaches shall be designed and
constructed per City standards. Prior to issuance of a Certificate of
Occupancy, required driveways shall be constructed.
F. WATER, SEWER, AND RECYCLED WATER
General Conditions
122.Meet Minimum Standards AII water, sewer and recycled water
improvements, as well as required auxiliaries and appurtenances, shall be
designed per current City ordinances and Eastern Municipa! Water District
(EMWD) standards and specifications. The final design, including pipe sizes
and alignments, shall be subject to the approval of EMWD.
12s.Utility lmprovement Plans - Public Water, Sewer and Recycled Water
improvements shall be drawn on City title block for review and approval by
the Public Works / Engineering Department and EMWD.
124.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 issuance of a building permit.
G. NPDES AND WQMP
All City of Menifee requirements for NPDES and Water Quality Management Plans
(WOMPS) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater
/ Urban Runoff Management Program unless otherwise approved by the Public Works
Director / City Engineer. This project is required to submit a project specific WQMP
prepared in accordance with the latest WQMP guidelines approved by the Regional Water
Quality Control Board.
Prior to Buildins Permit
Page 35 of 51
125.Project Specific WQMP - The developer / property owner submitted a
Preliminary WQMP, prepared by Landmark Engineering Corporation, dated
December 9, 2015. The Public Works / Engineering Department has
reviewed this report and granted conditional approval, pending the
developer / property owner addressing the following remaining Engineering
comments in the Flnal WQMP during the Final Engineering phase:
a. Revise the WQMP to show that a Modular Wetlands system is now
being used, instead of an lnfiltration Trench and Permeable Pavement,
in accordance with previous communications that were held between
the developer / property owner and the City.
b. lnclude updated calculations and other appropriate supporting
documentation in the WQMP to be consistent with the BlVlPs that are
now being proposed.
Final / approved construction plans shall incorporate all of the structural
BMPs identified in the approved Final WQMP. The final developed project
shal! implement all structural and non-structural BMPs specified in the
approved Final WQMP. One copy of the approved Final WQMP on a USB
drive in pdf format shall be submitted to the Public Works / Engineering
Department.
126.WQMP Right of Entry and Maintenance Agreement Prior to, or
concurrent with the approval of the Final WQMP, the developer / property
owner shall 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 Certificate of Occupancv
127.lmplement Project Specific WQMP - All structural BMPs described in the
approved Final 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 BMPs described in
the approved Final WQMP and that copies of the approved Final WQMP are
available for the future owners / occupants. The City will not release
occupancy permits for any portion of the project prior to the completion of
the construction of al! required structural BMPs, and implementation of non-
structural BMPs. An exception may be granted for BMPs not serving a
Drainage Management Area where no Certificate of Occupancy is being
sought.
128. WQMP / BMP Education - Prior to issuance of a Certificate of Occupancy,
the developer / property owner shall provide the City proof of notification to
future occupants, of all BMPs and educational and training requirements for
said BMPs as directed in the approved Final WQMP. At a minimum,
acceptable proof of notification must be in the form of a notarized affidavit.
The developer must provide to the Public Works / Engineering Department
Page 36 of 51
a notarized affidavit stating that the distribution of educational materials to
future occupants has been completed prior to issuance of occupancy
permits. NPDES Public Educational Program materials may be obtained
from the Flood Control District - NPDES Section by accessing the Flood
Control District's webs ite at www. flood control. co. riverside. ca. us.
H. CITYWIDE Community Facilities District (CFD) 2015-2 or 2017-1
Prior to Buildins Permit
129. Annexation to the Citywide CFD 2015-2 or 2017-1 - Prior to issuance ofa building permit, the developer / property owner shall complete the
annexation of the proposed development project into the boundaries of CFD
2015-2 or 2017-1, os determined by the Public Works Director / City
Engineer. The CFD shall be responsible for the maintenance of public
improvements or facilities that benefit this development, including but not
limited to, streetlights, street sweeping / maintenance, graffiti abatement and
other public improvements or facilities as approved by the Public Works
Director / City Engineer.
The developer / property owner shall be responsible for all costs associated with
the annexation of the proposed development in the citywide CFD.
128. Landscape lmprovement Plans - Landscape improvements within public
ROW shall be prepared for review and approval by the Public Works /
Engineering Department, in accordance with City standards and
specifications. The plans may be prepared as one plan forthe entire project,
as determined by the Public Works Director / City Engineer, and shall be
reviewed and approved by the Public Works / Engineering Department prior
to the issuance of a building permit.
129. Maintenance Exhibit - Prior to issuance of a building permit, the developer
/ property owner shall prepare an exhibit that shows a!! areas and facilities to
be maintained by the CFD. The exhibit shall be reviewed and approved bythe Community Development Department and the Public Works I
Eng ineering Department.
I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
General Conditions
1 30. Fees and Deposits - Prior to approval of grading plans, improvement plans,
issuance of building permits, and / or issuance of certificate of occupancy,
the developer / property owner shall pay all fees, deposits as applicable.
These shall include the regional Transportation Uniform Mitigation Fee
(TUMF), Development !mpact Fees (DlF), and any applicable Road and
Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be
collected at the rate in effect at the time of collection as specified in current
City resolutions and ordinances.
Page 37 of 51
Prior to Certificate of Occupancv
131.TUMF Fees - Prior to the issuance of a certificate of occupancy, the
developer / property owner shall pay the Transportation Uniform I\Iitigation
Fee (TUMF) in accordance with the fee schedule in effect at the time of
issuance, pursuant to City-adopted Ordinances governing the TUMF
program.
Page 38 of 51
Section lV:
Buildinq and Safety Conditions of
Approval
Page 39 of 51
General Requirements
132.Final Building & Safety Gonditions. Final Building & Safety Conditions will
be addressed when building construction plans are submitted to Building &
Safety for review. These conditions will be based on occupancy, use, the
California Building Code (CBC), and related codes which are enforced at the
time of building plan submittal.
l33.Compliance with Code. All Design components shall comply with
applicable provisions of the 2016 edition of the California Building, Plumbing
and Mechanical Codes; 2016 California Electrical Code; California
Administrative Code, 2016 California Energy Codes, 2016 California Green
Building Standards, California Title 24 Disabled Access Regulations, and
City of Menifee Municipal Code.
lf the plans are submitted to the City of Menifee on or after January 01,2020,
the plans shall be designed in accordance with the 2019 edition of the
California Building, Plumbing and Mechanical Codes, 2016 California
Electrical Code; California Administrative Code, 2019 California Energy
Codes, 2019 California Green Building Standards, California Title 24
Disabled Access Regulations, and City of Menifee Municipal Code.
134.ADA Access. Applicant shall provide details of all applicable disabled
access provisions and building setbacks on plans to include:
a. Disabled access from the public way to the main entrance of the building.
b. Van accessible parking located as close as possible to the main
entrance of the building.
c. Accessible path of travel from parking to the furthest point of
improvement.
d. Path of accessibility from parking to furthest point of improvement.
e. Accessible path of travel from public right of way to all public areas on
site, such as enclosures, clubhouses and picnic areas.
135.Gounty of Riverside Mount Palomar Ordinance. Applicant shal! submit,
at the time of plan review, a complete exterior site lighting plan with a
"photometric study" showing compliance with County of Riverside Mount
Palomar Ordinance Number 655 for the regulation of light pollution. All
streetlights and other outdoor lighting shall be shown on electrical plans
submitted to the Building & Safety Department. Any outside lighting shall be
hooded and aimed not to shine directly upon adjoining property or public
rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin and below.
136.Street Name Addressing. Applicant must obtain street name addressing
for all proposed buildings by requesting street name addressing and
submitting a site plan for commercial, residential/tract, or multi-family
residential projects.
137.Obtain Approvals Priorto Construction. Applicant must obtain all building
plans and permit approvals prior to commencement of any construction
Page 40 of 51
work.
138.Obtaining Separate Approvals and Permits. Trash Enclosures, patio
covers, light standards, and any block walls will require separate approvatsand permits. Solid covers are required over new and existing trash
enclosures.
139.Demolition. (lf applicable) Demolition permits require separate approvals
and permits. AQMD notification and approval may be required.
140.Sewer and Water Plan Approvals. On-site sewer and water plans wilt
require separate approvals and permits. A total of 6 sets shall be submitted.
141.Hours of Construction. Signage shall be prominently posted at the
entrance of the project indicating the hours or construction, as allowed by
the City of Menifee Municipal Ordinance 8.01.010, for any site within one-
quarter mlle of an occupied residence. The permitted hours of construction
are Monday through Saturday 6:30am to 7:00pm. No work is permitted on
Sundays and nationally recognized holidays unless approval is obtained
from the City Building Official or City Engineer.
142.House Electrical Meter. Provide a house electrical meter to provide power
for the operation of exterior lighting, irrigation pedestals and fire alarm
systems for each building on the site. Developments with single user
buildings shall clearly show on the plans how the operation of exterior
lighting and fire alarm systems when a house meter is not specifically
proposed.
143.Roof Drains. Drainage water collected from a roof, awning, canopy or
marquee, and condensate from mechanical equipment shall not flow over a
public walking surface.
l44.Protection of drains and penetration. Protection of joints and penetrations
in fire resistance-rated assemblies shall not be concealed from view until
inspected for al! designed fire protection. Required fire seals/fire barriers in
fire assemblies at fire resistant penetrations shall be installed by individuals
with classification or certification covering the installation of these systems.
Provide certification for the installation of each area and certification of
compliance for Building Officials lFire Marshal's approval.
At Plan Review Submittal
l45.Submitting Plans and Calculations. Applicant must submit to Building &
Safety seven (7) complete sets of plans and two (2) sets of supporting
documents, two (2) sets of calculations for review and approval including:
a. An electrica! plan including load calculations and pane! schedule, plumbing
schematic, and mechanical plan applicable to scope of work.
b. A precise grading plan to verify accessibility for persons with disabilities.c. Truss calculations that have been stamped by the engineer of record of the
building and the truss manufacturer engineer. Maybe a deferred submittal.
Page 41 of 51
d. Eastern Municipal Water District (EMWD) First Release Required
Prior to lssuance of Grading Permits
146.Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted
separately from the building plans, shall be submitted to Building & Safety
for review and approval.
l4T.Demolition Permits. (lf applicable) A demolition permit shall be obtained if
there is an existing structure to be removed as part of the project. AQMD
shall be notified and a PermiURelease shall be submitted to Building and
Safety, Prior to Permit lssuance.
Prior to lssuance of Building Permits
14l.Plans require Stamp of Registered Professional. Applicant shall provide
appropriate stamp of a registered professional with original signature on the
plans. Electronic Signature is acceptable. All associated Building Fees to be
paid.
149.Each Department is required to Approve, with a signature.
Prior to Temporary Certificate of Occupancy
150.Temporary Certificate of Occupancy. Application and deposit to be
submitted, a minimum of 5 working days prior to effective date. Each
department is required to provide an Exhibit' clearly identifying those
Conditions of Approva! that remain outstanding with a signature.
Prior to Certificate of Occupancy
151 .Each department is required to Review and Approve with a Signature, once
ALL Conditions of Approval have been MeUApproved.
Prior to Final lnspection
152.Each department that has conditions shall have completed and approved
their final inspection prior to requesting the final inspection by the Building
and Safety Department.
Page 42 of 51
Section V:
Fire Department Conditions of
Approval
Page 43 of 51
General Conditions
153. Water Mains. The water mains shall be capable of providing required fire
flow.
154.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 individual lot. Water plan must be at the job site.
1ss.Address. The address shall be posted per the Riverside County Fire
Department standards and will be clearly visible from public roadway.
156. 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.
157.Fire Apparatus Access Road Width and Vertical Clearance. Fire
apparatus access roads shal! have an unobstructed driving surface width of
not less than 24 feet, with an unobstructed vertical clearance of 13 feet 6
inches. (Carports and covered areas) shall not impede into access roadway.
158. Turnarounds. A turnaround shall be provided to all 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 shall
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.
159. Surface Load and Capabilities. Fire apparatus access roads shall be
designed to support the impose loads of fire apparatus 75,000 pound live
load (gross vehicular weight) distributed over two axlesl and shall be
surfaced so as to provide all-weather driving capabilities [rear wheel drive
apparatusl for the length and grade(s) of the fire apparatus access road.
Page 44 ot 51
Section Vl :
Riverside Countv
Environmental Health
Gonditions of Approval
Page 45 of 51
County of Riverside
DEPARTMENT OF ENVIRONMENTAL HEALTH
P.O. 80X 79(Xl . RIVERSIDI, CA 92511-79G)
KTITH .IONES. DIRECTOR
,rvrtf etD -r.r a..E-
Deceurber 5. l0l9
Crtl'of Menrfee
Plat ni.g Deparmeat
Attn: Desrree Bow&n
19714 Haun Road
Memfee. CA 92586
SL-BJE( T: ('ITI OF IIENIFEI - PLANIiING APPLI('ATION PP20l8-189
Nf I\'PORT DENTAL- PROFI S SIONAL OFFI('[
(APN: 338-l10-013)
Dear Ms Bos'dan.
PP20I8-I89 proposes to develop a 6-239SF 3 story'office burldrog s'rth a shared driveway n'rth
th exrsting Nenrpon Plaza Shop,prng Center. The project srte rs located m the north sr& of
Nesport Road and rs borruded the Neu'port Plaza oa the east, the former Good Sheprd Lutheran
C.'hurch on the ril'est. and Valley Seventh-Day Adrenust Church to the l$orih- m the City of
Mcolfec.
In accordaoce r*rth rhe agreeanent benl"een the Cormt of fuversr& Deparmeat of Eauroomental
Health (DEH) md the Crty of Menrfee. DEH offers the followrng cornrneflts:
POT.{BLE \\'TT[,R AND SA\IT.{R\' 5f \\ ER
A'Geoeral Codtm" shal be placed oo the prorect rdrcahng that the subjea p(opettl'is propostng
to receire potable rf,Eter serr.ice and sanrtarv s€wer senice &om Easrcrn Mrmlcqral \['ater f,hstnct
(ElvfSD). It rs &e resposibrhty of thrs facihty to eu$rre tbat all reqruremeats to obtarn potable $rat&r
and sanitart'sewer senrce are met wrth ElvfWD. as well as. all other ap,phcable agenctes.
As the agency proudrng sevl'er sen'ice. EMWD shall also have the respoosibihry to rmpleueat
any grease iaterceptor requireruents. rncludrng slzurg capacrt-v and other strrrctural specificatrons
rf necessar!'. All exrstrng septic systems atdlor u'ells shall be paoperly rernoved or abandoued
under pemrt wrth DEH.
OfficeLocationsoBlytheoCoronaoHemetalndiooMurrietaoPalmspringsoRiverside
Phone (8881722-4214
www.rivcoeh.org
rage 40 o! c r
t-,
As part of the serrices offered to Contract Crhes. the Departnrut of Enrrronurental Health
Enuronnreotal Cleanql kograms (ECP) cond,rcts en'rronmeotal rerreu's m plannrqg ptro;ects to
ensure that existrng srte coadrtims urll not Degatrvell'affect hunran health or the eovtrmmt. The
objective of the eovlroffrEntal re\re\f,'s is- to deternune if there are poteahal sources of
enlaroruuental and'u hunran erposures assocrated rrrth the proyect- rdeatrfi'the srenrficance of
potenual adverse effects fro,m the contanunants. and eraluate the a&quac;* of miugattoo measutres
fel n ininriz'ng exposures and poteutral adverse effects from exrsting contatnrnation and,'or hazardotrs
strbstance handllng.
For thrs proJect. the CrW of Menifee rs taking on the respmsrbihtl'to rel'le$r the above as1lects of the
prolect.
LOC -{L f \FOR( f \tf \T -rGf \( \' rLf -{ r
kror to final of the medrcal office burldi.g. the apphcart shdl contact the Couutl' of Riversrde-
Local Enforceruent Agenc)'at (951) 9-55-8980 for an1'plan check andror permrnrng
requrrements.
Please note that the Medical Waste Managesrent Act (MWMA). Section I17705 of the
California Health and Safen Code- corrsiders anlr lrersoo u'hose act or process produces medrcal
$'aste to be a '-nredrcal u'aste gererator" rn Cahfornra (e.g-. a facrlrt_1'or busrness that generates.
andror stores medrcal rf,'aste onsrte). Medrcal $'aste geoerators ma!'be Erther large quantrtl (LQG
= ,' 100 lbs ,'month). or small quantrty'generat(xs (SQG =' 100 lbs r month). Medrcal naste
geoerators shall register $'rth the LEA
[.S }I.{TERTALS \A\.{Gf \If \T BRT\C H
A proposal of ao1'facrht]'that r*rll use or store hazardous matenals. shall contact the HMMB for
revre\f,' of thet pro;ect. [f frrrther reries' of the srte urdicates additional enrironmental health
rssues. HMMB reserr-es the ng&t to regulate &e busrness m accordance rvith apphcable Countl'
Ordrnaaces. Please cootact HMMB at (951) 158-5055 to obtarn rnformauonregardrng an1'
a ddrtrona I requrreurents.
Should you have any further questrons u requrre firrther assistatrce. please contact me by emarl
at l(AKim@nvco.org or by phoae at (951) 95-5-8980.
Srncerely.
liristrne Krm. Supen'rsrng REHS
Envtonrrrental Protectron and Oversrght Drvrsron
f \\'IRO\\I[ \T.{L ( Lf -{r-t-P PROGR.\}IS rRC Df H-f ( Pr
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 48 of 51
AGREEMENT TO INDEMN IFY AND HOLD HARMLESS
RECITALS
Whereas, Bruce Baker has applied to the City for various discretionary approvals
including Plot Plan No.2018-189, which proposes to construct a 3-story,5,417 square
foot medical office building (the "Project") is located north side of Newport Road, west of
Bradley Road, and east of Winter Hawk Road. (APN: 338-170-028 )(the "Property"); and
Whereas, in connection with the consideration of the above-mentioned
discretionary approvals, lndemnitor has offered to, and hereby agrees that it wil!, 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.
lncorporation of Recitals. The Recitals set forth above are an integral part of
this Agreement, and are fully incorporated herein.
2. lndemnitors' lndemnification Obligations. !ndemnitor shall indemnify, defend,
and hold harmless the City of Menifee and its elected city counci!, 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 "lndemnitees")
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 Iimitation 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 lndemnitees in
conjunction with such permit or approval, including without limitation any action
taken pursuant to the California Environmental Quality Act ("CEQA"), or (ii) the
acts, omissions, or operations of the lndemnitor and the directors, officers,
members, partners, employees, agents, contractors, and subcontractors of each
person or entity comprising the lndemnitor 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 lndemnitor of any claim,
1
Page 49 of 51
This Agreement to lndemnify and Hold Harmless ("Agreement") is entered into,
effective as of January 22,2020, by and between the CITY OF MENIFEE, a municipal
corporation, on the one hand,("City"), and S&B Partners, LLC property owner of Baker
Medical Building, LLC, a California Limited Liability Corporation, ("lndemnito/'), on the
other. The City and lndemnitor are herein referred to collectively as the "Parties" and
individually as a "Party."
lawsuit, or other judicial or administrative proceeding (herein, an "Action") within
the scope of this indemnity obligation and request that the lndemnitor defend such
Action with legal counsel reasonably satisfactory to the City. lf the lndemnitor 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 lndemnitor and, if
they do, the lndemnitor 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 lndemnitor 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 Partres. 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.
lN WITNESS WHEREOF, the parties hereto have entered into this Agreement to
be effective as of the date first written above.
..CITY"
Dated: January 22,2020 CITY OF MENIFEE, a California
Municipal Corporation
By:
Its:
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
Attorneys for the City of Menifee
Page 50 of 51
Dated: January 22,2020
..INDEMNITOR''
S&B Partners, LLC for Baker Medical
Office
By:
Print
Name:
Its Property Owner
Page 51 of 51
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Planning Commission Resolution No. PC2O-480 was duly adopted by the Planning Commission
of the City of Menifee at a meeting thereof held on the 22 day of January 2020 by the following
vote:
Diederich, Kanruin, Madrid, Phillips, Thomas
None
None
None
Sa hA
Clerk
SS
)
)
)
Ayes:
Noes:
Absent:
Abstain:
ri
it"tE N I FEE
O6
+g\
\