PC20-515RESOLUTION NO. PC 20-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO.
37121 (PLANNING APPLICATION TPM 2016-185) FOR THE
SUBDIVISION OF 37.06 ACRES INTO SIX (6) PARCELS LOCATED
AT THE NORTHEAST CORNER OF HAUN AND HOLLAND ROADS
AND WEST OF INTERSTATE 215 (APN: 360-130-003).
WHEREAS, on August 11, 2016, the applicant, JPN Investments, filed a formal
application with the City of Menifee for the approval of Tentative Parcel Map (TPM)
2016-185 (PM 37121) a subdivision of 37.06 gross acres into six (6) commercial parcels
ranging in size from 5.10 to 7.76 gross acres (collectively, the “Project”); and
WHEREAS, on June 24, 2020, the Planning Commission of the City of Menifee
held a public hearing on the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for Tentative Parcel Map
(TPM) 2016-185 (TPM 37121) 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 700 feet of the Project boundaries and to persons requesting
public notice; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Menifee makes the following Findings:
Section 1: Consistency with the General Plan. The tentative parcel map is
consistent with the General Plan Land Use Map and applicable General
Plan objectives, policies, and programs.
The General Plan land use of the site is Economic Development Corridor
(EDC). The intent of the designation is to identify areas where a mixture
of residential, commercial, office, industrial, and entertainment uses are
planned. Areas designated EDC are envisioned to develop primarily as
nonresidential uses.
The proposed subdivision creates six parcels capable of facilitating the
establishment of commercial, retail and auto related uses on vacant and
undeveloped property and is consistent with the intent of the EDC land
use designation.
Section 2: Consistency with the Zoning Code. The Tentative Parcel Map is
consistent with the zone designation map, and applicable development
standards within the zone designation:
The map has been analyzed for consistency with the Economic
Development Corridor – Community Core, zoning designation. As
prescribed by Section 9.140.040-2 of the City’s zoning code, a minimum
lot area of 15,000 square feet. The project is consistent with the design
guidelines, zoning and development standards of the EDC-CC and
overlay as each of the six parcels exceed the 15,000 square foot
minimum lot area prescribed by the EDC-CC zone as the parcels range in
area from 5.10 to 7.76 acres. The proposal which includes the subdivision
of land for future commercial/retail, office use, or automotive related
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515
PM 37121 / Planning Case PM 2016-185
June 24, 2020
enterprises which are allowed with approval of a plot plan or conditional
use permit applications.
Furthermore, the proposal is consistent with the properties located to the
north and south of the project site, with the property located to the south
partially developed with a self-storage facility, to the west across Haun
Road, the Paloma Wash which is designated Open Space with residential
development located beyond further west and to the east the Interstate
215 right-of-way.
Section 3: Consistency with Title 7, Subdivisions Regulating the Division of Land.
The proposed subdivision of 37.06 acres into six (6) commercial parcels
has been reviewed and conditioned for consistency with the requirements
for streets, domestic water, fire protection, sewage disposal, fences, and
electrical communication facilities.
Section 4: The site is physically suitable for the type of development and the
proposed land use of the development.
The Project is for a subdivision of land; The subject site is relatively flat
with a drainage course situated at the southerly boundary which has been
properly delineated and therefore would not be incompatible with the
proposed development. The site is bounded by Interstate 215 to the east,
Holland Road and Haun Road to the south and west, respectively and
vacant commercial property to the north. Therefore, the site is considered
physically suitable for the type of development and the proposed land use
of the site.
Section 5: 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.
The uses in closest proximity to the project site include partially
developed commercial property with a self-storage facility located south
of the project site beyond Holland Road and the Paloma Wash located to
the west beyond Haun Road while the remaining surrounding properties
are vacant and designated the same as the project site.
The project is compatible with the surrounding land uses, General Plan
land use designations, and zoning classifications. The project is not
anticipated to create conditions materially detrimental to the public health,
safety and general welfare or injurious to or incompatible with other
properties or land uses in the project vicinity.
Section 6: Compliance with CEQA. Processing and approval of the tentative parcel
map application are in compliance with the requirements of the California
Environmental Quality Act.
An IS/MND pursuant to the California Environmental Quality Act (CEQA)
was prepared for the Project. In the IS/MND, it was found that with
implementation of mitigation measures, the Project would not result in any
DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738
PM 37121 / Planning Case PM 2016-185
June 24, 2020
significant impacts. A Mitigation Monitoring and Reporting Plan (MMRP)
was prepared and identifies all mitigation measures that will be required
for the Project.
BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee
resolves and orders as follows:
1. The Findings set out above are true and correct.
2. Tentative Parcel Map No. 37121 (Planning Case No. 2016-185), is
approved subject to the Conditions of Approval as set forth in Exhibit “1”
to this Resolution; and
PASSED, APPROVED AND ADOPTED this the 24th day of June, 2020
_________________________
Randy Madrid, Chair
Attest:
___________________________
Stephanie Roseen, Deputy City Clerk
Approved as to form:
______________________________
Thai Phan, Assistant City Attorney
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EXHIBIT “1”
CONDITIONS OF APPROVAL
Planning Application No.: Tentative Parcel Map No. 2016-185 (TPM37121)
Project Description: Tentative Parcel Map No. (PM) 2016-185 proposes to
subdivide 37.06 gross (31.44 net acres) into six (6)
commercial parcels. The parcels range in size from 5.10 to
7.76 gross acres and 3.89 to 6.34 net acres, respectively.
The project site is bound by Interstate 215 (I-215) to
the east, Haun Road to the west, Holland Road to the
south, and vacant property to the North within the City
of Menifee, County of Riverside, State of California.
Assessor's Parcel No.: APN 360-130-003
MSHCP Category: Commercial
DIF Category: Commercial/Retail
TUMF Category: Commercial/ Retail – (Applicant should contact WRCOG to
determine fee category)
Quimby Category: N/A
Approval Date: June 24, 2020
Expiration Date: June 24, 2023
Within 48 Hours of the Approval of This Project
1. Filing Notice of Determination (ND/MND). The applicant/developer shall
deliver to the Planning Division a cashier's check or money order made
payable to the County Clerk in the amount of Two Thousand Four Hundred
Fifty Six Dollars and Seventy-Five Cents ($2,456.75) which includes the Two
Thousand Four Hundred Six Dollars and Seventy-Five Cents ($2,406.75) fee,
required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars
($50.00) County administrative fee, to enable the City to file the Notice of
Determination for the Mitigated or Negative Declaration required under Public
Resources Code Section 21152 and California Code of Regulations Section
15075. Per Fish and Wildlife Code Section 711.4(c)(3), a project 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. Indemnification. Applicant/developer shall indemnify, defend, and hold
Conditions of Approval
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harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors,
consultants, and agents from and against any and all claims, liabilities, losses,
fines, penalties, and expenses, including without limitation litigation expenses
and attorney’s fees, arising out of either the City’s approval of the Project or
actions related to the Property or the acts, omissions, or operations of the
applicant/developer and its directors, officers, members, partners, employees,
agents, contractors, and subcontractors of each person or entity comprising
the applicant/developer with respect to the ownership, planning, design,
construction, and maintenance of the Project and the Property for which the
Project is being approved. In addition to the above, within 15 days of this
approval, the developer/applicant shall enter into an indemnification
agreement with the City. The indemnification agreement shall be substantially
the same as the form agreement currently on file with the City.
Conditions of Approval
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June 24, 2020
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Section I: Conditions applicable to All Departments
Section II: Community Development Conditions of
Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Fire Department Conditions of Approval
Conditions of Approval
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Section I:
Conditions Applicable to all
Departments
Conditions of Approval
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General Conditions
1. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative Parcel Map No. 37121 shall be
henceforth defined as follows:
TENTATIVE MAP = EXHIBIT A - Tentative Parcel Map No. 2016-185 (PM
37121), dated May 6, 2020, (TPM 37121)
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
2. 90 Days. The developer/owner has 90 days from the date of approval of these
conditions to protest, in accordance with the procedures set forth in Government
Code Section 66020, the imposition of any and all fees, dedications,
reservations and/or other exactions imposed on this project as a result of the
approval or conditional approval of this project.
3. Newly Incorporated City. The City of Menifee is a new City, incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. In
the future the City of Menifee will identify and put in place various processing
fees to cover the reasonable cost of the services provided. The City also will
identify and fund mitigation measure under CEQA through development impact
fees. Such fees may include but are not limited to processing fees for the costs
of providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services, and
development impact fees to mitigate the impact of the development proposed
on public improvements. To the extent that Menifee may develop future
financing districts to cover the costs of maintenance of improvements
constructed by development, Permitee agrees to petition for formation of,
annexation to or inclusion in any such financing district and to pay the cost of
such formation, annexation or inclusion.
The permitee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
4. Comply with MMC Title 7, Subdivisions. This land division shall comply with
the State of California Subdivision Map Act and to all requirements of Title 7,
unless modified by the conditions listed herein.
5. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the Planning Commission’s original approval date, unless
extended as provided by Municipal Code Section 7.20.130 or state law. Action
on a minor change and/or revised map request shall not extend the time limits
of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires
before the recordation of the final phase the LMS no further FINAL MAP
recordation shall be permitted.
Conditions of Approval
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June 24, 2020
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6. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
7. Mitigation Monitoring Plan. The developer shall comply with the mitigation
monitoring plan prepared for the project.
8. No Grading or Building Permits. Planning Application 2016-185 Tentative
Parcel Map (TPM 37121) is for a commercial subdivision. No grading or building
permits shall be issued pursuant to this subdivision until such time a PLOT
PLAN is approved.
Conditions of Approval
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Section II:
Community Development
Department Conditions of
Approval
Conditions of Approval
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General Conditions
9. Outside Lighting. Any outside lighting shall be hooded and directed so as not
to shine directly upon adjoining property or public rights-of-way and so as to
prevent either the spillage of lumens or reflection into the sky.
10. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not
including on-site advertising or directional signs) shall be constructed or
maintained within the property subject to this approval.
11. Reclaimed Water. The permittee shall connect to a reclaimed water supply for
landscape watering purposes when secondary or reclaimed water is made
available to the site as required by Eastern Municipal Water District.
12. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this parcel map as a principal place of
residence. No person shall be entitled to vote using an address within the
premises as a place of residence.
13. No Outdoor Storage. No outdoor storage is allowed within or upon the site.
No storage lockers, sheds, metal container bins, or metal shipping containers
will be allowed to be stored outside unless first reviewed and approved by the
Community Development Department.
ARCHEOLOGY
14. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin.
Further, pursuant to Public Resource Code Section 5097.98(b) remains shall
be left in place and free from disturbance until a final decision as to the treatment
and disposition has been made. If the Riverside County Coroner determines the
remains to be Native American, the Native American Heritage Commission shall
be contacted within the period specified by law (24 hours). Subsequently, the
Native American Heritage Commission shall identify the "most likely
descendant." The most likely descendant shall then make recommendations
and engage in consultation concerning the treatment of the remains as provided
in Public Resources Code Section 5097.98.
15. Non-Disclosure of Location Reburials. It is understood by all parties that
unless otherwise required by law, the site of any reburial of Native American
human remains or associated grave goods shall not be disclosed and shall not
be governed by public disclosure requirements of the California Public Records
Act. The Coroner, pursuant to the specific exemption set forth in California
Government Code 6254 (r)., parties, and Lead Agencies, will be asked to
withhold public disclosure information related to such reburial, pursuant to the
specific exemption set forth in California Government Code 6254 (r).
16. Inadvertent Archeological Find.
Conditions of Approval
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If during ground disturbance activities, unique cultural resources are discovered
that were not assessed by the archaeological report(s) and/or environmental
assessment conducted prior to project approval, the following procedures shall
be followed. Unique cultural resources are defined, for this condition only, as
being multiple artifacts in close association with each other, but may include
fewer artifacts if the area of the find is determined to be of significance due to
its sacred or cultural importance as determined in consultation with the Native
American Tribe(s).
a. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
developer, the archaeologist, the tribal representative(s) and the
Community Development Director to discuss the significance of the find.
b. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
c. Grading of further ground disturbance shall not resume within the area of
the discovery until an agreement has been reached by all parties as to the
appropriate mitigation. Work shall be allowed to continue outside of the
buffer area and will be monitored by additional Tribal monitors if needed.
d. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Management Plan and Monitoring
Agreements entered into with the appropriate tribes. This may include
avoidance of the cultural resources through project design, in-place
preservation of cultural resources located in native soils and/or re-burial on
the Project property so they are not subject to further disturbance in
perpetuity as identified in Non-Disclosure of Reburial Condition.
e. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred
method of preservation for archaeological resources and cultural
resources. If the landowner and the Tribe(s) cannot agree on the
significance or the mitigation for the archaeological or cultural resources,
these issues will be presented to the City Community Development
Director for decision. The City Community Development Director shall
make the determination based on the provisions of the California
Environmental Quality Act with respect to archaeological resources,
recommendations of the project archeologist and shall take into account
the cultural and religious principles and practices of the Tribe.
Notwithstanding any other rights available under the law, the decision of
the City Community Development Director shall be appealable to the City
Planning Commission and/or City Council.”
17. Cultural Resources Disposition. In 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:
Conditions of Approval
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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-In-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 IV Report shall be filed
with the City under a confidential cover and not subject to Public Records
Request.
iii. If preservation in place or reburial is not feasible then the resources shall be
curated in a culturally appropriate manner at a Riverside County curation
facility that meets State Resources Department Office of Historic Preservation
Guidelines for the Curation of Archaeological Resources ensuring access and
use pursuant to the Guidelines. The collection and associated records shall be
transferred, including title, and are to be accompanied by payment of the fees
necessary for permanent curation. Evidence of curation in the form of a letter
from the curation facility stating that subject archaeological materials have
been received and that all fees have been paid, shall be provided by the
landowner to the City. There 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
IV monitoring report.
18. Inadvertent Paleontological Find. Should fossil remains be encountered
during site development:
1) All site earthmoving shall be ceased in the area of where the fossil remains
are encountered. Earthmoving activities may be diverted to other areas of
the site.
2) The applicant shall retain a qualified paleontologist approved by the County
of Riverside.
3) The paleontologist shall determine the significance of the encountered
fossil remains.
4) Paleontological monitoring of earthmoving activities will continue thereafter
on an as-needed basis by the paleontologist during all earthmoving
activities that may expose sensitive strata. Earthmoving activities in areas
of the project area where previously undisturbed strata will be buried but
not otherwise disturbed will not be monitored. The supervising
paleontologist will have the authority to reduce monitoring once he/she
Conditions of Approval
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determines the probability of encountering any additional fossils has
dropped below an acceptable level.
5) If fossil remains are encountered by earthmoving activities when the
paleontologist is not onsite, these activities will be diverted around the fossil
site and the paleontologist called to the site immediately to recover the
remains.
6) Any recovered fossil remains will be prepared to the point of identification
and identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled
with museum* repository fossil specimen numbers and corresponding
fossil site numbers, as appropriate; places in specimen trays and, if
necessary, vials with completed specimen data cards) and catalogued, an
associated specimen data and corresponding geologic and geographic site
data will be archived (specimen and site numbers and corresponding data
entered into appropriate museum repository catalogs and computerized
data bases) at the museum repository by a laboratory technician. The
remains will then be accessioned into the museum* repository fossil
collection, where they will be permanently stored, maintained, and, along
with associated specimen and site data, made available for future study by
qualified scientific investigators.
*The City of Menifee must be consulted on the repository/museum to receive the
fossil material prior to being curated.
LANDSCAPING
19. Interim Landscaping. Graded but undeveloped land shall be maintained in a
condition so as to prevent a dust and/or blow sand nuisance and shall be either
planted with interim landscaping or provided with other wind and water erosion
control measures as approved by the Community Development Department
and the South Coast Air Quality Management District (SCAQMD).
20. Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition throughout the life of this permit. To
ensure that this occurs, the Community Development Department shall require
inspections in accordance with the Building Permit landscaping install and
inspection condition.
21. Landscape Plans. All landscaping plans shall be prepared in accordance with
the City’s Water Efficient Landscape Ordinance (MMC 15.04) and the Park
Design, Landscaping and Tree Preservation Ordinance (MMC 9.86). Such
plans shall be reviewed and approved by the Community Development
Department, and the appropriate maintenance authority.
22. Maintenance of Landscaping. All private landscaping shall be maintained by
a property owners association or individual property owner. All landscaping, and
similar improvements not properly maintained by a property owners association
or individual property owners must be annexed into a Community Facilities
District (CFD), or other mechanism as determined by the City of Menifee.
Conditions of Approval
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FEES
23. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to final map, grading plan,
building plan or mitigation monitoring review, shall be reviewed on an hourly
basis (research fee), or other such review fee as may be in effect at the time of
submittal, as required by Resolution No. 18-741 (Cost of Services Fee Study),
or any successor thereto. Each submittal shall be accompanied with a letter
clearly indicating which condition or conditions the submittal is intended to
comply with.
Prior to Final Map
24. Final Map. After the approval of the TENTATIVE MAP and prior to the
expiration of said map, the developer/owner shall cause the real property
included within the TENTATIVE MAP, or any part thereof, to be surveyed and
a FINAL MAP thereof prepared in accordance with the current Engineering
Department requirements, the conditionally approved TENTATIVE MAP, and in
accordance with Title 7 of the City of Menifee Municipal Code.
25. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or
registered civil engineer.
26. Reciprocal Access. As proposed, the 30 ft easement located on the north side
of the property is sufficient to serve as an interim driveway approach off of Haun
Road and facilitate right-in and right-out turn movements for the Project. Should
the property to the north develop in the future, the property owner to the north
may exercise the option to redesign the northerly access to accommodate a full
commercial driveway to serve both properties.
27. ECS. The developer/owner shall prepare an Environmental Constraints Sheet
(ECS) in accordance with Section 7.65.070 of the City of Menifee Municipal
Code, which shall be submitted as part of the plan check review of the FINAL
MAP.
28. Dark Sky Ordinance. The following Environmental Constraints Note shall be
placed on the ECS:
"This property is subject to lighting restrictions as required by the Menifee
Municipal Code Chapter 6.01, the “Dark Sky Ordinance”, which are intended to
reduce the effects of night lighting on the Mount Palomar Observatory. All
proposed outdoor lighting systems shall be in conformance with the Dark Sky
Ordinance.”
29. ECS Mitigation Monitoring Plan. The following Environmental Constraints
Note shall be placed on the ECS
Conditions of Approval
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“This property is subject to the Mitigation Monitoring and Reporting Plan
adopted as part of the Mitigated Negative Declaration for the Project on file
with the Community Development Department.”
RECORDATION OF FINAL MAP
FEES
30. Fees. Prior to recordation, the Planning Department shall determine if the
deposit based fees for the TENTATIVE MAP are in a negative balance. If so,
any unpaid fees shall be paid by the developer/owner and/or the
developer/owner's successor-in-interest.
Conditions of Approval
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Section III: Public
Works/Engineering Conditions of
Approval
Conditions of Approval
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The following are the Public Works (PW)-Engineering Department Conditions of Approval
for this development, which shall be satisfied at no cost to the City or any other
Government Agency. All questions regarding the intent of the following conditions shall be
referred to the PW Engineering Department, Land Development Section. The developer /
property owner shall use the standards and design criteria stated in the following
conditions, and shall comply with all applicable City of Menifee standards and ordinances.
Should a conflict arise between City of Menifee standards and design criteria, and any
other standards and design criteria, those of the City of Menifee shall prevail.
A. General Conditions
1. Subdivision Map Act - The developer / property owner shall comply with the State
of California Subdivision Map Act and the City’s Subdivision Ordinance (Title 7).
2. Proposed Parcel Map – The property owner is proposing to subdivide a 37.06
acres of land into six (6) Parcels: Parcel 1, Parcel 2, Parcel 3, Parcel 4, Parcel 5,
and Parcel 6. The proposed parcel map is a proposal to develop the land into
Commercial use.
3. Tentative Parcel Map. It is understood that the tentative parcel map correctly
shows acceptable centerline elevations, all existing easements, traveled ways and
drainage courses with appropriate Q’s, and that their omission or unacceptability
may require the map to be resubmitted for further consideration. All questions
regarding the true meaning of these conditions shall be referred to the PW
Department.
4. Bond Agreements, Grading and Improvement Security – To guarantee the
construction of all required grading and improvements, the developer/property
owner shall enter into Bond Agreements and post security or bonds in accordance
with applicable City policies and ordinances. The improvements shall include, but
not limited to: onsite/offsite grading, erosion control, street improvements, street
lights, traffic signals, signing and striping, public landscape improvements,
recreational paseos, parks, water/sewer/recycled water improvements, water
quality BMPs, and storm drainage facilities. If map recordation is required, bond
agreements shall be executed and bonds/security posted prior to final map
recordation. Otherwise, bond agreements and bond posting shall be required prior
to grading, building, or construction permit issuance whichever is applicable. It
should be noted that, with the exception of grading bond agreements, all other
bond agreements require Council approvals. Therefore it shall be the responsibility
of the developer/property owner to coordinate their project timing with City Council
calendar when requesting City approvals of bond agreements.
5. Bond Replacement, Reductions and Releases – All requests for bond
replacements (such as in changes of property ownerships), reductions (such as in
partial completion of improvements), releases (such as in completion of
improvements), shall conform to City policies, standards and applicable City
ordinances. It shall be the responsibility of the developer/property owner to notify
the City in time when any of these bond changes are necessary. The City shall
review all changes in Bond Agreements and the accompanying bonds or security.
Similarly, with the exception of grading bond agreements, all other agreement
changes require Council approvals. Therefore, it shall be the responsibility of the
Conditions of Approval
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developer/property owner to coordinate their project timing with City Council
calendar when requesting changes to bond agreements.
6. Existing and Proposed Easements - The submitted tentative parcel map shall
correctly show all existing easements, traveled ways, and drainage courses. Any
omission or misrepresentation of these documents may require said tentative
parcel map to be resubmitted for further consideration.
7. Engineered Plans - All street improvement plans and required grading plans shall
be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed, dated
and stamped by a registered civil engineer or other registered / licensed
professional as required.
8. Plan Check Submittal Process – Improvement plans and grading plans shall be
submitted with necessary supporting documentation and technical studies
(hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the PW
Engineering Department for review and approval. All submittals shall be signed,
and date stamped by the Engineer of Record. The plans must receive PW approval
prior to final map recordation; or issuance of any construction permit, grading
permit, or building permits as applicable or as determined by the PW Director. All
submittals shall include a completed City Fee or Deposit Based Worksheet and
the appropriate plan check fees paid.
9. Plan Approvals – The developer/property owner shall submit improvement plans
prior to final map recordation. These shall include plans for the construction of all
required improvements required for bonding prior to final map recordation (such
as street improvements, drainage improvements, landscape improvements, traffic
signals, streetlights). Required improvement plans and grading plans must be
technically approved, or received a substantial completion letter from the Public
Works Engineering Department prior to final map recordation, issuance of any
construction and/or grading permit as determined by PW Director/ City Engineer.
Prior to final approvals, the developer / property owner shall submit to the Public
Works / Engineering Department CAD layers of all improvements to be maintained
by the City (pavement, sidewalk, street lights, etc.). A scanned image of all final
approved grading and improvement plans on a Universal Serial Bus (USB) drive,
also known as a “flash” drive or “thumb” drive, shall be submitted, in one of the
following formats: (a) Auto CAD DXF, (b) GIS shape file (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.
10. Encroachment Permits – The developer / property owner shall obtain all required
encroachment permits and clearances prior to start of any work within City, State,
or local agency right-of-way. This also includes coordination and all work required
to obtain an encroachment permit from the City of Menifee, for any and all
improvements that fall within the City of Menifee jurisdiction.
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 17 of 47
11. As-Built Plans – Upon completion of all required improvements, the
developer/property owner shall cause the civil engineer of record to as-built all
project plans, and submit project base line of work for all layers on a USB drive to
the Public Works / Engineering Department, in one of the following formats: (a)
Auto CAD DXF, (b) GIS shape file (made up of ESRI extensions .shp, .shx and
.dbf) or (c) Geodatabase (made up of ESRI extension .gdb). If the required files
are unavailable, the developer/property owner shall pay a scanning fee to cover
the cost of scanning the as-built plans. The timing for submitting the as-built plans
shall be as determined by the Public Works Director.
12. Construction Activities and Times of Operation. The developer / property
owner shall monitor, supervise, and control all construction and construction
related activities to prevent them from causing a public nuisance including, but not
limited to, strict adherence to the following:
a. Any construction within the City limits located within 1/4 of a mile from an
occupied residence shall be limited to the hours of 6:30 a.m. to 7:30 p.m.,
Monday through Saturday, except on nationally recognized holidays in
accordance with Municipal Code Section 8.01.020. Construction on
Sunday or nationally recognized holidays are not permitted unless prior
approval is obtained from the City Building Official or City Engineer / PW
Director.
b. All spoils, debris, or other construction materials deposited on any public
street shall be removed no later than the end of each working day.
c. The construction site shall accommodate the parking of all motor vehicles
used by persons working at or providing deliveries to the site. Violation of
any condition or restriction or prohibition set forth in these conditions shall
subject the developer / property owner to remedies as set forth in the City
Municipal Code. In addition, the City Engineer / PW Director or the Building
Official may suspend all construction related activities for violation of any
condition, restriction or prohibition set forth in these conditions until such a
time that 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 PW Inspector prior
to start of any construction activities for this site.
13. Dry Utility Installations - Electrical power, telephone, 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 or below along the project frontage and
within the project boundaries which includes between the nearest poles offsite in
each direction of the project site. Interpretation of “nearest poles offsite” shall be
at the discretion of the PW Director/City Engineer. Other utility lines such as
telephone cables, telecommunication cables that are collocated with high voltage
poles shall be placed underground even when the high voltage lines (such as
115kV) are exempt from being placed underground. Exemption from
undergrounding low voltage lines shall only be by the Public Works Director / City
Engineer or as directed by the City Council. A disposition note describing the
above undergrounding and/or relocation shall be reflected on design improvement
plans whenever those plans are required. Prior to issuance of a Certificate of
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 18 of 47
Occupancy, the developer/property owner shall submit to the PW Engineering
Department, written proof from the pertinent utility company that the required utility
work has been completed
B. GRADING
General Conditions
14. Grading Regulations Chapter 8.26 - Any construction activity such as over-
excavation, re-compaction, cut, fill, base or paving which require a grading permit
and shall conform to the requirement of City Grading Regulations Chapter 8.26.
Additionally, grading permits are subject to the Public Works Department
conditions of approval stated herein.
15. Regulations and Ordinance on Grading within the City. All grading activities
shall conform to City Ordinances, City design standards and specifications, City
General Plan, applicable sections of California Building Code, and all other
relevant laws, rules and regulations governing grading in the City of Menifee. Prior
to commencing any grading, clearing, grubbing or any topsoil disturbances, the
applicant shall obtain a grading permit from the Public Works Engineering
Department. Grading activities that are exempt from a grading permit as outlined
by the City ordinance may still require a grading permit by the City Engineer when
deemed necessary to prevent the potential for adverse impacts upon drainage,
sensitive environmental features, or to protect property, health, safety, and welfare.
16. Dust Control. All necessary measures to control dust shall be implemented by
the developer during grading. Fugitive dust shall be controlled in accordance with
Rule 403 of the California Air Quality Control Board. A watering device shall be
present and in use at the project site during all grading operations.
Prior to Grading Permit
Geotechnical Report - A Geotechnical Engineering Investigation prepared by
C.W. La Monte Company, Inc., dated January 17, 2017, was submitted to the City.
The Geotechnical Engineering Investigation was reviewed in conformance with the
latest edition of the Riverside County Technical Guidelines for Review of
Geotechnical and Geologic Reports and was approved by the City. This Report
was approved on May 8, 2017. Prior to issuance of any grading permit, two copies
of the City-approved Geotechnical Engineering Investigation shall be submitted to
the PW-Engineering Department. The developer / property owner shall comply
with the recommendations of the report, and City standards and specifications. All
grading shall be done in conformance with the recommendations of the approved
Geotechnical Engineering Investigation.
17. Grading Permit for Clearing and Grubbing – A grading permit is required from
the PW-Engineering Department prior to any clearing, grubbing, or any topsoil
disturbances related to construction grading activities.
18. Erosion Control Plans – All required 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
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 19 of 47
prevent erosion. Erosion and sediment control BMPs are required year round in
compliance with the State Water Resources Control Board (SWRCB) Construction
General Permit (CGP). Additional erosion protection may be required during or
before an anticipated rain event.
19. Compliance with NPDES General Construction Permit – The developer /
property owner shall comply with the National Pollutant Discharge Elimination
System (NPDES) CGP from the SWRCB. Prior to approval of the grading plans or
issuance of any grading permit, the developer / property owner shall obtain a CGP
from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall
be submitted to the City; and the WDID number issued by the SWRCB shall be
reflected on all grading plans prior to approval of the plans. For additional
information on how to obtain a CGP, contact the SWRCB.
20. SWPPP - Prior to approval of the grading plans, the developer / property owner
shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the
development. The developer / property owner shall be responsible for uploading
the SWPPP into the State’s SMARTS database system, and shall ensure that the
SWPPP is updated to constantly reflect the actual construction status of the site.
A copy of the SWPPP shall be made available at the construction site at all times
until construction is completed. The SWRCB considers a construction project
complete once a Notice of Termination has been issued by SWRCB.
21. SWPPP for Inactive Sites – The developer / property owner shall be responsible
for ensuring that any graded area that is left inactive for a long period of time has
appropriate SWPPP BMPs in place and in good working conditions at all times
until construction is completed.
22. Grading Bonds – Prior to commencing any offsite grading, the applicant shall
obtain a grading permit from the PW-Engineering Department. Prior to issuance of
the permit, adequate performance grading security shall be posted by the
developer / property owner with the PW-Engineering Department.
23. Import / Export – Prior to issuance of a grading permit, grading plans involving
import or export of dirt shall require approval of the import / export locations from
the PW-Engineering Department. For projects importing soil, if the source locations
for proposed import were not previously approved with an Environmental Site
Assessment (ESA) that includes an assessment of the property of soil being
imported, a Soils Report/Geotechnical Report for the soil being imported shall be
submitted for review and approval by the PW-Engineering Department prior to
issuance of any grading permit. A haul route must be submitted for approval by the
PW-Engineering department prior to grading operations.
24. Offsite Grading Easements - Prior to recordation of a final map phase, or the
issuance of a grading permit within a phased map whichever occurs first, the
developer/property owner shall obtain all required easements and/or permissions
to perform offsite grading, from affected land owners. Notarized and recorded
agreement or documents authorizing the offsite grading shall be submitted to the
Public Works Engineering Department. If required offsite easements of
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 20 of 47
agreements cannot be obtained, redesign reviewed and approved by the City of
Menifee may be necessary.
DESIGN GUIDELINES:
25. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved by the PW-
Engineering Department.
26. Slope Stability - A slope stability report shall be submitted and approved by the
PW-Engineering Department for all proposed cut or fill slopes steeper than 2:1
(horizontal to vertical) or over 30 feet in vertical height - unless addressed in a
previously City approved report.
27. Slope Landscaping and Irrigation – All manufactured slopes shall be irrigated
and landscaped with grass or approved ground cover, and shall have some type
of drainage swale at the toe of the slope to collect runoff. Slopes exceeding 15 feet
in vertical height shall be irrigated and planted with shrubs and/or trees per
applicable City ordinances. Drip irrigation shall be used for all irrigated slopes.
28. Control Measures for Slopes Greater than 3 feet in Vertical Height - Erosion
control and/or landscape plans are required for manufactured slopes greater than
3 feet in vertical height. The plans shall be prepared and signed by a registered
landscape architect, and bonded per applicable City ordinances.
29. Temporary Erosion Control Measures - shall be implemented immediately
following rough grading to prevent deposition of debris onto downstream properties
or drainage facilities. Plans showing these measures shall be submitted to the PW-
Engineering Department for review and approval.
30. Dust Control - During actual grading, all necessary measures to control dust shall
be implemented by the developer / property owner in accordance with Air Quality
Management District (AQMD) requirements. A watering device shall be present
and in use at the project site during all grading operations.
31. Use of Maximum and Minimum Grade Criteria – Actual field construction grades
shall not exceed the minimum and maximum grades for ADA and approved project
grading design, to allow for construction tolerances. Any improvement that is out
of the minimum and maximum values will not be accepted by the City Inspector,
and will need to be removed and replaced at the expense of the developer /
property owner.
32. Cross Lot Drainage: Prior to or concurrent with parcel map recordation, cross lot
drainage easement will be recorded on all parcels affected by the approved
drainage study.
Prior to Building Permit
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 21 of 47
33. No Building Permit without Grading Permit - Prior to issuance of any building
permit, the developer / property owner shall obtain a grading permit and / or
approval to construct from the PW-Engineering Department.
34. 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 PW-Engineering Department for verification and acceptance.
35. Conformance to Elevations / Geotechnical Compaction - Rough grade
elevations for all building pads and structure pads submitted for grading plan check
approval shall be in substantial conformance with the elevations shown on
approved grading plans. Compaction test certification shall be in compliance with
the approved project geotechnical / soils report.
Prior to Issuance of Certificate of Occupancy
36. 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 form, for each building requesting a
certificate of occupancy. The certification shall be submitted to the PW-
Engineering Department for verification and acceptance.
37. Conform to Elevations - Final grade elevations of all building or structure finish
floors submitted for grading plan check approval shall be in substantial
conformance with the elevations shown on the approved grading plans.
C. DRAINAGE
38. 10 YR Curb – 100 YR ROW: The 10 year storm flow shall be contained within the
curb and the 100 year storm flow shall be contained within the street right of way.
When either of these criteria is exceeded, additional drainage facilities shall be
installed. The property shall be graded to drain to the adjacent street or an
adequate outlet.
39. 100 YR Sump Outlet: Drainage facilities outletting in sump conditions shall be
designed to convey the tributary 100 year storm flows. Additional emergency
escape shall also be provided.
40. Coordinate Drainage Design: Development of this property shall be coordinated
with the development of adjacent properties to ensure that watercourses remain
unobstructed and storm waters are not diverted from one watershed to another.
This may require the construction of temporary drainage facilities or offsite
construction and grading. A drainage easement shall be obtained from the
affected property owners for the release of concentrated or diverted storm flows.
A copy of the recorded drainage easement shall be submitted to the PW-
Engineering Department for review.
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 22 of 47
41. BMP – Energy Dissipators: Energy Dissipators, such as rip-rap, shall be installed
at the outlet of a storm drain system that discharges runoff flows into a natural
channel or an unmaintained facility. The dissipators shall be designed to minimize
the amount of erosion downstream of the storm drain outlet.
42. Trash Racks: Trash Racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large, floatable debris.
Prior to Grading Permit Issuance
43. Perpetual Drainage Patterns (Easements) - Grading shall be designed in a
manner that perpetuates the existing natural drainage patterns and conditions with
respect to tributary drainage areas and outlet points. Where these conditions are
not preserved, necessary drainage easements shall be obtained from all affected
property owners for the release onto their properties of concentrated or diverted
storm flows. A copy of the recorded drainage easement shall be submitted to the
PW-Engineering Department for review.
44. Protection of Downstream Properties - The developer / property owner shall
protect downstream properties from damages that can be caused by alteration of
natural drainage patterns, i.e., concentration or diversion of flow. Protection shall
be provided by constructing adequate drainage facilities, including enlarging
existing facilities and securing necessary drainage easements.
45. Drainage Study - The developer / property owner submitted a Preliminary
Drainage Study, prepared by Albert A. Webb, dated July, 2019. The PW-
Engineering Department has reviewed the Preliminary Drainage Study, and has
granted conditional approval, pending the developer / property owner addressing
the following remaining Engineering comments during the Final Engineering
phase: An additional hydraulic analysis must be provided in the final engineering
drainage study to demonstrate that the existing storm drain system in Menifee
Road has the capacity to convey the additional offsite storm flow
46. Final Drainage Studies – The Drainage Study that has been submitted and
approved by the City of Menifee is only approved for the interim on-site conditions
and the off-site conditions. As each parcel is processed for
entitlement/development, either a parcel specific hydrology report and/or hydraulic
analysis (i.e. drainage study) will be prepared and submitted to the City for review
and approval, or a master drainage study for the entire development must be
modified and submitted to the city for review and approval. The drainage study
shall analyze how development of the project parcel(s) will impact the pertinent
storm drain infrastructure within and around the parcel(s), and describe whether
additional improvements will be required. Any additional infrastructure that may be
required from the development of the parcel(s) will be the responsibility of the
developer/owner.
Prior to Building Permit Issuance
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 23 of 47
47. Offsite Easements or Redesign: Offsite drainage facilities shall be located within
dedicated drainage easements obtained from the affected property owner(s).
Document(s) shall be recorded and a copy submitted to the PW-Engineering
Department prior to recordation of the final map. If the developer cannot obtain
such rights, the map should be redesigned to eliminate the need for the easement.
48. Written Permission for Grading: Written permission shall be obtained from the
affected property owners allowing the proposed grading and / or facilities to be
installed outside of the tract boundaries. A copy of the written authorization shall
be submitted to the PW-Engineering Department for review and approval.
49. Onsite Storm Drain Lines: The developer shall construct the proposed onsite
storm drain lines. These storm drains are to be maintained by the property owners,
which should be clearly stated in the established Property Owners Association
(POA). The proposed storm drains shown on the Approved Tentative Parcel Map
are to be adequate for the ultimate improvements. However, if parcel-specific
studies show the need for additional storm drain improvements in order to maintain
an acceptable drainage, the developer will be responsible for both submitting plans
for these additional improvements for approval, and the construction of said
improvements.
50. Offsite Storm Drain Lines: The developer shall construct the proposed offsite
storm drain lines. These storm drains are to be maintained by the established City
of Menifee citywide Community Facilities Maintenance District (Services), which
shall be either CFD 2015-2 or CFD 2017-1, as determined by the Public Works
Direct/City Engineer.
51. Connection to the Paloma Wash Channel: Project proposes the extension of
Lateral Storm Drain Line P, and new onsite storm drains that connects to a lateral
connection to drain to the Paloma Wash Channel. The Developer shall construct
this storm drain line prior to any building permit issuance. Prior to construction of
this storm drain connection, developer shall obtain an encroachment permit from
Riverside County Flood Control (RCFC). If a cooperative agreement is required,
the agreement must be executed and recorded prior to any approval of storm drain
improvement plans.
D. WASTE MANAGEMENT
52. AB 341. AB 341 focuses on increased commercial waste recycling as a method
to reduce greenhouse gas (GHG) emissions. The regulation requires businesses
and organizations that generate four or more cubic yards of waste per week and
multifamily units of 5 or more, to recycle. A business shall take at least one of the
following actions in order to reuse, recycle, compost, or otherwise divert
commercial solid waste from disposal:
a) Source separate recyclable and/or compostable material from solid
waste and donate or self-haul the material to recycling facilities.
b) Subscribe to a recycling service with their waste hauler.
c) Provide recycling service to their tenants (if commercial or multi-family
complex).
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 24 of 47
d) Demonstrate compliance with the requirements of California Code of
Regulations Title 14.
For more information please visit:
www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#mand
atory
53. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate
eight (8) cubic yards or more or organic waste per week, to arrange for organic
waste recycling services. The threshold amount of organic waste generated
requiring compliance by businesses is reduced in subsequent years. Businesses
subject to AB 1826 shall take at least one of the following actions in order to divert
organic waste from disposal:
Source separate organic material from all other recyclables and donate or self-
haul to a permitted organic waste processing facility.
a) 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.
b) Consider xeriscaping and using drought tolerant / low maintenance
vegetation in all landscaped areas of the project.
Effective January 1, 2019, the above requirements will be 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, effective January 1,
2019, a 3rd trash bin will be required for organics recycling, which will require a
larger trash enclosure to accommodate three (3) trash bins.
Prior to Building Permit Issuance:
54. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a
building permit for each building, the applicant shall submit three (3) copies of a
Recyclables Collection and Loading Area plot plan to the City of Menifee
Engineering/Public Works Department for review and approval. The plot plan shall
show the location of and access to the collection area for recyclable materials,
along with its dimensions and construction detail, including elevation/façade,
construction materials and signage. The plot plan shall clearly indicate how the
trash and recycling enclosures shall be accessed by the hauler.
55. Waste Recycling Plan. Prior to the issuance of a building permit for each
building, a Waste Recycling Plan (WRP) shall be submitted to the City of Menifee
Engineering/Public Works Department approval. Completion of Form B, “Waste
Reporting Form” of the Construction and Demolition Waste Diversion Program
may be sufficient proof of WRP compliance, as determined by the PW Director/City
Engineer. At a minimum, the WRP must identify the materials (i.e., concrete,
asphalt, wood, etc.) that will be generated by construction and development, the
projected amounts, the measures/methods that will be taken to recycle, reuse,
and/or reduce the amount of materials, the facilities and/or haulers that will be
utilized, and the targeted recycling or reduction rate. During project construction,
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 25 of 47
the project site shall have, at a minimum, two (2) bins; one for waste disposal and
the other for the recycling of Construction and Demolition (C&D)
materials. Additional bins are encouraged to be used for further source separation
of C&D recyclable materials. Accurate record keeping (receipts) for recycling of
C&D recyclable materials and solid waste disposal must be kept. Arrangements
can be made through the franchise hauler.
Prior to Issuance of Certificate of Occupancy:
56. Waste Management Clearance. Prior to issuance of an occupancy permit for
each building, evidence (i.e., receipts or other type of verification) shall be
submitted to demonstrate project compliance with the approved WRP to the
Engineering and Public Works Department in order to clear the project for
occupancy permits. Receipts must clearly identify the amount of waste disposed
and Construction and Demolition (C&D) materials recycled. Completion of Form
C, “Waste Reporting Form” of the Construction and Demolition Waste Diversion
Program along with the receipts may be sufficient proof of WRP compliance, as
determined by the PW Director/City Engineer
E. TRAFFIC ENGINEERING AND STREET IMPROVEMENTS
57. Traffic Impact Analysis Report. The development shall comply with all the
mitigation measures identified to be constructed or provided in the approved traffic
impact analysis (TIA), dated May 2020 prepared by Albert A Webb Associates.
PW-Engineering – Traffic Engineering Division has reviewed the TIA and has
concurred with its findings. The developer / property owner shall be responsible
for all improvements, such as but not limited to; right-of-way frontage
improvements, traffic signal construction or mitigation, fair share fees, required or
identified in the approved traffic study and according to these Conditions of
Approval. All required improvements identified in the study shall be included in all
improvement plans for review and approval by PW-Engineering. The
recommendations/mitigation measures outlined in the approved TIA are as
discussed below. Additional improvements or redesign may be required to
address public safety and welfare, as determined by the City Engineer / PW
Director.
58. Focused Traffic Study – With the development of each Parcel in the Parcel Map,
a traffic study may be required and shall be submitted to the City for review and
approval.
59. Paving or Paving Repairs. The applicant 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.
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 26 of 47
60. Concrete Work. All concrete work including curbs, gutters, sidewalks, driveways,
cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a
28-day minimum concrete strength
Prior to Building Permit Issuance
61. Street Improvements Prior to building permit issuance, any necessary street
improvement plans shall be approved by the City Engineer in accordance with City
Design Standards and Specifications, the City General Plan, any City adopted
ordinances, and all other relevant laws, rules and regulations governing street
construction in the city.
62. Signing and Striping Plan. Prior to issuance of a building permit, any necessary
signing and striping plan shall be approved by the City Traffic Engineer in
accordance with City ordinances, standards and specifications, and with the latest
edition of the CAMUTCD. Signing and striping plans may include a striped bike
lane per City General Plan requirements.
63. Driveway Geometrics. Final driveway geometrics may be modified in final
engineering as approved by the City Engineer / PW Director. Driveways shall meet
current standard radii on all existing and proposed commercial drive approaches
used as access to the proposed development. The developer shall adhere to all
City standards and regulations for access and ADA guidelines.
64. Sight Distance Analysis. Sight distance analysis shall be conducted at all project
roadway entrances for conformance with City sight distance standards. The
analysis shall be reviewed and approved by the PW Director, and shall be
incorporated in the final grading plans, street improvement plans, and landscape
improvement plans.
65. Traffic Signal Control Devices. All new traffic signals and traffic signal
modifications required for construction by this development shall include traffic
signal communication infrastructure, network equipment, and Advanced Traffic
Management System (ATMS) license software. Said traffic signal control devices
shall be submitted with the traffic signal design plans, and shall be approved by
the PW Director, prior to testing of new traffic signal. Traffic signal poles shall be
placed at ultimate locations when appropriate.
66. Traffic Signal Timing Plans. Traffic signal timing plans for new and or modified
signalized intersections shall be submitted with the traffic signal design plans and
shall be approved by the PW Director prior to installation and testing of new signal.
67. Intersection Geometrics. All temporary/final intersection geometrics may be
modified in final engineering as approved by the PW Director.
68. Construction Traffic Control Plan - Prior to start of any project related
construction, the developer / property owner shall submit to the PW-Engineering
Department for review and approval, a Construction Traffic Control Plan in
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 27 of 47
compliance with all applicable City ordinances, standards and specifications, and
the latest edition of the CAMUTCD. This traffic control plan shall address impacts
from construction vehicular traffic, noise, and dust and shall propose measures to
mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for
safe use of public roads right-of-way during construction. The plan shall specify
mitigation measures to address the following:
a) Dust and dirt fallout from truck loads and gets entrained onto City
roadways: (1) Biweekly street sweeping during construction activity,
and daily during all grading operations. (2) Approved BMPs shall be
installed at all approved construction entrances as part of the SWPPP.
b) Noise from construction truck traffic: Include construction time and
operation of vehicles through surrounding residential streets.
c) Traffic safety within the road right-of-way: Include temporary traffic
control measures and devices.
69. Fair Share Cost Estimates - This project is required to contribute fair share costs
for associated intersection and roadway geometric improvements with respect to
ultimate roadway improvements. The fair share cost estimates for geometric
improvements shall be based on conceptual exhibits. The conceptual exhibits
shall show the proposed improvements overlaid onto the existing roadway to
determine the construction cost of said improvement.
70. Cost Participation through Payment of TUMF, DIF and RBBD for Offsite
Improvements. The developer/property owner’s TUMF, DIF and RBBD payment
obligations shall be considered as cost participation for Project’s required offsite
improvements only when the offsite improvements for which credits are claimed,
are eligible TUMF, DIF and RBBD facilities at time of TUMF, DIF and RBBD
payments. Determination for TUMF credits shall be at the discretion of the
Western Riverside Council of Governments (WRCOG), the governing authority,
which shall include entering into a three party TUMF Credit Agreement with the
developer, WRCOG and the City of Menifee.
Prior to Issuance of Certificate of Occupancy
71. Haun Road Frontage Street Improvements. The developer / property owner
shall construct the required half width street improvements along Haun Road from
Holland Road to the projects Northern Boundary at its ultimate cross-section as a
modified Major Roadway. The required improvements shall include construction of
4 lanes (2 northbound, 2 southbound), raised landscape median, left turn pockets,
bike lanes, landscaped parkways, and sidewalk along the project frontage. A
raised landscape median shall be installed within Haun Road from Holland Road
to the northern project boundary. At the end of the median at the northern project
boundary, a striped median transitioning to the existing roadway shall be installed.
The Right of Way for Haun Road shall be 132’ from Holland Road to Driveway 2
with a 21’ parkway on the west side, 94’ curb to curb, and 17’ minimum parkway
on the east side. A bus stop with an appropriately designed bus turn out shall be
installed between this segment.
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 28 of 47
The Right of Way for Haun Road shall be 130’ from Driveway 2 to the northern
project boundary with a 21’ parkway on the west side, 90’ curb to curb, and 21’
minimum parkway.
The improvements along Haun Road shall include safe transitions and
terminations as approved by the PW Director.
72. Merging Pavement Taper – Haun Road. The developer shall construct a
minimum 50’:1 pavement taper merging north of the Project Boundary to merge
the proposed improvements along Haun Road to the existing roadway conditions,
as shown on the Tentative Parcel Map. If the developer is unable to obtain
necessary Right of Way in order to satisfy this condition, the developer can submit
a redesign for review and approval by the City Engineer, designed in accordance
with city standards.
73. Commercial Driveways. The developer / property owner shall construct
driveways at both Driveway 1 and Driveway 2 (as indicated in the Traffic Impact
Analysis) per City of Menifee Standard Plan No. 208 for Commercial Driveway
Approach.
74. Intersection of Project Driveway 1 at Haun Road. The developer/property owner
shall construct the northern project Driveway 1 at Haun Road with following
geometrics:
a. Northbound: One through lane. One shared through/ right-turn lane.
b. Southbound: Two through lanes.
c. Eastbound: Not Applicable.
d. Westbound: One right-turn lane. Stop controlled.
75. Traffic Signal at Project Driveway 2 and Haun Road. The developer/property
owner shall install a new traffic signal at the southern project Driveway 2 and Haun
Road with following geometrics:
a. Northbound: One through lane. One shared through/right turn lane.
b. Southbound: Two left-turn lanes (minimum 375’ pocket). Two through
lanes.
c. Eastbound: Not Applicable.
d. Westbound: One left-turn lane. One right-turn lane with overlap phasing.
76. Traffic Signal at Haun Road and Holland Road. The developer/property owner
shall install a new traffic signal at Haun Road and Holland Road with the following
geometrics:
a. Northbound: Two left turn lanes (minimum 300’ pocket). One through lane.
One shared through/right turn lane.
b. Southbound: Two left turn lanes (minimum 300’ pocket). Two through
lanes. One right turn lane with overlap phasing.
c. Eastbound: Two left turn lanes (minimum 200’ pocket). One through lane.
One right turn lane (minimum 100’ pocket).
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 29 of 47
d. Westbound: One left turn lane (minimum 230’ pocket). One through lane.
One shared through/right turn lane.
77. Traffic Signal at Sherman Road and Holland Road. The developer/property
owner shall install a new traffic signal at Sherman Road and Holland with the
following geometrics:
a. Northbound: One left turn lane (minimum 150’ pocket). One shared
through/right turn lane.
b. Southbound: One left turn lane (minimum 200’ pocket). One shared
through/right turn lane.
c. Eastbound: One left turn lane (minimum 250’ pocket). One through lane.
One right turn lane (minimum 150’ pocket).
d. Westbound: One left turn lane (minimum 150’ pocket). One through lane.
One right turn lane (minimum 150’ pocket).
78. Cost Participation through Payment of Fair Share. The developer / property
owner shall pay fair share costs for offsite improvements determined as follows:
a. Bradley Road between Park Avenue and Newport Road. The
developer/property owner shall pay fair share to widen Bradley Road
between Park Avenue and the Newport Road to a four lane with two-way-
left turn lane at a fair share cost of 11.43% of the total cost of the
improvement. The improvement shall accommodate 4 lanes (2 northbound
lanes, 2 southbound lanes), two-way-left turn lane, and left turn pockets at
intersections.
b. Haun Road between La Piedra Road and Holland Road. The
developer/property owner shall pay fair share to widen Haun Road between
La Piedra Road and the Holland Road to a four lane with raised landscape
median at a fair share cost of 79.37% of the total cost of the improvement.
The improvement shall accommodate 4 lanes (2 northbound lanes, 2
southbound lanes), raised landscape median, and left turn pockets at
intersections.
c. Haun Road between Holland Road and Scott Road. The
developer/property owner shall pay fair share to widen Haun Road between
Holland Road and Scott Road to a four lane with raised landscape median
at a fair share cost of 24.85% of the total cost of the improvement. The
improvement shall accommodate 4 lanes (2 northbound lanes, 2
southbound lanes), raised landscape median, and left turn pockets at
intersections.
d. Holland Road Overcrossing. Improve roadway geometrics as part of the
Holland Road Overpass Project at a fair share cost of 1.0% of the total cost
of improvement. This improvement would allow for the construction of the
Holland Road Overpass from Haun Road to Hanover Lane.
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 30 of 47
e. Antelope Road and Newport Road. Improve intersection geometrics at
Antelope Road and Newport Road at a fair share cost of 14.2% of the total
cost of the improvement. The intersection improvements are as follows:
i. Eastbound: Restripe to add one right turn lane.
f. Menifee Road and Newport Road. Improve intersection geometrics at
Menifee Road and Newport Road at a fair share cost of 16.8% of the total
cost of the improvement. The intersection improvements are as follows:
i. Southbound: Add right turn overlap phasing.
g. Bradley Road and Holland Road. Improve intersection geometrics at
Bradley Road and Holland Road at a fair share cost of 17.9% of the total
cost of the improvement. The intersection improvements are as follows:
i. Eastbound: Restripe to add one right turn lane.
h. Antelope Road and Albion Lane. Improve intersection geometrics at
Antelope Road and Albion Lane at a fair share cost of 11.7% of the total
cost of the improvement. The intersection improvements are as follows:
i. Install a traffic signal
i. Palomar Road and Holland Road. Improve intersection geometrics at
Bradley Road and Holland Road at a fair share cost of 8.3% of the total
cost of the improvement. The intersection improvements are as follows:
i. Install a traffic signal
ii. Eastbound: Construct one left turn lane.
iii. Westbound: Restripe to add one left turn lane.
E. STREET STANDARDS, DEDICATIONS, AND VACATIONS
79. Improvements - Street improvements shall conform to all applicable City Design
Standards and Specifications, the City General Plan, applicable City Ordinances,
and all other relevant laws, rules and regulations governing street construction in
the City.
80. Soils and Pavement Report – Street pavement structural designs shall comply
with the recommendations in the City approved Project soils and pavement
investigation report, and must meet minimum City standards and specifications, as
approved by the PW Director.
81. Street Improvement Plan Profile – Unless specifically required by the approved
traffic study, improvement plans shall be prepared based upon a design profile
extending a minimum of 300 feet beyond project boundaries at grade and
alignment approved by PW-Engineering Department.
82. Streetlight Plan – Street light construction plans shall be prepared as separate
plans or combined with the public street improvement plans as approved by the
PW Director.
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 31 of 47
83. Streetlight Design as LS-3 Rate Lights – All streetlights, other than traffic signal
safety lights, shall be designed as LS-3 rate lights in accordance with approved
City standards and specifications, and as determined by the PW Director.
84. Public Streetlights Service Points – All proposed public streetlights shall be
provided with necessary appurtenances and service points for power, separate
from privately owned streetlights. The developer/property owner shall coordinate
with the PW Department and with Southern California Edison the assignment of
addresses to streetlight service points. Service points for proposed public
streetlights shall become public and shall be located within public right of way or
within duly dedicated public easements.
85. Street Name Sign - If applicable, the developer / property owner shall install street
name sign(s) in accordance with applicable City Standards or as directed by the
PW-Engineering Department.
86. Easement for Public Utility Purposes – As proposed, the 30 ft easement located
on the north side of the property is sufficient to serve as an interim driveway
approach off of Haun Road and facilitate right-in and right-out turn movements for
the Project. Should the property to the north develop in the future, the property
owner to the north may exercise the option to redesign the northerly access to
accommodate a full commercial driveway to serve both properties.
Prior to Building Permit Issuance
87. Holland Overpass Right of Way (ROW). Acquisition of all right of way required
for the future Holland Road Overcrossing at Interstate 215 must be complete prior
to any building permit issuance.
88. Onsite Overhead Lines within Dedicated ROW Boundaries (IF APPLICABLE)
– Portions of existing right of ways (ROW) within project boundaries may be
proposed for vacation with the recordation of the final map phase containing the
ROW. If this situation applies to this development, then prior to recordation of the
final map phases that have existing overhead lines, the developer / property
owners shall coordinate the undergrounding, relocation or removal of said lines
with appropriate agencies. ROWs with existing overhead lines shall not be vacated
without the utilities being first removed, relocated or replaced.
89. Acceptance of Public Roadway Dedication and Improvements – Onsite
easements and right-of way for public roadways shall be granted to the City of
Menifee through the final map, or other acceptable recordable instrument. Any off-
site rights-of-way required for access road(s) shall be accepted to vest title in the
name of the public if not already accepted. Any shared access roads necessary
for the adequate circulation of the proposed project, shall be dedicated for
reciprocal access by acceptable recordable instrument prior to any permit
issuance.
90. Encroachment Permits – The developer / property owner shall obtain all required
encroachment permits and clearances prior to start of any work within City, State,
or local agency right-of-way.
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 32 of 47
91. Onsite Roadways – The developer has proposed easements for public utility
purposes onsite. Prior to approval of any parcel development, the city shall review
and approve any internal roadway that may be proposed each parcel.
G. WATER, SEWER, AND RECYCLED WATER
92. Meet Minimum Standards - All water, sewer and recycled water improvements
shall be designed per the Eastern Municipal Water District (EMWD) standards and
specifications, including required auxiliaries and appurtenances. The final design,
including pipe sizes and alignments, shall be subject to the approval of EMWD.
93. Utility Improvement Plans – Public Water, Sewer and Recycled Water
improvements shall be drawn on City title block for review and approval by the PW-
Engineering Department and EMWD.
94. Onsite and Offsite Sewer, Water and Recycled Water Improvements – All
public onsite and offsite sewer, water and recycled water improvements shall be
guaranteed for construction prior to final map recordation. Improvements shall be
constructed prior to building permit issuance.
H. NPDES AND WQMP
95. All City of Menifee requirements for NPDES and Water Quality Management Plans
(WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for
Stormwater / Urban Runoff Management Program unless otherwise approved by
the Public Works Director/City Engineer. This project is required to submit a project
specific WQMP prepared in accordance with the latest WQMP guidelines
approved by the Regional Water Quality Control Board.
96. Trash Enclosures Standards and Specifications – Storm runoff resulting in
direct contact with trash enclosure, or wastewater runoff from trash enclosure are
prohibited from running off a site onto the City MS4 without proper treatment. Trash
enclosures in new developments and redevelopment projects shall meet new
storm water quality standards including:
a) Provision of a solid impermeable roof with a minimum clearance height
to allow the bin lid to completely open.
b) Constructed of reinforced masonry without wooden gates. Walls shall
be at least 6 feet high.
c) Provision of concrete slab floor, graded to collect any spill within the
enclosure.
d) All trash bins in the trash enclosure shall be leak proof with lids that are
continuously kept closed.
e) The enclosure area shall be protected from receiving direct rainfall or
run-on from collateral surfaces.
Any standing liquids within the trash enclosures without floor drain must be cleaned
up and disposed of properly using a mop and a bucket or a wet/dry vacuum
Conditions of Approval
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June 24, 2020
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machine. All non-hazardous liquids without solid trash may be put in the sanitary
sewer as an option, in accordance with Eastern Municipal Water District (EMWD)
criteria.
An alternate floor drain from the interior of the enclosure that discharges to the
sanitary sewer may be constructed only after obtaining approval from EMWD. This
option requires the following:
a) The trash enclosure shall be lockable and locked when not in use with
a 2-inch or larger brass resettable combination lock. Only employees
and staff authorized by the enclosure property owner shall be given
access. This requirement may not be applicable to commercial
complexes with multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of gasses
from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection nearby
with an approved backflow preventer. The spigot shall be protected and
located at the rear of the enclosure to prevent damage from bins.
97. SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board
(State Board) adopted amendments to the Water Quality Control Plan for Ocean
Waters of California and the Water Quality Control Plan for Inland Surface Waters,
Enclosed Bays, and Estuaries – collectively referred to as the “Trash
Amendments.” Applicable requirements per these amendments shall be adhered
to with implementation measures, prior to building permit issuance. Projects
determined to be within Priority Land Uses as defined in the Trash Amendments,
shall provide trash full capture devices to remove trash from all Priority Land Use
areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash
full capture devices shall be listed on the State Board’s current list of certified full
capture devices posted on their website
(https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_imple
mentation.shtml), or otherwise approved by State or Regional Water Quality
Control Board staff. Storm water runoff from privately owned Priority Land Use
areas shall be treated by full capture devices located within privately owned storm
drain structures or otherwise located on the privately owned property, whenever
possible. Runoff from Priority Land Use areas created or modified by the project,
and which are proposed to be City owned, shall be treated by full capture devices
located within city-owned storm drains or otherwise located within the public right
of way.
Prior to Issuance of Grading Permit
98. Preliminary Water Quality Management Plan (WQMP) Plan Check Comments
– A Preliminary WQMP, prepared by Albert A. Webb & Associates, dated January,
2019,_was approved by the PW-Engineering Department. However, this
Preliminary WQMP only proposes BMPs designed to treat the runoff produced
from the public street flows within Haun Rd. Prior to grading permit issuance, each
individual parcel is required to submit its own Water Quality Analysis to propose
and implement BMPs within that lot, tailored for the parcel in question.
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 34 of 47
99. Parcel Specific Final Water Quality Management Plan (Final WQMP): Prior to
Issuance of a grading permit for the individual parcels, a FINAL WQMP, either
parcel specific or a modification to a master WQMP for the development, in
substantial conformance with the approved PRELIMINARY WQMP shall be
reviewed and approved by the Public Works Engineering Department. Final
construction plans shall incorporate all of the structural BMPs identified in the
approved FINAL WQMP. The final Developed Project shall implement all structural
and non structural BMPs specified in the Approved Final WQMP. Once copy of
each the approved Final WQMP on a CD-ROM in pdf format shall be submitted to
the Public Works Engineering Department. The FINAL WQMP submittal shall
included at a minimum, the following reports / studies.
i. Final Drainage Study
ii. Soils Report that includes soil infiltration capacity
iii. Phase II Environmental Site Assessment Report, as maybe
required by the approved Phase I ESA
Final construction plans shall incorporate all of the structural BMPs identified
in the approved FINAL WQMP. The final developed project shall implement
all structural and non-structural BMPs specified in the approved FINAL
WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format
shall be submitted to the Public Works Engineering Department.
100. Revising The Final WQMP: In the event the Final WQMP requires design
revisions that will substantially deviate from the approved Prelim WQMP, a revised
or new WQMP shall be submitted for review and approval by the PW-Engineering
Department. The cost of reviewing the revised/new WQMP shall be charged on a
time and material basis. The fixed fee to review a Final WQMP shall not apply, and
a deposit shall be collected from the applicant to pay for reviewing the substantially
revised WQMP.
101. WQMP Right of Entry and Maintenance Agreement: Prior to, or
concurrent with the approval of the FINAL WQMP, the developer / property owner
shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an
acceptable Right of Entry and Maintenance Agreement with the City to inform
future property owners of the requirement to perpetually implement the approved
FINAL WQMP.
Prior to Issuance of Certificate of Occupancy
102. Implement Project and Parcel Specific WQMPs: All structural BMPs described
in the project-specific and parcel-specific WQMPs shall be constructed and
operational in conformance with approved plans and specifications. It shall be
demonstrated that the developer / property owner is prepared to implement all
BMPs described in the approved project specific WQMP and that copies of the
approved project-specific WQMP are available for the future owners/occupants.
The City will not release occupancy permits for any portion of the project, or any
proposed map phase prior to the completion of the construction of all required
structural BMPs, and implementation of non-structural BMPs.
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 35 of 47
103. WQMP / BMP Education: Prior to issuance of any Certificate of Occupancy,
the developer / property owner shall provide the City proof of notification to future
occupants, of all BMPs and educational and training requirements for said BMPs
as directed in the approved WQMP. At a minimum, acceptable proof of notification
must be in the form of a notarized affidavit. The developer must provide to the
PW-Engineering Department a notarized affidavit stating that the distribution of
educational materials to future homebuyers has been completed prior to issuance
of occupancy permits.
NPDES Public Educational Program materials may be obtained from the Riverside
County Flood Control and Water Conservation District (District) - NPDES Section
by accessing the District's website at www.floodcontrol.co.riverside.ca.us.
I. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT
Annexation
Prior to Final Map Recordation
104. Annexation to the Citywide Community Facilities District (CFD)– Prior to final
map recordation, the developer/property owner shall complete the annexation of
the proposed development, into the boundaries of a City of Menifee citywide
Community Facilities Maintenance District (Services), as determined by the Public
Works Direct/City Engineer. The citywide CFD shall be responsible for:
The maintenance of public improvements or facilities that benefit this development,
including but not limited to, public landscaping, streetlights, traffic signals, streets,
drainage facilities, water quality basins, graffiti abatement, and other public
improvements or facilities as approved by the Public Works Director.
The developer/property owner shall be responsible for all cost associated with the
annexation of the proposed development in the citywide CFD. If the developer /
property owner does not record a final map, but instead does a Plot Plan, then the
annexation shall be completed prior to the issuance of the Building Permit.
105. CFD Annexation Agreement - In the event timing for this development’s schedule
prevents the developer / property owner from complying with the conditions of
approval for CFD annexation, the developer shall enter into a CFD annexation
agreement to allow the annexation to complete after the final map recordation or
after the Building Permit Issuance if no final map being processed, but prior to
issuance of a Certificate of Occupancy. The developer shall be responsible for all
costs associated with the preparation of the CFD annexation agreement. The
agreement shall be approved by the City Council prior to final map recordation, or
prior to Building Permit Issuance if no final map is being processed.
106. Landscape Improvement Plans for CFD Maintenance – Landscape
improvements within public ROW and/or areas dedicated to the City for the
citywide CFD to maintain shall be prepared on a separate City CFD plans for
review and approval by the PW Engineering Department. The plans may be
prepared as one plan for the entire development as determined by the PW
Director. When necessary as determined by the PW Director, a separate WQMP
Conditions of Approval
Tentative Parcel Map 2016-185 (TPM 37121)
June 24, 2020
Page 36 of 47
construction plan on City title block maybe required for review and approval by the
PW Engineering Department prior to issuance of a grading permit.
107. Parkway Landscaping Design Standards - The parkway areas behind the street
curb within the public’s right-of-way, shall be landscaped and irrigated per City
standards and guidelines.
108. CFD Landscape Guidelines and Improvement Plans – All landscape
improvements for maintenance by the CFD shall be designed and installed in
accordance with City CFD Landscape Guidelines, and shall be drawn on a
separate improvement plan on City title block. The landscape improvement plans
shall be reviewed and approved by the PW Engineering Department prior to
issuance of a construction permit.
109. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant
facilities to be maintained a citywide shall be built to City standards. The developer
shall be responsible for ensuring that landscaping areas to be maintained by the
CFD have its own controller and meter system, separate from any private
controller/meter system.
J. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
110. Fees and Deposits – Prior to approval of any grading plans, improvement plans,
issuance of building permits, and/or issuance of certificate of occupancy, the
developer/property owner shall pay all fees and deposits applicable to this
development including TUMF and RBBD fees as applicable. Said fees and
deposits shall be collected at the rate in effect at the time of collection as specified
in current City resolutions and ordinances.
Prior to Issuance of Certificate of Occupancy
111. Zone C of the RBBD. Prior to the issuance of any certificate of occupany,
the project proponent shall pay fees in accordance with Zone C of the Menifee
Valley Road and Bridge Benefit District. Fees approved for deferral shall be based
upon the fee schedule in effect at the time of construction.
112. TUMF Fees. Prior to the issuance of an occupancy permit, the
developer/property owner shall pay the Transportation Uniform Mitigation Fee
(TUMF) in accordance with the fee schedule in effect at the time of issuance,
pursuant to adopted City Ordinance governing the TUMF program.
K. Conditions, Covenants & Restrictions (CC&Rs)
113. Common Area Maintenance. Any common areas identified in the
Tentative parcel Map, or in future maps developing any parcels within the Tentative
parcel Map shall be owned and maintained as follows:
Conditions of Approval
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June 24, 2020
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a) A permanent master maintenance organization shall be established for
the tentative tract map area, to assume maintenance responsibility for
all common recreation, open space, circulation systems and landscaped
areas. The organization may be public (City CFD, or another agency) or
private (e.g., homeowners’ association). Merger with an area-wide or
regional organization shall satisfy this condition provided that such
organization is legally and financially capable of assuming the
responsibilities for maintenance. When necessary, property dedication
or easement dedications shall be granted to the maintenance
organization through map dedication, or separate recordable instrument,
and shall be in a form acceptable to the city. If the organization is a
private association, then neighborhood associations shall be established
for each residential development, where required, and such associations
may assume ownership and maintenance responsibility for
neighborhood common areas.
b) Unless otherwise provided for in these conditions of approval, common
open areas shall be conveyed to the maintenance organization as
implementing development is approved or any subdivision, as recorded.
c) The maintenance organization shall be established prior to or concurrent
with the recordation of the first land division.
114. Conditions, Covenants and Restrictions (Public Common Areas). If
the permanent master maintenance organization referenced in the condition
entitled "Common Area Maintenance" is a public organization, the applicant shall
convey to the public organization (anticipated to be CFD) dedication or necessary
easements for all designated publicly maintained open space areas, free and clear
of all liens, taxes, assessments, leases (recorded or unrecorded) and easements
(except those easements which in the sole discretion of the public organization are
acceptable) in order to access and perform needed maintenance. At the time of
each Development Construction Phase, as defined in these conditions of approval,
the developer/property owner shall submit to the PW Engineering Department for
review and approval proposed common areas and responsible maintenance entity.
As a condition precedent to the City accepting easements or dedications to such
areas, the developer / property owner shall submit the CC&Rs and supporting
documents along with the current fee to the Public Works / Engineering
Department for review and approval.
115. Conditions, Covenants and Restrictions (Private Common Areas). In
the event that the Community Facilities District will not maintain all common areas,
the establishment of a property owner or homeowner association (POA or HOA)
shall be the mechanism to maintain such common areas.
116. CC&R Content, Submittal Process and Timing. Prior to development of
any parcel within this final map, the developer/property owner shall submit to the
Public Works / Engineering Department for review and approval CC&R documents
consisting of the following:
Conditions of Approval
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June 24, 2020
Page 38 of 47
a) One hard copy and an electronic version of the CC&R’s. A completed
application form to review the CC&Rs, available at the PW Engineering front
counter. There is a fee associated with the application and required backup
documents to review. The declaration of CC&R’s shall:
i. provide for the establishment of a property owner's or home owner’s
association comprised of the owners of each individual lot or unit as tenants
in common,
ii. provide for the ownership of the common area by either the property or
home owner's association or a permanent public master maintenance
organization,
iii. contain provisions approved by the Public Works/ Engineering Department,
Community Development Department and the City Attorney
iv. Contain provisions with regards to the implementation of post development
Water Quality Best Management Practices identified in the project’s
approved WQMP.
v. Contain provisions notifying initial residents, occupants, or tenants of the
project of their receipt of educational materials on good housekeeping
practices which contribute to the protection of storm water quality. These
educational materials shall be distributed by the properties owners'
association and/or the developer.
vi. Contain provisions for allowing the City a Right of Entry to maintain BMPS
that are otherwise not maintained by responsible property owners. If a
separate Right of Entry Agreement has been executed, this provision is not
necessary to be in the CC&Rs.
b) As part of the CC&R document submittal, exhibit(s) identifying the areas or
improvements that will be maintained by the POA, the CFD or other entities
shall be provided. The exhibit shall be reviewed and approved by the City.
c) Once approved, the developer / property owner shall provide a hard copy of
the CC&R’s wet-signed and notarized to the Public Works / Engineering
Department. The Public Works / Engineering Department shall record the
original declaration of CC&R’s prior to or concurrent with the recordation of the
final map.
d) A deposit to pay for the review of the CC&Rs pursuant to the City’s current fee
schedule at the time the above-referenced documents are submitted to the
Public Works / Engineering Department.
Conditions of Approval
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Section IV:
Fire Department
Conditions of Approval
Conditions of Approval
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June 24, 2020
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General Conditions
1. The Fire Department emergency vehicular access road shall be (all weather
surface) capable of sustaining an imposed load of 75,000 lbs. GVW, based on
street standards approved by the Public Works Director and the Office of the Fire
Marshal.
2. The approved fire access road shall be in place during the time of construction.
Temporary fire access roads shall be approved by the Fire Prevention Bureau.
(CFC 501.4)
3. A secondary access other than the proposed public street may be required
dependent on the proposed use, construction type and occupancy type. To be
determined and as required by the City of Menifee Engineering and Traffic
divisions in conjunction with the Riverside Fire Department Office of the Fire
Marshal.
4. Fire hydrants and fire flow: Provide or show there exist fire hydrant(s) capable of
delivering fire flow as required by California Fire Code and Riverside County Fire
Department standards within 300 feet of all portions of all structures.
5. Water plans: If fire hydrants are required to be installed, applicant/developer shall
furnish two copies of the water system fire hydrant plans to the Office of the Fire
Marshal for review and approval prior to building permit issuance.
6. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type,
location, spacing, and minimum fire flow. Once plans are signed and approved by
the local water authority, the originals shall be presented to the Fire Department
for review and approval.
7. Blue Dot Reflectors: Blue retro-reflective pavement markers shall be installed to
indicate the location of fire hydrants.
8. Fire Department Access: Fire Department apparatus access shall be provided to
within 300 feet of all portions of the proposed buildings.
9. Driveway loops, fire apparatus access lanes and entrance curb radius should be
designed to adequately allow access of emergency fire vehicles. If access
exceeds the above requirements an approved fire apparatus turnaround is
required. Access roads shall be a minimum of 24’ wide.
10. Prior to issuance of Building Permits, the applicant/developer shall furnish one
copy of the water system plans to the Fire Prevention Bureau for review. Plans
shall:
11. Be signed by a registered civil engineer or a certified fire protection engineer;
Contain a Fire Prevention Bureau approval signature block; and Conform to
hydrant type, location, spacing of new and existing hydrants and minimum fire flow
required as determined by the Fire Prevention Bureau.
Conditions of Approval
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12. The required water system, including fire hydrants, shall be installed, made
serviceable, and be accepted by the Riverside County Office of the Fire Marshal
prior to beginning construction. They shall be maintained accessible.
13. The Fire Code Official is authorized to enforce the fire safety during construction
requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33)
14. Prior to construction, all traffic calming designs/devices must be approved by the
Fire Marshal and City Engineer. These conditions are preliminary; further review
will occur upon receipt of building plans. Additional conditions may be necessary
at that time.
Conditions of Approval
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Section V:
Riverside County
Environmental Health
Conditions of Approval
Conditions of Approval
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General Conditions
1. Potable Water and Sanitary Sewer Service. A “General Condition” shall be
placed on the project indicating that the subject property is proposing to receive
potable water service and sanitary sewer service from Eastern Municipal Water
District (EMWD). It is the responsibility of this facility to ensure that all requirements
to obtain potable water and sanitary sewer service are met with EMWD, as well
as, all other applicable agencies.
2. Environmental Cleanup Programs. As part of the services offered to Contract
Cities, the Department of Environmental Health Environmental Cleanup Programs
(ECP) conducts environmental reviews on planning projects to ensure that existing
site conditions will not negatively affect human health or the environment. The
objective of the environmental reviews is: to determine if there are potential
sources of environmental and/or human exposures associated with the project,
identify the significance of potential adverse effects from the contaminants, and
evaluate the adequacy of mitigation measures for minimizing exposures and
potential adverse effects from existing contamination and/or hazardous substance
handling.
For this project, the City of Menifee is taking on the responsibility to review the
above aspects of the project.
3. LOCAL ENFORCEMENT AGENCY (LEA). The applicant shall contact the County
of Riverside, LEA at (951) 955-8980 for any plan check and/or permitting
requirements.
Any persons engaged in the business or performance of tattooing, body
piercing, branding and the application of permanent cosmetics as defined in
Health and Safety Code 119300 et sec. must obtain approval from the Riverside
County Department of Environmental Health LEA. Contact the County of
Riverside LEA at (951)955-8980 for any plan check and/or permitting
requirements.
4. DISTRICT ENVIRONMENTAL SERVICES (DES). Prior to issuance of any
Building and Safety permit(s) or operation of any food facility, plans will require
review by DES to ensure compliance with applicable California Health and Safety
Codes. An annual operating permit for the food facility will be required. Please
contact the Hemet DES office at (951)766-2824.
Conditions of Approval
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End of Conditions
The undersigned warrants that he/she is an authorized representative of the project
referenced above, that I am specifically authorized to consent to all of the foregoing
conditions, and that I so consent as of the date set out below.
_______________________________________________ ___________________
Signed Date
_______________________________________________ ___________________
Name (please print) Title (please print)
Conditions of Approval
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AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
This Agreement to Indemnify and Hold Harmless (“Agreement”) is entered into,
effective as of June 24, 2020, by and between the CITY OF MENIFEE, a municipal
corporation, on the one hand, (“City”), and Jimmie P. Nelson and Laura M. Nelson, as
Trustees of the Nelson Family Trust dated April 13, 1995, (“Indemnitor” or
“Indemnitors”), on the other. The City and Indemnitor(s) are herein referred to collectively
as the “Parties” and individually as a “Party.”
RECITALS
Whereas, Applicant has applied to the City for various discretionary approvals
including a project for the development of the “JPN Subdivision” consisting of a six lot
subdivision of 37.06 gross acres (the “Project”) located on the northeast corner of Haun
and Holland Roads. (the “Property”); and
Whereas, in connection with the consideration of the above-mentioned
discretionary approvals, Indemnitor(s) has offered to, and hereby agrees that it will,
indemnify and hold the City harmless from any challenges arising from or related to the
discretionary approvals, the Property or the Project as more fully set forth in this
Agreement.
AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and based upon the foregoing recitals, and the terms,
conditions, covenants, and agreements contained herein, the Parties hereto agree as
follows:
1. Incorporation of Recitals. The Recitals set forth above are an integral part of this
Agreement, and are fully incorporated herein.
2. Indemnitors’ Indemnification Obligations. Indemnitor(s) shall indemnify,
defend, and hold harmless the City of Menifee and its elected city council,
appointed boards, commissions, committees, officials, employees, volunteers,
contractors, consultants (which may include the County of Riverside and its
employees, officers, officials, and agents), and agents (herein, collectively, the
“Indemnitees”) from and against any and all claims, liabilities, losses, fines,
penalties, and expenses, including without limitation litigation expenses and
attorney’s fees, arising out of either (i) the City’s approval of the Project or actions
related to the Property, including without limitation any judicial or administrative
proceeding initiated or maintained by any person or entity challenging the validity
or enforceability of any City permit or approval relating to the Project, any
condition of approval imposed by the City on such permit or approval, and any
finding or determination made and any other action taken by any of the Indemnitees
Conditions of Approval
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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 Indemnitor(s) and the directors, officers,
members, partners, employees, agents, contractors, and subcontractors of each
person or entity comprising the Indemnitor(s) with respect to the ownership,
planning, design, construction, and maintenance of the Project and the Property for
which the Project is being approved. The City shall notify the Indemnitor(s) of any
claim, lawsuit, or other judicial or administrative proceeding (herein, an “Action”)
within the scope of this indemnity obligation and request that the Indemnitor(s)
defend such Action with legal counsel reasonably satisfactory to the City. If the
Indemnitor(s) fails to so defend the Action, the City shall have the right but not the
obligation to do so with counsel of their own choosing, with no right of approval
by Indemnitor(s) and, if they do, the Indemnitor(s) shall promptly pay the City’s
full cost thereof, with payments made at least on a monthly basis. Notwithstanding
the foregoing, the indemnity obligation under clause (i) of the first sentence of this
condition shall not apply to the extent the claim arises out of the willful misconduct
or the sole active negligence of the City. This Agreement shall survive any final
action on the Project, and shall survive and be independent of any Project approvals,
even if such Project approvals are invalidated in whole or part.
3. Entire Agreement; Amendments and Waivers. This Agreement contains the
entire agreement between the City and Indemnitor(s) with respect to the subject
matter set forth herein and supersedes any prior discussions, negotiations, and
agreements with respect thereto. This Agreement may be amended or modified
only by a written agreement executed by both Parties. No waiver of any of the
terms of this Agreement shall be effective or binding unless in writing and executed
by an authorized representative of the Party waiving its rights hereunder.
4. Successors and Assigns. This Agreement shall be binding upon the heirs,
executors, administrators, successors, transferees, and assigns of the Parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to
be effective as of the date first written above.
Conditions of Approval
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Dated: , 2020
“CITY”
CITY OF MENIFEE, a California
Municipal Corporation
By:
Its: _____________________________
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
_________________________________
Attorneys for the City of Menifee
Dated: , 2020
Dated: , 2020
“INDEMNITOR”
Jimmie P. Nelson, as Trustee of the
Nelson Family Trust dated April 13, 1995
By:
Print
Name:__________________________
Laura M. Nelson as Trustee of the Nelson
Family Trust dated April 13, 1995
By:
Print
Name:__________________________
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC20- was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 24 day of June 2020
by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_______________________________
Stephanie Roseen, CMC
Deputy City Clerk
DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738
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Karwin, Phillips, Thomas, Diederich, Madrid
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