PC21-551RESOLUTION NO. PC21-551
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO. 20-0167 FOR
THE CONSTRUCTION AND OPERATION OF A MIXED -USE
COMMERCIAL AND MULTIPLE -FAMILY RESIDENTIAL PROJECT
LOCATED ON THE NORTHEAST CORNER OF BEREA ROAD AND
NORMANDY ROAD
WHEREAS, on July 1, 2020, the applicant, Boulders Menifee, LLC, filed a formal
application with the City of Menifee for the approval of Plot Plan No. PLN 20-0167 for
development of a mixed -use commercial and multiple family residential project
consisting of a three-story office building with an area of 21,310 square feet, an 8,250
square -foot day care building with outdoor play area and 234-unit apartment complex
consisting of nine (9) three-story apartment buildings and one (1) 3,455 square foot
clubhouse on 10.14 gross acres located at northeast corner of Normandy Road and
Berea Road.
WHEREAS, on July 1, 2020, the applicant, Boulders Menifee, LLC, filed a formal
application with the City of Menifee for the approval of Conditional Use Permit No. PLN
20-0165 to allow for the multi -family apartment complex and the day care center
proposed under Plot Plan No. PLN20-167.
WHEREAS, on November 10, 2021, the Planning Commission held a duly
noticed public hearing on the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for Plot Plan No. PLN 20-
0167, which hearing was publicly noticed by a publication in the newspaper of general
circulation, an agenda posting, and notice to property owners within 300 feet of the
Project boundaries, and to persons requesting public notice; and,
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Menifee makes the following Findings:
Section 1: Consistency with the General Plan. The proposed design and location of
the Plot Plan is consistent with the adopted General Plan and any
applicable specific plan:
Consistencv with General Plan
The project site is designated Economic Development Corridor — Newport
Road (EDC-NR) Subarea according to the City of Menifee General Plan.
The intent of this designation is to create a dynamic east -west corridor by
adding neighborhood -oriented commercial uses to support residential
development and grow the City's tax base. Within the EDC-NR subarea
zone, business park, office, and residential uses are envisioned to
provide a buffer and a logical transition to the adjacent single-family
residential neighborhoods to the north.
Within the EDC-NR subarea zone, professional and medical offices are a
permitted use. However, the proposed day care center and the multi-
family dwellings require the approval of this Conditional Use Permit.
The provision of the day care center is important because it provides this
services in close proximity to residences and the multi -family dwellings is
Plot Plan No. PLN20-0167
November 10, 2021
important because it offers a wider range of dwelling options to the area
and acts as a transition between Spirit Park and the residential uses to
the north.
The Project, which includes the proposed day care center and multi-
family dwellings, in addition to the proposed office uses, is consistent with
the EDC-NR land use designation, because the project will provide offices
and residential uses and neighborhood -oriented commercial uses that
support the adjacent residential development to the north and south as
envisioned in the General Plan.
The Project provides services designated to serving patrons within the
vicinity of the Project site as well as those from surrounding communities.
Newport Road is a major commercial corridors within the City with
Interstate 215 located in relatively close proximity to the east.
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 have been provided to visually screen the
parking lot, drive aisles, and this drive thru from surrounding roadways
along both Berea Road and Normandy Road.
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 security cameras at the entrances
as well as within the property 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 and
brick and limestone veneers, metal awnings, architectural trim, wall
articulation, distinct roof elements, decorative light fixture, and tower
elements. In addition, the varied color palette creates a warm modern
aesthetic and ranges from grays and deep muted reds to bright reds
accents, which will complement the more modern architectural
elements of the project.
Plot Plan No. PLN20-0167
November 10, 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, recesses,
material changes, varied roof lines, 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 sidewalks on Berea Road, which are currently
absent. Sidewalks on Normandy Road are already existing. The
project will also provide parkway, street trees, and street lighting on its
adjacent roadways and will accommodate a Class III bike route on
Berea Road.
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 down -shielded building
mounted lighting, as well as decorative down -shielded free-standing
lighting.
• 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 down -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.
Plot Plan No. PLN20-0167
November 10, 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 goods and services along a
major east/west and north -south commercial corridor (Newport Road
and Bradley Road, respectively).
The Project and the properties situated to the east and west of the project
site share the same General Plan designation (i.e., EDC-NR). Properties
to the north are designated 2.1-5 Dwelling Unit per Acre — Residential
(2.1-5R). Properties to the south are within the Audie Murphy Specific
Plan and are designated for park uses.
The Project is compatible with the surrounding uses and augments and
supports the land uses in the vicinity of the Project.
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. The Project is located within the
boundaries of the Western Riverside County Multiple Species Habitat
Conservation Plan; however, the Project is not located with a Criteria Cell
or Cell Group. The Project will be subject to the payment of fees for a
commercial project consistent with City of Menifee Municipal Code
Chapter 8.27 and Ordinance 663 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.
Minor Exception
Approval of the Minor Exception would allow for a reduction in the number
of required parking stalls by 14 spaces. Reduction of 14 spaces would be
compatible with the existing and proposed land uses in the surrounding
area. The 14 spaces would not be incompatible due to the mixed -use
nature of the project and the potential for shared parking within the
project. The 14 spaces equate to approximately 3 percent reduction of
the overall project's required parking total.
The proposed design and location of the Plot Plan with inclusion of the
Minor Exception is consistent with the adopted General Plan and is
compatible with the existing and proposed land uses in the surrounding
area.
Plot Plan No. PLN20-0167
November 10, 2021
Section 2: Consistency with the Zoning Code. The proposed design and location of
the Plot Plan meet all applicable standards of development and operation
of the City's Zoning Code, including any applicable
specific use regulations.
The Project site is zoned Economic Development Corridor — Newport
Road (EDC-NR). Surrounding zoning classifications include EDC-NR to
the east and west. Properties zoned Low Density Residential-2 (LDR-2)
(7,200 sq. ft.) are located to the north. Properties to the south are within
the Audie Murphy Specific Plan. These zoning classifications are all
compatible with the zoning for the Project site.
The proposed project requires the processing of a plot plan, as well as a
conditional use permit to allow for the day care center and multi -family
dwellings. All other uses proposed within the project (e.g., professional
offices) are permitted uses.
As stated in the City's Development Code (Section 9.140.020), the EDC-
NR zone is intended to provide neighborhood -oriented commercial uses
that support the adjacent residential development to the north and south.
Business park, office, or residential uses are envisioned along Bradley
Road, to provide a buffer for the commercial corridor and a logical
transition to the adjacent single-family residential neighborhoods to the
north.
The project proposes a neighborhood -oriented day care center, which
would support the adjacent residential developments, professional offices
and multi -family dwellings. The multi -family dwelling in the northerly
portion of the project would in fact act as a transition to the adjacent
single-family residential neighborhoods to the north.
The project was reviewed against the City's Development Code. The
design of the Project is consistent with the development standard of the
Development Code. Therefore, the proposed design and location of the
Plot Plan meets all applicable standards of development and operation of
the City's Zoning Code, including any applicable specific use regulations.
Section 3: Surrounding Uses. That the proposed site is adequate in size and shape
to accommodate the Plot Plan in a manner that is compatible with existing
and planned uses in the vicinity and that the proposed design and
location of the Plot Plan will not be detrimental to the public health, safety
or welfare, or materially injurious to uses, properties or improvements in
the vicinity.
The Project site is located at the northeast corner of Berea Road and
Normandy Road. Uses surrounding the project site include a mini -
storage facility (Champion RV and Boat Storage) to the west, vacant land
to the east, existing single-family residential homes to the north (beyond
the existing flood control channel), and Spirit Park to the south.
Plot Plan No. PLN20-0167
November 10, 2021
The Project is compatible with the surrounding land uses, General Plan
land use designations, and zoning classifications and is adequately sized,
shaped, designed and located to accommodate the proposed uses. As
noted above in Sections 1 and 2, the Project includes uses that are
compatible and serve surroundings residents and businesses.
The Project will provide a day care center, offices, and multi -family
dwellings along the Newport Road corridor. The Project incorporates
quality architecture and landscaping which will enhance the area.
The Project has been reviewed by a variety of Departments to ensure
compliance with applicable regulations, including, but not limited to City of
Menifee Building and Safety, Engineering and Public Works, Riverside
County Fire, and Riverside County Environmental Health. These
Departments have also provided conditions of approval as appropriate to
ensure compliance with applicable regulations.
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 and
impacts related to biological resources, cultural resources, geology and
soils and tribal cultural resources would be 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.
Minor Exception
The applicant is requesting approval of a Minor Exception in the amount
of 14 spaces or 3 percent of the overall project's required parking total.
Due to the relatively small percentage of the overall parking requirement
and the mixed -use nature of the project, which will inherently have offset
peak parking demand hours, the Minor Exception is not anticipated to
affect the interests of the public or the interests of residents and property
owners in the vicinity of the project.
Section 4: Any exceptions to or deviations from the requirements or development
standards result in the creation of appropriate and
necessary project design solutions that would not be available through
adherence to otherwise required provision of this Title provisions.
Minor Exception
Chapter 9.70.020 of the City's Development Code allows for a reduction
in off-street parking requirements (excluding stall and aisle dimensions) to
a maximum of 10 percent with approval of a Minor Exception. In this
case, 10 percent equates to 43 spaces. The applicant is requesting
approval of a Minor Exception in the amount of 14 spaces or 3 percent of
the overall project's required parking total. This exception to the
otherwise required number of parking stalls constitutes an appropriate
and necessary project design solution.
Plot Plan No. PLN20-0167
November 10, 2021
The 14 spaces equate to approximately 3 percent of the overall project's
required parking total. The project is a mixed -use development and
therefore there would be a portion of the parking demand that would be
shared across the three different uses (i.e., day care center, professional
offices, and multi -family residences) and there would be varying peak
parking demand hours across the various uses.
Section 5: 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 PC 21-510_. 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.
A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and
identifies all mitigation measures that will be required for the project.
BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee
makes the following findings:
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. PLN 20-0167 subject to the
Conditions of Approval set forth in Exhibit 1" of this Resolution.
PASSED, APPROVED AND ADOPTED this the 10th day of November, 2021
Benjami iederich, Chairman
Attest:
Ate!�MeRos�een, Deputy City Clerk
Approv d as to form.
Th ban, Assistant City Attorney
EXHIBIT "1"
CONDITIONS OF APPROVAL
Planning Application No.: Plot Plan No. PLN 20-0167
Project Description: Plot Plan No. PLN 20-0167 proposes development of a
mixed -use commercial and multiple family residential
project consisting of a three-story office building with an
area of 21,310 (net) square feet, an 8,250 (net) square -foot
day care building with outdoor play area and 234-unit
apartment complex consisting of nine (9) three-story
apartment buildings and one (1) 3,455 (net) square foot
clubhouse on 10.14 gross acres.
The project site is located at the northeast corner of
Normandy Road and Berea Road. (APN:339-200-080).
One (1) additional concurrent application is being processed
concurrently with Conditional Use Permit No. PLN 20-0165.
• Conditional Use Permit No. PLN 20-0165 would
allow for the multi -family apartment complex and the
day care center proposed under Plot Plan No.
PLN20-167.
Assessor's Parcel No.: 339-200-080
MSHCP Category: Residential (greater than 14 du/ac), Commercial
DIF Category: Multi -Family Residential, Commercial/Service/Office
TUMF Category: Multi -Family Residential, Service Commercial
Quimby Category: Multi -family residential for attached dwelling units. Quimby
fees are not required for commercial developments
Approval Date: November 10, 2021
Expiration Date: November 10, 2024
Page 1 of 69
Within 48 Hours of the Approval of This Project
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
Seventy -Five Cents ($2,530.25) which includes the Two Thousand Four Hundred
and Eighty Dollars and Seventy -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.
2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless
the City of Menifee and its elected city council, appointed boards, commissions,
committees, officials, employees, volunteers, contractors, consultants, and agents
from and against any and all claims, liabilities, losses, fines, penalties, and
expenses, including without limitation litigation expenses and attorney's fees,
arising out of either the City's approval of the Project or actions related to the
Property or the acts, omissions, or 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.
Page 2 of 69
Section I: Conditions applicable to All Departments
Section II: Community Development Conditions of
Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Building and Safety Department Conditions
of Approval
Section V: Riverside County Fire Department
Conditions of Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
Page 3 of 69
Section I:
Conditions Applicable to all
Departments
Page 4 of 69
General Conditions
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. PLN 20-0167 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. PLN 20-0167, dated
September 29, 2021.
APPROVED EXHIBIT G = Conceptual Grading Plan for Plot Plan No. PLN
20-0167, dated September 29, 2021.
APPROVED EXHIBIT B = Elevations, Roof Plan, and Floor Plans for Plot
Plan No. PLN 20-0167, dated September 29, 2021.
APPROVED EXHIBIT L = Conceptual Landscaping and Irrigation Plan for
Plot Plan No. PLN 20-0167, dated September 29, 2021.
APPROVED EXHIBIT M = Color and Materials Board for Plot Plan No. PLN
20-0167, dated September 29, 2021.
4. Ninety (90) Days. The permittee has ninety (90) days from the date of approval of
these conditions to protest, in accordance with the procedures set forth in
Government Code Section 66020, the imposition of any and all fees, dedications,
reservations and/or other exactions imposed on this project as a result of this
approval or conditional approval of this project.
5. 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.
Page 5 of 69
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.
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 Date. 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 a three-(3)-year period which is thereafter diligently pursued to completion
or to the actual occupancy of existing buildings or land under the terms of the
authorized use. Prior to the expiration of the three-(3)-year period, the permittee
may request up to a three-(3)-year extension of time in which to begin substantial
construction or use of this permit. Should the three-(3)-year extension be obtained
and no substantial construction or use of this permit be initiated within six (6) years
of the approval date this permit, shall become null and void.
10. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
Page 6 of 69
Section II:
Community Development
Conditions of Approval
Page 7 of 69
General Conditions
11. Comply with Ordinances. The development of these premises shall comply with
the standards of the City of Menifee Development Code and City of Menifee
Municipal Code and all other applicable ordinances and State and Federal codes
and regulations.
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(S) B and M.
14. Parking. Pursuant on the City of Menifee Development Code, parking for the
multi -family residential and, professional offices, and day care center is calculated
based on the parking ratios identified in the table below. The minimum number of
required parking spaces for the proposed project is 429 (with Minor Exception).
There are a total of 429 parking spaces required and 431 parking spaces are
provided, including twenty-one (21) parking spaces for persons with disabilities.
Use ❑welling Square Parking Other Parking Parking
Units Footage Ratio Criteria Required Provided
Multi -family 1 space/
residential 108 - dwelling 108
(1-bedroom unit) unit
_ 1 guest
Multi -family 1.5 space/ space/ 10
residential 106 dwelling dwelling units 159
(2-bedroom unit) unit (23) + 1
space /
Multi -family 2.5 space/ employee (5)
residential 20 dwelling 50
(3-bedroom unit) unit
1 space/ 5 431
children (24)
Day care center - - - + 0.5 spaces 33
per employee
�9)
3 spaces/
Professional offices - 21,310 1,000 sq. 64
ft.
Minor Exception
(MC Chapter -14
9.70.020)'
Page 8 of 69
Total
429
(w/Minor
Exception)
* Chapter 9.70.020 allows for a reduction in off-street parking requirements (excluding stall and aisle dimensions) to
a maximum of 10 percent with approval of a Minor Exception. In this case, 10 percent would equal 43 spaces. The
applicant is requesting a Minor Exception in the amount of 14 spaces or 3 percent of the total number of required
parking spaces.
A minimum of 431 parking spaces (in addition to the loading space) 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 seventeen (17) 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.
Bicycle Racks:
Bicycle racks or lockers with a minimum of twenty-three (23) 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. Signs. A sign program has not been approved with this application. As such, the
applicant shall submit a detailed sign program. All signage shall be developed in
accordance with the City of Menifee Municipal Code. The sign program shall be
approved prior to the issuance of the first building permit. The proposed signage
shall compliment the design of the proposed buildings. Furthermore, building
permits for all signage shall be reviewed and approved by the Community
Development Department to confirm conformance with the approved sign program
and Menifee Municipal Code Chapter 9.220.
17. 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.
Page 9 of 69
18. Reclaimed Water. The permittee shall connect to a reclaimed water supply for
landscape watering purposes when secondary or reclaimed water is made
available to the site as required by Eastern Municipal Water District.
19. Exterior Noise Levels. Facility -related noise, as projected to any portion of any
surrounding property containing a "sensitive receiver, habitable dwelling, hospital,
school, library or nursing home", must not exceed the following worst -case noise
levels 45 dB(A) - 10-minute noise equivalent level ("leq"), between the hours of
10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB (A) - 10-minute leq,
between 7:00 a.m. and 10:00 p. m. (daytime standard).
20. Phases. Construction of this project may be done progressively in phases
provided a phasing plan is submitted with appropriate fees to the Community
Development Department and approved prior to issuance of any Building Permits.
21. Land Division Required. Prior to the sale of any individual structure as shown on
APPROVED EXHIBIT A, a land division shall be recorded in accordance with City
of Menifee Title 7 (Subdivision Ordinance), and any other pertinent ordinance.
22. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No
storage lockers, sheds, metal container bins or metal shipping containers will be
allowed to be stored outside the building unless first reviewed and approved by the
Community Development Department.
23. 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.
24. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402
which prohibits a person from discharging any source quantities of air
contaminants or other material which cause injury, nuisance, or annoyance to any
considerable number of persons or to the public.
25. Completion of Conditions Prior to Operations. Pursuant to City of Menifee
Municipal Code, the proposed uses approved under Plot Plan No. PLN 20-0273
and Conditional Use Permit No. 20-0272 shall be not be established or operated
until all required conditions (e.g., road pavement, landscaping installation, building
Page 10 of 69
improvements, etc.) of this Plot Plan have been completed to the satisfaction of
the City.
ARCHEOLOGY
26. 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.
27. 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).
28. Inadvertent Archeological Find. If during ground disturbance activities, unique
cultural resources are discovered that were not assessed by the archaeological
report(s) and/or environmental assessment conducted prior to project approval,
the following procedures shall be followed. Unique cultural resources are defined,
for this condition only, as being multiple artifacts in close association with each
other, but may include fewer artifacts if the area of the find is determined to be of
significance due to its sacred or cultural importance as determined in consultation
with the Native American Tribe(s).
a. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
developer, the archaeologist, the tribal representative(s) and the
Community Development Director to discuss the significance of the find.
b. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
c. Grading of further ground disturbance shall not resume within the area of
the discovery until an agreement has been reached by all parties as to the
appropriate mitigation. Work shall be allowed to continue outside of the
buffer area and will be monitored by additional Tribal monitors if needed.
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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."
29. Cultural Resources Disposition. In the event that Native American cultural
resources are discovered during the course of ground disturbing activities
(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.
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
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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, items of
Native American Cultural Patrimony, burial goods and Native
American human remains. Results concerning finds of any
inadvertent discoveries shall be included in the Phase IV monitoring
report.
30. 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
31. Interim Landscaping. Graded but undeveloped land shall be maintained in a
condition so as to prevent a dust and/or blow sand nuisance and shall be either
planted with interim landscaping or provided with other wind and water erosion
control measures as approved by the Community Development Department and
the South Coast Air Quality Management District (SCAQMD).
32. Landscape Plans. All landscaping plans shall be prepared in accordance with the
City's Water Efficient Landscape Ordinance. Such plans shall be reviewed and
approved by the Community Development Department, and the appropriate
maintenance authority.
33. 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.
34. Maintenance of Parks and Landscaping. All landscaping and similar
improvements not properly maintained by a property owners association,
individual property owners, or the common area maintenance director must be
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annexed into a Lighting and Landscape District, or other mechanism as
determined by the City of Menifee.
FEES
35. Subsequent Submittals. Any subsequent submittals required by these
Conditions of Approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research fee),
or other such review fee as may be in effect at the time of submittal, as required
by Resolution No. 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 Grading Permit
36. 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.
37. 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.
38. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management District
(SCAQMD) Rule 403. The permittee shall include in construction contracts the
control measures required under Rule 403 at the time of development, including
the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius)
must be swept (preferably with water 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;
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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 dusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
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 no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate means
to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
r. All materials transported off -site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction
site that identifies the permitted construction hours and provides a
telephone number to call and receive information about the construction
project or to report complaints regarding excessive fugitive dust generation.
Any reasonable complaints shall be rectified within 24 hours of their receipt.
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39. 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).
c. 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).
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.
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.
PALEONTOLOGICAL
40. Paleontologist Required. This site is mapped as having a high potential for
paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO
ISSUANCE OF GRADING PERMITS:
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The permittee shall retain a qualified paleontologist approved by the City of
Menifee to create and implement a project -specific plan for monitoring site
grading/earthmoving activities (project paleontologist).
The project paleontologist retained shall review the approved development plan
and shall conduct any pre -construction work necessary to render appropriate
monitoring and mitigation requirements as appropriate. These requirements shall
be documented by the project paleontologist in a Paleontological Resource
Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the
Community Development Department for review and approval prior to issuance
of a Grading Permit.
Information to be contained in the PRIMP, at a minimum and in addition to other
industry standard and Society of Vertebrate Paleontology standards, are as
follows:
A. The project paleontologist shall participate in a pre -construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction, as
applicable.
B. Paleontological monitoring of earthmoving activities will be conducted on an
as -needed basis by the project paleontologist during all earthmoving activities
that may expose sensitive strata. Earthmoving activities in areas of the project
area where previously undisturbed strata will be buried but not otherwise
disturbed will not be monitored. The project paleontologist or his/her assign
will have the authority to reduce monitoring once he/she determines the
probability of encountering fossils has dropped below an acceptable level.
C. If the project paleontologist finds fossil remains, earthmoving activities will be
diverted temporarily around the fossil site until the remains have been
evaluated and recovered. Earthmoving will be allowed to proceed through the
site when the project paleontologist determines the fossils have been
recovered and/or the site mitigated to the extent necessary.
D. If fossil remains are encountered by earthmoving activities when the project
paleontologist is not onsite, these activities will be diverted around the fossil
site and the project paleontologist called to the site immediately to recover the
remains.
E. If fossil remains are encountered, fossiliferous rock will be recovered from the
fossil site and processed to allow for the recovery of smaller fossil remains.
Test samples may be recovered from other sampling sites in the rock unit if
appropriate.
F. Any recovered fossil remains will be prepared to the point of identification and
identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled with
museum* repository fossil specimen numbers and corresponding fossil site
numbers, as appropriate; places in specimen trays and, if necessary, vials
with completed specimen data cards) and catalogued, an associated
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specimen data and corresponding geologic and geographic site data will be
archived (specimen and site numbers and corresponding data entered into
appropriate museum repository catalogs and computerized data bases) at the
museum repository by a laboratory technician. The remains will then be
accessioned into the museum* repository fossil collection, where they will be
permanently stored, maintained, and, along with associated specimen and
site data, made available for future study by qualified scientific investigators.
*The City of Menifee must be consulted on the repository/museum to
receive the fossil material prior to being curated.
G. A qualified paleontologist shall prepare a report of findings made during all
site grading activity with an appended itemized list of fossil specimens
recovered during grading (if any). This report shall be submitted to the
Community Development Department for review and approval prior to building
final inspection as described elsewhere in these conditions.
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 Community Development Department along with a
copy of this condition, deposit -based fee and the grading plan for appropriate case
processing and tracking.
ARCHEOLOGY
41. 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
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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 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.
42. 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:
a. The project paleontologist shall participate in a pre -construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction, as
applicable.
b. Paleontological monitoring of earthmoving activities will be conducted on
an as -needed basis by the project paleontologist during all earthmoving
activities that may expose sensitive strata. Earthmoving activities in areas
of the project area where previously undisturbed strata will be buried but
not otherwise disturbed will not be monitored. The project paleontologist or
his/her assign will have the authority to reduce monitoring once he/she
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determines the probability of encountering fossils has dropped below an
acceptable level.
c. If the project paleontologist finds fossil remains, earthmoving activities will
be diverted temporarily around the fossil site until the remains have been
evaluated and recovered. Earthmoving will be allowed to proceed through
the site when the project paleontologist determines the fossils have been
recovered and/or the site mitigated to the extent necessary.
d. If fossil remains are encountered by earthmoving activities when the project
paleontologist is not on -site, these activities will be diverted around the
fossil site and the project paleontologist called to the site immediately to
recover the remains.
e. If fossil remains are 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.
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.
g. A qualified paleontologist shall prepare a report of findings made during all
site grading activity with an appended itemized list of fossil specimens
recovered during grading (if any). This report shall be submitted to the 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.
43. 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.
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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.
44. 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
45. Stephen's Kangaroo Rat (SKR) Fee. Stephen's Kangaroo Rat Fee. Prior to
the issuance of a grading permit, the applicant shall comply with the provisions of
Ordinance No. 663, which generally requires the payment of the appropriate fee
set forth in that ordinance. The amount of the fee required to be paid may vary
depending upon a variety of factors, including the type of development application
submitted and the applicability of any fee reduction or exemption provisions
contained in Ordinance No. 663. Said fee shall be calculated on the approved
development project which is anticipated to be 10.14 acres (gross) in accordance
with APPROVED EXHIBIT NO. A of PP PLN 20-0167. 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 mitigation fee ordinance,
payment of the appropriate fee set forth in that ordinance shall be required.
46. Fees. Prior to the issuance of grading permits for PP PN 20-0167, 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
47. 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.
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48. Submit Building Plans. Prior to the issuance of a building permit, the permittee
shall submit building plans with the City of Menifee Building and Safety Department
for building permits. The building plans shall be in substantial conformance with
APPROVED EXHIBIT A, B, C, G, L and M.
49. 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 and M.
If building plans are proposed that alter the elevations as shown on APPROVED
EXHIBIT B and M 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.
50. 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.
51. 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.
52. 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 C 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.
53. 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
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with the requirements of Menifee Municipal Code Chapter 6.01, the "Dark Sky
Ordinance", and the General Plan.
54. Electrical Cabinets. All electrical cabinets shall be located inside a room that is
architecturally integrated into the design of the building.
55. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
56. 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.
57. 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.
58. 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 the building containing the
management office for this development, or inside a security office or other place
acceptable to the City of 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
or as approved by the Sherriff's Department. The above camera surveillance
system shall include LPR (License Plate Recognition) cameras installed at the
entrances/exits to this project or as approved by the Police Department. 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.
In addition, the trash enclosure shall be properly secured and have a lock as well
as a covering to keep unauthorized persons from entering the dumpster area to
dig through the trash.
The Police Department and/or Community Development Department shall verify
that the security system has been installed prior to final occupancy.
LANDSCAPING
59. 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
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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.
60. 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 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.
Proiect Specific Landscape Requirements:
a. 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.
b. 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,
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Building and Safety Department and the State air quality management
authorities.
Interim shrub borders shall be planted around various undeveloped pads
of the project.
c. Crime Prevention through Environmental Design Guidelines. All
plants, landscaping and foliage shall fall within current CPTED (Crime
Prevention through Environmental Design) guidelines.
d. Enhanced Paving. The landscaping and irrigation plans shall show the
location and types of hardscape, including enhanced paving, throughout
the site consistent with APPROVED EXHIBIT A and EXHIBIT L. Currently,
it is unclear whether all crosswalks and store entryways are shown with
pavers; however, on the final landscape and irrigation plans all crosswalks
and store entryways shall be shown with enhanced paving, such as pavers,
thermoplastic paving, or similar design or material acceptable to the
Community Development Director.
e. Public Plazas. The landscaping plans shall provide the details on the
outdoor plazas and shall be consistent with Approved Exhibit A, G, L, and
M.
f. 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.
g. Tree Placement. Tree placement should avoid conflicts with parking lot
lighting.
h. Basins. Planting in basins or vegetated swales 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.
i. Double Detectors. Double detector check valve assemblies (backflow
preventers) for landscape irrigation and domestic water shall not be located
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.
61. 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.
FEES
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62. 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.
63. 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.
64. 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 subsequent
mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance
shall be required.
65. Quimby Fees. Payment of in -lieu fees. The proposed subdivision will fulfill
Quimby obligations through the payment of in -lieu fees. Prior to the issuance of a
building permit, the City Manager or his/her designee shall determine the amount
of Quimby Fees to be paid by the subdivider. Quimby fees shall be paid directly
to the city prior to the issuance of the first certificate of occupancy of any dwelling
unit in the subdivision.
66. Perris Union School District. Impacts to the Perris Union High School District
shall be mitigated in accordance with California State law.
67. Menifee Union School District. Impacts to the Menifee Union School District shall
be mitigated in accordance with California State law.
Prior to Final Inspection
68. 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
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Development Director may require inspection or other monitoring to ensure such
compliance.
69. 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.
70. 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.
71. 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.
72. Roof Mounted Equipment. Prior to final occupancy, Community Development
staff will verify that all roof -mounted equipment has been screened in compliance
with the approved plans.
73. Lighting. Exterior lighting shall be consistent with the approved building plans.
74. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater,
shall be installed underground. If the permittee provides to the Department of
Building and Safety and the Community Development Department a definitive
statement from the utility provider refusing to allow underground installation of the
utilities they provide, this condition shall be null and void with respect to that utility.
75. 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
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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.
76. Wall and Fence Locations. Wall and/or fence locations shall be in conformance
with the Approved Exhibit A and L or subsequent approved wall and fence plan.
77. Roll Up Garage Doors. All residences shall have automatic roll -up garage doors.
78. Entry Monuments. Prior to the first occupancy within the residential portion of the
project„ entry monuments shall be installed in accordance with an approved sign
program.
79. Hardscaping, Outdoor Furniture and Public Art. All hardscaping, including
enhanced paving, outdoor furniture and community art shall have been installed in
accordance with the approved landscaping, irrigation and shading plans or outdoor
plaza plans (whichever is applicable) prior to issuance of the first certificate of
occupancy.
80. Phasing. If the project has been phased, all facilities meant to serve the current
phase of development shall be installed in a usable condition. Project landscaping
may not all be deferred until the final phase.
81. 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.
82. Security Systems. Prior to the final occupancy, 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 final occupancy.
The Menifee Police Department, and/or Community Development Department
shall also verify that the security system has been installed prior to final occupancy.
83. Extended Truck Idling. Prior to final occupancy of commercial and industrial
buildings, the sign(s) stating that "EXTENDED IDLING TRUCK ENGINES IS NOT
PERMITED" shall be located at the entrance to all loading areas.
The sign(s) shall not be less than twenty four (24) inches square and will provide
directions to truck parking spaces with electrical hookups. The hookups will
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provide power for refrigerated trailers that need to be parked on -sight for more than
fifteen (15) minutes.
84. 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.
LANDSCAPING
The Community Development Director shall have the ability to modify or defer the
installation of the landscaping as noted below, but may require performance
securities and additional deposits to cover administrative costs. Under no
circumstance shall landscaping be deferred if 80% of the units has been issued
permits.
The installation of landscaping within open space area that will be maintained by
the Community Facilities District (CFD) can be modified or deferred by the
Engineering and Public Works Department.
85. 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?"
86. 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.
87. 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.
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88. 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
89. Quimby Fees. Quimby fees shall be paid directly to the City prior to the issuance
of the first certificate of occupancy of any dwelling unit in the subdivision. The
amount of Quimby fees paid shall be consistent with the amount determined by
the City Manager, or their designee, prior to issuance of a building permit.
90. 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.
Prior to Issuance of Given Building Permit or Occupano
CENTRAL AMENITIES and OPEN SPACE CONDITIONS
The Community Development Director shall have the ability to defer the installation of the
landscaping and central amenities as noted below, but may require performance securities
and additional deposits to cover administrative costs. Under no circumstance shall
landscaping be deferred if 80% of the units has been issued permits.
The installation of landscaping within open space area that will be maintained by the
Community Facilities District (CFD) can be modified or deferred by the Engineering and
Public Works Department. As some open space areas noted below may contain water
quality basins, the installation of landscaping and completion of those lots may be required
at an earlier time than what is noted in the conditions by the Engineering and Public Works
Department in order to mitigate water quality impacts of the development.
91. Design Plans for Clubhouse and Recreational Area. Prior to issuance of the
11t building permit within the multi -family portion of the project, the applicant or
applicant -in -successor shall submit and obtain approval of detailed (working
drawing) plans (minor plot plan submittal) from the Community Development
Department.
92. Installation of Clubhouse and Recreational Area. Prior to release of occupancy
of any building permit within the multi -family portion of the project, all landscaping,
irrigation, and structures shall be installed, inspections completed and passed,
performance securities posted and the clubhouse and recreational area shall be
open to the residents of the multi -family portion of the project.
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Section III:
Enginee rinq/Transportation/
Grading Conditions of Approval
Page 31 of 69
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
93. Subdivision Map Act - The developer / property owner shall comply with the State
of California Subdivision Map Act.
94. 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.
95. 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.
96. 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 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.
97. 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.
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98. 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 .dbf) or (c)
Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest
version shall only be accepted if approved by the Public Works Director / City
Engineer.
99. 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.
100. 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
.dbf) 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.
101. 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.
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(c) The construction site shall accommodate the parking of all motor vehicles
used by persons working at or providing deliveries to the site. Violation of
any condition or restriction or prohibition set forth in these conditions shall
subject the owner, applicant to remedies as set forth in the City Municipal
Code. 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.
102. 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.
103. Transfer of APN 358-090-049 — The proposed project site includes Lot 108 of
Parcel Map 31393 (APN 358-090-049), an open space lot on the north side of
Normandy Road. Lot 108 is owned by the Audie Murphy Ranch Community
Association. The lot shall be acquired by the project and maintained by the
property owner. Acquisition of the property shall occur prior to issuance of a
grading permit.
104. Access to the parcel east of the project site shall be provided through the
interior roadway along the northern side of the project. A removable railing or other
designs acceptable to the Public Works / Engineering Department shall be
installed to limit access until the parcel to the east is developed. Design of the
access shall be included on the project plans submitted to the City for review and
approval during Final Engineering.
B. GRADING AND DRAINAGE
105. 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.
106. 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 Chapter 8.26.
Additionally grading permits are subject to the Public Works Department conditions
of approval stated herein.
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107. 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.
108. 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.
109. 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.
110. 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.
111. Slope Setbacks — Observe slope setbacks from buildings and property lines
per the California Building Code and City ordinance on grading.
112. 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.
113. 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.
114. 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.
115. 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 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
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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.
116. Design Grade Criteria — Onsite parking areas shall be designed in
accordance with the current version of City of Menifee Standards and
Specifications. Non-compliance may require a redesign of the project. Significant
redesigns may require a revised Plot Plan.
117. 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.
118. Finish Grade — Shall be sloped to provide proper drainage away from all
exterior foundation walls in accordance with City of Menifee Standard Plan 300.
119. 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.
120. 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.
121. 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.
122. Licensed Geotech - A licensed geotechnical engineer shall perform final
determination of the foundation characteristics of soils within on -site development
areas, per the approved geotechnical report reviewed and approved by the City.
123. 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.
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124. 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.
125. 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.
126. 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.
127. 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 Dorval Court Lateral storm water channel along the northern side of the
project and shall not flow over the proposed parkway or within the driveway
approach. The channel is maintained by Riverside County Flood Control and
Water Conservation District. Prior to initiation of final construction drawings, the
developer / property owner shall contact the Riverside County Flood Control and
Water Conservation District to ascertain the terms and conditions of the design,
construction, inspection which may apply to the channel connection. Detention
basins and outlet sizing will ensure that storm events do not have a higher peak
discharge in the post -development condition than in the pre -development
condition. The developer shall apply for an encroachment permit from Riverside
County Flood Control and Water Conservation District prior to connection.
128. 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 and/or the Public
Works Director / City Engineer. The walls shall be designed by a registered civil
engineer and conform to City Standards.
129. Geotechnical Report — The following documentation was reviewed and
approved by the City:
a. Update to Preliminary Geotechnical Investigation & Assumption of
Responsibility, Proposed Multi -Family Residential Development, APN.
339-200-080, 9.92-Acres, NE Corner of Berea and Normandy Roads, City
of Menifee, Riverside County, California, Work Order No. 4722001.00UA,
prepared by South Shore Testing & Environmental, dated September 20,
2021.
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.
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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.
130. Drainage Study — The following final drainage report was reviewed and
approved by the City:
a. Drainage Report for Boulders Menifee Mixed Use Development, APN #
339-200-080-5, prepared by Kolibrien, dated October 22, 2020.
The project shall comply with all mitigation recommended by the approved
drainage study.
131. 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.
132. 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.
133. 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.
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134. 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.
135. 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.
136. 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 or the quantity being moved, 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.
137. Offsite Grading — Prior to the issuance of a grading permit, the
developer/property owner shall obtain all proposed or required easements and/or
permissions necessary to perform offsite grading, from affected landowners;
including any off -site grading on the parcel east of the project. Notarized and
recorded agreement or documents authorizing the offsite grading shall be
submitted to the Public Works / Engineering Department, prior to grading permit
issuance.
Prior to Building Permit Issuance:
138. 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.
139. No Building Permit Without Legal Lot — Prior to issuance of any building
permit, the developer / property owner shall ensure that the underlying parcels for
such buildings are complying with City Ordinances, Codes, and the Subdivision
Map Act.
140. 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.
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141. 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.
142. 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 Any Certificate of Occupancy
143. 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.
144. 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.
145. 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)
146. Common Area Maintenance — Any common areas identified in the Plot Plan
shall be owned and maintained as follows:
a. A permanent master maintenance organization shall be established for the
project 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)
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b. The maintenance organization shall be established prior to issuance of any
building permit.
147. 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)
148. CC&R Content, Submittal Process and Timing — Prior to issuance of any
building permit, the developer/property owner shall submit to the Public Works /
Engineering Department for review and approval CC&R documents consisting of
the following:
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,
iii. contain provisions approved by the Public Works / Engineering
Department, Community Development Department and the City
Attorney,
V. 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.
2. 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.
3. 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 issuance of any building permit.
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4. 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
149. 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 Normandy Road and Berea Road
along the project frontage. Vehicular access to the project as shown on the
Plot Plan will be provided via three driveways. Driveway #1 is located along
Berea Road just south of the existing flood control channel. Driveway #2 is
located along Berea Road north of Normandy Road and across from the
Driveway to the existing self -storage facility. Driveway #3 is located along
Normandy Road across from the driveway into Spirit Park.
a) Normandy Road — Normandy Road has previously been improved to an
Enhanced Local designation with an ultimate half width Right of Way of 33
feet, 22 feet paved curb to centerline, a 6 foot sidewalk adjacent to curb
and a 5 foot wide parkway. Prior to plan approval or as determined by the
Public Works Director / City Engineer, the developer shall guarantee the
construction of the public street improvements such that Normandy Road
fronting the property to the centerline plus an additional 12 feet past
centerline meets minimum City standards at the time of project construction
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.
b) Berea Road — Berea Road shall be improved to a modified Collector
designation with an ultimate half width Right of Way of 37 feet, 22 feet
paved curb to centerline, and with a 6-foot meandering sidewalk. Prior to
plan approval or as determined by the Public Works Director / City
Engineer, the developer shall guarantee the construction of the public
street improvements within Berea 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.
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c) Reconstruction or Resurfacing of Normandy Road and Berea Road —
The Public Works Director / City Engineer may consider reconstruction or
resurfacing of existing Normandy Road, Berea 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.
150. 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.
151. Driveways - 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.
152. Acceptance of Public Roadway Dedication and Improvements —
Easements and right -of way for public roadways shall be granted to the City
through an acceptable recordable instrument.
153. 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.
154. Paving or Paving Repairs — The applicant shall be responsible for obtaining
the paving inspections required by City of Menifee standards and ordinances.
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.
155. 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.
156. Signing and Striping — A signing and striping plan for Normandy Road and
Berea Road is required for this project. The applicant shall be responsible for any
additional paving and/or striping removal caused by the striping plan.
157. 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
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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.
158. 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:
159. 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.
160. Improvement Bonds — Prior to issuance of any construction permit for all
required onsite and offsite public improvements the developer/project owner shall
post acceptable bonds or security to guarantee the construction of all required
improvements. The bonds shall be in accordance with all applicable City
ordinances, resolutions and municipal codes (See also bond agreement condition
under General Condition).
161. Berea Road Dedication. The developer / property owner shall construct or
guarantee the construction of Berea Road to a modified Collector designation with
an ultimate half width Right of Way of 37 feet, and 22 feet paved curb to centerline.
The developer / property owner shall dedicate the necessary Berea Road right of
way fronting the development through and acceptable recordable instrument prior
to issuance of any building permit. A dedication of 22 feet is required along the
project frontage.
Prior to Issuance of Any Certificate of Occupancy:
162. Normandy Road Improvements— Improvements on Normandy Road fronting
the development shall be completed to an Enhance Local designation with an
ultimate half width Right of Way of 33 feet and 22 feet paved curb to centerline
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 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.
163. Berea Road Improvements — Improvements on Berea Road fronting the
development shall be completed to a modified Collector designation with an
ultimate half width Right of Way of 37 feet and 22 feet paved curb to centerline
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 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.
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164. Berea Road Improvement Extension —The improvements along Berea Road
shall extend north of the project frontage in front of the existing storm drain channel
and tie into the existing curb and gutter and sidewalk. The design for the
improvements shall be submitted on the street improvement plans for review and
approval by the City.
165. Driveways and Driveway Approaches — Driveways and Driveway
Approaches as shown on the approved Plot Plan 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.
E. TRAFFIC ENGINEERING
166. Traffic Study — The following report was reviewed and approved by the City:
Traffic Study, Boulders Mixed -Use Project, prepared by LSA Associates, Inc.,
dated July 2020.
The development shall comply with all the improvements and mitigation
measures identified to be constructed or provided in the traffic study approved
by the Public Works / Engineering Department. 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.
167. 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.
168. Signing and Striping Plan — Prior to issuance of a construction permit, any
necessary signing and striping plan for Normandy Road and Berea 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.
169. 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.
170. Construction Traffic Control Plan — Prior to start of any project related
construction, the developer / property owner shall submit to the Public Works /
Engineering Department for review and approval, a Construction Traffic Control
Plan in compliance with all applicable City ordinances, standards and
specifications, and the latest edition of the CAMUTCD. This traffic control plan shall
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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 Any Certificate of Occupancy-
171. Construction of Roadway Improvements — The developer / property owner
shall design and construct the following roadway improvements:
a. Berea Road Frontage Improvements - Construct Berea Road to its
ultimate half section width as a modified Collector designation along the
project frontage. Appropriate transitions shall be provided as approved by
the City Traffic Engineer. The design shall be finalized during review of final
construction drawings.
b. Normandy Road Frontage Improvements - Construct Normandy Road
to its ultimate half section as an Enhance local designation along the
project frontage. Appropriate transitions shall be provided as approved by
the City Traffic Engineer. The design shall be finalized during review of final
construction drawings.
c. Berea Road Driveway #1 — Construct the following improvements at the
northern Berea Road driveway intersection:
i. Northbound: one shared through / right turn lane
ii. Southbound: one shared through / left turn lane
iii. Westbound: one shared right turn lane and left turn lane
d. Berea Road Driveway #2 — Construct the following improvements at the
southern Berea Road driveway intersection:
j. Northbound: one shared through / right turn lane
ii. Southbound: one shared through / left turn lane
ii. Westbound: one shared right turn lane and left turn lane
e. Normandy Road Driveway #3 — Construct the following improvements at
the Normandy Road driveway intersection:
i. Eastbound: One shared through / left turn lane
ii. Westbound: One shared through / right turn lane
iii. Southbound: One shared left turn / right turn lane
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172. Intersection Geometrics — The following street intersections shall be
improved with the following geometrics:
a. Normandy Road and Berea Road Intersection Improvements
i. Southbound: Existing geometrics to be retained
ii. Northbound: Existing geometrics to be retained
iii. Westbound: Existing geometrics to be retained
iv. Eastbound: Existing geometrics to be retained
173. 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:
Newport Road at Bradley Road Traffic Signal Optimization — The
developer / property owner shall contribute a fair share construction cost of
7.5% toward the optimization of the traffic signal at Newport Road and
Bradley Road.
F. NPDES and WQMP
174. 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.
175. Trash Enclosures Standards and Specifications — Storm runoff resulting in
direct contact with trash enclosure, or wastewater runoff from trash enclosure are
prohibited from running off a site onto the City MS4 without proper treatment. Trash
enclosures in new developments and redevelopment projects shall meet new
storm water quality standards including:
a) Provision of a solid impermeable roof with a minimum clearance height to
allow the bin lid to completely open.
b) Constructed of reinforced masonry without wooden gates. Walls shall be
at least 6 feet high.
c) Provision of concrete slab floor, graded to collect any spill within the
enclosure.
d) All trash bins in the trash enclosure shall be leak proof with lids that are
continuously kept closed.
e) The enclosure area shall be protected from receiving direct rainfall or run-
on from collateral surfaces.
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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.
176. 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 issuesl ro rams/stormwater/trash im le
mentation.shtml), or otherwise approved by State or Regional Water Quality
Control Board staff. Storm water runoff from privately owned Priority Land Use
areas shall be treated by full capture devices located within privately owned storm
drain structures or otherwise located on the privately owned property, whenever
possible. Runoff from Priority Land Use areas created or modified by the project,
and which are proposed to be City owned, shall be treated by full capture devices
located within city -owned storm drains or otherwise located within the public right
of way. The existing catch basin on the east side of Berea Road, between the
northern project boundary and Dorval Court shall be retrofitted with a catch basin
insert device selected from the list of approved devices by the Santa Ana Regional
Water Quality Control Board.
Prior to Grading Permit issuance:
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177. 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, Boulders
Menifee Mixed Use Development, WQ20-0243, prepared by Kolibrien,
dated June 30, 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. Hydrologylhydraulics report
b. Soils Report that includes soil infiltration capacity
178. 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.
179. 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 A Certificate of Occupancy:
180. 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 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.ora. 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.
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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.
181. 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.
182. 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
183. 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.
184. 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.
185. 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 approval of improvement plans.
186. 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.
187. Water Mains and Hydrants - All water mains and fire hydrants providing
required fire flows shall be constructed in accordance with the Riverside County
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H
Ordinance Numbers 460 and 787, and subject to the approval of the Eastern
Municipal Water District and the Riverside County Fire Department.
CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD)
Prior to Building Permit Issuance:
188. Annexation to the Citywide Community Facilities District (CFD) —Prior to
issuance of any building permit, the developer / property owner shall complete the
annexation of the proposed development, into the boundaries of the City of
Menifee citywide Community Facilities Maintenance District (Services). The
citywide CFD shall be responsible for:
The maintenance of public improvements or facilities that benefit this
development, including but not limited to, public landscaping, streetlights,
traffic signals, streets, drainage facilities, water quality basins, graffiti
abatement, and other public improvements or facilities as approved by the
Public Works Director / City Engineer.
The developer / property owner shall be responsible for all costs associated
with the annexation of the proposed development in the citywide CFD.
189. CFD Annexation Agreement — In the event timing for this development's
schedule prevents the developer / property owner from complying with condition
of approval for CFD annexation, the developer shall enter into a CFD annexation
agreement to allow the annexation to complete prior to certificate of occupancy.
The developer shall be responsible for all costs associated with the preparation of
the CFD annexation agreement. The agreement shall be approved by the City
Council prior to issuance of a building permit.
190. 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.
191. 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.
192. Landscaping on Normandy Road and Berea Road — The parkway areas
behind the sidewalk within the public right-of-way fronting the entire property along
Normandy Road and Berea Road shall be landscaped and irrigated per City
standards and guidelines. These areas shall be maintained by the CFD.
193. 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
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maintained by the CFD have its own controller and meter system, separate from
any private controller/meter system.
I. WASTE MANAGEMENT
194. AB 341 - AB 341 focuses on increased commercial waste recycling as a
method to reduce greenhouse gas (GHG) emissions. The regulation requires
businesses and organizations that generate four or more cubic yards of waste per
week and multifamily units of 5 or more, to recycle. A business shall take at least
one of the following actions in order to reuse, recycle, compost, or otherwise divert
commercial solid waste from disposal:
a. Source separate recyclable and/or compostable material from solid waste
and donate or self -haul the material to recycling facilities.
b. Subscribe to a recycling service with their waste hauler.
c. Provide recycling service to their tenants (if commercial or multi -family
complex).
d. Demonstrate compliance with the requirements of California Code of
Regulations Title 14.
For more information please visit:
www.rivcowm.org/opencins/recyclyiiig/rec c�cLand compost business-html
#mandatory
195. 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 requirements are now applicable to
businesses that generate four (4) or more cubic yards of solid waste per week
and one (1) or more cubic yards of organic waste per week. Additionally, as of
January 1, 2019, a third trash bin is now required for organics recycling, which
will require a larger trash enclosure to accommodate three (3) trash bins. This
development is subject to this requirement.
Prior to Building Permit Issuance.,
196. 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
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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.
197. Waste Recycling Plan. Prior to the issuance of a building permit for each
building, a Waste Recycling Plan (WRP shall be submitted to the City of Menifee
Engineering/Public Works Department 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 Any Certificate of Occupancy
198. 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
199. 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.
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200. Road Bridge Benefit District (RBBD) — This project is within the Menifee
Valley Zone B 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.
201. TUMF Fees — Prior to the issuance of an occupancy permit, the developer /
property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in
accordance with the fee schedule in effect at the time of issuance, pursuant to
adopted City Ordinance governing the TUMF program.
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Section IV:
Building and Safety Department
Conditions of Approval
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General Requirements
202. 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.
203. 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.
204. 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.
205. 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.
206. 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.
207. Obtain Approvals Prior to Construction. Applicant must obtain all building plans
and permit approvals prior to commencement of any construction work.
208. Obtaining Separate Approvals and Permits. Trash Enclosures, patio covers,
light standards, and any block walls will require separate approvals and permits.
Solid covers are required over new and existing trash enclosures.
209. Demolition. (If applicable) Demolition permits require separate approvals and
permits. AQMD notification and approval may be required.
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210. Sanitary 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.
211. 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.
212. 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.
213. 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.
214. 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
215. Submitting Plans and Calculations. Applicant must submit to Building & Safety
seven (7) complete sets of plans and two (2) sets of supporting documents, two
(2) sets of calculations or, one set of each required document for electronic
submittals for review and approval 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.
Prior to Issuance of Grading Permits
216. Onsite Domestic Water and Sanitary Sewer Plans. Onsite domestic water and
sanitary sewer plans, submitted separately from the building plans, shall be
submitted to Building & Safety for review and approval.
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217. 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
218. 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.
219. Each Department is required to Approve, with a signature.
Prior to Start of Construction
220. 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
221. 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
222. Each department is required to Review and Approve with a Signature, once
ALL Conditions of Approval have been Met/Approved.
Prior to Final Inspection
223. 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.
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Section V:
Riverside Countv Fire Department
Conditions of Approval
Page 59 of 69
General Requirements
It is the responsibility of the recipient of these Fire Department conditions to forward then to
all interested parties. The permit number (PLN20-0167) is required on all correspondence.
Additional information is available at our website: www.rvcfire.org
Questions should be directed to the Riverside County Fire Department, 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:
224. BLUE DOT RFFELECTORS - Blue retro-reflective pavement markers shall be
mounted on private streets, public streets and driveways to indicate location of fire
hydrants. Prior to installation, placement of markers must be approved by the
Riverside County Fire Department.
225. HYDRANT SPACING - Fire protection approved standard fire hydrants, (6"x
4"x 2 '/2') locate one at each street intersection and space no more than 500 feet
apart in any direction, with no portion of any lot frontage more than 250 feet from
hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. Shall
include perimeter streets at each intersection and spaced 660 feet apart.
226. HYRANT FIRE FLOW- Fire Hydrant(s) shall be capable of delivering fire flow
as required by the California Fire Code and Riverside County Fire Department
standards.
227. FIRE HYDRANT - As required by the California Fire Code, when any portion
of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as
measured by an approved route around the exterior of the facility or building, on -
site fire hydrants and mains shall be provided where required by the fire code
official.
Prior to Issuance of Grading Permit(s)
228. Turning Radius - Minimum outside turning radius on any cul-de-sac shall be
37-feet for single family dwelling tracts and 45 feet for commercial and multi -family
dwelling tracts.
229. Cul-de-sac. -Maximum cul-de-sac shall not exceed 1,320 feet
230. All Weather Access Roads. Fire apparatus access roads and driveways
shall be designed and maintained to support the imposed loads of fire apparatus
and shall be with a surface to provide all-weather driving capabilities. Access
roads shall be 75,000 lbs. GVW with a minimum of AC thickness of .25 feet.
231. Access Road Widths. Fire Department vehicle access roads shall have a
clear unobstructed width of not less than 24 feet for commercial, multifamily and
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track home roads with an unobstructed vertical clearance of not less than 13 feet
6 inches. Nothing can impede this clear width for fire department access.
232. Gradient of Access Roads. The gradient for fire apparatus access roads shall
not exceed 15 percent.
233. Two Point Access. This development shall maintain two points of access, via
all-weather surface roads, as approved by the Fire Prevention Department.
234. Dead Ends. Dead end roadways and streets in excess of 150 feet which have
not been completed shall have a turnaround capable of accommodating fire
apparatus.
Prior to Map Recordation
235. DRIVEWAY REQUIREMENTS- ECS map must be stamped by the Riverside
County Surveyor with the following note: Access will not have an up, or downgrade
of more than15%. Access will not be less than 24 feet in width per the 2019 CFC
and will have a vertical clearance of 15'. Access will be designed to withstand the
weight of 75 thousand pounds over 2 axles. Access will have a turning radius of
38 feet capable of accommodating fire apparatus.
236. GATE ENTRANCES- ESC map must be stamped by the Riverside County
Surveyor with the following note: Gate entrances shall be at least two feet wider
than the width of the traffic lanes) serving that gate. Any gate providing access
from a road to a driveway shall be located at least 35 feet setback from the roadway
and shall open to allow a vehicle to stop without obstructing traffic on the road.
here a one-way road with a single traffic lane provides access to a gate entrance,
38 feet turning radius shall be used.
237. FIRE EMERGENCY GATE- Gates serving as Fire Truck Access and second
means of egress and ingress shall have gates free swinging gate access. Gates
shall be operable from both directions.
238. 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. Once
plans are signed by the local water company, the originals shall be presented to
the Fire Department for signature.
239. ECS Water -Combustible. ECS map must be stamped by the Riverside County
Surveyor with the following note: The required water system, including fire
hydrants, shall be installed and accepted by the appropriate water agency prior to
any combustible building material placed on an individual lot.
240. HYDRANT WATER- ECS map must be stamped by the Riverside County
Surveyor with the following note: Prior to the issuance of a building permit, a water
system for fire protection must be provided, either: 1) a domestic water system
with an approved fire hydrant within 500' of the driveway entrance, or 2) a private
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well system with a water storage tank of sufficient size, as approved by the
Riverside County Fire Department.
241. SECONDARY ACCESS- In the interest of Public Safety, the project shall
provide an Alternate or Secondary Access(s). Said Alternate or Secondary
Access(s) shall have concurrence and approval of both the Transportation
Department and the Riverside County Fire Department.
Prior to Building Permit Issuance
242. TRACT WATER VERIFICATION- The required water system, including all fire
hydrant(s), shall be installed and accepted by the appropriate water agency and
the Riverside County Fire Department prior to any combustible building material
placed on an individual lot. Contact the Riverside County Fire Department to
inspect the required fire flow, street signs, all weather surface, and all access
and/or secondary. Approved water plans must be at the job site.
243. HYDRANT SYSTEM- Prior to the release of your installation, site prep and/or
building permits from Building and Safety. Written certification from the appropriate
water district that the required fire hydrant(s) are either existing or that financial
arrangements have been made to provide them. Also, a map or APN page showing
the location of the fire hydrant and access to the property.
244. SECONDARY/ALTER ACCESS- In the interest of Public Safety, the project
shall provide An Alternate or Secondary Access(s). Said Alternate or Secondary
Access(s) shall have concurrence and approval of both the Transportation
Department and the Riverside County Fire Department. Alternate and/or
Secondary Access(s) shall be completed and inspected per the approved plans.
245. REQUIRED SUBMITTALS FIRE SPRINKLERS -Fire sprinkler plans shall be
submitted to the Fire Prevention Department for approval. Three sets of sprinkler
plans must be submitted by the installing C-16 contractor to the Fire Prevention
Department. If plans are done by a licensed Fire Protection Engineer, then the
installing (C-16) contractor will be added to the permit prior to installation of the
sprinkler system. These plans must be submitted prior to the issuance of building
permit.
246. REQUIRED SUBMITTALS (FIRE ALARM) - Fire alarm plans shall be
submitted to the Fire Prevention Department for approval. Three sets of alarm
plans must be submitted by the installing (C-10) contractor to the Fire Prevention
Department. If plans are done by a licensed Fire Protection Engineer, then the
installing (C-10) contractor will be added to the permit prior to installation of the
alarm system. The fire alarm system is required to have a dedicated circuit from
the house panel. These plans must be submitted prior to the issuance of building
permit.
247. FIRE SPRINKLER RISER ROOM -Each structure, with the exception of single-
family dwelling units and duplexers, will require a fire sprinkler riser room with direct
exterior access. This fire sprinkler riser room will house the fire sprinkler riser and
the fire alarm control panel. It will not share with any other equipment.
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Prior to Final Inspection
248. VERIFICATION INSPECTION -PRIOR TO MOVING INTO THE RESIDENCE
YOU SHALL CONTACT THE RIVERSIDE COUNTY FIRE DEPARTMENT TO
SCHEDULE AN INSPECTION FOR THE ITEMS THAT WERE SHOWN AT THE
BUILDING PERMIT ISSUANCE IE: ACCESS, ADDRESSING, WATER SYSTEM
AND/OR FUEL MODIFICATION.
249. RESIDENTIAL SPRINKLERS - Residential fire sprinklers are required in all
one- and two-family dwellings per the California Residential code, California
Building Code and the California Fire Code. Install Fire Sprinkler Systems per
NFPA 13, 13D, 13R, 2019 Edition. Plans must be submitted to the Fire Dept. for
review and approval prior to installation.
250. HYDRANT VERIFICATION - Hydrant locations shall be identified by the
installation of reflective markers (blue dots).
251. ADDRESSING - New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position
that is plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Commercial, multi -family residential
and industrial buildings shall have a minimum of 12-inch numbers with suite
numbers being a minimum of six inches in size. All suites shall have a minimum
of 6-inch-high letters and/or numbers on both the front and rear doors. Single
family residences and multi -family residential units shall have 4-inch letters and/or
numbers, as approved by the Fire Prevention Department.
252. ADDRESS DIRECTORY (MULTI FAMILY) - A directory display monument
sign shall be required for apartment, condominium, townhouse or mobile home
parks. Each complex shall have an illuminated diagrammatic layout of the complex
which indicates the name of the complex, all streets, building identification, unit
numbers, and fire hydrant locations within the complex. Location of the sign and
design specifications shall be submitted to and be approved by the Fire Prevention
Department prior to installation.
253. KNOX BOX- A "Knox -Box" shall be provided. The Knox -Box shall be
installed a minimum of six feet in height and be located to the right side of the fire
riser sprinkler room. Knox applications can be obtained from the Fire Prevention
Department.
254. GATES & ACCESS- All manual and electronic gates on required Fire
Department access roads or gates obstructing Fire Department building access
shall be provided with the Knox Rapid entry system AND Opticom Strobe for
emergency access by firefighting personnel.
255. SITE PLAN (FIRE LANES)- The applicant shall prepare and submit to the Fire
Prevention Department for approval, a site plan designating fire lanes with
appropriate lane painting and/or signs.
Page 63 of 69
Section VI:
Riverside County Environmental
Health Conditions of Approval
Page 64 of 69
General Conditions
256. Riverside County Department of Environmental Health. The project shall
comply with the Riverside County Department of Environmental Health letter dated
October 12, 2021 (attached at end of Conditions of Approval document).
Page 65 of 69
County of Riverside
DEPARTMENT OF ENVIRONMENTAL HEALTH
F.0 ROX 7904 • RIVER5E®E, to 92513-7909
0 KE)TH JOKES, UiRE4 TOR
•rA.r�ar.wr+�r
October 1_1. 2021
City of Menifee. manning Depazmer¢r
Attu: Ryan Fonder
29714 Haun Road
Menifee. CA 9?536
51WEC T: PLN31-0I6 -and C CP PL.N20-0168 M BOULDERS
i A5SE5SORS PARE EL NO. W-200-0901
Dear Mr. Fowler,
The pmjeet listed m the subject beidmg of this letter proposes development of a mmed-use
cotnmetc-od and multiple fantih residertrtal project consisting of Office budding. a day care
building wish outdoor play are& and a '34-wit aPa menc comple_r a ah a clubhouse on 10 14
gross acres The project rs located at the nx►rtheast corner of Norulandy- Road and Berea Road. in
the City of hiewfee_
In accordance with the agreement between the (burin of Riverside. Departrnwnt of
Environmental Health (DER) and the Cnty of 1lentfer. DEH has rev mved she planning ease
referenced u1 the subject heading of thLs letter and provides the following recommeudartorn�.
POLABLE RATER A-'\D 5XXTCARI SEWER SERW E:
A "General Condition:' shall be placed on the projez-t indicating that the subject property is
proposing to recetsv potable water service and sanitary knxer service from Eastern'Municipal
Water Distrncr (EN111-D) 1t is the re4xmszb3lrty of dn; facility to ensure that all regturenwnts to
obtain potable renter and sanitanti sewer sea -we sit met with Fill ). inn addition to all other
applicable agencies
Ptior to building peruut tsm Lace. proetde docansentatnon that establishes seater and sM-3Icc for
tine project front F—A-A TJ.
RE)101 _A.LASA-S'D0N--% ENT OF N-Y LMSMG ORTS AND WELLS:
Any emsting wells -wd or existing oniite wastewater treatment systems (oxx"IS) shall be
properly removed and or abandoned under pernut with DEH
rAf f- tacatjjow� • [-"#yt1Ie • Coy ;11,1 Fi at • 1i dio . 14 uif iota • Palw Spiingc • Pives si&
FfvSne 18581113 tI 3•t
Page 66 of 69
ELIZARDOUS ]LTTERLALS ILANAGE-NIE`'T BR--LXC'H
Prior to biuldumg permit final, this facility shall be required to contact and have a review
couducied b3• the Hazardous h,Litm-ds %iamigement Branch (HNL%1B) A buss tes.s emergent y
plan for the storage of any hazardous. materials. greater than -55 gallons. 1-00 cubic feet of 500
pounds. or aim acutely hazardous materials or extremely hamsdous substances will be required
If fitrrher review of the site indicates additional env-tronmental health issues. HMNIB reserves the
right to regulate the business in accordance with applicable County Chd=nces Please contact
HIMEB at (951) 353-3055 to obtain tnfommation regarding any additional requirements
IRONUENJAL CL.EA-ti%"P PROGI-AMS
As part of the WMCes offered to Contract Cities. the Department of Em•ironmental health
Env'irortmmtal Cleamtp Prograins (ECP) condtieti envirormnental revie=vs on plamsunQ pratecrs to
ensure that m4mne site conditions will not uegatively affect human health or the ent tionintnt
The objective of die emirontnental. rctietvs is: to determine if there are potential saysces of
en-Oronmewa] and. or human expmures associated with the project. identify the sigriftcance of
potential ad%w-ve effects from the contaminants. and evaluate the adequacy of nuagaltou
Measwes for niiniattainn Cgposurei azw potential ach-erne effects from existing coulam rim
and or hazardous substance handling
For taus project_ the City of Menifee is taking on the responubihty to re%v :v the above aspects of
the pros ect.
DISTRICT ENZTRONIMN7IL SER3ICES (DESi
Prix to issrm- ace of a buiklmg permit. the applicant .shall be required to contact DES to
determine the appropnate pool and spa plan check and permitting regturewcas per California
Health and Safety Code.
Prior to issuance of Building and Safety permit, the applicant small be required to cmiao DES to
deter m we the appropriate food plain check and permitting requirements per Ca]iforma, Health and
Safet- Code Califorma Retail Food Code
For furtlxr mfortnation_ please call (951) 766-2824_
County ofF&eside. Department o€Emuonnmeatil Health
Dim-0 Ensiroitmerual Services - Hemet Office
800 S. Sanderson Av,e
Hornet CA 9215
Should you have any fitither questions about this letter or regture fiwther assistance. please
contact sue by email at kakuiu'&-rivco.org or by phone at (951) 955-8980.
Stnrcxely_
Kristine KinL Supenasumg REHS
Emironmental Cleanup Progri m
Page 67 of 69
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
Name (please print)
Date
Title (please print)
Page 68 of 69
Page 69 of 69
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. PC21-551 was duly adopted by the Planning Commission
of the City of Menifee at a meeting thereof held on the 10 day of November 2021 by the following
vote:
Ayes:
LaDue, Madrid, White, Diederich
Noes:
None
Absent:
None
Abstain:
Thomas
(Zzm' 26-
Step anie Roseen, CMC
Deputy City Clerk