PC23-579RESOLUTION NO. PC 23- 579
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE
PERMIT/PLOT PLAN NO. 2019-013, FOR BAILEY PARK BOULEVARD
SPRINKLER AND IRRIGATION SUPPLY LOCATED SOUTH OF
SCOTT ROAD, WEST OF BAILEY PARK BOULEVARD, AND EAST OF
ZEIDERS ROAD, IN THE CITY OF MENIFEE, RIVERSIDE COUNTY
CALIFORNIA (APNS: 384-180-020, -036)
WHEREAS, on January 14, 2019, the applicant, Todd Close filed a formal
application with the City of Menifee for the approval of Conditional Use Permit/Plot Plan
No. 2019-013 to allow for the construction of a 21,552 square foot building and outdoor
sales area on 4.26-gross acres for the sale of sprinkler and irrigation equipment; and
WHEREAS, on January 11, 2023, the Planning Commission of the City of
Menifee held a public hearing on the Project, considered all public testimony as well as
all materials in the staff report and accompanying documents, regarding Conditional Use
Permit No. 2019-013, which the hearing was publicly noticed by a publication in The
Press Enterprise, a newspaper of general circulation, an agenda posting, an onsite
posting, and notice to property owners within 600 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 Conditional Use is consistent with the adopted General Plan and any
applicable specific plan:
Consistency with General Plan
The General Plan Land Use Economic Development Corridor (EDC)
designation is intended to provide economic vitality and flexibility in land
use options to promote economic development along the City's major
corridors. The EDC-Southern Gateway (EDC_SG) is envisioned as
business park (predominantly light industrial and corporate office uses)
and limited support commercial uses that will serve as a buffer and
transitional use between Scott Road and the Estate Residential uses on
the west side of the 1-215. The surrounding properties' General Plan
designations are also EDC-SG to the north, east, west, and south, and
provide a mixed use of vacant land, existing residential, commercial, and
industrial uses.
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 and project landscaping will be provided to visually screen
the parking lot, drive aisles and outdoor sales area from surrounding
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Conditional Use Permit/Plot Plan No. 2019-013
January 11, 2023
properties and roadways along Zeiders Road and Bailey Park
Boulevard.
CD-3.8: Design retention/detention basins to be visually attractive and
well -integrated with any associated project and with adjacent land
uses.
The proposed detention basins located along Zeiders Road, and
Bailey Park Boulevard will be adequately landscaped and
incorporated into the design of the Project.
CD-3.9: Utilize Crime Prevention through Environmental Design
(CPTED) techniques and defensible space design concepts to
enhance community safety.
The Project will be 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 materials, such as, exterior
paneling, split face block wail veneer, louvres, steel awnings,
variations to break up building planes and cornices. The proposed
development will provide glazing on the west elevation along Zeiders
Road and around the building rootline.
CD-3.14: Provide variations in color, texture, materials, articulation,
and architectural treatments. Avoid long expanses of blank,
monotonous walls or fences.
The Project proposes glazing on the west elevation including glazing
and metal louvers along the roofline of the entire building. The
paneling system along with the use of materials such as split face
block wall veneer will be along the base of the building fagade.
Awnings with pilaster designed to blend with the building fagade will
be added at each public entryway. The pilasters will have split face
block wall veneer along the base of the pilasters to mirror the building
and enhance building articulation and color.
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.
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Conditional Use Permit/Plot Plan No. 2019-013
January 11, 2023
The Project proposes down -shielded, enhanced building -mounted
lighting, as well as down -shielded, free-standing lighting within the
parking lot area.
• 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.
Consistency with Multiple Species Habitat Conservation Plan MSHCP
The City of Menifee has two 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 Menifee Municipal Code Chapter 8.27.
Therefore, the Project will not conflict with the provisions of the adopted
HCP, Natural Conservation Community Plan, or other approved local,
regional, or State conservation plan and the impact is considered less
than significant.
Section 2: Consistency with the Zoning Code. The proposed design and location of
the conditional use meets all applicable standards of development and
operation of the City's Zoning Code, including any applicable
specific use regulations.
The zoning for the project site is Economic Development Corridor —
Southern Gateway (EDC-SG) and is consistent with the General Plan
Land Use designation. The proposed use is for a sprinkler and irrigation
supply company which would be classified as a "Hardware building
supply" use per Section Table 9.140.030-1 of the MMC. This use is
allowed with the approval of a CUP (Section 9.40.030) within the EDC-SG
and is considered a commercial use, and therefore is consistent with the
zoning and general plan designation of Economic Development Corridor
-- Southern Gateway (EDC-SG). Additionally, the Project is consistent
with all the development standards of the Menifee Municipal Code
(M MC).
Section 3: Surrounding Uses. The proposed site is adequate in size and shape to
accommodate the conditional use in a manner that is compatible with
existing and planned uses in the vicinity.
The Project site is located south of Scott Road, west of Bailey Park
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Conditional Use Permit/Plot Plan No. 2019-013
January 11, 2023
Boulevard, and east of Zeiders Road with a surrounding mixture of
existing residential, vacant, and commercial uses within the area.
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 surrounding residences and businesses. The
Project will provide additional services in the southern portion of the city.
The Project incorporates quality architecture and landscaping which will
enhance the area.
Section:4 The establishment, maintenance, or operation of the proposed project will
not be detrimental to the health, safety, or general welfare of persons
residing or working in the neighborhood of such use or to the general
welfare of the City.
The Project has been reviewed by City Departments and outside
agencies to ensure compliance with applicable regulations, including, but
not limited to City of Menifee Building and Safety, Engineering and Public
Works, Riverside County Fire, Riverside County Sheriff's Department,
and Riverside County Environmental Health. These Departments have
also provided conditions of approval as appropriate to ensure compliance
with applicable regulations,
Therefore, the Protect is not anticipated to be detrimental to the public
health, safety, and general welfare or injurious to or incompatible with
other properties or land uses in the Project vicinity.
Section 5: Compliance with CEQA. Processing and approval of the pen -nit
application are in compliance with the requirements of the California
Environmental Quality Act.
The Project has been determined to be Categorically Exempt (Class 32 —
Section 15332, "in -Fill Development Projects") under the California
Environmental Quality Act (CEQA) and CEQA Guidelines. Class 32
consists of projects characterized as in -fill development and can
adequately be served by all utility purveyors. The Project is zoned
Economic Development Corridor — Southern Gateway (EDC-SG) and is
consistent with the standards and policies set forth in the general plan
and zoning code. The proposed project will be located on 4.26-grass
acres, and is generally surrounded by existing residential, light industrial
and vacant land, The Project proposes to construct a two-story 21,552
square foot building fronting Zeiders Road and proposes paved outdoor
sales to the rear of the property. The proposed project meets the criteria
identified in Section 15332 as is located in parcels of less than five acres,
and the site can be served by required utilities and the site has no value
to as habitat for endangered, rare or threatened species. Additionally, the
Project will not have an adverse effect related to traffic, noise, air quality,
or water quality, and the project site is not included on a list of hazardous
materials sites compiled pursuant to Government Code Section 65962.5
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Conditional Use Permit/Plot Plan No. 2019-013
January 11, 2023
(California Department of Toxic Substances Control list of various
hazardous sites).
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 Conditional Use Permit/Plot Plan No. 2019-
013 subject to the Conditions of Approval set forth in Exhibit "A" of this
Resolution.
PASSED, APPROVED AND ADOPTED this the 111h day of January 2023.
�r.JC•'�� f� � .
David White, Chairman
Attest:
0
Ra el Valencia, Acting Deputy City Clerk
Approved as to form:
r
Th han, Assistant City Attorney
EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Application No.: Conditional Use Permit/Plot Plan No. 2019-013 ("Bailey
Park Boulevard Sprinkler and Irrigation Supply")
Project Description: Conditional Use Permit/Plot Plan No. 2019-013
The Project proposes a two-story 21,552 square foot
building, that will include 2,848 square feet of office space,
15,220 square feet of sales floor area, and 3,484 square
feet of mezzanine storage space on the second floor. Site
improvements will include 30-parking spaces including EV
and ADA accessible spaces and a gated/paved outdoor
sales area at the rear of 4.26-gross acre property.
Primary/public access will be along Zeiders Road, and two
additional gated/emergency points of access will be from
Bailey Park Boulevard.
The Project site is located south of Scott Road, west of
Bailey Park Boulevard, and east of Zeiders Road, in the
City of Menifee, Riverside County, California.
Assessor's Parcel No.: 384-180-020, 384-180-036
MSHCP Category: Commercial Retail
DIF Category: Commercial Retail
SKR Category: Discretionary permit on greater than 'h (0.5 acres)
TUMF Category: Commercial Retail
Quimby Category: Not Applicable
Approval Date: January 11, 2023
Expiration Date: January 11, 2026
Conditional Use Permit/Plot Plan No. 2019-013 1 of 60
Within 48 Hours of the Approval of This Project
Indemnification. Applicant/developer shall indemnify, defend, and hold
harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors,
consultants, and agents from and against any and all claims, liabilities,
losses, fines, penalties, and expenses, including without limitation litigation
expenses and attorney's fees, arising out of either the City's approval of the
Project or actions related to the Property or the acts, omissions, or operations
of the applicant/developer and its directors, officers, members, partners,
employees, agents, contractors, and subcontractors of each person or entity
comprising the applicant/developer with respect to the ownership, planning,
design, construction, and maintenance of the Project and the Property for
which the Project is being approved. In addition to the above, within 15 days
of this approval, the developer/applicant shall enter into an indemnification
agreement with the City. The indemnification agreement shall be
substantially the same as the form agreement currently on file with the City.
2. Filing Notice of Exemption (NOE). The applicant/developer shall deliver to
the Planning Division, a cashier's check or money order made payable to the
City of Menifee in the amount of fifty dollars ($50) for the County
administrative fee, to enable the City to file the Notice of Exemption (NOE) for
the project within forty-eight (48) hours of the approval of the project.
Conditional Use Permit/Plot Plan No. 2019-013 2 of 60
Section I: Conditions Applicable to All Departments
Section Ik Community Development Department
Conditions of Approval
Section III: Engineering/Public Works Department
Conditions of Approval
Section IV: Building and Safety Department Conditions
of Approval
Section V: Fire Department Conditions of Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
Conditional Use Permit/Plot Plan No. 2019-013 3 of 60
Section
Conditions Applicable to all
Departments
Conditional Use Permit/Plot Plan No. 2019-013 4 of 60
General Conditions
2. Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of approval for the useful purpose of the
sprinkler and irrigation wholesale supply company, Conditional Use
Permit/Plot Plan No. 2019-013 for the Project Entitlement of the spray paint
booth and the autobody repair shop, 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 Conditional Use Permit/Plot Plan
No. 2019-013, dated December 1, 2022.
APPROVED EXHIBIT B = Elevations of Conditional Use Permit/Plot Plan
No. 2019-013, dated October 27, 2022.
APPROVED EXHIBIT C = Floor Plans for Conditional Use Permit No.
2019-013, dated October 27, 2022.
APPROVED EXHIBIT G = Conceptual Grading Plan for Conditional Use
Permit/Plot Plan No. 2019-013, dated December 1, 2022.
APPROVED EXHIBIT L = Conceptual Landscaping for Conditional Use
Permit No. 2019-013, dated December 1, 2022.
3. Ninety (90) Days to Protest. The project developer has ninety (90) days
from the date of approval of these conditions to protest, in accordance with
the procedures set forth in Government Code Section 66020, the imposition
of any and all fees, dedications, reservations and/or other exactions imposed
on this project as a result of this approval or conditional approval of this
project.
4. 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.
5. 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.
6. Expiration. This approval shall be used within three (3) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. By
use is meant the beginning of substantial construction contemplated by this
approval within three-(3)-year period which is thereafter diligently pursued to
completion or to the actual occupancy of existing buildings or land under the
terms of the authorized use. Should the three-(3)-year time period lapse and
Conditional Use Permit/Plot Plan No. 2019-013 5 of 60
no substantial construction or use of this plot plan be initiated within the three
(3) years of the effective date of the issuance of this plot plan, this plot plan
shall become null and void unless extensions are processed and approved
per Menifee Municipal Code.
7. Modifications or Revisions. The permittee shall obtain City approval for
any modifications or revisions to the approval of this project.
Conditional Use Permit/Plot Plan No. 2019-013 6 of 60
Section II:
Community Development
Department
Conditions of Approval
Conditional Use Permit/Plot Plan No. 2019-013 7 of 60
General Conditions
8. Comply with Ordinances. The development of these premises shall comply
with the standards City of the Menifee Municipal Code and all other
applicable ordinances and State and Federal codes and regulations.
The development of the premises shall conform substantially with that as
shown on APPROVED EXHIBIT A, B, C, G, and L, unless otherwise
amended by these conditions of approval.
9. Outside Lighting. Any outside lighting shall be hooded and directed so as
not to shine directly upon adjoining property or public rights -of -way and so as
to prevent either the spillage of lumens or reflection into the sky.
10. Hours of Operation. Business hours of operation and delivery hours shall
be from 6:OOam to 7:OOpm Monday through Saturday and 8:OOam to 5:OOpm
on Sunday.
11. Roof Equipment. All roof equipment shall be screened from public right-of-
way to the satisfaction of the Community Development Director.
12. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT B.
13. Parking. Parking for the project shall comply with the below.
Use Parking
aomommummomew
2,848 1 /250
sf.
Office
space
3,484 1 /1000
sf.
15,220 1 /2000
sf.
Sales
Floor
ADA 1/ea.
Parking
EV
Parking
Parking Parking
Provided
12/Stalls 12/Stalls
5
r,
5
M.-
2 2
3 — — --
Total Total
Required: Provided:
25 30
*Building area parking includes ADA accessible parking.
Parking Spaces. A total of 30 parking stalls are proposed for the project site
that are detailed in the table above. Total number of spaces required is 25.
Conditional Use Permit/Plot Plan No. 2019-013 8 of 60
"Unauthorized vehicles not displaying distinguishing placards or license
plates issued for physically handicapped persons may be towed away at
owner's expense. Towed vehicles may be reclaimed at _ or by telephoning
of
In addition to the above requirements, the surface of each parking space
shall have a surface identification sign duplicating the symbol of accessibility
in blue paint of at least three (3) square feet in size.
Bicycle Racks. In addition to the parking, the project is required to provide 1
bicycle space per 25 parking spaces which would be two bicycle parking
stalls. The project proposes to provide a total of 2 bicycle parking stalls as
shown on APPROVED EXHIBIT A and L. The bicycle racks shall be shown
on project onsite landscaping plans submitted for Community Development
Department approval and shall be installed in accordance with those plans.
14. 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 store or within drive aisles.
Loading areas shall be kept free of debris and clean throughout the life of this
plot plan.
15. Signs. A sign permit has not been approved under this application
(Conditional Use Permit No. 2019-013). Prior to the installation of any onsite
advertising/signage, including but not limited to wall signs affixed to the
building or freestanding signs, a Minor Plot Plan application shall be
approved.
16. No Outdoor Advertising. No outdoor advertising display, sign or billboard
(not including on -site advertising or directional signs) shall be constructed or
maintained within the property subject to this approval.
17. 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).
18. No Outdoor Storage. No outdoor storage other than sales materials is
allowed. No storage lockers, sheds, metal container bins or metal shipping
containers will be allowed to be kept onsite unless stored within the approved
buildings. Merchandise for sale shall not be stored higher than the screening
wall.
19. 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:
Conditional Use Permit/Plot Plan No. 2019-013 9 of 60
• 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.
20. 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.
21. Completion of Conditions Prior to Operations. Pursuant to City of Menifee
Municipal Code, the proposed use approved under Conditional Use Permit
No. 2019-013 shall be not be established or operated until all required
conditions (e.g., road pavement, landscaping installation, building
improvements, etc.) of this Plot Plan have been completed to the satisfaction
of the City.
Archeology
22. 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.
23. 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).
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24. 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).
i. 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.
ii. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
iii. Grading of further ground disturbance 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.
iv. 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.
v. 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."
25. Cultural Resources Disposition. In the event that Native American cultural
resources are discovered during the course of grading (inadvertent
discoveries), the following procedures shall be carried out for final disposition
of the discoveries:
Conditional Use Permit/Plot Plan No. 2019-013 11 of 60
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:
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 Archaeological Resources ensuring access and use
pursuant to the Guidelines. The collection and associated records
shall be transferred, including title, and are to be accompanied by
payment of the fees necessary for permanent curation. Evidence
of curation in the form of a letter from the curation facility stating
that subject archaeological materials have been received and that
all fees have been paid, shall be provided by the landowner to the
City. There shall be no destructive or invasive testing on sacred
items, burial goods and Native American human remains. Results
concerning finds of any inadvertent discoveries shall be included
in the Phase IV monitoring report.
26. 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
Conditional Use Permit/Plot Plan No. 2019-013 12 of 60
review and approval and the Project proponent shall implement the approval
plan.
Landscaping
27. 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).
28. 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.
29. 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.
30. Maintenance of Parks and Landscaping. All parks, landscaping, and
similar improvements not properly maintained by a property owners
association or individual property owners must be annexed into a Lighting
and Landscape District, or other mechanism as determined by the City of
Menifee.
FEES:
31. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan,
elevations, shall be reviewed on an hourly basis (research fee), or other such
review fee as may be in effect at the time of submittal, as required by
Resolution No. 22-1169 (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 BuildincLPermit Issuance
32. Security Systems. Prior to the issuance of a building permit, the applicant
shall prepare and obtain approval (from City of Menifee Police Department
and/or Planning Division of the Community Development Department) of a
security plan for the site. In addition to the common burglary/security alarm
system, the applicant shall also install exterior cameras to monitor all parking
stalls surrounding the exterior of this store. These cameras shall be attached
to the proposed light poles in the parking lot and/or the exterior of the building
itself. Security cameras shall be installed in the interior of this business that
records the shopping aisles as well as the counters and cash registers. The
Conditional Use Permit/Plot Plan No. 2019-013 13 of 60
interior and exterior cameras shall be equipped with recording capabilities
allowing it to save a minimum of four months of recording time.
Prior to Issuance of Grading Permit
33. 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.
34. Fugitive Dust Control. The project developer shall implement fugitive dust
control measures in accordance with Southern California Air Quality
Management District (SCAQMD) Rule 403. The project developer shall
include in construction contracts the control measures required under Rule
403 at the time of development, including the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot
radius) must be swept (preferably with water sweepers) and watered at
least twice daily. Site wetting must occur often enough to maintain a 10
percent surface soil moisture content throughout all earth moving
activities. All unpaved demolition and construction areas shall be wetted
at least twice daily during excavation and construction, and temporary
dust covers shall be used to reduce dust emissions and meet SCAQMD
District Rule 403. Wetting could reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least
three times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible
dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis
when there is evidence of wind driven fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
Conditional Use Permit/Plot Plan No. 2019-013 14 of 60
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
I. Suspend excavation and grading activity when winds (instantaneous
gusts) exceed 15 miles per hour over a 30-minute period or more, so as
to prevent excessive amounts of dust;
m. All haul trucks must have a capacity of not less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
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 amounts of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction
site that identifies the permitted construction hours and provides a
telephone number to call and receive information about the construction
project or to report complaints regarding excessive fugitive dust
generation. Any reasonable complaints shall be rectified within 24 hours
of their receipt.
35. 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).
Conditional Use Permit/Plot Plan No. 2019-013 15 of 60
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).
Utilize alternative fuel construction equipment (i.e., compressed natural
gas, liquid petroleum gas), if equipment is readily available and cost
effective in the South Coast Air Basin (meaning that it does not have to
be imported from another air basin, that the procurement of the
equipment would not cause a delay in construction activities of more than
two weeks, that the cost of the equipment use is not more than 20
percent greater than the cost of standard equipment).
e. Limit truck and equipment idling time to five minutes or less.
f. Rely on the electricity infrastructure surrounding the construction sites
rather than electrical generators powered by internal combustion engines
to the extent feasible.
g. General contractors shall maintain and operate construction equipment
so as to minimize exhaust emissions.
36. Preconstruction Burrowing Owl Survey. Pursuant to Objective 6 and
Objective 7 of the Species Account for the Burrowing Owl included in the
Western Riverside County Multiple Species Habitat Conservation Plan, within
thirty (30) days prior to the issuance of a grading permit, a pre -construction
presence/absence survey for the burrowing owl shall be conducted by a
qualified biologist and the results of this presence/absence survey shall be
provided in writing to the City of Menifee Community Development
Department. If it is determined that the project site is occupied by the
Burrowing Owl, take of "active" nests shall be avoided pursuant to the
MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing
Owl is present, relocation outside of the nesting season (March 1 through
August 31) by a qualified biologist shall be required. The City shall be
consulted to determine appropriate type of relocation (active or passive) and
translocation sites. Occupation of this species on the project site may result in
the need to revise grading plans so that take of "active" nests is avoided or
alternatively, a grading permit may be issued once the species has been
actively relocated.
If the grading permit is not obtained within thirty (30) days of the survey a new
survey shall be required.
No ground disturbance, including disking, blading, grubbing or any similar activity
(except for agricultural production on -site which has been a historic and on -going
Conditional Use Permit/Plot Plan No. 2019-013 16 of 60
use of the property) shall occur within the site until the burrowing owl study is
reviewed and approved.
37. Nesting Bird Survey. If grading is to occur during the nesting season (February
1 — August 31), a nesting bird survey shall be conducted within ten (10) days
prior to grading permit issuance. This survey shall be conducted by a qualified
biologist holding a Memorandum of Understanding (MOU) with Riverside County.
The findings shall be submitted to the City of Menifee Community Development
Department for review and approval.
Archeological and Paleontological Resources
38. Archeologist Retained. Prior to issuance of a grading permit the project
applicant shall retain a Riverside County qualified archaeologist to monitor all
ground disturbing activities in an effort to identify any unknown archaeological
resources.
The Project Archaeologist and the Tribal monitor(s) shall manage and oversee
monitoring for all initial ground disturbing activities and excavation of each portion
of the project site including clearing, grubbing, tree removals, mass or rough
grading, trenching, stockpiling of materials, rock crushing, structure demolition
and etc. The Project Archaeologist and the Tribal monitor(s), shall have the
authority to temporarily divert, redirect or halt the ground disturbance activities to
allow identification, evaluation, and potential recovery of cultural resources in
coordination with any required special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract to
the Community Development Department to ensure compliance with this
condition of approval. Upon verification, the Community Development
Department shall clear this condition.
In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s),
the contractor, and the City, shall develop a Cultural Resources Management
Plan (CRMP) in consultation pursuant to the definition in AB52 to address the
details, timing and responsibility of all archaeological and cultural activities that
will occur on the project site. A consulting tribe is defined as a tribe that initiated
the AB 52 tribal consultation process for the Project, has not opted out of the
AB52 consultation process, and has completed AB 52 consultation with the City
as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in
the Plan shall include:
a. Project grading and development scheduling;
b. The Project archeologist and the Consulting Tribes(s) shall attend the pre -
grading meeting with the City, the construction manager and any contractors and
will conduct a mandatory Cultural Resources Worker Sensitivity Training to those
in attendance. The Training will include a 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
Conditional Use Permit/Plot Plan No. 2019-013 17 of 60
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.
39. 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:
1. The project paleontologist shall participate in a pre -construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction,
as applicable.
2. Paleontological monitoring of earthmoving activities will be conducted on
an as -needed basis by the project paleontologist during all earthmoving
activities that may expose sensitive strata. Earthmoving activities in areas
of the project area where previously undisturbed strata will be buried but
not otherwise disturbed will not be monitored. The project paleontologist
or his/her assign will have the authority to reduce monitoring once he/she
determines the probability of encountering fossils has dropped below an
acceptable level.
3. If the project paleontologist finds fossil remains, earthmoving activities will
be diverted temporarily around the fossil site until the remains have been
evaluated and recovered. Earthmoving will be allowed to proceed through
the site when the project paleontologist determines the fossils have been
recovered and/or the site mitigated to the extent necessary.
4. If fossil remains are encountered by earthmoving activities when the
project paleontologist is not on -site, these activities will be diverted
around the fossil site and the project paleontologist called to the site
immediately to recover the remains.
5. If fossil remains are found, fossilliferous rock will be recovered from the
fossil site and processed to allow for the recovery of smaller fossil
remains. Test samples may be recovered from other sampling sites in the
rock unit if appropriate.
Conditional Use Permit/Plot Plan No. 2019-013 18 of 60
6. Any recovered fossil remains will be prepared to the point of identification
and identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains will then be curated (assigned and labeled
with museum repository fossil specimen numbers and corresponding
fossil site numbers, as appropriate; placed in specimen trays and, if
necessary, vials with completed specimen data cards) and catalogued,
and associated specimen data and corresponding geologic and
geographic site data will be archived (specimen and site numbers and
corresponding data entered into appropriate museum repository catalogs
and computerized data bases) at the museum repository by a laboratory
technician. The remains will then be accessioned into the museum
repository fossil collection, where they will be permanently stored,
maintained, and, along with associated specimen and site data, made
available for future study by qualified scientific investigators. The City
must be consulted on the repository/museum to receive the fossil material
prior to being curated.
7. A qualified paleontologist shall prepare a report of findings made during
all site grading activity with an appended itemized list of fossil specimens
recovered during grading (if any). This report shall 'be submitted to the
City for review and approval prior to final building inspection as described
elsewhere in this condition set. All reports shall be signed by the project
paleontologist and all other professionals responsible for the report's
content (e.g., professional geologist, professional engineer, etc.), as
appropriate. Two wet -signed original copies of the report shall be
submitted directly to the office of the City Community Development
Department along with a copy of this condition and the grading plan for
appropriate case processing and tracking.
40. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required
on -site during all ground -disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder shall
retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians.
Prior to issuance of a grading permit, the developer shall submit a copy of a
signed contract between the above -mentioned Tribe and the land divider/permit
holder for the monitoring of the project to the Community Development
Department and to the Engineering Department. The Tribal Monitor(s) shall have
the authority to temporarily divert, redirect or halt the ground -disturbance
activities to allow recovery of cultural resources, in coordination with the Project
Archaeologist.
41. 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.
Conditional Use Permit/Plot Plan No. 2019-013 19 of 60
Fees
42. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the
applicant shall comply with the provisions of Riverside County Ordinance No.
663 (hereinafter Ordinance No. 663), which generally requires the payment of
the appropriate fee set forth in that ordinance. The amount of the fee required
to be paid may vary depending upon a variety of factors, including the type of
development application submitted and the applicability of any fee reduction
or exemption provisions contained in Ordinance No. 663. Said fee shall be
calculated on the approved development project which is anticipated to be
4.07-acres (gross) in accordance with APPROVED EXHIBIT NO. A. If the
development is subsequently revised, this acreage amount may be modified
in order to reflect the revised development project acreage amount. In the
event Ordinance No. 663 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 663 be rescinded and
superseded by a subsequent City mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
43. Processing Fees. Prior to issuance of grading permits, the Community
Development Department shall determine the status of the deposit -based
fees. If the fees are in a negative status, the permit holder shall pay the
outstanding balance.
Prior to Issuance of Build ina Permit
44. 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, and L.
45. 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.
If building. plans are proposed that alter the elevations as shown on APPROVED
EXHIBIT B 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.
46. 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
Conditional Use Permit/Plot Plan No. 2019-013 20 of 60
Fees
approval. Parking lot lights shall be consistent with the sample provided and
described as APPROVED EXHIBIT B or as otherwise 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.
47. Dark Sky Ordinance. All streetlights and other outdoor lighting shall be
shown on electrical plans submitted to the Department of Building and Safety
and the Community Development Department for plan check approval and
shall comply with the requirements of Menifee Municipal Code Chapter 6.01,
the "Dark Sky Ordinance", and the General Plan.
48. Electrical Cabinets. All electrical cabinets shall be located inside a room that
is architecturally integrated into the design of the building.
49. Floor Plans. Floor plans shall be in substantial conformance with that shown
on APPROVED EXHIBIT C.
50. 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.
51. Security Systems. Prior to the issuance of Building Permits, the applicant
shall prepare a security plan for the site. The security plan for this project
shall include a comprehensive security camera system that clearly depicts
the entire parking field. This security camera system shall be based in one of
the buildings containing the management office for this development, or
inside a security office located within one of the retail buildings or other
places acceptable to the Menifee Police Department, that is accessible to law
enforcement at all times of the day and night. This security camera system
shall have a recording capacity to minimally save footage for the period of
one month. The above camera surveillance system shall include LPR
(License Plate Recognition) cameras installed at the entrances/exits to this
project. LPR cameras are cameras specifically designed to read and record
vehicle license plates as they enter and exit this complex. It should be noted
that high quality day/night vision LPR cameras are relatively inexpensive.
The plan shall be approved prior to issuance of Building Permits.
The Menifee Police Department, and/or Community Development Department
shall verify that the security system has been installed prior to final occupancy.
52. Fees. Prior to issuance of Building Permits, the Community Development
Department shall determine if the deposit -based fees for project are in a
negative balance. If so, any outstanding fees shall be paid by the permittee.
53. Ordinance No. 22-1169 (DIF). Prior to the issuance a building permit, the
applicant shall comply with the provisions of Ordinance No. 22-1169, which
Conditional Use Permit/Plot Plan No. 2019-013 21 of 60
requires the payment of the appropriate fee set forth in the Ordinance.
Ordinance No. 22-1169 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. 22-1169 is rescinded, this condition will no longer
be applicable. However, should Ordinance No. 22-1169 be rescinded and
superseded by a subsequent City mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
54. Perris Union School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
55. Menifee Union School District. Impacts to the Menifee Union School
District shall be mitigated in accordance with California State law.
Landscaping
56. Performance Securities. Performance securities, in amounts to be
determined by the Director of Community Development to guarantee the
installation of plantings, irrigation system, walls and/or fences, in accordance
with the approved plan, shall be filed with the Department of Community
Development. Securities may require review by City Attorney and other staff.
Permit holder is encouraged to allow adequate time to ensure that securities
are in place. The performance security may be released one year after
structural final, inspection report, and the One -Year Post Establishment
report confirms that the planting and irrigation components have been
adequately installed and maintained. A cash security shall be required when
the estimated cost is $2,500.00 or less. At applicant's election, a cash
security may also be used for amounts exceeding $2,500.
57. 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
Conditional Use Permit/Plot Plan No. 2019-013 22 of 60
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.
58. 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.
59. Interim Landscaping. Graded but undeveloped land shall be maintained in
a condition so as to prevent a dust and/or blow sand nuisance and shall be
either planted with interim landscaping or provided with other wind and water
erosion control measures as approved by the Planning Department, Building
and Safety Department and the State air quality management authorities.
60. Crime Prevention through Environmental Design Guidelines. All plants,
landscaping and foliage shall fall within current CPTED (Crime Prevention
through Environmental Design) guidelines.
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.
62. 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.
63. Tree Placement. Tree placement should avoid conflicts with parking lot
lighting.
64. Basins. Planting in basins shall be consistent with Approved Exhibit L and
the plants shall be of adequate height so that they can be seen above the
curbs surrounding the basins and/or up to a minimum height of three (3) feet.
Conditional Use Permit/Plot Plan No. 2019-013 23 of 60
65. 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.
Prior to Final Inspection_
66. 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.
67. Lighting. Exterior lighting shall be consistent with the approved building
plans.
68. 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 and L and shall be constructed prior to the
issuance of occupancy permits. The enclosure(s) shall be a minimum of six
(6) feet in height and shall be architecturally enhanced and made with
masonry block (including masonry cap) with landscaping screening, roof
covering and a solid gate which screens the bins from external view in
compliance with Approved Exhibit L. Additional enclosed area for collection of
recyclable materials shall be located within, near or adjacent to each trash
and rubbish disposal area. The recycling collection area shall be a minimum
of fifty percent (50%) of the area provided for the trash/rubbish enclosure(s)
or as approved by the City of Menifee Engineering Public Works Department.
All recycling bins shall be labeled with the universal recycling symbol and with
signage indicating to the users the type of material to be deposited in each
bin.
69. 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.
70. 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.
71. 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.
72. 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
Conditional Use Permit/Plot Plan No. 2019-013 24 of 60
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.
73. 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.
74. Archeology Report - Phase III and IV. Prior to final inspection of the first
building permit associated with each phase of grading, the developer/permit
holder shall prompt the Project Archeologist to submit two (2) copies of the
Phase III Data Recovery report (if conducted for the Project) and the Phase
IV Cultural Resources Monitoring Report that complies with the Community
Development Department's requirements for such reports. The Phase IV
report shall include evidence of the required cultural/historical sensitivity
training for the construction staff held during the pre -grade meeting. The
Community Development Department shall review the reports to determine
adequate mitigation compliance. Provided the reports are adequate, the
Community Development Department shall clear this condition. Once the
report(s) are determined to be adequate, two (2) copies shall be submitted to
the Eastern Information Center (EIC) at the University of California Riverside
(UCR) and one (1) copy shall be submitted to the Pechanga Cultural
Resources Department.
Landscaping
75. 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?"
76. 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.
77. Landscape Installation. All required landscape planting and irrigation shall
have been installed in accordance with approved Landscaping, Irrigation, and
Conditional Use Permit/Plot Plan No. 2019-013 25 of 60
Fees
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.
78. 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.
79.Open Space Fee (MSHCP). Prior to the issuance of a certificate of
occupancy, or upon Building Permit final inspection prior to use or occupancy
for cases without final inspection or certificate of occupancy (such as an
SMP), whichever comes first, the applicant shall comply with the provisions of
Menifee Municipal Code 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 MMC 8.27 is rescinded, this condition will no longer be applicable.
However, should MMC 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.
80. 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.
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Section III:
Engineering/Public Works
Department
Conditions of Approval
Conditional Use Permit/Plot Plan No. 2019-013 27 of 60
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
80. Subdivision Map Act - The developer / property owner shall comply with the
State of California Subdivision Map Act.
81. 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.
82. 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.
83. 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.
84. Existing and Proposed Easements - The final grading plan shall correctly
show all existing easements, traveled ways, and drainage courses. Any
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omission or misrepresentation of these documents may require said plan to
be resubmitted for further consideration.
85. 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.
86. 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.
87. As -Built Plans - Upon completion of all required improvements, the
developer / property owner shall cause the civil engineer of record to as -built
all project plans, and submit project base line of work for all layers on a USB
drive to the Public Works / Engineering Department, in one of the following
formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions
.shp, .shx and Abf) or (c) Geodatabase (made up of ESRI extension .gdb).
The timing for submitting the as -built plans shall be as determined by the
Public Works Director / City Engineer.
88. 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
Conditional Use Permit/Plot Plan No. 2019-013 29 of 60
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.
(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.
89. 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.
90. 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
91. 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.
92. 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.
93. 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
Conditional Use Permit/Plot Plan No. 2019-013 30 of 60
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.
94. 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.
95. 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.
96.2:1 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.
97. Slope Setbacks — Observe slope setbacks from buildings and property lines
per the California Building Code and City ordinance on grading.
98. 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.
99. 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.
100. 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 (horizonta1:vertical) or over 20 feet in vertical height, unless
addressed in a previously city approved report.
101. 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 and Ordinances and the National
Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm
Sewer System (MS4) Permit from the California State Water Resources
Conditional Use Permit/Plot Plan No. 2019-013 31 of 60
Control Board (SWRCB). Additional Erosion protection may be required
during the rainy season.
102. 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.
103. 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.
104. Finish Grade — Shall be sloped to provide proper drainage away from all
exterior foundation walls in accordance with City of Menifee Standard Plan
300.
105. 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.
106. 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.
107. 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.
108. 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.
109.10 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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110.100 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.
111.100 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.
112.100 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.
113.0n-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 onsite detention basins. 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.
114. 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.
Prior to Grading Permit Issuance:
115. Geotechnical Report — The following documentation was reviewed and
approved by the City:
a. Preliminary Geotechnical Investigation for Proposed Improvements on
APN 384-180-020, Prepared by LGC Geo-Environmental, Inc., Dated
December 6, 2018.
Two copies of City -approved geotechnical/soils report, no more than three (3)
years from date of application for a grading permit, shall be provided to the
City Public Works / Engineering Department with initial submittal of a grading
plan. If there is no approved report and/or said report is past the three (3)
years from date of application, a new geotechnical/soils report and/or update
letter, respectively, shall be prepared and submitted to City for review and
approval. The geotechnical/soils, compaction and inspection reports will be
reviewed in conformance with the latest edition of the Riverside County
Technical Guidelines for Review of Geotechnical and Geologic Reports. A fee
for review of the geotechnical/soils report and/or update letter shall be paid to
the City, the amount of which shall be determined by the City at the first
submittal of the report.
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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.
116. Drainage Study — The following final drainage report was reviewed and
approved by the City:
a. Final Hydrology and Hydraulic Study for 33325 Bailey Park Boulevard
APN 384-180-020 and 384-180-036, Prepared by JLC Engineering &
Consulting, Inc., Dated January 11, 2019 revised September 10, 2019.
The project shall comply with all mitigation recommended by the approved
drainage study.
117.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.
118.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.
119. 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.
120.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.
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121.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.
122. 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.
123.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:
124.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.
125. 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.
126. 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.
127. 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
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City approved forms and shall be submitted to the Public Works / Engineering
Department for verification and acceptance.
128. 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:
129. 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.
130. 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.
131. 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)
132. 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)
b. The maintenance organization shall be established prior to issuance of
any building permit.
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133.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)
134.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,
iiprovide 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,
iv. Contain provisions with regards to the implementation of post
development Water Quality Best Management Practices identified
in the project's approved WQMP.
V. Contain provisions notifying initial occupants, or tenants of the
project of their receipt of educational materials on good
housekeeping practices which contribute to the protection of storm
water quality. These educational materials shall be distributed by
the property owners' association and/or the developer.
vi. Contain provisions for allowing the City a Right of Entry to
maintain BMPs that are otherwise not maintained by responsible
property owners. If a separate Right of Entry Agreement has been
executed, this provision is not necessary to be in the CC&Rs.
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.
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.
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D. STREETS AND DEDICATIONS
135.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 Zeiders Road and Bailey Park
Blvd along the project frontage. Vehicular access to the project as shown on
the Plot Plan will be provided via three driveways, two on Bailey Park Blvd.
and one on Ziders Road. Driveway #1 is located along Zeiders Road is
located near the site's southern property boundary. Driveway #2 and #3 is
located along Bailey Park Blvd near the site's northern and southern property
boundary respectively.
a) Zeiders Road — Zeiders Road has previously been improved to a Major
Road designation with an ultimate half width Right of Way of 59 feet, 38
feet paved curb to centerline, a 6 foot sidewalk adjacent to curb and a 15
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 Zeiders 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) Bailey Park Blvd — Bailey Park Blvd shall be improved to a modified
Industrial Collector designation with an ultimate half width Right of Way of
39 feet, 28 feet paved curb to centerline, and with a 6-foot curb adjacent
sidewalk 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 within
Bailey Park Blvd 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 Zeiders Road and Bailey Park
Road — The Public Works Director / City Engineer may consider
reconstruction or resurfacing of existing Zeiders Road, Bailey 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.
136.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.
137. 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.
138.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.
139.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.
140. 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.
141. 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.
142. 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.
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143. Street Light Plan — Street lights requiring relocations, or any required new
street lights shall be designed in accordance with current City Standards for
LS-3 type streetlights. Street light construction plans shall be prepared as
separate plans or combined with the public street improvement plans as
approved by the Public Works Director / City Engineer.
144. 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 Buildin Permit:
145. 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.
146.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).
147. Bailey Park Blvd Dedication. The developer / property owner shall construct
or guarantee the construction of Berea Road to a modified Industrial Collector
designation with an ultimate half width Right of Way of 39 feet, and 28 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 9 feet is required along the project frontage.
Prior to Issuance of Any Certificate of Occupancy:
148. Bailey Park Blvd Improvements — Improvements on Bailey Park Blvd
fronting the development shall be completed to an Industrial Collector
designation with an ultimate half width Right of Way of 39 feet and 28 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.
149. 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. Driveway #1
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on Zeiders Road shall be accessible for Right in Right out traffic only.
Driveway #2, and Driveway #3 shall be all access driveways.
E. TRAFFIC ENGINEERING
Prior to Issuance of Construction Permit:
150.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.
151.Signing and Striping Plan — Prior to issuance of a construction permit, any
necessary signing and striping plan for Zeiders Road and Bailey Park
Boulevard shall be approved by the City Traffic Engineer in accordance with
City ordinances, standards and specifications, and with the latest edition of
the CAMUTCD.
152. 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.
153. 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 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:
154. Construction of Roadway Improvements — The developer / property owner
shall design and construct the following roadway improvements:
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a. Bailey Park Blvd Road Frontage Improvements - Construct Bailey
Park Blvd to its ultimate half section plus 12 feet as a modified industrial
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. Zeiders Road Driveway #1 — Construct the following improvements at
the northern Zeiders Road driveway intersection:
i. Northbound: one through
ii. Southbound: one through
iii. Curbed Median or alternative improvement to restrict left turns
c. Bailey Park Blvd Driveway #2 — Construct the following improvements
at the northern Bailey Park Blvd driveway intersection:
i. Northbound: one through
ii. Southbound: one through
iii. Striped Median
d. Bailey Park Blvd Driveway #3 — Construct the following improvements
at the southern Bailey Park Blvd driveway intersection:
i. Northbound: one through
ii. Southbound: one through
iii. Striped Median
155. Intersection Geometrics — NOT USED
156. Fair Share Cost Participation for Off -site Improvements — NOT USED
F. NPDES and WQMP
157. 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.
158.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.
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b) Constructed of reinforced masonry without wooden gates. Walls shall be
at least 6 feet high.
c) Provision of concrete slab floor, graded to collect any spill within the
enclosure.
d) All trash bins in the trash enclosure shall be leak proof with lids that are
continuously kept closed.
e) The enclosure area shall be protected from receiving direct rainfall or run-
on from collateral surfaces.
f) The trash enclosure shall be lockable and locked when not in use with a
2-inch or larger brass resettable combination lock. Only employees and
staff authorized by the enclosure property owner shall be given access.
Any standing liquids within the trash enclosures without floor drain must be cleaned
up and disposed of properly using a mop and a bucket or a wet/dry vacuum
machine. All non -hazardous liquids without solid trash may be put in the sanitary
sewer as an option, in accordance with Eastern Municipal Water District (EMWD)
criteria.
An alternate floor drain from the interior of the enclosure that discharges to
the sanitary sewer may be constructed only after obtaining approval from
EMWD. This option requires the following:
a) The trash enclosure shall be lockable and locked when not in use with a
2-inch or larger brass resettable combination lock. Only employees and
staff authorized by the enclosure property owner shall be given access.
This requirement may not be applicable to commercial complexes with
multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of gasses
from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection nearby
with an approved backflow preventer. The spigot shall be protected and
located at the rear of the enclosure to prevent damage from bins.
159. 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_issuesprograms/stormwater/trash i
mplementation.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
Conditional Use Permit/Plot Plan No. 2019-013 43 of 60
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. Existing catch basin 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:
160. 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, Bailey Park
Blvd Development, WQ-0236, prepared by CG Menifee 1, LLC, Dated
January 11, 2019, revised September 10, 2019.
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:
b. Hydrology/hydraulics report - Final Hydrology and Hydraulic Study for
33325 Bailey Park Boulevard APN 384-180-020 and 384-180-036,
Prepared by JLC Engineering & Consulting, Inc., Dated January 11, 2019
revised September 10, 2019.
c. Soils Report that includes soil infiltration capacity - Preliminary
Geotechnical Investigation for Proposed Improvements on APN 384-180-
020, Prepared by LGC Geo-Environmental, Inc., Dated December 6,
2018.
161. 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.
162. 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.
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Prior to Issuance of A Certificate of Occupancy:
163. 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.org. The developer must provide to the Public Works /
Engineering Department a notarized affidavit, or other notification forms
acceptable to the Public Works Director / City Engineer, stating that the
distribution of educational materials to future homebuyers has been
completed prior to issuance of occupancy permits.
A copy of the notarized affidavit must be placed in the final WQMP report.
The Public Works / Engineering Department MUST also receive the original
notarized affidavit with the plan check submittal in order to clear the
appropriate condition. Placing a copy of the affidavit without submitting the
original will not guarantee clearance of the condition.
164. 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.
165. 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
166. 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
Conditional Use Permit/Plot Plan No. 2019-013 45 of 60
H
appurtenances. The final design, including pipe sizes and alignments, shall
be subject to the approval of EMWD and the City of Menifee.
167. 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.
168. 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.
169. 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.
170. Water Mains and Hydrants - All water mains and fire hydrants providing
required fire flows shall be constructed in accordance with the Riverside
County Ordinance Numbers 460 and 787, and subject to the approval of the
Eastern Municipal Water District and the Riverside County Fire Department.
CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD)
Prior to Building Permit Issuance;
171. 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.
172. 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.
173. Landscape Improvement Plans for CFD Maintenance — Landscape
improvements within public ROW and/or areas dedicated to the City for the
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citywide CFD to maintain shall be prepared on a separate City CFD plan for
review and approval by the Public Works / Engineering Department.
174. 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.
175. Maintenance of CFD Accepted Facilities — All landscaping and appurtenant
facilities to be maintained by the citywide CFD shall be built to City standards.
The developer shall be responsible for ensuring that landscaping areas to be
maintained by the CFD have its own controller and meter system, separate
from any private controller/meter system.
WASTE MANAGEMENT
176. 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.rivcowrn.org/opencros/recyclyinq/recycling and compost business.html
#mandatory
177. 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.
Conditional Use Permit/Plot Plan No. 2019-013 47 of 60
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:
178. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance
of a building permit for each building, the applicant shall submit three (3)
copies of a Recyclables Collection and Loading Area plot plan to the City of
Menifee Engineering/Public Works Department for review and approval. The
plot plan shall show the location of and access to the collection area for
recyclable materials, along with its dimensions and construction detail,
including elevation/fagade, construction materials and signage. The plot plan
shall clearly indicate how the trash and recycling enclosures shall be
accessed by the hauler.
The applicant shall provide documentation to the Community Development
Department to verify that Engineering and Public Works has approved the
plan prior to issuance of a building permit.
179. 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
180. 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
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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
181. 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.
182. Road Bridge Benefit District (RBBD) — This project is within the Scott Road
Bridge and Benefit District (RBBD) Zone B. 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.
183. 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
184. Final Building and Safety Conditions. Final Building and Safety Conditions will be
addressed when building construction plans are submitted to Building and 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.
185.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.
186.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.
187. 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.
188.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.
189.Obtain Approvals Prior to Construction. Applicant must obtain all building plans
and permit approvals prior to commencement of any construction work.
190.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.
191. Demolition. (If applicable) Demolition permits require separate approvals and
permits. AQMD notification and approval may be required.
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192. Sanitary Sewer and Domestic Water Plan Approvals. On -site sewer and water
plans will require separate approvals and permits. A total of 6 sets shall be
submitted.
193. 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.
194. 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.
At Plan Review Submittal
195.Submitting Plans and Calculations. Applicant must submit to Building & Safety
seven (7) complete sets of plans and two (2) sets of supporting documents, two (2)
sets of calculations for review and approval including:
a. An electrical plan including load calculations and panel schedule,
plumbing schematic, and mechanical plan applicable to scope of work.
b. A Sound Transmission Control Study in accordance with the provisions of
the Section 1207, of the 2016 edition of the California Building Code.
c. A precise grading plan to verify accessibility for persons with disabilities.
d. Truss calculations that have been stamped by the engineer of record of
the building and the truss manufacturer engineer. Maybe a deferred
submittal.
e. Eastern Municipal Water District (EMWD) First Release Required.
All plans shall be submitted on minimum 24" x 36" size paper or
digital equivalent.
General Requirements
a. All sheets of the plans and the first sheet of the calculations are required
to be signed by the licensed architect or engineer responsible for the plan
preparation. (Business & Professions Code 5536.1, 5802, and 6735)
Cover Sheet
a. Vicinity Map
b. Parcel number and Site Address
c. Business Name
d. Building data: Building Type of Construction, Square Feet of leased
area intended use/occupancy, occupant loads, Building Code Data:
2019 California Building Code, 2019 California Electrical Code, 2019
Conditional Use Permit/Plot Plan No. 2019-013 52 of 60
Plot Plans
California Mechanical Code, 2019 California Plumbing Code, 2019
California Green Building Code, 2019 California Energy Code, and
2019 California Fire Code.
e. List any flammable/combustible materials, chemicals, toxics, or
hazardous materials used or stored and total quantities or each, including
MSDS reports.
f. Indicate if the building has a fire sprinkler system.
g. Sheet Index
h. North Arrow
i. Property Lines/Easements
j. Street/Alleys
k. Clearly demonstrate building setbacks from the property lines, street
centerlines, and from all adjacent buildings and structures on the site
plan.
Prior to Issuance of Building Permits
196. 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.
197. Each Department is required to Approve, with a signature.
Prior to Start of Construction
198. Pre -Construction Meeting. A pre -construction meeting is required with the building
inspector prior to the start of building construction.
Prior to Temporary Certificate of Occupancy
199.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
200. Each department is required to Review and Approve with a Signature, once ALL
Conditions of Approval have been Met/Approved.
Prior to Final Inspection
201. 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.
Conditional Use Permit/Plot Plan No. 2019-013 53 of 60
Section V:
Riverside County Fire Department
Conditions of Approval
Conditional Use Permit/Plot Plan No. 2019-013 54 of 60
General Conditions
202. Hydrant Location. Fire Hydrants shall be located within 400' of all exterior portions
of the structures, measured along required fire apparatus access roads, and
adjacent to public streets in the quantities and up to the maximum distance as
required by the California Fire Code and Riverside County Fire Department.
203. Fire Department Access. Fire apparatus access roads shall extend to within 150
feet of all portions of the facility and all portions of the exterior walls of the first story
of the building as measured by an approved route around the exterior of the building
or facility.
204.Surface Load and Capabilities. Fire apparatus access roads shall be designed to
support the impose loads of fire apparatus [80,000 pound live load (gross vehicular
weight) distributed over two axles] and shall be surfaced so as to provide all-weather
driving capabilities [rear wheel drive apparatus] for the length and grade(s) of the fire
apparatus access road.
205.Sprinkler System. Buildings or structures exceeding 3600 sq. ft are required to have
approved CFC and NFPA 13 compliant fire sprinkler systems installed.
206. Minimum Required Fire Flow. The Fire Department is required to set a minimum
fire flow for the remodel or construction of all commercial buildings in accordance
with Ordinance 787 and,the California Fire Code
Conditional Use Permit/Plot Plan No. 2019-013 55 of 60
Section VI:
Riverside county _Environmental
Health conditions of Approval
Conditional Use Permit/Plot Plan No. 2019-013 56 of 60
General Conditions
207. Riverside County Department of Environmental Health. The project shall
comply with the Riverside County Department of Environmental Health letter dated
May 17, 2022 (attached at end of Conditions of Approval document).
Conditional Use Permit/Plot Plan No. 2019-013 57 of 60
County of Riverside
` DEPARTMENT OF ENVIRONMENTAL HEALTH
P.O. BOX 7909 0 RIVERSIDE, CA 92513-7909
JEFFJOHNSON, DIRECTOR
May 17, 2022
City of Nlenifee. Kvinuig! Department
Attn Desiree McGrifi
29714 Haun Road
Menifee, CA 92586
SI-BJECT: CITP2019-013 "Office.l'i1 arehouse with Outdoor Storage at 33325 Bailey
Park Bird"
(ASSESSORS PARCEL tiO. 394-180-036, 384-180-020)
Dear Ms_ McGriff.
The project listed in the subject beading of this letter proposes to construct a two story building
to use for warehouse and office spare on parcel 1 (3&-180-036) and paved outdoor storage on
parcel 2 (3W180-020). The project is located at 33325 Bailey Park Boulevard in the City of
Menifee.
In accordance with the agreement between the County of Riverside, Department of
Environmental Health (E)EH) and the City of Menifee_ DEH has reviewed the planning case
referenced in the subject heading of this letter and provides the folio%%ping recommendations -
POTABLE WATER —N'D .S_A-NTr ARl SEWER SERVICE:
A "GenerA Condition7 shall be placed on the project indicating that the subject property is
proposing to receive potable water service and sanitary sewer service from Eastern Municipal
Water District (F.1 IWD). It is the responsibility of this facility to ensure that all requirements 10
obtain potable water and sanitary server service are met urith ENMID. in addition to all other
applicable agencies.
Prior to building permit issuance. provide documentation that establishes water and sen'ice for
the project from E,,'VM'D.
RE MOZ AD ABAI DON-WNT OF :ANY EXISTLi G OATS AND N%TLI S:
Prior to grading permit issuance. any existing wells andeor existing onsite wastewater treatment
systems (0L1,'TS) shall be properly removed and.lor abandoned under permit urith DER
Conditional Use Permit/Plot Plan No. 2019-013 58 of 60
ILILARDOi :S IL-kTERLAL.S 1MNAGEM- ENT BR.AYCIi
Prior to building permit final, this facility shall be required to contact and have a review
conducted by the Hazardous Materials Management Branch (HNM- ). A business emergency
plan for the storage of any hazardous materials. greater than 55 gallons. 200 cubic feet or 500
pounds. or any acutely hazardous materials or extremely hazardous substances will be regL&ed.
If further review of the site indicates additional environmental health issues. IL1M, resents the
right to regulate the business in accordance uith applicable County Ordinances. Please contact
I- N MB at (951) 3 58-505 5 to obtain information regarding any additional requirements.
E`ITRONTMEi1T.0 C`LEAN'irP PROGRAILMS
As part of the services offered to Contract Cities, the Department of Environ menul Health
Environmental Cleanup Programs (ECP) conducts environmental reviews on planning projects to
ensue that existing site conditions vdil not negatively affect human health or the emm-ironment.
The objective of the environmental reviews is: to determine if there are potential sources of
environmental and:'or human exposures associated with the project. identify the significance of
potential adverse effects from the contaminants. and evaluate the adequacy of mitigation
measures far mirn- exposures and potential ach-erse effects from existing contamination
andJor hazardous substance handling.
For this project_ the City of Menifee is taking on the responsibility to rez,7ew the above aspects of
the prof Mt.
Should you have any further questions about this letter or require further assistance. please
contact me by email at kakim@arivco.org or by phone at (951) 955-9980.
Sincerely,
Kristine Kim_ Supervising REHS
Environmental Cleanup Prograni
Conditional Use Permit/Plot Plan No. 2019-013 59 of 60
The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
Signed
Date
Name (please print) Title (please print)
Conditional Use Permit/Plot Plan No. 2019-013 60 of 60
CITY OF MENIFEE
PUBLIC NOTICE OF
ORDINANCE CONSIDERATION
Notice is hereby given that the Menifee City Council will consider adopting the following
Ordinance at a regular meeting on February 1, 2023, commencing at 6:00 p.m., City Council
Chambers, 29844 Haun Road, Menifee, CA 92586.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING
CHANGE OF ZONE NO. PLN21-0405, WHICH CHANGES: 1) THE ZONING
CLASSIFICATION OF 28 PROPERTIES CONSISTING OF 533.9 ACRES ON PROPERTY
FROM ECONOMIC DEVELOPMENT CORRIDOR SOUTHERN GATEWAY (EDC-SG) TO
ECONOMIC DEVELOPMENT CORRIDOR COMMUNITY CORE (EDCCC); 2) UPDATE THE
DEFINITION OF THE BUSINESS PARK LAND USE DESIGNATION; AND 3) CHANGE THE
PERMITTED USE TABLE FOR BUSINESS PARK AND ECONOMIC DEVELOPMENT
CORRIDOR ZONING DISTRICTS
The above Ordinance is on file in the office of the City Clerk and may be viewed by calling (951)
672-6777 for an emailed copy.
Kay Vinson, Acting City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Rachel Valencia, Acting Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC23-579 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 11th day of January, 2023 by
the following vote:
Ayes:
LaDue, Madrid, Thomas, White
Noes:
None
Absent:
None
Abstain:
None
achel Valencia
cting Deputy City Clerk