PC21-540RESOLUTION NO. PC21-540
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO. PLN19-0045
AND MASTER SIGN PROGRAM NO PLN19-0046 FOR A 84,211
COMMERCIAL CENTER AND ASSOCIATED SIGNAGE LOCATED ON
THE SOUTHWEST CORNER OF NEWPORT ROAD AND EVANS
ROAD
WHEREAS, on October 3, 2019, the applicant, Salim Development, on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Plot
Plan No. PLN19-0045 for the construction and operation of a 84,211 sq. ft. commercial
center on 11.14 acres including (1) a 18,041 sq. ft. grocery store; (2) a 4,010 sq. ft.
drive-thru car wash; (3) a 1,800 sq. ft. drive-thru restaurant; (4) a 7,360 sq. ft.
restaurant/retail building; (5) a 3,010 sq. ft. restaurant/retail building; (6) a 9,990 sq. ft.
daycare and (7) a 40,000 sq. ft. gym/fitness center and,
WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of
Conditional Use Permit No. PLN19-0044 to allow for the car -wash; and,
WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of
Tentative Parcel Map No. PLN19-0047 (37071) for a commercial parcel map subdividing
11.14 acres into six (6) commercial parcels and one (1) lettered lot that range in size
from 0.30 acres to 3.47 acres; and,
WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of
Master Sign Program No. PLN19-0046 for the development; and,
WHEREAS, December 14, 2020, the applicant, Salim Development on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Minor
Conditional Use Permit No. PLN20-0359 for the sale of alcoholic beverages for off -
premises consumption and Public Convenience and Necessity findings for the grocery
store; and,
WHEREAS, on July 14, 2021, 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, regarding Plot Plan No.
PLN19-0045, which hearing was publicly noticed by a publication in The Press
Enterprise, a newspaper of general circulation, an agenda posting, onsite sign postings,
and notice to property owners within 1,000 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:
Plot Plan Findings:
Section 1: Consistency with the General Plan. The proposed project is consistent
with the adopted General Plan and any applicable specific plan.
Consistency with General Plan
Page 2 of 7
Plot Plan No. PLN19-0045
July 14, 2021
The General Plan land use designation of the site is Specific Plan No.
140 (Newport Estates). More specifically, the site is located within
Planning Area No. 7 (Commercial) which allows for a variety of
commercial uses.
The proposed Plot Plan, which includes a grocery store (with off -site
alcohol sales) retail, restaurant (including a drive-thru restaurant),
gym/fitness, daycare, a drive-thru car wash and a sign program, is
consistent with the Specific Plan land use designation and will provide
commercial uses as envisioned in the General Plan.
The Project provides services and goods designated to serving patrons
within the vicinity of the Project site as well as those from surrounding
communities. Newport Road is a commercial corridor that runs east and
west through City.
In addition, the Project is consistent with the following City of Menifee
General Plan policies:
Project Design
• CD-3.5 Design parking lots and structures to be functionally and
visually integrated and connected, off-street parking lots should not
dominate the street scene.
Perimeter landscaping has been provided to visually screen the
parking lot and drive aisles from surrounding roadways along Newport
Road and Evans Road. Placement of the buildings within the site will
also provide additional screening of the parking field for some areas of
the site.
CD-3.9 Utilize Crime Prevention through Environmental Design
(CPTED) techniques and defensible space design concepts to
enhance community safety.
The Project is required to include a security system throughout the
site and the site has been designed to limit concealed areas to allow
for greater visibility and security.
Building Design
CD-3.10 Employ design strategies and building materials that evoke
a sense of quality and permanence.
The Project includes quality architectural features, such as stone
veneer, cornices, metal canopies, fabric awnings, decorative light
fixtures, tower elements, etc. In addition, the development includes a
varied color palette which complements existing buildings in the area.
Page 3 of 7
Plot Plan No. PLN19-0045
July 14, 2021
CD-3.14 Provide variations in color, texture, materials, articulation,
and architectural treatments. Avoid long expanses of blank,
monotonous walls or fences.
The architecture of the Project incorporates varied colors, material
changes, varied roof lines, tower elements, wall plane changes,
accent materials, and other architectural treatments that break up wall
areas to avoid any long expanses of blank, monotonous walls.
Enhanced Landscape Corridors
■ CD-4.2 Design new and, when necessary, retrofit existing streets to
improve walkability, bicycling, and transit integration; strengthen
connectivity; and enhance community identity through improvements
to the public right-of-way such as sidewalks, street trees, parkways,
curbs, street lighting, and street furniture.
The Project will provide sufficient right-of-way to accommodate
standard sidewalks, parkway landscaping, street trees, street lighting
and Class II bike lanes on Newport Road which is designated as an
enhanced landscape corridor.
Lighting
• CD-6.4 Require that lighting and fixtures be integrated with the
design and layout of a project and that they provide a desirable level
of security and illumination.
The applicant is proposing decorative, shielded building mounted
lighting as well as shielded lighting fixtures throughout the parking
field of the site.
• CD-6.5 Limit light leakage and spillage that may interfere with the
operations of the Palomar Observatory.
The Project has been conditioned for all lighting fixtures to comply
with Menifee Municipal Code Chapter 6.01, "Dark Sky Ordinance",
which will have the effect of limiting leakage and spillage of light. All
lighting is to be shielded as described above.
Policies
■ ED-2.1 Promote retail development by locating needed goods and
services in proximity to where residents live to improve quality of life,
retain taxable spending by Menifee residents and attract residents
from outside the City to shop in Menifee.
o Locate businesses providing convenience goods and services in
retail centers that are on arterials adjacent to neighborhoods and
communities throughout the City but not in rural residential areas.
Page 4 of 7
Plot Plan No. PLN19-0045
July 14, 2021
o Encourage comparison goods businesses to locate in larger retail
centers located on major arterials near freeway interchanges,
because businesses that provide comparison goods tend to draw
customers from larger areas.
The Project would provide additional retail options and greater
convenience to residential and commercial uses in the Project vicinity.
The Project locates these retail businesses along a major east/west
commercial corridor (Newport Road).
Surrounding General Plan designations include SP 140, Planning Areas 1
(Medium Residential) and 6C (Park/Detention) to the south, 2.1-5
Residential (2.1-5R) and Public Facilities (PF) to the north, Economic
Development Corridor (EDC) to the east and 2.1-5 Residential (2.1-5R) to
the west. The Project is compatible with the surrounding uses.
Consistency with Multiple Specie Habitat Conservation Plan MSHCP
The City of Menifee has two (2) active conservation plans within the City's
boundary, the Western Riverside County MSHCP, and the Stephens'
Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is
within the jurisdiction of the SKR-HCP and the Western Riverside County
MSHCP. The Project site is located inside the Stephen's Kangaroo Rat
(Dipodomys stephensi) (SKR) Fee Area, as well as within the boundaries
of the Western Riverside County Multiple Species Habitat Conservation
Plan; however, the Project is not located with a Criteria Cell or Cell
Group. The Project will be subject to the payment of fees for a
commercial project consistent with Riverside County Ordinance No. 810.2
as adopted by the City of Menifee. Therefore, the Project will not conflict
with the provisions of the adopted HCP, Natural Conservation Community
Plan, or other approved local, regional, or State conservation plan and the
impact is considered less than significant.
Section 2: Consistency with Title 9. The proposed project meets all applicable
standards for development and provisions of Title 9:
The Project site is zoned Specific Plan No. 140 (Newport Estates),
Planning Area 7 (Commercial). The concurrently proposed uses for the
site under Conditional Use Permit Nos. PLN19-0044, PLN20-0359, Plot
Plan No. PLN19-0045, Parcel Map No. PLN19-0047 and Sign Program
No. PLN19-0046 are consistent with Planning Area 7 of the Specific Plan.
The subdivision is also consistent with the development standards of the
Specific Plan. Therefore, the project is consistent with the allowable uses
and development standards of Specific Plan No. 140 and Title 9.
Surrounding zoning classifications include SP 140, Planning Areas 1
(Medium Residential) and 6C (Park/Detention) to the south, 2.1-5
Residential (2.1-5R) and Public Facilities (PF) to the north, Economic
Development Corridor (EDC) to the east and 2.1-5 Residential (2.1-5R) to
the west, which are all compatible with the zoning for the Project site.
Page 5 of 7
Plot Plan No. PLN19-0045
July 14, 2021
The Project, which includes a grocery store (with off -site alcohol sales)
retail, restaurant (including a drive-thru restaurant), gym/fitness, daycare,
a drive-thru car wash and a sign program, is consistent with the Specific
Plan's list of allowable uses (with approval of a Conditional Use Permit for
the car wash and alcohol sales). In addition, the design of the Project is
consistent with the development standard of Specific Plan No. 140.
Section 3: Surrounding Uses. The establishment, maintenance, or operation of the
proposed Project will not be detrimental to the health, safety, or general
welfare of persons residing or working in the neighborhood of such use or
to the general welfare of the City.
The Project site is located at the southwest corner of Newport Road and
Evans Road. Properties to the north across Newport Road include
single-family residential and office/community center uses, vacant land
can be found to the east, single-family residential to the west and single-
family residential and park/detention bason uses to the south. Properties
to the south of the subject site contain existing single-family homes and a
park and detention basin while properties to the west of the site contain
existing single-family homes. The project has been deigned to include a
block wall and enhanced landscaping along the southern property line
and the western property line in an effort to buffer the commercial uses
from the existing homes. The wall and landscaping buffers are a
requirement of the specific plan.
The proposed Plot Plan will not result in conditions detrimental to the
public health, safety, or general welfare as designed and conditioned. The
project has been reviewed and conditioned by the City of Menifee
Planning, Engineering, Police, and Fire Departments to ensure the project
will not create conditions materially detrimental and in result, the project
will not have a significant impact.
Environmental impacts resulting from the project have been analyzed in
an Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND for
the project determined that impacts would all be less than significant or
less than significant with the incorporation of the required mitigation
measures. Therefore, the project would not create conditions materially
detrimental to the public health, safety and general welfare or injurious to
or incompatible with other properties or land uses in the project vicinity.
Section 4: Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the California
Environmental Quality Act.
An IS/MND has been completed for the project and adopted by the
Planning Commission pursuant to Resolution No. PC21-538. The Plot
Plan at issue is consistent with the MND, which the Planning Commission
has considered as part of its proceedings. No new environmental
impacts have been identified and no further environmental review is
required for this project.
Page 6 of 7
Plot Plan No. PLN19-0045
July 14, 2021
A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and
identifies all mitigation measures that will be required for the project.
Major Master Sign Program Findings:
Section 5: The design, location, and scale of proposed signs for the integrated
development are in keeping with the architectural character of the
development.
The proposed master sign program includes regulations for tenant
signage including free-standing signs and wall signs affixed to a building.
The proposed free-standing signs have been designed to incorporate
stone veneer which can be found on portions of the proposed buildings as
well and will be consistent with the proposed architectural theme. Future
proposed tenant wall signs will be reviewed by City staff for consistency
with City regulations, the master sign program and the overall architecture
of the center. Therefore, the design, location, and scale of proposed signs
for the integrated development are in keeping with the architectural
character of the development.
Section 6: The design, location, and scale of proposed signs will not adversely affect
the interests of the public or the interests of residents and property
owners in the vicinity of the project.
As previously mentioned, the proposed free-standing signs have been
designed in a manner that is consistent with the architectural theme used
throughout the development. The proposed location and scale of the free-
standing signs were reviewed by City staff to ensure line of sight issues or
other conflicts would not occur. The proposed free-standing signs would
enhance the overall development and would aide in identifying the center
to the public. Therefore, the design, location, and scale of the proposed
free-standing signs will not adversely affect the interests of the public or
the interests of residents and property owners in the vicinity of the project.
Section 7: The proposed signs are consistent with the purposes of the General Plan
or any applicable specific plan or development agreement.
As mentioned in Section No. 1, above, the General Plan land use
designation of the site is Specific Plan No. 140 (Newport Estates). More
specifically, the site is located within Planning Area No. 7 (Commercial)
which allows for a variety of commercial uses and associated signage.
The proposed master sign program is for a proposed commercial
development which includes regulations for free-standing signage as well
as wall mounted signage for the center. The proposed program was
reviewed against the City's General Plan, Zoning code and the Specific
Plan and was found to be consistent with all standards and regulations.
BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee hereby
makes the following findings
Page 7 of 7
Plot Plan No. PLN19-0045
July 14, 2021
1. That the Findings set out above are true and correct.
2. That the facts presented within the public record and within this resolution
provide a basis to approve Plot Plan No. PLN19-0045 subject to the
Conditions of Approval set forth in Exhibit " 1 " of this Resolution.
PASSED, APPROVED AND ADOPTED this the 14Ih day of July, 2021
Betfjamin Diederich, Chairman
Attest:
4
ep anie Roseen, Deputy City Clerk
Approved as to form:
Thai P A sistant City Attorney
EXHIBIT "1"
CONDITIONS OF APPROVAL
Planning Application No.: Plot Plan No. PLN19-0045 ("Newport Pointe
Commercial")
Project Description: Plot Plan No. PLN19-0045 proposes the development of a
commercial center and an associated master sign program
at the southwest corner of Newport Road and Evans Road
on an approximate 11.14-acre site. The project proposes
seven (7) buildings totaling approximately 84,211 square
feet and 415 parking stalls. More specifically, the
breakdown of building square footage and use information
is as follows:
1. Building 1 (Grocery with Off -site Alcohol Sales) —
18,041 square feet.
2. Building 2 (Drive-thru Carwash) — 4,010 square feet.
3. Building 3 (Drive-thru restaurant) — 1,800 square feet.
4. Building 4 (Restaurant/Retail) — 7,360 square feet.
5. Building 5 (Restaurant/Retail) — 3,010 square feet.
6. Building 6 (Daycare) — 9,990 square feet.
7. Building 7 (Gym/Fitness) — 40,000 square feet.
Proposed access into the site would be via three (3)
driveways located off Newport Road and a single driveway
located off Evans Road.
Assessor's Parcel No.: 360-020-051
MSHCP Category: Commercial Retail
DIF Category: Commercial Retail
SKR Category: Discretionary permit on greater than % (0.5 acres)
TUMF Category: Commercial Retail
Quimby Category: Not Applicable
Approval Date: July 14, 2021
Expiration Date: July 14, 2024
Plot Plan No. PLN19-0045 and PLN19-0046 1 of 67
Within 48 Hours of the Approval of This Project
Indemnification. Applicant/developer shall indemnify, defend, and hold
harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors,
consultants, and agents from and against any and all claims, liabilities,
losses, fines, penalties, and expenses, including without limitation litigation
expenses and attorney's fees, arising out of either the City's approval of the
Project or actions related to the Property or the acts, omissions, or operations
of the applicant/developer and its directors, officers, members, partners,
employees, agents, contractors, and subcontractors of each person or entity
comprising the applicant/developer with respect to the ownership, planning,
design, construction, and maintenance of the Project and the Property for
which the Project is being approved. In addition to the above, within 15 days
of this approval, the developer/applicant shall enter into an indemnification
agreement with the City. The indemnification agreement shall be
substantially the same as the form agreement currently on file with the City.
2. 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 Five Hundred
and Thirty Dollars and Twenty -Five Cents ($2,530.25) which includes the
Two Thousand Four Hundred and Eighty Dollars and Twenty -Five Cent
($2,480.25) 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 (ND) for the Mitigated or Negative Declaration
(MND) 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.
Plot Plan No. PLN19-0045 and PLN19-0046 2 of 67
Section I: Conditions Applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Section III: Engineering/Public Works Department
Conditions of Approval
Section IV: Building and Safety Department Conditions
of Approval
Section V: Fire Department Conditions of Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
Plot Plan No. PLN19-0045 and PLN19-0046 3 of 67
Section l:
Conditions Applicable to All
Departments
Plot Plan No. PLN19-0045 and PLN19-0046 4 of 67
General Conditions
3. Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Plot Plan No. PLN19-0045 shall be
henceforth defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all
mean the permittee of this project.
APPROVED EXHIBIT A = Site Plan for Plot Plan No. PLN19-0045, dated
June 21, 2021.
APPROVED EXHIBIT B = Floor Plans and Elevations of Plot Plan No.
PLN19-0045, dated June 21, 2021.
APPROVED EXHIBIT L = Conceptual Landscaping for Plot Plan No.
PLN19-0045, dated June 21, 2021.
APPROVED EXHIBIT S = Sign Program for Plot Plan No. PLN19-0045,
dated June 21, 2021.
4. Ninety (90) Days to Protest. The project developer has ninety (90) days
from the date of approval of these conditions to protest, in accordance with
the procedures set forth in Government Code Section 66020, the imposition
of any and all fees, dedications, reservations and/or other exactions imposed
on this project as a result of this approval or conditional approval of this
project.
5. Mitigation Monitoring and Reporting Program. The developer shall
comply with the mitigation monitoring and reporting program ("MMRP") which
is incorporated by reference as part of these conditions of approval.
6. City of Menifee. The City of Menifee is a new City incorporated on October
1, 2008; the City is studying and adopting its own ordinances, regulations,
procedures, processing and development impact fee structure. In the future
the City of Menifee will identify and put in place various processing fees to
cover the reasonable cost of the services provided. The City may identify
and fund mitigation measures 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, Developer 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 developer 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.
Plot Plan No. PLN19-0045 and PLN19-0046 5 of 67
7. Causes for Revocation. In the event the use hereby permitted under this
permit, a) is found to be in violation of the terms and conditions of this permit,
b) is found to have been obtained by fraud or perjured testimony, or c) is
found to be detrimental to the public health, safety or general welfare, or is a
public nuisance, this permit shall be subject to the revocation procedures.
8. Business Registration. Every person conducting a business within the City
of Menifee, as defined in Menifee Municipal Code, Chapter 5.01, shall obtain
a business license. For more information regarding business registration,
contact the City Clerk.
9. Expiration. This approval shall be used within three (3) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. By
use is meant the beginning of substantial construction contemplated by this
approval within three-(3)-year period which is thereafter diligently pursued to
completion or to the actual occupancy of existing buildings or land under the
terms of the authorized use. Should the three-(3)-year time period lapse and
no substantial construction or use of this plot plan be initiated within the three
(3) years of the effective date of the issuance of this plot plan, this plot plan
shall become null and void unless extensions are processed and approved
per Menifee Municipal Code.
10. Modifications or Revisions. The permittee shall obtain City approval for
any modifications or revisions to the approval of this project.
Plot Plan No. PLN19-0045 and PLN19-0046 6 of 67
Section II:
Community Development
Department
Conditions of Approval
Plot Plan No. PLN19-0045 and PLN19-0046 7 of 67
General Conditions
11. Comply with Ordinances. The development of these premises shall comply
with the standards City of the Menifee Municipal Code and all other
applicable ordinances and State and Federal codes and regulations.
The development of the premises shall conform substantially with that as
shown on APPROVED EXHIBIT A, B, C, G, L and S unless otherwise
amended by these conditions of approval.
12. 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.
13. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT B.
14. Parking. A minimum of 415 parking spaces are required (not including the
car wash vacuum stalls); however, the project will provide 480 parking
spaces which exceeds the spaces required. The 480 parking spaces shall be
provided as shown on the APPROVED EXHIBIT A, unless otherwise
approved by the Community Development Department and/or Planning
Commission. The parking area shall be surfaced with asphaltic concrete,
concrete, or porous paving, to current standards as approved by the
Department of Building and Safety.
ADA Parking Spaces:
A minimum of twenty (20) accessible parking spaces for persons with
disabilities shall be provided consistent with ADA requirements and as
approved by the City of Menifee Building and Safety Department. The
location of ADA parking and paths of travel will be finalized on the final site
plan of the proposed project. Each parking space reserved for persons with
disabilities shall be identified by a permanently affixed reflectorized sign
constructed of porcelain on steel, beaded text or equal, displaying the
International Symbol of Accessibility. The sign shall not be smaller than
seventy (70) square inches in area and shall be centered at the interior end of
the parking space at a minimum height of eighty (80) inches from the bottom
of the sign to the parking space finished grade, or centered at a minimum
height of thirty-six (36) inches from the parking space finished grade, ground,
or sidewalk. A sign shall also be posted in a conspicuous place, at each
entrance to the off-street parking facility, not less than seventeen (17) inches
by twenty-two (22) inches, clearly and conspicuously stating the following:
"Unauthorized vehicles not displaying distinguishing placards or license
plates issued for physically handicapped persons may be towed away at
owner's expense. Towed vehicles may be reclaimed at _ or by telephoning
In addition to the above requirements, the surface of each parking space
shall have a surface identification sign duplicating the symbol of accessibility
in blue paint of at least three (3) square feet in size.
Plot Plan No. PLN19-0045 and PLN19-0046 8 of 67
Bicycle Racks:
Bicycle racks or lockers with a minimum of twenty (20) spaces are required;
however, the project will provide 28 spaces. The 28 spaces shall be provided
as shown on APPROVED EXHIBIT A to facilitate bicycle access to the
project area. The bicycle racks shall be shown on project landscaping and
improvement plans submitted for Community Development Department
approval, and shall be installed in accordance with those plans. Bicycle rack
designs that employ a theme are highly encouraged.
15. Loading Areas. Loading and/or unloading of goods/supplies shall occur in
designated loading areas as shown on APPROVED EXHIBIT A only. No
loading or unloading is allowed in front of the stores or within drive aisles.
Loading areas shall be kept free of debris and clean throughout the life of this
plot plan.
16. Sign Supports. Sign support hardware shall be of a compatible material and
design with the sign it supports and shall compliment the architecture and
design of building to which it is affixed, if any. Sign supports of a permanent
sign shall be reviewed as part of the sign permit process.
17. Signs Maintained. All signs shall be maintained in a condition acceptable to
the Community Development Department throughout the life of the permit.
Graffiti shall be removed from all signs within twenty-four (24) hours.
18. Modifications to Signage. Should a change in signage occur, the proposed
signage shall comply with the general size and location of what was approved
in the master sign program. Signage outside the approved areas including,
freestanding signs shall apply for an amendment to the master sign program.
19. 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.
20. Reclaimed Water. The permit holder shall install purple pipes and connect to
a reclaimed water supply for landscape watering purposes when secondary
or reclaimed water is made available to the site.
21. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this plot plan as a principal place of
residence. No person shall be entitled to vote using an address within the
premises as a place of residence.
22. Exterior Noise Levels. Facility -related noise, as projected to any portion of
any surrounding property containing a "sensitive receiver, habitable dwelling,
hospital, school, library or nursing home", must not exceed the following
worst -case noise levels 45 dB(A) - 10-minute noise equivalent level ("leq"),
between the hours of 10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB
(A) - 10-minute leq, between 7:00 a.m. and 10:00 p. m. (daytime standard).
Plot Plan No. PLN19-0045 and PLN19-0046 9 of 67
23. Electrical Hook-ups. Electrical hook-ups for refrigerated trailers shall be
provided. The intent of this condition is to provide electrical hook-ups for
refrigerated trailers that will be parked at the facility for more than fifteen (15)
minutes. The use of truck engines or auxiliary power units to power
refrigerated trailers for extended periods of time is not allowed.
24. No Idling. To reduce diesel truck emissions, the project has been
conditioned to install signs in loading areas stating "The driver of a diesel -
fueled motor vehicle with a gross vehicle weight rating (GVWR) greater than
10,000 pounds is prohibited from idling the vehicle's primary engine for more
than five (5) minutes at any location and may not operate a diesel fueled
auxiliary power system (APS) for more than five (5) minutes at any location
within 100 feet of a restricted area (residences). Electrical connections have
been provided for your use. The minimum penalty for an idling violation is
$300.00. To report a violation please contact 1800-END-SMOG".
25. No Outdoor Storage. No outdoor storage is allowed within the site. No
storage lockers, sheds, metal container bins or metal shipping containers will
be allowed to be kept onsite unless stored within the approved buildings.
26. Rules for Construction Activities. The permittee shall comply with all
SCAQMD established minimum requirements for construction activities to
reduce fugitive dust and PM,o emissions. Current requirements include, but
may not be limited to:
Any construction equipment using direct internal combustion engines
shall use diesel fuel with a maximum of 0.05 percent sulfur and a four -
degree retard.
• Construction operations affecting off -site roadways shall be scheduled by
implementing traffic hours and shall minimize obstruction of through traffic
lanes.
• On -site heavy equipment used during construction shall be equipped with
diesel particulate filters unless it is demonstrated that such equipment is
not available, or its use is not cost -competitive.
27. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule
402 which prohibits a person from discharging any source quantities of air
contaminants or other material which cause injury, nuisance, or annoyance to
any considerable number of persons or to the public.
28. Completion of Conditions Prior to Operations. Pursuant to City of Menifee
Municipal Code, the proposed use approved under Plot Plan No. PLN19-
0045 shall be not be established or operated until all required conditions
(e.g., road pavement, landscaping installation, building improvements, etc.) of
this Plot Plan have been completed to the satisfaction of the City.
29. Compliance with Building Code. Project design shall be subject to the
seismic design criteria of the most recent edition of the California Building
Code (CBC) as adopted by the City of Menifee.
Plot Plan No. PLN19-0045 and PLN19-0046 10 of 67
30. Compliance with Geotechnical Report. The Project shall comply with
recommendations listed in the Geotechnical Report to address strong seismic
ground shaking and how it will reduce exposure of people or structures to
potential substantial adverse effects, including the risk of loss, injury, or death
involving strong seismic ground shaking.
31. Compliance with Section 9.210.060. The Project shall comply with Menifee
Municipal Code, Section 9.210.060 (Noise Control Regulations), Section
9.210.060 — General Exemptions, exemptions relevant to the Project include:
a. Property maintenance including lawnmowers, leaf blowers, etc., provided
such maintenance occurs between the hours of 7 a.m. and 8:00 p.m.;
b. Motor vehicles, other than off -highway vehicles; and
c. Heating and air conditioning equipment in proper repair.
Archeological and Paleontological Resources
32. 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.
33. 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).
34. Inadvertent Archeological Find. If during ground disturbance activities,
unique cultural resources are discovered that were not assessed by the
archaeological report(s) and/or environmental assessment conducted prior to
project approval, the following procedures shall be followed. Unique cultural
resources are defined, for this condition only, as being multiple artifacts in
close association with each other, but may include fewer artifacts if the area
of the find is determined to be of significance due to its sacred or cultural
importance as determined in consultation with the Native American Tribe(s).
a. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
Plot Plan No. PLN19-0045 and PLN19-0046 11 of 67
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."
35. 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:
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.
Plot Plan No. PLN19-0045 and PLN19-0046 12 of 67
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.
36. Inadvertent Paleontological Find. In the event that fossils or fossil -bearing
deposits are discovered during construction, excavations within fifty (50) feet
of the find shall be temporarily halted or diverted. The contractor shall notify
a qualified paleontologist to examine the discovery. The paleontologist shall
document the discovery as needed in accordance with Society of Vertebrate
Paleontology standards, evaluate the potential resource, and assess the
significance of the find under the criteria set forth in CEQA Guidelines Section
15064.5. The paleontologist shall notify the Community Development
Department to determine procedures that would be followed before
construction is allowed to resume at the location of the find. If in consultation
with the paleontologist, the Project proponent determines that avoidance is
not feasible, the paleontologist shall prepare an excavation plan for mitigating
the effect of the Project on the qualities that make the resource important.
The plan shall be submitted to the Community Development Department for
review and approval and the Project proponent shall implement the approval
plan.
Landscaping
37. 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
Plot Plan No. PLN19-0045 and PLN19-0046 13 of 67
Department and the South Coast Air Quality Management District
(SCAQMD).
38. Landscape Plans. All landscaping plans shall be prepared in accordance
with the City's Water Efficient Landscape Ordinance. Such plans shall be
reviewed and approved by the Community Development Department, and the
appropriate maintenance authority.
39 Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition and free of weeds and debris
throughout the life of this plot plan. To ensure that this occurs, the
Community Development Department shall require inspections prior to final
inspection and six (6) months and twelve (12) months after the final
inspection.
40. Maintenance of Landscaping. All landscaping and similar improvements not
properly maintained by a property owners association or individual property
owners must be annexed into a Lighting and Landscape District, or other
mechanism as determined by the City of Menifee.
Fees
41. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan,
elevations, 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 Issuance of Grad in Permit
42. Mitigation Monitoring. The permittee shall prepare and submit a written
report to the Community Development Director or review and approval
demonstrating compliance with the standard conditions of approval and
mitigation measures identified in the Initial Study/Mitigated Negative
Declaration (IS/MND) for this project which must be satisfied prior to issuance
of grading permits. The Community Development Director may require
inspection or other monitoring to ensure such compliance.
43. Rough and Precise Grading Plan Review. The Community Development
Department shall review the rough and precise grading plans for consistency
with the approved site plan and conceptual grading plan (Approved Exhibit A
and G) and the conditions of approval.
44. Fugitive Dust Control. The project developer shall implement fugitive dust
control measures in accordance with Southern California Air Quality
Management District (SCAQMD) Rule 403. The project developer shall
include in construction contracts the control measures required under Rule
403 at the time of development, including the following:
Plot Plan No. PLN19-0045 and PLN19-0046 14 of 67
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot
radius) must be swept (preferably with water sweepers) and watered at
least twice daily. Site wetting must occur often enough to maintain a 10
percent surface soil moisture content throughout all earth moving
activities. All unpaved demolition and construction areas shall be wetted
at least twice daily during excavation and construction, and temporary
dust covers shall be used to reduce dust emissions and meet SCAQMD
District Rule 403. Wetting could reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least
three times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible
dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis
when there is evidence of wind driven fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
I. Suspend excavation and grading activity when winds (instantaneous
gusts) exceed 15 miles per hour over a 30-minute period or more, so as
to prevent excessive amounts of dust;
m. All haul trucks must have a capacity of not less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
Plot Plan No. PLN19-0045 and PLN19-0046 15 of 67
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks
of all trucks and equipment leaving the site;
All materials transported off -site shall be either sufficiently watered or
securely covered to prevent excessive amounts of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction
site that identifies the permitted construction hours and provides a
telephone number to call and receive information about the construction
project or to report complaints regarding excessive fugitive dust
generation. Any reasonable complaints shall be rectified within 24 hours
of their receipt.
45. SCAQMD Compliance. The project shall comply with SCAQMD Rules
applicable during construction activities including but not limited to Rule 1113
(Architectural Coatings); Rule 403 (Fugitive Dust), Rule 1186 / 1186.1 (Street
Sweepers); and Rule 461 (Gasoline Transfer and Dispensing during
construction activities).
46. AQMD Rule 402. The project developer shall implement the following
measures to reduce the emissions of pollutants generated by heavy-duty
diesel -powered equipment operating at the project site throughout the project
construction phases. The project developer shall include in construction
contracts the control measures as may be required under Rule 402, at the
time of development, including the following:
a. Keep all construction equipment in proper tune in accordance with
manufacturer's specifications.
b. Use late model heavy-duty diesel -powered equipment at the project site
to the extent that it is readily available in the South Coast Air Basin
(meaning that it does not have to be imported from another air basin and
that the procurement of the equipment would not cause a delay in
construction activities of more than two weeks).
Use low -emission diesel fuel for all heavy-duty diesel -powered equipment
operating and refueling at the project site to the extent that it is readily
available and cost effective in the South Coast Air Basin (meaning that it
does not have to be imported from another air basin, that the
procurement of the equipment would not cause a delay in construction
activities of more than two weeks, that the cost of the equipment use is
not more than 20 percent greater than the cost of standard equipment
(This measure does not apply to diesel -powered trucks traveling to and
from the site).
Plot Plan No. PLN19-0045 and PLN19-0046 16 of 67
d. Utilize alternative fuel construction equipment (i.e., compressed natural
gas, liquid petroleum gas), if equipment is readily available and cost
effective in the South Coast Air Basin (meaning that it does not have to
be imported from another air basin, that the procurement of the
equipment would not cause a delay in construction activities of more than
two weeks, that the cost of the equipment use is not more than 20
percent greater than the cost of standard equipment).
e. Limit truck and equipment idling time to five minutes or less.
f. Rely on the electricity infrastructure surrounding the construction sites
rather than electrical generators powered by internal combustion engines
to the extent feasible.
g. General contractors shall maintain and operate construction equipment
so as to minimize exhaust emissions.
Biological Resources
47. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and
Objective 7 of the Species Account for the Burrowing Owl included in the
Western Riverside County Multiple Species Habitat Conservation Plan, within
30 days prior to the issuance of a grading permit, a pre -construction
presence/absence survey for the burrowing owl shall be conducted by a
qualified biologist and the results of this presence/absence survey shall be
provided in writing to the City of Menifee Community Development
Department. If it is determined that the project site is occupied by the
Burrowing Owl, take of "active" nests shall be avoided pursuant to the
MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing
Owl is present, relocation outside of the nesting season (March 1 through
August 31) by a qualified biologist shall be required. The City shall be
consulted to determine appropriate type of relocation (active or passive) and
translocation sites. Occupation of this species on the project site may result in
the need to revise grading plans so that take of "active" nests is avoided or
alternatively, a grading permit may be issued once the species has been
actively relocated.
If the grading permit is not obtained within 30 days of the survey a new
survey shall be required.
If construction and/or disturbance of the site is suspended for a period of
days (30) days or more, a new survey shall be required.
If the 30-day pre -construction burrowing owl survey finds owls on the site, the
project biologist shall notify California Department of Fish and Wildlife
(CDFW) and U.S. Fish and Wildlife Service (USFWS) within two business
days of discovering the occupied burrows, and shall subsequently prepare a
Burrowing Owl Protection and Relocation Plan for review and approval by the
CDFW, USFWS, and the Regional Conservation Authority (RCA) prior to
initiating any ground -disturbing activities (including disking and mowing,
among others).
Plot Plan No. PLN19-0045 and PLN19-0046 17 of 67
48. Nesting Bird Survey. If grading or site disturbance including demolition of
existing structures is to occur during the nesting season (February 15 —
August 31), a nesting bird survey (including raptors) shall be conducted within
ten (10) days prior to grading permit issuance or any site clearing or
demolition. This survey shall be conducted by a qualified biologist holding a
Memorandum of Understanding (MOU) with Riverside County. If active bird
nests are found, avoidance buffers of 1,000 feet for large birds of prey, 500
feet for small birds of prey, and 250 feet for songbirds, decided by CDFW on
a case -by -case basis, shall be established and observed. The biologist shall
prepare a final letter report that shall be submitted to the City of Menifee
Community Development Department for review and approval.
Archeological and Paleontological Resources
49. Archeologist Retained. Prior to issuance of a grading permit the project
applicant shall retain a Riverside County qualified archaeologist to monitor all
ground disturbing activities in an effort to identify any unknown archaeological
resources.
The Project Archaeologist and the Tribal monitor(s) shall manage and
oversee monitoring for all initial ground disturbing activities and excavation of
each portion of the project site including clearing, grubbing, tree removals,
mass or rough grading, trenching, stockpiling of materials, rock crushing,
structure demolition and etc. The Project Archaeologist and the Tribal
monitor(s), shall have the authority to temporarily divert, redirect or halt the
ground disturbance activities to allow identification, evaluation, and potential
recovery of cultural resources in coordination with any required special
interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract
to the Community Development Department to ensure compliance with this
condition of approval. Upon verification, the Community Development
Department shall clear this condition.
In addition, the Project Archaeologist, in consultation with the Consulting
Tribe(s), the contractor, and the City, shall develop a Cultural Resources
Management Plan (CRMP) in consultation pursuant to the definition in AB52
to address the details, timing and responsibility of all archaeological and
cultural activities that will occur on the project site. A consulting tribe is
defined as a tribe that initiated the AB 52 tribal consultation process for the
Project, has not opted out of the AB52 consultation process, and has
completed AB 52 consultation with the City as provided for in Cal Pub Res
Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a. Project grading and development scheduling;
b. The Project archeologist and the Consulting Tribes(s) shall attend the
pre -grading meeting with the City, the construction manager and any
contractors and will conduct a mandatory Cultural Resources Worker
Sensitivity Training to those in attendance. The Training will include a
Plot Plan No. PLN19-0045 and PLN19-0046 18 of 67
brief review of the cultural sensitivity of the Project and the surrounding
area; what resources could potentially be identified during earthmoving
activities; the requirements of the monitoring program; the protocols that
apply in the event inadvertent discoveries of cultural resources are
identified, including who to contact and appropriate avoidance measures
until the find(s) can be properly evaluated; and any other appropriate
protocols. All new construction personnel that will conduct earthwork or
grading activities that begin work on the Project following the initial
Training must take the Cultural Sensitivity Training prior to beginning work
and the Project archaeologist and Consulting Tribe(s) shall make
themselves available to provide the training on an as -needed basis;
c. The protocols and stipulations that the contractor, City, Consulting
Tribe(s) and Project archaeologist will follow in the event of inadvertent
cultural resources discoveries, including any newly discovered cultural
resource deposits that shall be subject to a cultural resources evaluation.
50 Paleontologist Required. Prior to the issuance of grading permits, the
project applicant shall retain a qualified paleontologist approved by the
Community Development Department to create and implement a project -
specific plan for monitoring site grading/earthmoving activities (project
paleontologist). The project paleontologist retained shall review the approved
development plan and shall conduct any pre -construction work necessary to
render appropriate monitoring and mitigation requirements as appropriate.
These requirements shall be documented by the project paleontologist in a
Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP
shall be submitted to the City Community Development Department for
review and approval prior to the issuance of a grading permit. Information to
be contained in the PRIMP, at a minimum and in addition to other industry
standard and society of Vertebrate Paleontology standards, are as follows:
The project paleontologist shall participate in a pre -construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction,
as applicable.
2. Paleontological monitoring of earthmoving activities will be conducted on
an as -needed basis by the project paleontologist during all earthmoving
activities that may expose sensitive strata. Earthmoving activities in areas
of the project area where previously undisturbed strata will be buried but
not otherwise disturbed will not be monitored. The project paleontologist
or his/her assign will have the authority to reduce monitoring once he/she
determines the probability of encountering fossils has dropped below an
acceptable level.
3. If the project paleontologist finds fossil remains, earthmoving activities will
be diverted temporarily around the fossil site until the remains have been
evaluated and recovered. Earthmoving will be allowed to proceed through
the site when the project paleontologist determines the fossils have been
recovered and/or the site mitigated to the extent necessary.
Plot Plan No. PLN19-0045 and PLN19-0046 19 of 67
4. If fossil remains are encountered by earthmoving activities when the
project paleontologist is not on -site, these activities will be diverted
around the fossil site and the project paleontologist called to the site
immediately to recover the remains.
5. If fossil remains are found, fossilliferous rock will be recovered from the
fossil site and processed to allow for the recovery of smaller fossil
remains. Test samples may be recovered from other sampling sites in the
rock unit if appropriate.
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 will then be curated (assigned and labeled
with museum repository fossil specimen numbers and corresponding
fossil site numbers, as appropriate; placed in specimen trays and, if
necessary, vials with completed specimen data cards) and catalogued,
and 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
must be consulted on the repository/museum to receive the fossil material
prior to being curated.
7. A qualified paleontologist shall prepare a report of findings made during
all site grading activity with an appended itemized list of fossil specimens
recovered during grading (if any). This report shall be submitted to the
City for review and approval prior to final building inspection as described
elsewhere in this condition set. All reports shall be signed by the project
paleontologist and all other professionals responsible for the report's
content (e.g., professional geologist, professional engineer, etc.), as
appropriate. Two wet -signed original copies of the report shall be
submitted directly to the office of the City Community Development
Department along with a copy of this condition and the grading plan for
appropriate case processing and tracking.
51. Native American Monitoring (Pechanga). Tribal monitor(s) shall be
required on -site during all ground -disturbing activities, including grading,
stockpiling of materials, engineered fill, rock crushing, etc. The land
divider/permit holder shall retain a qualified tribal monitor(s) from the
Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the
developer shall submit a copy of a signed contract between the above -
mentioned Tribe and the land divider/permit holder for the monitoring of the
project to the Community Development Department and to the Engineering
Department. The Tribal Monitor(s) shall have the authority to temporarily
divert, redirect or halt the ground -disturbance activities to allow recovery of
cultural resources, in coordination with the Project Archaeologist.
Plot Plan No. PLN19-0045 and PLN19-0046 20 of 67
52. Native American Monitoring (Soboba). Tribal monitor(s) shall be required
on -site during all ground -disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder
shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno
Indians. Prior to issuance of a grading permit, the developer shall submit a
copy of a signed contract between the above -mentioned Tribe and the land
divider/permit holder for the monitoring of the project to the Community
Development Department and to the Engineering Department. The Native
American Monitor(s) shall have the authority to temporarily divert, redirect or
halt the ground -disturbance activities to allow recovery of cultural resources,
in coordination with the Project Archaeologist.
Fees
53. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the
applicant shall comply with the provisions of Riverside County Ordinance No.
663 (hereinafter Ordinance No. 663), which generally requires the payment of
the appropriate fee set forth in that ordinance. The amount of the fee required
to be paid may vary depending upon a variety of factors, including the type of
development application submitted and the applicability of any fee reduction
or exemption provisions contained in Ordinance No. 663. Said fee shall be
calculated on the approved development project which is anticipated to be
9.87 acres in accordance with APPROVED EXHIBIT NO. A. If the
development is subsequently revised, this acreage amount may be modified
in order to reflect the revised development project acreage amount. In the
event Ordinance No. 663 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 663 be rescinded and
superseded by a subsequent City mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
54. Processing Fees. Prior to issuance of grading permits, the Community
Development Department shall determine the status of the deposit -based
fees. If the fees are in a negative status, the permit holder shall pay the
outstanding balance.
Prior to Issuance of Building Permit
55. Mitigation Monitoring. The permittee shall prepare and submit a written
report to the Community Development Director or review and approval
demonstrating compliance with the standard conditions of approval and
mitigation measures identified in the Initial Study/Mitigated Negative
Declaration (IS/MND) for this project which must be satisfied prior to issuance
of building permits. The Community Development Director may require
inspection or other monitoring to ensure such compliance.
56. Submit Building Plans. Prior to the issuance of a building permit, the
permittee shall submit building plans with the City of Menifee Building and
Safety Department for building permits. The building plans shall be in
substantial conformance with APPROVED EXHIBIT A, B, C, G, L and S.
Plot Plan No. PLN19-0045 and PLN19-0046 21 of 67
57 Elevations. Elevations of all buildings and structures submitted for building
plan check approval shall be in substantial conformance with the elevations
shown on APPROVED EXHIBIT B, M and S.
If building plans are proposed that alter the elevations as shown on
APPROVED EXHIBIT B, M and S a plot plan application pursuant to City
Municipal Code, along with the current fee shall be submitted to the
Community Development Department for review and approval. If substantial
modifications are proposed to the elevations, the Community Development
Director may determine that Planning Commission review and approval is
required.
58. Tower Elements and Parapets. Tower elements shall include four
architecturally enhanced sides or be wrapped (with the same architectural
enhancement shown on the front of the tower) to appear four-sided from
public view. Sides and backs of parapets open to public view shall be
treated/painted in the same manner as the front of the parapet. Colors of all
buildings shall be in substantial compliance with APPROVED EXHIBIT B.
59. Lighting. The building plans shall show the location and types of light fixtures
that will be within the project site and on the building. Lighting fixtures shall be
decorative. Shoe -box -type lighting will not be allowed. The types of lighting
fixtures used shall be subject to Community Development Department
approval. The location of lighting shown on the building is for conceptual
purposes only and may be relocated during the building plan check.
Architecturally appropriate themed lighting fixtures shall be located along the
project perimeter, project entrances, and other focal points on the project site
and shall be subject to Community Development Department review and
approval. Parking lot lights shall be approved by the Community
Development Director. All parking lot lights and other outdoor lighting shall be
shown on electrical plans submitted to the Department of Building and Safety
for plan check approval and shall comply with the requirements of the City of
Menifee Municipal Code Chapter 6.01.
60. Roof -Mounted Equipment Plans. Roof -mounted equipment shall be
shielded from ground view and from view of any public right-of-way. All
building plans shall show all roof -mounted equipment and methods for
screening consistent with Approved Exhibit B and shall be submitted to the
Community Development Department for review and approval prior to
Building Permit issuance. The plans shall be approved prior to issuance of a
Building Permit. Screening material shall be subject to Community
Development Department approval. Community Development staff will verify
that all roof -mounted equipment has been screened in compliance with the
approved plans prior to final occupancy.
61. Dark Sky Ordinance. All streetlights and other outdoor lighting shall be
shown on electrical plans submitted to the Department of Building and Safety
and the Community Development Department for plan check approval and
shall comply with the requirements of Menifee Municipal Code Chapter 6.01,
the "Dark Sky Ordinance", and the General Plan. Low-pressure sodium lamps
are the preferred illuminating source, and all non-exempt outdoor light fixtures
Plot Plan No. PLN19-0045 and PLN19-0046 22 of 67
shall be shielded. A maximum of 8,100 total lumens per acre or parcel if less
than one acre shall be allowed. When lighting is "allowed", it must be fully
shielded if feasible and partially shielded in all other cases and must be
focused to minimize spill light into the night sky and onto adjacent properties
(Section 6.01.040).
62. Electrical Cabinets. All electrical cabinets shall be located inside a room that
is architecturally integrated into the design of the building.
63. Floor Plans. Floor plans shall be in substantial conformance with that shown
on APPROVED EXHIBIT C.
64. Wall and Fencing Plan. A wall and fencing plan shall be submitted to the
Community Development Department for review and approval showing all
wall and fence locations and typical views of all types of fences or walls
proposed. This plan shall require anti -graffiti coatings on fences and walls,
where applicable. The plan shall be approved prior to issuance of a Building
Permit. As a part of the wall and fence review, the City along with the
developer and the tenant for Building No. 6 will come to an agreement on an
alternative material to the vinyl fencing shown at the playground area to
ensure the safety of the children, the aesthetics of the fencing, cohesiveness
with the overall center and compliance with all city regulations. This condition
was added and requested by Planning Commission at the July 14th, 2021
meeting.
65. Menu Board Location Site Plan. Prior to building permit issuance for
Building No. 3 (drive-thru restaurant), the developer shall provide a revised
site plan showing adequate drive-thru stacking for the restaurant. Stacking for
the drive-thru shall allow for six (6) vehicles prior to the menu board. Stacking
shall assume a minimum measurement of 9 feet x 20 feet per vehicle.
66. Newport and Evans Road Project Entry Treatment. Prior to building permit
issuance for the project entry treatment located at the southwest corner of
Newport Road and Evans Road, the developer shall provide an updated
elevation of the monument sign showing the incorporation of "Newport
Estates" on the sign face for clear entry into the Newport Estates Specific
Plan as required by the specific plan.
67 HVAC. The developer shall utilize HVAC units with the lowest sound power
level shall be selected. The HVAC units shall be installed as far as possible
from residential land uses. The HVAC equipment shall be enclosed or
shielded from off -site properties.
68. Reciprocal Parking and Access Agreement. Prior to final map recordation
or building permit issuance (whichever occurs first), a reciprocal parking and
access agreement shall be recorded to share the parking spaces and allow
reciprocal access for the parcels associated with commercial center and
allow for emergency vehicular access through the commercial center to the
senior living facility at its southeast access gate.
Plot Plan No. PLN19-0045 and PLN19-0046 23 of 67
69. Security Systems. Prior to the issuance of Building Permits, the applicant
shall prepare a security plan for the site. The security plan for this project
shall include a comprehensive security camera system that clearly depicts
the entire parking field. This security camera system shall be based in one of
the buildings containing the management office for this development, or
inside a security office located within one of the retail buildings or other
places acceptable to the Menifee Police Department, that is accessible to law
enforcement at all times of the day and night. This security camera system
shall have a recording capacity to minimally save footage for the period of
one month. The above camera surveillance system shall include LPR
(License Plate Recognition) cameras installed at the entrances/exits to this
project. LPR cameras are cameras specifically designed to read and record
vehicle license plates as they enter and exit this complex. It should be noted
that high quality day/night vision LPR cameras are relatively inexpensive.
The plan shall be approved prior to issuance of Building Permits.
The Menifee Police Department, and/or Community Development
Department shall verify that the security system has been installed prior to
final occupancy.
Fees
70. Fees. Prior to issuance of Building Permits, the Community Development
Department shall determine if the deposit -based fees for project are in a
negative balance. If so, any outstanding fees shall be paid by the permittee.
71. Ordinance No. 17-232 (DIF). Prior to the issuance a building permit (for any
of the commercial buildings), the applicant shall comply with the provisions of
Ordinance No. 17-232, which requires the payment of the appropriate fee set
forth in the Ordinance. Ordinance No. 17-232 has been established to set
forth policies, regulations and fees related to the funding and construction of
facilities necessary to address the direct and cumulative environmental
effects generated by new development projects described and defined in this
Ordinance, and it establishes the authorized uses of the fees collected.
In the event Ordinance No. 17-232 is rescinded, this condition will no longer
be applicable. However, should Ordinance No. 17-232 be rescinded and
superseded by a subsequent City mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
72. Open Space Fee (MSHCP). Prior to the issuance of a building permit, the
applicant shall comply with the provisions of City of Menifee Municipal Code
Chapter 8.27 (hereinafter Chapter 8.27), which requires the payment of the
appropriate fee set forth in the Ordinance.
The amount of the fee will be based on the "Project Area" as defined in the
Ordinance and the aforementioned Condition of Approval.
In the event Chapter 8.27 is rescinded, this condition will no longer be
applicable. However, should Chapter 8.27 be rescinded and superseded by a
Plot Plan No. PLN19-0045 and PLN19-0046 24 of 67
subsequent mitigation fee ordinance, payment of the appropriate fee set forth
in that ordinance shall be required.
73. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
74. Menifee Union School District. Impacts to the Menifee Union School
District shall be mitigated in accordance with California State law.
Landscaping
75. Performance Securities. Performance securities, in amounts to be
determined by the Director of Community Development to guarantee the
installation of plantings, irrigation system, walls and/or fences, in accordance
with the approved plan, shall be filed with the Department of Community
Development. Securities may require review by City Attorney and other staff.
Permit holder is encouraged to allow adequate time to ensure that securities
are in place. The performance security may be released one year after
structural final, inspection report, and the One -Year Post Establishment
report confirms that the planting and irrigation components have been
adequately installed and maintained. A cash security shall be required when
the estimated cost is $2,500.00 or less. At applicant's election, a cash
security may also be used for amounts exceeding $2,500.
76. Landscape and Irrigation Plans. The permittee shall submit three (3) sets
of Final Landscaping and Irrigation Plans to the Planning Division for review
and approval. Said plan shall be submitted to the Division pursuant to City
Municipal Code along with the current fee.
The plan shall be in substantial conformance to APPROVED EXHIBIT L,
Menifee Municipal Code and the conditions of approval. The plan shall show
all common open space areas (e.g., outdoor gathering areas). The plan shall
address all areas and conditions of the project requiring landscaping and
irrigation to be installed including, but not limited to, slope planting, water
quality basins, common area and/or outdoor gathering area landscaping.
Landscaping plans for areas that are totally within the road right-of-way shall
be submitted to the Engineer Department only. Slope Landscaping plans for
slopes exceeding 3 feet in height shall be submitted to the Engineering
Department.
The irrigation plan shall be in compliance with Menifee Municipal Code, and
include a rain shut-off device which is capable of shutting down the entire
system. In addition, the plan will incorporate the use of in -line check valves,
or sprinkler heads containing check valves to prohibit low head drainage.
The location, number, genus, species, and container size of plants shall be
shown.
If the above -mentioned landscaping plans do not include shading and parking
landscaping, prior to issuance of building permits, three (3) copies of a
Plot Plan No. PLN19-0045 and PLN19-0046 25 of 67
Shading, Parking, Landscaping, and Irrigation Plan shall be submitted to and
approved by the Planning Department.
Landscaping and Irrigation Plans shall meet all applicable requirements of
Menifee Municipal Code (as adopted and any amendments thereto), the
Riverside County Guide to California Friendly Landscaping, and Eastern
Municipal Water District requirements.
Project Specific Landscape Requirements:
77. Curb and Walkway on End Stall Planters. Unless otherwise approved by
the Community Development Director, a twelve (12) inch wide walkway shall
be constructed along planters on end stalls adjacent to automobile parking
areas. Public parking areas shall be designed with permanent curb, bumper,
or wheel stop or similar device so that a parked vehicle does not overhang
required sidewalks, planters, or landscaped areas.
78. 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 Planning Department, Building
and Safety Department and the State air quality management authorities.
Interim shrub borders shall be planted around various undeveloped pads of
the project.
79. Crime Prevention through Environmental Design Guidelines. All plants,
landscaping and foliage shall fall within current CPTED (Crime Prevention
through Environmental Design) guidelines.
80. Landscape Inspections. Prior to issuance of Building Permits, the permit
holder shall open a Landscape Deposit Based Fee case and deposit the
prevailing deposit amount to cover the pre -inspection, initial installation
inspection, Six (6) Month and One Year Landscape Inspections. The number
of hours for the inspections will be determined by the Community
Development Department's Landscape personnel prior to approval of the
requisite Minor Plot Plan for Planting and Irrigation.
81. Bicycle Racks. The landscaping plans shall show the location of bicycle
racks. Where bicycle racks are placed in public view, the racks must be
enhanced.
82. Tree Placement. Tree placement should avoid conflicts with parking lot
lighting.
83. Basins. Planting in basins shall be consistent with Approved Exhibit L and
the plants shall be of adequate height so that they can be seen above the
curbs surrounding the basins and/or up to a minimum height of three (3) feet.
84. Double Detectors. Double detector check valve assemblies (backflow
preventers) for landscape irrigation and domestic water shall not be located
Plot Plan No. PLN19-0045 and PLN19-0046 26 of 67
at visually prominent locations (such as the end of drive aisles or at site
entries) and shall be well -screened with shrubs, berming, or low screen walls.
85. Wall Latice/Vine Planters. Adequate planters shall be provided for the
proposed vines at each wall lattice location. Planters shall be shown on the
final landscaping and irrigation plan for the project.
Prior to Final Inspection
86. Mitigation Monitoring. The permittee shall prepare and submit a written
report to the Community Development Director or review and approval
demonstrating compliance with the standard conditions of approval and
mitigation measures identified in the Initial Study/Mitigated Negative
Declaration (IS/MND) for this project which must be satisfied prior to final
inspection. The Community Development Director may require inspection or
other monitoring to ensure such compliance.
87. Elevations. Elevations of all buildings and structures shall be in substantial
conformance as determined by the Community Development Director with
the elevations shown on APPROVED EXHIBIT B.
88. Roof Mounted Equipment. Prior to final occupancy, Community
Development staff will verify that all roof -mounted equipment has been
screened in compliance with the approved plans.
89. Lighting. Exterior lighting shall be consistent with the approved building
plans.
90. Trash Enclosures. Trash enclosures which are adequate to enclose the
required number of bins (per Waste Management) shall be located as shown
on the Approved Exhibit A, G and L and shall be constructed prior to the
issuance of occupancy permits. The enclosure(s) shall be a minimum of six
(6) feet in height and shall be architecturally enhanced and made with
masonry block (including masonry cap) with landscaping screening, roof
covering and a solid gate which screens the bins from external view in
compliance with Approved Exhibit L. Additional enclosed area for collection of
recyclable materials shall be located within, near or adjacent to each trash
and rubbish disposal area. The recycling collection area shall be a minimum
of fifty percent (50%) of the area provided for the trash/rubbish enclosure(s)
or as approved by the City of Menifee Engineering Public Works Department.
All recycling bins shall be labeled with the universal recycling symbol and with
signage indicating to the users the type of material to be deposited in each
bin.
91. Condition Compliance. The Community Development Department shall
verify that the Development Standards of this approval and all other
preceding conditions have been complied with prior to any use allowed by
this permit.
92. Utilities Underground. All utilities, except electrical lines rated 33 kV or
greater, shall be installed underground. If the permittee provides to the
Plot Plan No. PLN19-0045 and PLN19-0046 27 of 67
Department of Building and Safety and the Community Development
Department a definitive statement from the utility provider refusing to allow
underground installation of the utilities they provide, this condition shall be
null and void with respect to that utility.
93. Security Systems. The Menifee Police Department, and/or Community
Development Department shall verify that the security system has been
installed in compliance prior to final occupancy.
94. Final Planning Inspection. The permittee shall obtain final occupancy sign -
off from the Planning Division for each Building Permit issued by scheduling a
final Community Development Department inspection prior to the final sign -off
from the Building Department. Community Development staff shall verify that
all pertinent conditions of approval have been met, including compliance with
the approved elevations, site plan, parking lot layout, etc. The permittee shall
have all required paving, parking, walls, site lighting, landscaping and
automatic irrigation installed and in good condition.
95. Paleontological Monitoring Report. Prior to issuance of a certificate of
occupancy, the permittee shall submit to the Community Development
Department, two (2) copies of the Paleontology Monitoring Report. The
report shall be certified by a professional paleontologist listed Riverside
County's Paleontology Consultant List. A deposit for the review of the report
will be required.
96. Archeology Report - Phase III and IV. Prior to final inspection of the first
building permit associated with each phase of grading, the developer/permit
holder shall prompt the Project Archeologist to submit two (2) copies of the
Phase III Data Recovery report (if conducted for the Project) and the Phase
IV Cultural Resources Monitoring Report that complies with the Community
Development Department's requirements for such reports. The Phase IV
report shall include evidence of the required cultural/historical sensitivity
training for the construction staff held during the pre -grade meeting. The
Community Development Department shall review the reports to determine
adequate mitigation compliance. Provided the reports are adequate, the
Community Development Department shall clear this condition. Once the
report(s) are determined to be adequate, two (2) copies shall be submitted to
the Eastern Information Center (EIC) at the University of California Riverside
(UCR) and one (1) copy shall be submitted to the Pechanga Cultural
Resources Department.
Landscaping
97. Soil Management Plan. The permittee shall submit a Soil Management Plan
(Report) to the Community Development Department before the Landscape
Installation Inspection. The report can be sent in electronically. Information
on the contents of the report can be found in the County of Riverside Guide to
California Friendly Landscaping page 16, #7, "What is required in a Soil
Management Plan?"
Plot Plan No. PLN19-0045 and PLN19-0046 28 of 67
98. Landscape/irrigation Install Inspection. The permittee landscape architect
responsible for preparing the Landscaping and Irrigation Plans shall arrange
for a Pre -Landscape installation inspection and a Landscape Completion
Installation Inspection with the Community Development Department. The
pre -landscape inspection shall be arranged at least fifteen (15) working days
prior to installation of landscaping. The landscape completion inspection
shall be arranged at least fifteen (15) working days prior to final inspection of
the structure or issuance of occupancy permit, whichever occurs first. A One
Year Post -Establishment Inspection will also be required. The Community
Development Department will require a deposit in order to conduct the
landscape inspections.
99. Landscape Installation. All required landscape planting and irrigation shall
have been installed in accordance with approved Landscaping, Irrigation, and
Shading Plans, Menifee Municipal Code, Eastern Municipal Water District
requirements and the Riverside County Guide to California Landscaping. All
landscape and irrigation components shall be in a condition acceptable to the
Community Development Department. The plants shall be healthy and free of
weeds, disease or pests. The irrigation system shall be properly constructed
and determined to be in good working order.
100. Final Landscape Approval. The final landscape approval following
installation shall be subject to the review and approval of the City's
Landscape Architectural Consultant and the Community Development
Director. The Community Development Director may require additional trees,
shrubs and/or groundcover as necessary, if site inspections reveal landscape
deficiencies that were not apparent during the plan review process.
Fees
101, Fees. Prior to issuance of occupancy/final inspections, the Community
Development Department shall determine if the deposit -based fees for project
are in a negative balance. If so, any outstanding fees shall be paid by the
permittee.
Plot Plan No. PLN19-0045 and PLN19-0046 29 of 67
Section III:
En ineerin /Public Works
Department
Conditions of Approval
Plot Plan No. PLN19-0045 and PLN19-0046 30 of 67
The following are the Public Works / Engineering Department Conditions of Approval for
this project which shall be satisfied at no cost to the City or any other Government
Agency. All questions regarding the intent of the following conditions shall be referred to
the Public Works / Engineering Department, Land Development Section. The developer /
property owner shall use the standards and design criteria stated in the following
conditions, and shall comply with 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 ENGINEERING CONDITIONS
102. This conditional use permit, PLN19-0044, is concurrently processing a
proposed plot plan, PLN19-0045, which has its own set of Conditions of
Approval. The conditions for this conditional use permit, shall be satisfied in
concurrence with the Conditions of Approval for the proposed Tentative
Parcel Map, PLN19-0047 / TPM 37071 and Plot Plan PLN19-0045.
103. Subdivision Map Act - The developer / property owner shall comply with the
State of California Subdivision Map Act.
104. Mylars — All improvement plans and grading plans shall be drawn on twenty-
four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil
engineer and/or other registered/licensed professional as required.
105. Bond Agreement, 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. Bond agreements and bond posting shall be required prior
to map recordation, 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.
106. Bond Replacement, Reduction, 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
Plot Plan No. PLN19-0045 and PLN19-0046 31 of 67
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 City Council approvals. Therefore, it
shall be the responsibility of the developer / property owner to coordinate
their project timing with City Council calendar when requesting changes to
the bond agreements.
107. Existing and Proposed Easements - The final grading plan shall correctly
show all existing easements, traveled ways, and drainage courses. Any
omission or misrepresentation of these documents may require said plan to
be resubmitted for further consideration.
108. Plan Check Submittals - Appropriate plan check submittal forms shall be
completed and submittal check list provided that includes required plan
copies, necessary studies / reports, references, fees, deposits, etc. Prior to
final approval of improvement plans by the Public Works / Engineering
Department, the developer / property owner shall submit to the Public Works /
Engineering Department CAD layers of all improvements to be maintained by
the City (pavement, sidewalk, street lights, etc.). A scanned image of all final
approved grading and improvement plans on a Universal Serial Bus (USB)
drive, also known as a `flash" drive or "thumb" drive, shall be submitted to the
Public Works / Engineering Department, in one of the following formats: (a)
Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx
and Abf) 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.
109. Plan Approvals — 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 Public
Works / Engineering Department for review and approval. All submittals shall
be signed and date stamped by the Engineer of Record. The plans must
receive Public Works / Engineering Department approval prior to issuance of
any construction permit, grading permit, or building permits as applicable and
as determined by the Public Works Director / City Engineer. All submittals
shall include a completed City Fee or Deposit Based Worksheet and the
appropriate plan check. For improvements proposed to be owned and
maintained by the Riverside County Flood Control and Water Conservation
District, improvement plans must receive district approval prior to Building
permit issuance or as determined by the District.
110. 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 shapefile (made up of ESRI extensions
.shp, .shx and Abf) or (c) Geodatabase (made up of ESRI extension .gdb).
The timing for submitting the as -built plans shall be as determined by the
Public Works Director / City Engineer.
Plot Plan No. PLN19-0045 and PLN19-0046 32 of 67
111. Construction Times of Operation - The developer / property owner shall
monitor, supervise, and control all construction and construction related
activities to prevent them from causing a public nuisance including, but not
limited to, strict adherence to the following:
a. Construction activities shall comply with City of Menifee ordinances
relating to construction noise. Any construction within the city located
within one-fourth mile from an occupied residence shall be permitted
Monday through Saturday, except on nationally recognized holidays, 6:30
a.m. to 7:00 p.m. in accordance with Municipal Code Section 8.01.010.
There shall be no construction permitted on Sunday or nationally
recognized holidays unless approval is obtained from the City Building
Official or City Engineer.
b. Removal of spoils, debris, or other construction materials deposited on
any public street no later than the end of each working day.
The construction site shall accommodate the parking of all motor vehicles
used by persons working at or providing deliveries to the site. Violation of
any condition or restriction or prohibition set forth in these conditions shall
subject the owner, applicant to remedies as set forth in the City Municipal
Code. In addition, the Public Works Director / City Engineer or the
Building Official may suspend all construction related activities for
violation of any condition, restriction or prohibition set forth in these
conditions until such a time it has been determined that all operations and
activities are in conformance with these conditions.
d. A Pre -Construction meeting is mandatory with the City's Public Works
Inspection team prior to start of any construction activities for this site.
112. Dry Utility Installations — Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance
with current City ordinances, or as approved by the Public Works Director /
City Engineer. This applies also to existing overhead lines which are 33.6
kilovolts or below along the project frontage and within the project
boundaries. In cases where 33.6kV or below lines are collocated with high
voltage lines (for example, 115kV), the low voltage lines shall still be placed
underground even when the high voltage lines are exempt from relocation or
undergrounding in accordance with City standards and ordinances.
Exemption from undergrounding low voltage lines shall only be by the Public
Works Director / City Engineer or as directed by the City Council.
B. GRADING AND DRAINAGE
113. Introduction — Improvement such as grading, filling, over excavation and re -
compaction, and base or paving which require a grading permit are subject to
the Public Works Department conditions of approval stated herein.
114. 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 requirements of City Grading Regulations
Plot Plan No. PLN19-0045 and PLN19-0046 33 of 67
Chapter 8.26. Additionally grading permits are subject to the Public Works
Department conditions of approval stated herein.
115. Regulations and Ordinance on Grading Within the City — In addition to
compliance with City Chapter 8.26, grading activities shall also conform to the
latest edition of the California Building Code, City General Plan, other City
Ordinances, City design standards and specifications 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 Public
Works Director / 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.
116. Grading Permit for Disturbed Soil — City ordinance on grading requires a
grading permit prior to clearing, grubbing or any top soil disturbances related
to construction grading.
117. 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.
118. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum
steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by
the Public Works / Engineering Department.
119. Slope Setbacks — Observe slope setbacks from buildings and property lines
per the California Building Code and City ordinance on grading.
120. Slope Landscaping and Irrigation — All slopes greater than or equal to 3
feet in vertical height shall be irrigated and landscaped with grass or ground
cover. Drip irrigation shall be used for all irrigated slopes.
121. Slope Erosion Control Plan - Erosion control and/or landscape plans are
required for manufactured slopes greater than 3 feet in vertical height. The
plans shall be prepared and signed by a registered landscape architect and
bonded per applicable City ordinances.
122. Slope Stability Report — A slope stability report shall be submitted to the
Public Works / Engineering Department for all proposed cut and fill slopes
steeper than 2:1 (horizontal:vertical) or over 20 feet in vertical height, unless
addressed in a previously city approved report.
123. Erosion Control Plans — All grading plans shall require erosion control plans
prior to approval. Temporary erosion control measures shall be implemented
immediately following rough grading to prevent deposition of debris onto
downstream properties or drainage facilities. Plans showing erosion control
measures may be included as part of the grading plans or submitted as a
separate set of plans for city review and approval. Graded but undeveloped
Plot Plan No. PLN19-0045 and PLN19-0046 34 of 67
land shall provide, in addition to erosion control planting, any drainage
facilities deemed necessary to control or prevent erosion. Erosion and
sediment control BMPs are required year-round in compliance with all
applicable City of Menifee Standards and Ordinances and the National
Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm
Sewer System (MS4) Permit from the California State Water Resources
Control Board (SWRCB). Additional Erosion protection may be required
during the rainy season.
124. Water Quality Management Plan - All grading plans shall require an
approved copy of the Water Quality Management Plan sheet per the
approved WQMP report. The developer / property owner shall comply with
the requirements of the WQMP report, and City standards and specifications.
125. Design Grade Criteria:
a. On -Site Parking — Parking stalls and driveways shall not have grade
breaks exceeding 4%. A 50' minimum vertical curve shall be provided
where grade breaks exceed 4%. Five percent grade is the maximum
slope for any parking area. Where ADA requirement applies, ADA
requirement shall prevail.
b. Down Drains - Concrete down drains that outlet onto parking lot areas are
not allowed. Drainage that has been collected in concrete ditches or
swales should be collected into receiving underground drainage system,
or should outlet with acceptable velocity reducers into BMP devices.
c. Pavement - Permeable pavement requires the layers of filter material to
be installed relatively flat. As such, the permeable pavement areas should
have a maximum surface gradient of 2% or approved by the Public Works
Director / City Engineer.
Non-compliance with any of the above criteria may require a redesign of the
project. Significant redesigns may require a revised Plot Plan and/or
Tentative Parcel Map.
126. Drainage Grade - Minimum drainage design grade shall be 1 % except on
Portland cement concrete surfaces where 0.5% shall be the minimum. The
engineer of record must submit a variance request for design grades less
than 1 % with a justification for a lesser grade.
127. Finish Grade — Shall be sloped to provide proper drainage away from all
exterior foundation walls. The slope shall be not less than 2% for a distance
of not less than 3 feet from any point of exterior foundation. Drainage swales
shall not be less than 1 1/2 inches deeper than the adjacent finish grade at
the foundation.
128. Use of Maximum and Minimum Grade Criteria — Actual field construction
grades shall not exceed the minimum and maximum grades for ADA and
approved project grading design, to allow for construction tolerances. Any
improvement that is out of the minimum and maximum values will not be
accepted by the City Inspector, and will need to be removed and replaced at
developer's or owner's expense.
Plot Plan No. PLN19-0045 and PLN19-0046 35 of 67
129. Site Drainage - Positive drainage of the site shall be provided, and water
shall not be allowed to pond behind or flow over cut and fill slopes. Where
water is collected and discharged in a common area, protection of the native
soils shall be provided by planting erosion resistant vegetation, as the native
soils are susceptible to erosion by running water. All cut and fill slopes shall
have a maximum 2:1 (H:V) grade, 2 horizontal to 1 vertical.
130. Alteration of Drainage Patterns — Prior to grading permit issuance or
approval of improvement plans, the final engineering plans submitted by the
applicant shall address the following: The project drainage system shall be
designed to accept and properly convey all on- and off -site drainage flowing
on or through the site. The project drainage system design shall protect
downstream properties from any damage caused by alteration of drainage
patterns such as concentration or diversion of flow. Concentrated drainage on
commercial lots shall be diverted through parkway drains under sidewalks.
131. Licensed Geotech - A licensed geotechnical engineer shall perform final
determination of the foundation characteristics of soils within on -site
development areas.
132. 10 Year Curb — 100 Year ROW - The 10 year storm flow shall be contained
within the curb and the 100 year storm flow shall be contained within the
street right-of-way. When either of these criteria is exceeded, additional
drainage facilities shall be installed. The property shall be graded to drain to
the adjacent street or an adequate outlet.
133. 100 Year Drainage Facilities - All drainage facilities shall be designed to
accommodate 100 year storm flows as approved by the City of Menifee
Public Works / Engineering Department.
134. 100 Year Design Criteria - In final engineering and prior to grading permit
issuance, subsurface storage systems shall be designed with emergency
overflow inlets to mitigate flows in excess of the 100 year storm event in a
controlled manner to the satisfaction of the Public Works / Engineering
Department.
135. 100 Year Sump Outlet - Drainage facilities outletting sump conditions shall
be designed to convey the tributary 100 year storm flows. Additional
emergency escape shall also be provided.
136. On -Site Storm Drain System - Prior to issuance of a grading permit, the
proposed on -site storm drain system shall be designed such that any ponding
in the 100 year storm, shall be contained within the site; it shall not encroach
onto any adjacent property, and shall maintain a minimum 1-foot freeboard to
the proposed building pad elevation. The 100 year storm flow shall be
conveyed to the existing Riverside County Flood Control and Water
Conservation District storm drain line in Newport Road, and shall not flow
over the proposed parkway or within the driveway approach.
Plot Plan No. PLN19-0045 and PLN19-0046 36 of 67
137. Retaining Walls — Sections, which propose retaining walls, will require
separate permits. They shall be obtained prior to issuance of any other
building permits — unless otherwise approved by the Building Official. The
walls shall be designed by a registered civil engineer and conform to City
Standards.
138. Geotechnical Report — The following documentation was reviewed and
approved by the City:
a. Preliminary Soil Investigation Report Update, Proposed Newport
Pointe Retail Center, APN: 360-020-051, Newport Road, Menifee,
California, prepared by GeoMat Testing Laboratories, Inc., Project No.
18226-01, dated December 6, 2020.
Two copies of City -approved geotechnical/soils report, no more than
three (3) years from date of application for a grading permit, shall be
provided to the City Public Works / Engineering Department with initial
submittal of a grading plan. If there is no approved report and/or said
report is past the three (3) years from date of application, a new
geotechnical/soils report and/or update letter, respectively, shall be
prepared and submitted to City for review and approval. The
geotechnical/soils, compaction and inspection reports will be reviewed in
conformance with the latest edition of the Riverside County Technical
Guidelines for Review of Geotechnical and Geologic Reports. A fee for
review of the geotechnical/soils report and/or update letter shall be paid to
the City, the amount of which shall be determined by the City at the first
submittal of the report.
A pre -grading meeting, certifications, approvals and inspection
procedures will be implemented in accordance with City Public Works -
Inspection process. All grading shall be done in conformance with the
recommendations of the City approved geotechnical/soils reports, and
under the general direction of a licensed geotechnical engineer.
139. Drainage Study — The following report was reviewed and approved by the
City:
a. Preliminary Hydrology Report for Newport Pointe, prepared by Dost
Engineering, received March 31, 2021.
Two copies of a final drainage study (also referred to as Hydrology/Hydraulics
Report) shall be submitted to the City for review and approval. The study
shall analyze at a minimum the following: project site drainage flow; all future
improvements drainage flow; Q10, Q100, pre- and post- condition flow rates;
anticipated total drainage flow into existing storm drain; and existing storm
drain capacity. The project shall comply with all mitigation recommended by
the approved drainage study. A fee for review of the Drainage Study shall be
paid to the City, the amount of which shall be determined by City at first
submittal of report.
Plot Plan No. PLN19-0045 and PLN19-0046 37 of 67
140. Grading Permit for Clearing and Grubbing — City ordinance on grading
requires a grading permit prior to clearing, grubbing, or any topsoil
disturbances related to construction grading activities.
141. Compliance with NPDES General Construction Permit — The developer/
property owner shall comply with the National Pollutant Discharge Elimination
System (NPDES) General Construction Permit (GCP) from the State Water
Resources Control Board (SWRCB).
Prior to approval of the grading plans or issuance of any grading permit, the
developer / property owner shall obtain a GCP from the SWRCB. Proof of
filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the
City; and the WDID number issued by the SWRCB shall be reflected on all
grading plans. For additional information on how to obtain a GCP, contact the
SWRCB.
142. 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. The City shall require submittal of
NOTs for requests to fully release associated grading bonds.
143. SWPPP for Inactive Sites - The developer / property owner shall be
responsible for ensuring that any graded area that is left inactive for a long
period of time has appropriate SWPPP BMPs in place and in good working
condition at all times until construction is completed and the Regional Board
has issued a Notice of Termination (NOT) for the development.
144. Grading Bonds — Prior to commencing any grading of 50 or more cubic
yards of dirt, the applicant shall obtain a grading permit from the Public Works
/ Engineering Department. Prior to issuance of the permit, adequate
performance grading security shall be posted by the developer / property
owner with the Public Works / Engineering Department.
145. Import/Export — In instances where a grading plan involves import or export,
prior to obtaining a grading permit, the developer/property owner shall have
obtained approval for the import/export location from the Public Works /
Engineering Department. If an Environmental Assessment did not previously
approve either location, a Grading Environmental Assessment shall be
submitted to the Planning Director for review and comment and to the Public
Works Director / City Engineer for approval. Additionally, if the movement of
import/export occurs using City roads, review and approval of the haul routes
by the Public Works / Engineering Department will be required. Import or
export materials shall conform to the requirements of Chapter 8.26.
Plot Plan No. PLN19-0045 and PLN19-0046 38 of 67
146. Offsite Grading — Prior to the issuance of a grading permit, it shall be the
sole responsibility of the developer/property owner to obtain all proposed or
required easements and/or permissions necessary to perform offsite grading,
from affected landowners; including any off -site grading to construct the
necessary transition from the west on Newport Road. Notarized and recorded
agreement or documents authorizing the offsite grading shall be submitted to
the Public Works / Engineering Department.
147. Submit Plans — A copy of the improvement plans, grading plans, BMP
improvement plans, and any other necessary documentation along with
supporting hydrologic and hydraulic calculations shall be submitted to the
Public Works / Engineering Department for review. All submittals shall be
date stamped by the engineer and include a completed City Deposit or Fee
Based Worksheet and the appropriate plan check fee or deposit.
148. No Building Permit without Grading Permit - Prior to issuance of any
building permit for any new structures or appurtenances, the developer /
property owner shall obtain a grading permit and/or approval to construct
from the Public Works / Engineering Department.
149. Final Rough Grading Conditions — Prior to issuance of a building permit for
any new structures or appurtenances, the developer / property owner shall
cause the Civil Engineer of Record and Soils Engineer of Record for the
approved grading plans, to submit signed and wet stamped rough grade
certification and compaction test reports with 90% or better compaction, for
the lots for which building permits are requested. The certifications shall use
City approved forms, and shall be submitted to the Public Works /
Engineering Department for verification and acceptance.
150. 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:
151. Final Grade Certification — The developer / property owner shall cause the
Civil Engineer of Record for the approved grading plans, to submit a signed
and wet stamped final grade certification on City approved form, for each
building for which a certificate of occupancy is requested. The certification
shall be submitted to the Public Works / Engineering Department for
verification and acceptance.
152. 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.
Plot Plan No. PLN19-0045 and PLN19-0046 39 of 67
153. Plant & Irrigate Slopes — 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 greater than
or equal to 3' in vertical height shall have erosion control measures provided.
Slopes that exceed 15' in vertical height are to be planted with additional
shrubs and trees as approved by the Public Works / Engineering Department.
Drip irrigation shall be provided for all irrigated slopes.
C. COVENANTS, CONDITIONS & RESTRICTIONS (CC&Rs)
154. Common Area Maintenance — Any common areas identified in the Tentative
Parcel Map shall be owned and maintained as follows:
a. A permanent master maintenance organization shall be established for
the tentative parcel map area, to assume maintenance responsibility for
all common areas. The organization may be public (City CFD, or another
agency) or private (e.g., property owners' 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. (See also the Use / Maintenance of
Ultimate Right -of -Way Portion of Property and Owner Improvements
condition)
b. The maintenance organization shall be established prior to or concurrent
with the Parcel Map recordation.
155. 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 association (POA) shall be the
mechanism to maintain such common areas. (See also the Use /
Maintenance of Ultimate Right -of -Way Portion of Property and Owner
Improvements condition)
156. CC&R Content, Submittal Process and Timing — Prior to parcel map
recordation, the developer/property owner shall submit to the Public Works /
Engineering Department for review and approval CC&R documents
consisting of the following:
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 Public Works /
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
association,
ii. provide for the ownership of the common area by the property
owner's association,
Plot Plan No. PLN19-0045 and PLN19-0046 40 of 67
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 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 property 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.
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 parcel 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.
D. STREETS AND DEDICATIONS
157. Street Improvements - Street improvements shall conform to all applicable
City Design Standards and Specifications, the City General Plan, and all
other relevant laws, rules and regulations governing street construction in the
City.
The development includes improvements to Newport Road and Evans Road
along the project frontage. Vehicular access to the project as shown on the
Plot Plan / Tentative Parcel Map will be provided via four driveways.
Driveway #1 is located along Newport Road at the western end of the project.
Driveway #2 is located along Newport Road between Parcel No 1 and Parcel
No 2. Driveway #3 is located along Newport Road at the eastern end of the
project. Driveway #4 is located along Evans Road at the southern end of the
project.
a) Newport Road — Newport Road shall be improved to a modified Urban
Arterial designation with an ultimate half width Right of Way of 65 feet, 55
Plot Plan No. PLN19-0045 and PLN19-0046 41 of 67
feet paved curb to centerline, a Class II bike lane, a 6 foot sidewalk
adjacent to curb and a 4 foot wide parkway. The improvements shall
include a raised median to restrict turns in and out of the development
and a half signal at Driveway #2. Relocation of electrical power lines
along Newport Road will be required. Prior to recordation of the Parcel
Map, the developer shall construct or guarantee the construction of the
public street improvements within Newport Road fronting the property to
the centerline plus an additional 12 feet past centerline, as approved by
the Public Works Director / City Engineer. Improvements shall be
adequately transitioned back to the existing pavement to the west as
shown on the approved plot plan and preliminary grading plan. The
design of the street improvements and transition shall be reviewed and
approved by the City Engineer. If needed, it shall be the sole
responsibility of the developer/property owner to obtain all proposed or
required easements and/or permissions necessary to perform offsite
grading, from affected landowners where necessary to construct the
street improvements. Notarized and recorded agreement or documents
authorizing the offsite grading shall be submitted to the Public Works /
Engineering Department.
b) Evans Road — Evans Road shall be improved to a modified Secondary
designation with an ultimate half width Right of Way of 44 feet, 32 feet
paved curb to centerline, a 6 foot sidewalk adjacent to curb and a 6 foot
wide parkway. Prior to recordation of the Parcel Map, the developer shall
construct or guarantee the construction of the public street improvements
within Evans Road fronting the property to the centerline plus an
additional 12 feet past centerline, as approved by the Public Works
Director / City Engineer. The design of the street improvements shall be
reviewed and approved by the City Engineer. If needed, it shall be the
sole responsibility of the developer/property owner to obtain all proposed
or required easements and/or permissions necessary to perform offsite
grading, from affected landowners where necessary to construct the
street improvements. Notarized and recorded agreement or documents
authorizing the offsite grading shall be submitted to the Public Works /
Engineering Department.
c) Reconstruction or Resurfacing of Newport Road and Evans Road —
The Public Works Director / City Engineer may consider reconstruction or
resurfacing of existing Newport Road and Evans Road paving fronting the
development to meet existing conditions with acceptable overlays,
provided the road is found to meet the minimum City standards for
pavement conditions at the time of project construction. If it is determined
during project construction that the existing road is found to be
substandard, then the Public Works Director / City Engineer will require
the developer / property owner to provide full reconstruction as provided
for in these conditions of approval. At the discretion of the City Engineer,
the developer may core the existing pavement during project design to
confirm the adequate section, and any findings shall be incorporated into
the project design. The Public Works Director / City Engineer shall have
the final approval for all road conditions.
Plot Plan No. PLN19-0045 and PLN19-0046 42 of 67
158. 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 Public Works Director / City Engineer.
159. Driveway Geometrics - Final driveway geometrics may be modified in final
engineering as approved by the Public Works Director / City Engineer.
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.
160. Acceptance of Public Roadway Dedication and Improvements —
Easements and right -of way for public roadways shall be granted to the City
through the Parcel Map, or other acceptable recordable instrument.
161. ADA Compliance — ADA path of travel shall be designed at the most
convenient accesses and the shortest distance to the buildings in accordance
with ADA design standards and to the satisfaction of the Public Works
Director / City Engineer and the City Building Official.
162. Paving or Paving Repairs — The applicant shall be responsible for obtaining
the paving inspections required by Ordinance 461. Paving and/or paving
repairs for utility street cuts shall be per City of Menifee Standards and
Specifications and as approved by the Public Works Director / City Engineer.
163. Concrete Work — All concrete work including curbs, gutters, sidewalks,
driveways, cross gutters, catch basins, manholes, vaults, etc. shall be
constructed to meet a 28-day minimum concrete strength of 3,250 psi.
164. Signing and Striping — A signing and striping plan for Newport Road and
Evans Road is required for this project. The applicant shall be responsible for
any additional paving and/or striping removal caused by the striping plan.
165. Traffic Signal Plan — The applicant shall be responsible for design of the half
signal at Newport Road and Driveway #2. The traffic signal plan shall be
approved by the Public Works Director / City Engineer.
166. Street Light Plan — Street lights requiring relocations, or any required new
street lights shall be designed in accordance with current City Standards for
LS-3 type streetlights. Street light construction plans shall be prepared as
separate plans or combined with the public street improvement plans as
approved by the Public Works Director / City Engineer.
167. Street Sweeping and Pavement Maintenance. The property owner shall file
for annexation or inclusion into the Citywide Community Facilities
Maintenance District, CFD for street sweeping services and street pavement
maintenance.
Prior to Issuance of Building Permit:
Plot Plan No. PLN19-0045 and PLN19-0046 43 of 67
168. 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.
169 Improvement Bonds — Prior to issuance of any construction permit for all
required onsite and offsite public improvements, and/or the recordation of the
Parcel Map, whichever occurs first, the developer/project owner shall post
acceptable bonds or security to guarantee the construction of all required
improvements. The bonds shall be in accordance with all applicable City
ordinances, resolutions and municipal codes (See also bond agreement
condition under General Condition).
170. Newport Road Dedication. The developer / property owner shall construct
or guarantee the construction of Newport Road to a modified Urban Arterial
designation with an ultimate half width Right of Way of 65 feet, and 55 feet
paved curb to centerline. The developer / property owner shall dedicate the
necessary Newport Road right of way fronting the development on the Parcel
Map. The Parcel Map boundary shall extend to the centerline of Newport
Road, unless the street was previously dedicated in fee title in which case the
map shall note the instrument number that dedicated the right of way.
171. Evans Road Dedication. The developer / property owner shall construct or
guarantee the construction of Evans Road to a modified Secondary
designation with an ultimate half width Right of Way of 44 feet, and 32 feet
paved curb to centerline. The developer / property owner shall dedicate the
necessary Evans Road right of way fronting the development on the Parcel
Map. The Parcel Map boundary shall extend to the centerline of Newport
Road, unless the street was previously dedicated in fee title in which case the
map shall note the instrument number that dedicated the right of way.
Prior to Issuance of Certificate of Occupancy:
172. Newport Road Improvements — Improvements on Newport Road fronting
the development shall be completed to a modified Urban Arterial designation
with and ultimate half width Right of Way of 65 feet and 55 feet paved curb to
centerline prior to issuance of Certificate of Occupancy. Improvements shall
be adequately transitioned from the east as shown on the approved plot plan
and preliminary grading plan. Relocation of electrical power lines along
Newport Road will be required. It shall be the sole responsibility of the
developer/property owner to obtain all proposed or required easements
and/or permissions necessary to perform offsite grading, from affected
landowners where necessary to construct the street improvements. Notarized
and recorded agreement or documents authorizing the offsite grading shall
be submitted to the Public Works / Engineering Department.
173. Evans Road Improvements — Improvements on Evans Road fronting the
completed shall be improved to a modified Secondary designation with and
ultimate half width Right of Way of 44 feet and 32 feet paved curb to
centerline with a 6 foot sidewalk adjacent to curb and a 6 foot wide parkway
prior to issuance of Certificate of Occupancy. It shall be the sole responsibility
of the developer/property owner to obtain all proposed or required easements
Plot Plan No. PLN19-0045 and PLN19-0046 44 of 67
and/or permissions necessary to perform offsite grading, from affected
landowners where necessary to construct the street improvements. Notarized
and recorded agreement or documents authorizing the offsite grading shall
be submitted to the Public Works / Engineering Department.
174. Driveways and Driveway Approaches — Driveways and Driveway
Approaches as shown on the approved plot plan/Tentative Parcel Map shall
be designed and constructed prior to issuance of Certificate of Occupancy.
The driveways shall be designed and constructed per City of Menifee No. 208
with the exception of the half signal at Driveway #2 on Newport Road which
should be designed as a standard intersection with curb returns.
E. TRAFFIC ENGINEERING
175. Traffic Impact Analysis Report — The development shall comply with all the
improvements and mitigation measures identified to be constructed or
provided in the traffic impact analysis approved by the Public Works /
Engineering Department. The traffic study was prepared by Linscott, Law &
Greenspan, Engineers, and dated April 28, 2021. All required improvements
and mitigations identified in the study shall be included in all improvement
plans for review and approval by the Public Works Department. Additional
improvements may be required to address public safety and welfare, as
determined by the Public Works Director / City Engineer.
Prior to Issuance of Construction Permit.,
176. Sight Distance Analysis — Sight distance analysis shall be conducted at all
project roadway entrances for conformance with City sight distance
standards. The analysis shall be reviewed and approved by the Public Works
Director / City Engineer, and shall be incorporated in the final the grading
plans, street improvement plans, and landscape improvement plans.
177. Signing and Striping Plan — Prior to issuance of a construction permit, any
necessary signing and striping plan for Newport Road and Evans Road shall
be approved by the City Traffic Engineer in accordance with City ordinances,
standards and specifications, and with the latest edition of the CAMUTCD.
178. Traffic Signal Plan — Prior to issuance of a construction permit, the traffic
signal plan for the half signal at Newport Road and Driveway #2 shall be
approved by the City Engineer in accordance with City standards and
specifications.
179. Driveway Geometrics — Final driveway geometrics may be modified in final
engineering as approved by the City Engineer / Public Works Director.
Driveways shall meet current standard radii on all existing and proposed
commercial drive approaches used as access to the proposed development.
The developer shall adhere to all City standards and regulations for access
and ADA guidelines.
180. Construction Traffic Control Plan — Prior to start of any project related
construction, the developer / property owner shall submit to the Public Works
Plot Plan No. PLN19-0045 and PLN19-0046 45 of 67
/ Engineering Department for review and approval, a Construction Traffic
Control Plan in compliance with all applicable City ordinances, standards and
specifications, and the latest edition of the CAMUTCD. This traffic control
plan shall address impacts from construction vehicular traffic, noise, and dust
and shall propose measures to mitigate these effects. The traffic control plan
shall include a Traffic Safety Plan for safe use of public roads right of way
during construction. The plan shall specify the following mitigation measures
to address the following:
a. Dust and dirt fallout from truck loads that 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.
Prior to Issuance of Certificate of Cccwanc�:
181. Construction of Roadway Improvements — The developer / property owner
shall construct improvements on Newport Road to a modified Urban Arterial
and Evans Road to a modified Secondary as shown on the Conditions of
Approval.
a. Newport Road Frontage Improvements — The developer / property
owner shall construct Newport Road to it's ultimate half section width as a
modified Urban Arterial between Evans Road and the western project
boundary. The required improvements shall include construction of one
(1) additional eastbound through lane, restriping of the eastbound bike
lane and appropriate transition approved by the Public Works Director /
City Engineer. The design shall be finalized during review of final
construction drawings.
b. Newport Road Raised Median — The developer / property owner shall
construct a full raised median on Newport Road from Evans Road to the
western property boundary with appropriate transition approved by the
Public Works Director / City Engineer. The design shall be finalized during
review of final construction drawings.
c. Evans Road Driveway #4 — The developer / property owner shall
construct the following improvements at the Evans Road driveway
intersection:
i. Northbound: two through lanes, one left turn lane
ii. Souhbound: one through lane, one shared through and right turn
lane
iii. Eastbound: one shared right turn and left turn lane
Plot Plan No. PLN19-0045 and PLN19-0046 46 of 67
d. Newport Road East Driveway #3 — The developer property owner shall
construct the following improvements at the eastern Newport Road
driveway intersection:
Eastbound: Two through lanes, one shared through and right turn
lane
Northbound: One right turn lane
e. Newport Road Driveway #2 — The developer / property owner shall
construct the following improvements at the center Newport Road
driveway intersection:
iii. Install a half signal
iv. Eastbound: Two through lanes, one shared through and right turn
lane
v. Westbound: Three through lanes, one left turn lane
vi. Northbound: One right turn lane
f. Newport Road West Driveway #1 — The developer / property owner
shall construct the following improvements at the western Newport Road
driveway intersection:
vii. Eastbound: Two through lanes, one shared through and right turn
lane
viii. Northbound: One right turn lane
182. Intersection Geometrics — The following street intersections shall be
improved with the following geometrics:
a. Newport Road and Evans Road Intersection Improvements
i. Northbound: One left turn lane, one through lane, one right turn
lane.
ii. Souhbound: One left turn lane, one shared through / right turn
lane.
iii. Eastbound: One left turn lane (200' existing pocket), two through
lanes, one right turn trap.
iv. Westbound: One left turn lane, two through lanes, one shared
through / right turn lane.
b. Newport Road: Full-ingress/right-turn out only half -signal at Driveway #2
between Parcels 1 and 2
i. Install a half signal
ii. Westbound: One left turn lane, three through lanes
iii. Eastbound: Two through lanes, one shared through and right turn
lane
iv. Northbound: One right turn only lane
183. Traffic Signal at the Intersection of Newport Road and Driveway #2 —
Prior to issuance of Certificate of Occupancy, the developer / property owner
shall construct a half traffic signal at Newport Road and Driveway #2. All new
traffic signals shall include traffic signal communication infrastructure,
network equipment, and Advanced Traffic Management System (ATMS)
Plot Plan No. PLN19-0045 and PLN19-0046 47 of 67
license software. Said traffic control devices shall be submitted with the traffic
signal design plans, and shall be approved by the City Engineer / Public
Works Director, prior to testing of a new traffic signal. Traffic signal poles
shall be placed at ultimate locations when appropriate. The half signal shall
have the following geometrics:
a. Westbound: one left turn lane, three through lanes
b. Eastbound: Two through lanes, one shared through and right turn lane
c. Northbound: One right turn only lane
184. Fair Share Cost Participation for Off -site Improvements — The developer /
property owner shall pay fair share costs for off -site improvements as detailed
below prior to issuance of a certificate of occupancy. The fair share cost
estimates shall be based on conceptual exhibits prepared by the developer,
reviewed and approved by the Public Works Director / City Engineer. The
conceptual exhibits shall show the proposed improvements overlain onto the
existing roadway in order to determine the cost of said improvement. These
fair shares are determined as follows:
a. Goetz Road at Railroad Canyon Road / Newport Road — The
developer / property owner shall contribute a fair share construction cost
of 5.5% toward the construction of a westbound right -turn overlap phase.
b. Haun Road at Newport Road — The developer / property owner shall
contribute a fair share construction cost of 3.7% toward the construction
of a fourth eastbound through lane and the eastbound right -turn overlap
phase.
c. Holland Road Overcrossing — The developer / property owner shall
contribute a fair share construction cost of 2.8% toward the construction
of the Holland Road Overcrossing.
F. NPDES and WQMP
185. Stormwater Management - All City of Menifee requirements for NPDES and
Water Quality Management Plans (WQMP) shall be met per City of Menifee
Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management
Program and as determined and 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.
186. 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.
Plot Plan No. PLN19-0045 and PLN19-0046 48 of 67
b) Constructed of reinforced masonry without wooden gates. Walls shall
be at least 6 feet high.
c) Provision of concrete slab floor, graded to collect any spill within the
enclosure.
d) All trash bins in the trash enclosure shall be leak proof with lids that
are continuously kept closed.
e) The enclosure area shall be protected from receiving direct rainfall or
run-on from collateral surfaces.
f) The trash enclosure shall be lockable and locked when not in use with
a 2-inch or larger brass resettable combination lock. Only employees
and staff authorized by the enclosure property owner shall be given
access.
Any standing liquids within the trash enclosures without floor drain must be
cleaned up and disposed of properly using a mop and a bucket or a wet/dry
vacuum machine. All non -hazardous liquids without solid trash may be put in
the sanitary sewer as an option, in accordance with Eastern Municipal Water
District (EMWD) criteria.
An alternate floor drain from the interior of the enclosure that discharges to
the sanitary sewer may be constructed only after obtaining approval from
EMWD. This option requires the following:
a) The trash enclosure shall be lockable and locked when not in use with
a 2-inch or larger brass resettable combination lock. Only employees
and staff authorized by the enclosure property owner shall be given
access. This requirement may not be applicable to commercial
complexes with multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of gasses
from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection
nearby with an approved backflow preventer. The spigot shall be
protected and located at the rear of the enclosure to prevent damage
from bins.
187. 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_im
plementation.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
Plot Plan No. PLN19-0045 and PLN19-0046 49 of 67
privately owned storm drain structures or otherwise located on the privately
owned property, whenever possible. Runoff from Priority Land Use areas
created or modified by the project, and which are proposed to be City owned,
shall be treated by full capture devices located within city -owned storm drains
or otherwise located within the public right of way.
Prior to Grading Permit Issuance:
188. Final Project -Specific Water Quality Management Plan (Final WQMP) —
The following report was reviewed and approved by the City:
a. Preliminary Project Specific Water Quality Management Plan, Newport
Pointe, DEV2019-053, prepared by Dost Engineering, dated March 24,
2021.
Prior to issuance of a grading permit, a FINAL project specific WQMP in
substantial conformance with the approved PRELIMINARY WQMP, shall
be reviewed and approved by the Public Works / Engineering
Department. The final developed project construction plans shall
implement all structural and non-structural BMPs specified in the
approved FINAL WQMP. One copy of the approved FINAL WQMP on a
CD-ROM in pdf format shall be submitted to the Public Works /
Engineering Department. The FINAL WQMP submittal shall include at the
minimum the following reports/studies:
(a) Hydrology/hydraulics report
(b) Soils Report that includes soil infiltration capacity
189. 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
Public Works / 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.
190. WQMP Maintenance Agreement — All water quality features or BMPs shall
be located within the property limits, and the maintenance shall be the full
responsibility of the developer / project owner. Prior to, or concurrent with the
approval of the FINAL WQMP, the developer / property owner shall record
Covenants, Conditions and Restrictions (CC&R's) that addresses the
implementation and maintenance of proposed WQMP BMPs, or enter into an
acceptable maintenance agreement with the City to inform future property
owners of the requirement to perpetually implement the approved FINAL
WQMP.
Prior to Issuance of Certificate of Occupancy:
191. WQMP/BMP Education — Prior to issuance of Certificate of Occupancy, the
developer / project owner shall provide the City proof of notification to future
occupants of all BMP's and educational and training requirements for said
BMP's as directed in the approved WQMP. Proof of notification shall be
Plot Plan No. PLN19-0045 and PLN19-0046 50 of 67
provided to the Public Works / Engineering Department in forms determined
acceptable by the Public Works Director / City Engineer. Public Education
Program materials may be obtained from the Riverside County Flood Control
and Water Conservation District's NPDES Section through their website at
www.rcwatershed.or . The developer must provide to the Public Works /
Engineering Department a notarized affidavit, or other notification forms
acceptable to the Public Works Director / City Engineer, stating that the
distribution of educational materials to future homebuyers has been
completed prior to issuance of occupancy permits.
A copy of the notarized affidavit must be placed in the final WQMP report.
The Public Works / Engineering Department MUST also receive the original
notarized affidavit with the plan check submittal in order to clear the
appropriate condition. Placing a copy of the affidavit without submitting the
original will not guarantee clearance of the condition.
192. Implement WQMP - All structural BMPs described in the project -specific
WQMP shall be constructed and installed in conformance with approved
plans and specifications. It shall be demonstrated that the applicant is
prepared to implement all BMPs described in the approved project specific
WQMP and that copies of the approved project -specific WQMP are available
for the future owners/occupants. The City will not release occupancy permits
for any portion of the project until all proposed BMPs described in the
approved project specific WQMPs, to which the portion of the project is
tributary to, are completed and operational.
193. Inspection of BMP Installation — Prior to issuance of Certificate of
Occupancy, all structural BMPs included in the approved FINAL WQMP shall
be inspected for completion of installation in accordance with approved plans
and specifications, and the FINAL WQMP. The Public Works Stormwater
Inspection team shall verify that all proposed structural BMPs are in working
conditions, and that a hard copy and / or digital copy of the approved FINAL
WQMP are available at the site for use and reference by future
owners/occupants. The inspection shall ensure that the FINAL WQMP at the
site includes the BMP Operation and Maintenance Plan, and shall include
the site in a City maintained database for future periodic inspection.
G. WATER, SEWER, AND RECYCLED WATER
194. Meet Minimum Standards — All public water, sewer and recycled water
improvements shall be designed per the City adopted Riverside County
Ordinances 460, 461 and 787; Eastern Municipal Water Districts (EMWD)
standards and specifications, including required auxiliaries and
appurtenances. The final design, including pipe sizes and alignments, shall
be subject to the approval of EMWD and the City of Menifee.
195. Utility Improvement Plans — Public Water, Sewer and Recycled Water
improvements shall be drawn on City title block for review and approval by
the Public Works / Engineering Department and EMWD.
Plot Plan No. PLN19-0045 and PLN19-0046 51 of 67
196 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 Parcel Map recordation and approval
of improvement plans.
197. Sewer Lines — Any new public sewer line alignments or realignments shall
be designed such that the manholes are aligned with the center of lanes or
on the lane line and in accordance with Riverside County Ordinances
460/461 and Eastern Municipal Water District standards.
198. Water Mains and Hydrants - All water mains and fire hydrants providing
required fire flows shall be constructed in accordance with the Riverside
County Ordinance Numbers 460 and 787, and subject to the approval of the
Eastern Municipal Water District and the Riverside County Fire Department.
H. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD)
199. Landscape Improvement Plans for CFD Maintenance — Landscape
improvements within public ROW and/or areas dedicated to the City for the
citywide CFD to maintain shall be prepared on a separate City CFD plan for
review and approval by the Public Works / Engineering Department.
200. 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 Public Works / Engineering
Department prior to issuance of a construction permit.
201. Landscaping on Newport Road and Evans Road — The parkway areas
behind the sidewalk within the public right-of-way fronting the entire property
along Newport Road and Evans Road shall be landscaped and irrigated per
City standards and guidelines. These areas shall be maintained by the CFD.
202. Maintenance of CFD Accepted Facilities — All landscaping and appurtenant
facilities to be maintained by the citywide CFD shall be built to City standards.
The developer shall be responsible for ensuring that landscaping areas to be
maintained by the CFD have its own controller and meter system, separate
from any private controller/meter system.
I. WASTE MANAGEMENT
203. 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.
Plot Plan No. PLN19-0045 and PLN19-0046 52 of 67
b. Subscribe to a recycling service with their waste hauler.
c. Provide recycling service to their tenants (if commercial or multi -family
complex).
d. Demonstrate compliance with the requirements of California Code of
Regulations Title 14.
For more information please visit:
www.rivcowm.ofg/o_pencros/recyclying/recycling and_compgst business.html##mand
at r
204. 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:
a. Source separate organic material from all other recyclables and donate or
self -haul to a permitted organic waste processing facility.
b. Enter into a contract or work agreement with gardening or landscaping
service provider or refuse hauler to ensure the waste generated from
those services meet the requirements of AB 1826.
c. Consider xeriscaping and using drought tolerant/low maintenance
vegetation in all landscaped areas of the project.
As of January 1, 2019, the above
businesses that generate four (4) of
week and one (1) or more cubic
Additionally, as of January 1, 2019,
organics recycling, which will re,
accommodate three (3) trash bins.
requirement.
Prior to Building Permit Issuance:
requirements are now applicable to
more cubic yards of solid waste per
yards of organic waste per week.
a third trash bin is now required for
uire a larger trash enclosure to
This development is subject to this
205. 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/fagade, construction materials and signage. The plot plan
shall clearly indicate how the trash and recycling enclosures shall be
accessed by the hauler.
The applicant shall provide documentation to the Community Development
Department to verify that Engineering and Public Works has approved the
plan prior to issuance of a building permit.
206. 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
Plot Plan No. PLN19-0045 and PLN19-0046 53 of 67
Menifee Engineering/Public Works Department for 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 Public Works Director / City Engineer. At 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
amounts of materials, the facilities and/or haulers that will be utilized, and the
targeted recycling or reduction rate. During project construction, the project
site shall have, at a minimum, two (2) bins; one for waste disposal and the
other for recycling of Construction and Demolition (C&D) materials. Additional
bins are encouraged to be used to 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 Occu anc
207. 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.
J. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
208. Fees and Deposits — Prior to approval of grading plans, improvement plans,
issuance of building permits, map recordation, and/or issuance of certificate
of occupancy, the developer / property owner shall pay all fees, deposits as
applicable. These shall include the regional Transportation Uniform Mitigation
Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development
Impact Fees (DIF), Road and Bridge Benefit District (RBBD) Fee, and any
applicable regional fees. Said fees and deposits shall be collected at the rate
in effect at the time of collection as specified in current City resolutions and
ordinances.
209. Road Bridge Benefit District (RBBD) — This project is within the Menifee
Valley Zone C Road Bridge and Benefit District (RBBD). The applicant shall
pay the RBBD fees based on the designated land use and areas, prior to
issuance of a building permit. Should the project proponent choose to defer
the time of payment, a written request shall be submitted to the City, deferring
said payment from the time of issuance of a building permit to issuance of a
certificate of occupancy. Fees which are deferred shall be based upon the fee
schedule in effect at the time of issuance of the permit of each parcel.
Plot Plan No. PLN19-0045 and PLN19-0046 54 of 67
210. 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.
Plot Plan No. PLN19-0045 and PLN19-0046 55 of 67
Section IV:
Building and Safetv Department
Conditions of Approval
Plot Plan No. PLN19-0045 and PLN19-0046 56 of 67
General Requirements
211. Final Building & Safety Conditions. Final Building & Safety Conditions will be
addressed when building construction plans are submitted to Building &
Safety for review. These conditions will be based on occupancy, use, the
California Building Code (CBC), and related codes which are enforced at the
time of building plan submittal.
212. Compliance with Code. All Design components shall comply with applicable
provisions of the 2019 edition of the California Building, Plumbing and
Mechanical Codes; 2019 California Electrical Code; California Administrative
Code, 2019 California Energy Codes, 2019 California Green Building
Standards, California Title 24 Disabled Access Regulations, and City of
Menifee Municipal Code. If a code cycle changes prior to submission of any
plans or documents, the plans submitted shall be updated to the current State
of California, Title 24, Code of Regulations, City of Menifee Ordinance, or any
other state, federal, or city requirements.
213. ADA Access. Applicant shall provide details of all applicable disabled access
provisions and building setbacks on plans to include:
a. Disabled access from the public way to the main entrance of the building.
b. Van accessible parking located as close as possible to the main entrance
of the building.
c. Accessible path of travel from parking to the furthest point of
improvement.
d. Path of accessibility from parking to furthest point of improvement.
e. Accessible path of travel from public right of way to all public areas on
site, such as enclosures, clubhouses and picnic areas.
214. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at the
time of plan review, a complete exterior site lighting plan with a "photometric
study" showing compliance with County of Riverside Mount Palomar
Ordinance Number 655 for the regulation of light pollution. All streetlights and
other outdoor lighting shall be shown on electrical plans submitted to the
Building & Safety Department. Any outside lighting shall be hooded and
aimed not to shine directly upon adjoining property or public rights -of -way. All
exterior LED light fixtures shall be 3,000 kelvin and below.
215. Street Name Addressing. Applicant must obtain street name addressing for
all proposed buildings by requesting street name addressing and submitting a
site plan for commercial, residential/tract, or multi -family residential projects.
216. Obtain Approvals Prior to Construction. Applicant must obtain all building
plans and permit approvals prior to commencement of any construction work.
217. Obtaining Separate A rovals and Permits. Temporary construction/sales
trailers, temporary power poles/generators, trash enclosures, patio covers,
light standards, building and monument signage, and any block walls will
Plot Plan No. PLN19-0045 and PLN19-0046 57 of 67
require separate approvals and permits. Solid covers are required over new
and existing trash enclosures.
218. Demolition. (If applicable) Demolition permits require separate approvals and
permits. AQMD notification and approval may be required.
219. On -Site SanitaEy Sewer and Domestic Water Plan Approvals. On -site sanitary
sewer and domestic water plans will require separate approvals and permits
from Building and Safety. A total of 6 sets shall be submitted.
220. Hours of Construction. Signage shall be prominently posted at the entrance
of the project indicating the hours or construction, as allowed by the City of
Menifee Municipal Ordinance 8.01.010, for any site within one -quarter mile of
an occupied residence. The permitted hours of construction are Monday
through Saturday 6:30am to 7:OOpm. No work is permitted on Sundays and
nationally recognized holidays unless approval is obtained from the City
Building Official or City Engineer.
221. House Electrical Meter. Provide a house electrical meter to provide power for
the operation of exterior lighting, irrigation pedestals and fire alarm systems
for each building on the site. Developments with single user buildings shall
clearly show on the plans how the operation of exterior lighting and fire alarm
systems when a house meter is not specifically proposed.
222. Roof Drains. Drainage water collected from a roof, awning, canopy or
marquee, and condensate from mechanical equipment shall not flow over a
public walking surface.
223. Protection and penetration. Protection of joints and penetrations in fire
resistance -rated assemblies shall not be concealed from view until inspected
for all designed fire protection. Required fire seals/fire barriers in fire
assemblies at fire resistant penetrations shall be installed by individuals with
classification or certification covering the installation of these systems.
Provide certification for the installation of each area and certification of
compliance for Building Officials/Fire Marshal's approval.
At Plan Review Submittal
224. Submitting Plans and Calculations. Applicant must submit to the Building &
Safety Department, a building Permit application and one set each of
complete plans, supporting documents, and calculations for electronic
submittals for review including:
a. An electrical plan including load calculations and panel schedule,
plumbing schematic, and mechanical plan applicable to scope of work.
b. A precise grading plan to verify accessibility for persons with disabilities.
c. Truss calculations that have been stamped by the engineer of record of
the building and the truss manufacturer engineer. Maybe a deferred
submittal.
d. Eastern Municipal Water District (EMWD) First Release Required.
Plot Plan No. PLN19-0045 and PLN19-0046 58 of 67
Prior to Issuance of Grading Permits
225. On -site Domestic Water and Sanitary Sewer Plans. On -site domestic water
and sanitary sewer plans, submitted separately from the building plans, shall
be submitted to Building & Safety for review and approval.
226. Demolition Permits. (If applicable) A demolition permit shall be obtained if
there is an existing structure to be removed as part of the project. AQMD
shall be notified and a Permit/Release shall be submitted to Building and
Safety, Prior to Permit Issuance.
Prior to Issuance of Building Permits
227. Plans require Stamp of Registered Professional. Applicant shall provide
appropriate stamp of a registered professional with original signature on the
plans. Electronic Signature is acceptable. All associated Building Fees to be
paid.
228. Each Department is required to Approve, with a signature.
Prior to Start of Construction
229. Pre -Construction Meeting. A pre -construction meeting is required with the
building inspector prior to the start of the building construction.
Prior to Temporary Certificate of Occupancy
230. Temporary Certificate of Occupancy. Application and deposit to be submitted,
a minimum of 5 working days prior to effective date. Each department is
required to provide an Exhibit' clearly identifying those Conditions of Approval
that remain outstanding with a signature.
Prior to Certificate of Occupancy
231. Each department is required to Review and Approve with a Signature, once
ALL Conditions of Approval have been Met/Approved.
Prior to Final Inspection
232. Each department that has conditions shall have completed and approved
their final inspection prior to requesting the final inspection by the Building
and Safety Department.
Plot Plan No. PLN19-0045 and PLN19-0046 59 of 67
Section V:
Riverside County Fire Department
Conditions of Approval
Plot Plan No. PLN19-0045 and PLN19-0046 60 of 67
It is the responsibility of the recipient of these Fire Department conditions to forward then
to all interested parties. The permit number is required on all correspondence.
Additional information is available at our website: www.rvcfire.orq
Questions should be directed to the Riverside County Fire Department, Office of the Fire
Marshal at City of Menifee 29844 Haun Rd., Menifee, CA 92586. Phone (951)723-3767
With respect to the conditions of approval for the referenced project, the Fire Department
requires the following fire protection measures be provided in accordance with Riverside
County Ordinances and/or recognized fire protection standards:
233. FIRE DEPARTMENT ACCESS -Fire apparatus access roads shall have an
unobstructed width of not less than 24 feet and a vertical clearance of not
less than 13 feet 6 inches
234.
SURFACE LOAD AND CAPABILITIES- Fire apparatus access roads shall be
designed to support the impose loads of fire apparatus [75,000 pound live
load (gross vehicular weight) distributed over two axles] and shall be surfaced
so as to provide all-weather driving capabilities [rear wheel drive apparatus]
for the length and grade(s) of the fire apparatus access road.
235. HYDRANT LOCATION- Fire Hydrants shall be located within 400' of all
exterior portions of the structures, measured along required fire apparatus
access roads, and adjacent to public streets in the quantities and up to the
maximum distance as required by the California Fire Code and Riverside
County Fire Department.
236. HYDRANTS — Approved Super Hydrants, (6"x4"x 2 x 2 '/2) shall be located at
each street not more than 350 feet apart in any direction, with no portion of
any lot frontage more than 210 feet from any hydrant.
237. SPRINKLER SYSTEM - NFPA 13 Fire Sprinkler are required per California
Fire Code, California Building Code and Ordinance 460 as adopted by the
City of Menifee. (THE SPRINKLER SYSTEM SHALL BE UP GRADED AND
USED AS AM&M AS APPORVED FOR THE ACCESS ROAD TO THE
REAR OF BUILDING)
238. BLUE DOT REFLECTORS- Blue retro — reflective pavement markers shall be
mounted on private streets, public streets and driveways to indicate location
of fire hydrants. Prior to installation, placements of markers must be
approved by the Riverside County Fire Department.
239. FIRE FLOW- The water mains shall be capable of providing a min. fire flows
per CFC. Appendix B.
240. WATER PLANS- The applicant or developer shall furnish one copy of the
water system plans to the Fire Department for review. Plans shall be signed
by a registered civil engineer, containing a Fire Department approval
signature block, and shall conform to hydrant type, location, spacing and
minimum fire flow.
Plot Plan No. PLN19-0045 and PLN19-0046 61 of 67
241. CONSTRUCTION - Fire safety during construction shall comply with the
requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33)
242. REQUIRED ACCESS FOR FIRE FIGHTING DURING CONSTRUCTiON-
Approved vehicle access for fire fighting shall be provided to all construction
or demolition sites. Vehicle access shall be provided to within 100 feet of
temporary or permanent fire department connections. Vehicle access shall be
provided by either temporary or permanent roads, capable of supporting
vehicle loading under all weather conditions. Vehicle access shall be
maintained until permanent fire access roads are available.
243. WATER PRIOR TO CONSTRUCTION - The required water system, including
fire hydrants, shall be installed and accepted by the appropriate water agency
prior to any commencement of construction. (THIS DOES NOT SUFFICE
FOR TEMPORARY WATER SUPPLY)
244. ADDRESS — Commercial buildings shall display street numbers in a
prominent location on the street side and rear access locations. The
numerals shall be a minimum of twelve inches in height.
245. Final fire and life safety conditions will be addressed when the Office of the
Fire Marshal reviews building plans. These conditions will be based on
occupancy, use, California Building Code (CBC), California Fire Code (CFC),
and related codes, which are in effect at the time of building plan submittal.
These comments are preliminary; further review will occur upon receiving
building plans. Additional conditions may be necessary at that time.
Plot Plan No. PLN19-0045 and PLN19-0046 62 of 67
Section VI:
Riverside County Environmental
Health Conditions of Approval
Plot Plan No. PLN19-0045 and PLN19-0046 63 of 67
General Conditions
246. Riverside County Department of Environmental Health. The project shall
comply with the Riverside County Department of Environmental Health letter
dated December 29, 2020 (attached at end of Conditions of Approval
document).
Plot Plan No. PLN19-0045 and PLN19-0046 64 of 67
County of Riverside
' DEPARTMENT OF ENVIRONMENTAL HEALTH
P.O. BOX 7909 ■ RIVERSIDE, CA 92513-7909
KEITH JONES, DIRECTOR
December 29, 2020
City of Menifee
Planning Department
Attu: Tamara Harrison
29714 Haun Road
Menifee, CA 92586
SUBJECT: CITY OF IN ENIFEE — PLANNING APPLICATION DEV2019-053
Dear Ms. Harrison:
The project listed in the subject heading of this letter is proposing the development of a
commercial center at the soutbwest corner of Newport Road and Evans Road on an approximate
11 14-acre site. The project proposes 7 buildings totaling approximately 83.251 square feet and
408 parking stalls. More specifically, the breakdown of building square footage and use
information is as follows:
1. Building 1 (Grocery) — 18,041 square feet.
2. Building 2 (Car -wash) — 4,050 square feet.
3. Building 3 (Restaurant) — 800 square feet.
4. Building 4 (Restaurant) — 7,360 square feet.
5. Building 5 (Restaurant) — 3,010 square feet.
6. Building 6 (Daycare) — 9,990 square feet.
7. Building 7 (Gym -Fitness) — 40,000 square feet.
In accordance with the agreement between the County of Riverside, Department of
Environmental Health (DEH) and the City of Menifee. DEH offers the following comments to
complete the review of an official project:
POTABLE WATER SERVICE 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.
Office Locations 0 Blythe 0 Corona • Hemet ■ Indio • Murrieta • Palm Springs • Riverside
Phone (888)722-4234
www.rivcoeh.org
Plot Plan No. PLN19-0045 and PLN19-0046 65 of 67
Please note that it is the responsibility of the developer to ensure that all requirements to obtain
potable water service and sanitary sewer service are met with the appropriate purveyors, as well
as, all other applicable agencies.
REMOV A AMANDON-VENT OF ANY EXISTING OMITS A.ND 11ELM:
Any existing wells anti -or existing otrsite waste\vater trenttnent Systems (UNITS) sliall be
properly removed andior abandoned under permit with DEH.
ENI1RONNIENT_AL CLEANi P PROGR IIS t EC'PI
As part of the services offered to Contract Cities, the Department of Environmental Health
Environmental Cleanup Programs (ECT) conducts etnirotunental revien s 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 detennine if there are potential sources of
environnicntnI and, or human exposures associ-nted with the project, identity the significance of
potential adverse effects from the contaminants, and evaluate the adequacy of mitigation
measures For Minimizing exposures and potential adverse effects &orn existitte com1ininnIion
and or hazardous substance handling.
If the City of Menifee is requesting the service of ECP to review, a Phase I Environmental Site
Assessment (ESA) study shall be submitted to the DEH Environmental Cleanup Program ror
review and acceptance_ For further information. please contact the EC-P at (951) 955-8980.
ILAZURDOUS -NWTCHIALS NUVNAGE ENT BRANCH (IBBIB)
A proposal of any facility that will use or store hazardous materinls, shall couitact the HMMB for
review of their project. If further review of the site indicates additional environmental health
issues, HMMB reserves the right to regulate the business in accordance with applicable County
Ordioanrer. Please contact HMMB at (951) 35R_5055 to oinnin infornation regarding any
ndditional requirements,
Construction plans must be reviewed and approved by the HMIVIB prior to the installation of the
underground storage tank (UST) system. Contact the HMMB) at (951)358-5055 for application
and requirements.
DISTRICT ENN-WN—N ENTAL SERZTCES (DESi
For any food facility), prier to issuance of Building and Safety pennit, the food facility plans will
be reviewed by DES to en sure compliance with applicable California Health and Safety
CodelCaIifornia Retail Food.Code. An ;annual operating pennit for the form facility twill be
required. Please contact (951)766-2884 for application mid requirements.
Should van have ativ further questions or require further assistance, please contact me by entail
at l �akinuiiri►rev.org or by phone at (951) 955-8980. Please note that official project submittal
and review of this Department is subject to additional review fees.
Sincerely,
Kristine Kim. R -HS
Environmental Protection and Oversight Division
Plot Plan No. PLN19-0045 and PLN19-0046 66 of 67
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)
Plot Plan No. PLN19-0045 and PLN19-0046 67 of 67
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. PC21- 540 as duly adopted by the
Planning Commission of the City of Menifee at a meeting thereof held on the 14th day of July
2021 by the following vote:
Ayes:
LaDue, Thomas, White, Madrid, Diederich
Noes:
None
Absent:
None
Abstain:
None
Q�"- P""
Stephanie Roseen, CMC
Deputy City Clerk