2020-01-22 Planning Commision Regular MEETING - Agenda PacketCity Council Chambers City of Menifee
29844 Haun Road Planning Commission
Menifee, CA 92586 Meeting Agenda
Robert P. Karwin, Chair Wednesday, January 22, 2020
Randy Madrid, Vice Chair 6:00 PM Regular Meeting
Benjamin Diederich, Commissioner
Earl Phillips, Commissioner Cheryl Kitzerow, Director
Chris Thomas, Commissioner Stephanie Roseen, Clerk
AGENDA
REGULAR MEETING
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. SELECTION OF CHAIR AND VICE CHAIR
5. APPOINTMENTS TO THE MENIFEE CITIZENS ADVISORY COMMITTEE
6. PRESENTATIONS
6.1. Presentation to Outgoing Assistant City Attorney, Ajit Thind
7. AGENDA APPROVAL OR MODIFICATIONS
8. PUBLIC COMMENTS (NON-AGENDA ITEMS)
9. APPROVAL OF MINUTES
9.1. Approval of Minutes of December 11, 2019
10. CONSENT CALENDAR
None
11. PUBLIC HEARING ITEMS
11.1. Baker Medical Plot Plan No. 2018-189 5,417 Square Foot, 3-Story Medical
Office Building on a 0.64-Acre Parcel
RECOMMENDED ACTION
1. Conduct a Public Hearing; and
2. Adopt a Resolution approving Plot Plan No. 2018-189, subject to the attached
conditions of approval, and based upon the findings and conclusions
incorporated in the staff report.
12. DISCUSSION ITEMS
None
City of Menifee Planning Commission Agenda
January 22, 2020 Page 2
13. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS
14. COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES
15. FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS
16. ADJOURN
Decorum Policy Notes
Please use a speaker request form when you wish to address the Commissioners.
The Commission anticipates and encourages public participation at its Commission meeting, both
on agenda items and during the public comments period. Please use respect by not having your
cell phones on, refrain from talking in the audience or outbursts that may be disruptive. While we
encourage participation, we ask there be a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this Agenda, including those submitted to the Planning
Commission after distribution of the agenda packet, are available for public inspection by
contacting Stephanie Roseen, Deputy City Clerk, at (951) 672-6777 during normal business
hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Stephanie
Roseen, Deputy City Clerk, at (951) 672-6777. Notification 72 hours prior to the meeting will
enable the City to make reasonable arrangements to assure accessibility to this meeting.
City Council Chambers City of Menifee
29844 Haun Road Planning Commission
Menifee, CA 92586 Meeting Minutes
Robert P. Karwin, Chair Wednesday, December 11, 2019
Randy Madrid, Vice Chair 6:00 PM Regular Meeting
Benjamin Diederich, Commissioner
Earl Phillips, Commissioner Cheryl Kitzerow, Director
Chris Thomas, Commissioner Stephanie Roseen, Clerk
MINUTES
REGULAR MEETING
1. CALL TO ORDER
Chair Karwin called the meeting to order at 6:02 p.m.
2. ROLL CALL
Attendee Name Title Status
Robert P. Karwin Chair Present
Earl Phillips Commissioner Present
Benjamin Diederich Commissioner Present
Randy Madrid Vice Chair Present
Chris Thomas Commissioner Present
3. PLEDGE OF ALLEGIANCE
Chair Karwin led the flag salute.
4. PRESENTATIONS
4.1. Menifee Active Transportation Plan
Carlos Geronimo Principle Engineer provided a presentation and reported on
what an Active Transportation Plan (ATP) is; project background; general
process; key benefits; pedestrian focus areas; costs and priority projects;
participation in the ATP process; web page with text and map surveys; project
schedule and next steps.
The Commission asked question of Mr. Geronimo regarding GIS mapping,
updates as needed, correlation to the City's General Plan and state standards.
5. AGENDA APPROVAL OR MODIFICATIONS
The agenda was approved (5-0) with no modifications.
6. PUBLIC COMMENTS (NON-AGENDA ITEMS)
Ms. Miller discussed alternative sidewalk materials and spoke against Mt. San Jacinto
College (MSJC) stadium project.
7. APPROVAL OF MINUTES
7.1. Approval of Minutes of November 13, 2019
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City of Menifee Planning Commission Minutes
December 11, 2019 Page 2
The minutes were approved (5-0) with no modifications.
RESULT: Accepted [Unanimous]
MOVER: Chris Thomas
SECONDER: Earl Phillips
AYES: Karwin, Phillips, Diederich, Madrid, Thomas
8. CONSENT CALENDAR
None.
9. PUBLIC HEARING ITEMS
9.1. Legado - Fleming Tentative Parcel Map PM2017-339 (PM37379)
Community Development Director Cheryl Kitzerow introduced Planning Manager
Lisa Gordon. Ms. Gordon reported on the project description; location; general
plan land use; background; existing use and future right-of-ways dedications;
timing for improvements; environmental review and staff recommendation.
Chair Karwin opened the public hearing at 6:25 p.m. Deputy City Clerk Stephanie
Roseen stated the public hearing was properly noticed.
Ms. Miller stated her concerns for the project and the environment.
Chair Karwin closed the public hearing at 6:29 p.m.
ACTION
1. Adopted Resolution No. PC19-474, approving Tentative Parcel Map No. 2017-339
(PM37379).
RESULT: Adopted [Unanimous]
MOVER: Earl Phillips
SECONDER: Benjamin Diederich
AYES: Karwin, Phillips, Diederich, Madrid, Thomas
9.2. On Deck Center - Plot Plan (PP) 2016-290; Administrative Relief 19-0064,
Conditional Use Permit (CUP) 2019-082; and Tentative Parcel Map No. (PM)
2016-291 (PM 37145)
Ms. Gordon provided a presentation and reported on the project location; general
plan and zoning; Plot Plan No. 2016-290; Sign Program and Administrative Relief
PLN19-064; Conditional Use Permit No. 2019-082; Tentative Parcel Map 2016-
291; background; access to site; parking; landscaping; architecture and
elevations; signage; administrative relief request; previous remediation of site;
public necessity and convenience; environmental review and staff
recommendations.
The Commission asked questions of staff regarding the possibility of a freeway
pylon sign, maintenance of the landscaping, City of Menifee Police Department
review of the lighting and security systems, secured tenants for the site, and the
extra amount of parking per number of buildings.
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City of Menifee Planning Commission Minutes
December 11, 2019 Page 3
Staff clarified that the existing Development Code would not allow for a freeway
pylon sign at the site, the landscaping would be maintained by the property
owner for onsite landscaping and by the City Community Facilities District for
offsite landscaping. Ms. Kitzerow confirmed that the Menifee Police Department
would review the final lighting and security plans. The project manager, Jim Bach
and applicant Sunny Goyal, clarified they did not currently have tenants for the
hotel and restaurants, but that his team would be constructing and operating the
gas station and convenience store and that they prefer to have extra parking and
wider drive aisles to allow for better circulation, deliveries and parking for the
hotel guest.
Chair Karwin opened the public hearing at 6:51 p.m. Ms. Roseen stated the
public hearing was properly noticed.
Ms. Miller spoke against the project.
Chair Karwin closed the public hearing at 6:59 p.m.
Ms. Kitzerow noted the correspondence that had been received and was
provided to the Commission. Chair Karwin noted that would be made part of the
record.
ACTION
1. Adopted Resolution No. PC19-475, adopting a Mitigated Negative
Declaration, based on the findings incorporated in the Initial Study and the
conclusion that the project will not have a significant effect on the
environment.
RESULT: Adopted [Unanimous]
MOVER: Randy Madrid
SECONDER: Benjamin Diederich
AYES: Karwin, Phillips, Diederich, Madrid, Thomas
2. Adopted Resolution No. PC19-476, approving Plot Plan No. 2016-290, based
upon the findings and conclusions incorporated in the staff report and
Resolution.
RESULT: Adopted [Unanimous]
MOVER: Earl Phillips
SECONDER: Chris Thomas
AYES: Karwin, Phillips, Diederich, Madrid, Thomas
3. Adopted Resolution No. PC19-479, approving Administrative Relief PLN19-
0064 based upon the findings and conclusions incorporated in the staff report
and Resolution.
RESULT: Adopted [Unanimous]
MOVER: Benjamin Diederich
SECONDER: Chris Thomas
AYES: Karwin, Phillips, Diederich, Madrid, Thomas
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City of Menifee Planning Commission Minutes
December 11, 2019 Page 4
4. Adopted Resolution No. PC19-477, approving Conditional Use Permit No.
2019-082 .
RESULT: Adopted [Unanimous]
MOVER: Benjamin Diederich
SECONDER: Randy Madrid
AYES: Karwin, Phillips, Diederich, Madrid, Thomas
5. Adopted Resolution No. PC19-478, approving Tentative Parcel Map No. 2016-
291 (PM 37145) subject to the Conditions of Approval and based upon the
findings and conclusions incorporated in the staff report and Resolution.
RESULT: Adopted [Unanimous]
MOVER: Chris Thomas
SECONDER: Earl Phillips
AYES: Karwin, Phillips, Diederich, Madrid, Thomas
10. DISCUSSION ITEMS
None.
11. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS
Ms. Kitzerow announced Krikorian had begun grading; Bushfire Grill would be holding
their grand opening Saturday, December 14, 2019 and provided an update on the Olive
Garden. Ms. Kitzerow asked for a volunteer from the Commission to participate in the
Census 2020 Complete Count committee; Commissioner Diederich volunteered.
Ms. Kitzerow also announced the City of Menifee was listed as No. 35, Top Boom
Towns of America and introduced Thai Phan, Assistant City Attorney.
12. COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES
Chair Karwin stated he had attended the City of Menifee Tree Lighting and
Commissioner Diederich announced he and Vice Chair Madrid would be attending the
Menifee Citizens Advisory Committee meeting to discuss the Citizen of the Year.
13. FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS
None.
14. ADJOURN
Chair Karwin adjourned the meeting at 7:09 p.m.
______________________________________
Stephanie Roseen, Deputy City Clerk
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CITY OF MENIFEE
SUBJECT: Baker Medical, Plot Plan No. 2018-189
MEETING DATE: January 22, 2020
TO: Planning Commission
PREPARED BY: Desiree Bowdan, Associate Planner
REVIEWED BY: Lisa Gordon, Planning Manager
APPROVED BY: Cheryl Kitzerow, Community Development Director
APPLICANT: Dr. Bruce Baker
--------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Conduct a Public Hearing; and
2. Adopt a Resolution approving Plot Plan No. 2018-189, a 5,417 Square Foot, 3-Story
Medical Office Building on a 0.64-Acre Parcel, subject to the attached conditions of
approval, and based upon the findings and conclusions incorporated in the staff report.
Project Description
Planning Application Plot Plan 2018-189 proposes the development of a 5,417 square foot,
3-story medical office building on a 0.64-acre parcel. Access to the Project site will be from an
existing driveway along Newport Road that will be shared with the Newport Plaza shopping
center located on the adjoining property to the east. A total of 28 parking stalls are proposed
for the Project.
Background
Newport Plaza
The project site is located immediately to the west of the Newport Plaza and shares reciprocal
access and driveways with the plaza. Newport Plaza is an existing 44,000 square foot
commercial center constructed in the early 1990s. At the time of development of the original
center, the westerly 0.64 acres, where the project site is located, was set aside for a potential
freestanding building; however, this building was never constructed.
Parcel Map No. 37103
On September 14, 2016, the Planning Commission approved Tentative Parcel Map No. 2015-
177 (PM 37103), in a 5-0 vote, for the subdivision of the 5.03 acre property into two (2)
parcels. The project site for Plot No. 2018-189 is located on Parcel 2 of this Parcel Map. The
final Parcel Map No. 37103 was recorded on December 19, 2017. The intent of Parcel Map
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Baker Medical Plot Plan No. 2018-189
January 22, 2020
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No. 37103 was to separate the existing Newport Plaza center (Parcel 1) from the undeveloped
portion of the site (Parcel 2) allowing the vacant portion in Parcel 2 to be sold and ultimately
developed.
Project Location
The Project site is located on the north side of Newport Road, west of Bradley Road, and east
of Winter Hawk Road (APN 338-170-028). The site is bounded by Springs Charter School to
the west, the Newport Plaza Shopping Center to the east, Seventh Day Adventist Church to
the north and Newport Road, with existing commercial uses (McDonald’s, Dunkin Donuts,
Braces by Garcia and Arco) further beyond, to the south.
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Baker Medical Plot Plan No. 2018-189
January 22, 2020
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General Plan and Zoning Consistency
The Project site zoning classification and General Plan land use designation is Economic
Development Corridor – Newport Road (EDC-NR). The Newport Road EDC subarea is
intended for neighborhood-oriented commercial, office and institutional uses that support
residential communities and development in the vicinity of this major traffic corridor (i.e.,
Newport Road). The EDC-NR subarea is intended to facilitate convenient shopping and ready
access to personal services. Business office services located along the Newport Road and
Bradley Road corridors serve the local neighborhoods and the community-at-large.
The proposed use, a medical office building, is consistent with the intent of the EDC-NR
designation, because it provides “office services” and the project site is located in close
proximity to residential communities along the Newport Road and Bradley Road corridors. The
medical office supports the needs of neighboring residential communities and the community-
at-large. Medical and professional offices are a permitted use in the EDC-NR zone.
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Baker Medical Plot Plan No. 2018-189
January 22, 2020
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Economic Development Corridor – Newport Road
General Plan Designation Zoning Classification
Project Site Analysis
Layout and Access
As shown in Figure No. 1 below, the site is disturbed, vacant land, which appears to have
been graded in the past; likely during the time of development for Newport Plaza located
immediately east of the project site. Landscaping was installed along a portion of the
frontage of the property when the mono-eucalyptus wireless telecommunication facility
(seen in the far background of Figure 1) was installed. To the west of the property is the
existing Bear River Charter School. Located at the rear of the property is a chain-link fence
protecting an existing storm drain in the northwest rear corner behind the Project site. To
the north of the project site is an existing place of worship.
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City of Menifee Planning Commission
Baker Medical Plot Plan No. 2018-189
January 22, 2020
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As shown on the site plan below, due to the rectangular shape of the parcel, the building will
be located towards the front of the project site and the parking field will be located behind
the buildling in the northerly portion of the project site. As shown in Elevation Figure No. 4,
the access will have landscaping to buffer the proejct site from the adjacent property.
Customer/employee parking access, trash pickup, and emergency access will be provided
via the right-in/right-out access on Newport Road. To ensure public safety, and pedestrian
and ADA (Americans with Disabilities Act) accessibility, the Project will provide adequate
pedestrian pathways to Newport Plaza.
As previously mentioned, in the northeast corner of the project site, there is an existing
disguised mono-eucalyptus, Verizon Wireless communication facility with a 324 square foot
lease area. The existing communication facility will be provided a 12-foot easement between
the proposed medical building and Newport Plaza for underground power and a 20-foot
easement on the west side of the proposed medical building for vehicular access and
utilities. Because of the rectangular shape, the size limitations of the property, and the fact
the property is otherwise landlocked, the Project will have only one point of access off of
Newport Road. However, the site can also be accessed from Bradley Road through the
Newport Plaza shopping center for which there are reciprocal access agreements in place.
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City of Menifee Planning Commission
Baker Medical Plot Plan No. 2018-189
January 22, 2020
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Baker Medical Office - Site Plan
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Baker Medical Plot Plan No. 2018-189
January 22, 2020
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Architecture and Design Elements
The building is proposed to be three-stories in height, but will not exceed a height of 45 feet,
which is the maximum height allowed in the EDC-NR zone. The massing of the building is
broken up by stepping back the second and third stories, except on the east side of the building,
to create vertical plane breaks. Buildings on the properties surrounding the site range from one
to two stories.
The architecture utilizes a modern/contemporary design. The Project will utilize earth tones for
building’s base, main body and accent colors. Stone/block will be utilized on the first floor
perimeter, and carry around to the rear of the building. The second floor will utilize a dark brown
composite wood paneling on the exterior, to provide a variety of materials and create visual
interest. The third floor of the building will be finished with white stucco. Ribbed metal siding
will appear on the west side of the building and roofline. All sides of the buildings will feature
windows of a variety of sizes. Both the second and third floor will include white metal railing for
balcony access. As a final addition, green awnings will shade and provide privacy to windows
that face the parking area located behind the building. The awnings and landscaped elements
will be utilized, along with score lines to break up the massing of the building.
Although the architecture differs from the Newport Plaza Shopping Center to the east of the site,
it is generally consistent with the Charter School to the west, which utilizes more modern design
and materials. The McDonald’s to the south of the project site also utilizes a more
contemporary design and the wood paneling proposed on the office building is similar to that
used on the Shops at Newport (Dunkin Donuts/Braces by Garcia).
Elevation Fig. 1
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Baker Medical Plot Plan No. 2018-189
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Elevation Fig. 2
Elevation Fig. 3
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Elevation Fig. 4
Elevation Fig. 5
Landscaping
The project is subject to the requirements of the City of Menifee Municipal Code Section
9.86, Park Design, Landscaping and Tree Preservation Ordinance, as well as Ordinance
No. 348. Newport Road is also designated as an enhanced landscape corridor; therefore,
the landscaping has been well designed and enhanced to comply with the city’s standards.
The total Project area is 28,477.50 square feet and provides 5,033 square feet of
landscaping, which equates to 17.7% of the Project site (landscaped area/site area). The
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City of Menifee Planning Commission
Baker Medical Plot Plan No. 2018-189
January 22, 2020
Page 10 of 11
CFD will be responsible for the maintenance of landscape improvements in the public
Right-of-Way (ROW) through the annexation process.
Section 9.86.060 requires a minimum ten percent (10%) of the interior parking area to be
landscaped. Much of the proposed landscaping will be located within the proposed interior
parking areas of the Project. There will be 1,790 square feet of landscaping throughout the
parking lot area.
Parking lot trees contain mostly evergreen species to provide the maximum amount of
shade. Ord. 348, Section 18.12 requires that 50% of the parking area, excluding driveways
and aisles. The parking area excluding driveways and aisles is 5,160 sq. ft. and the project
proposes to provide trees to shade 2,592 sq. ft, which exceeds the 50% shading
requirement. The applicant is proposing the use of large, medium, and small accent shrubs,
street, and parking lot trees, accent trees, and vines for added landscape enhancement.
The applicant is proposing the use of large, medium, and small accent shrubs, street, and
parking lot trees, accent trees, and vines for added landscape enhancement.
Environmental Determination
The proposed project is exempt from California Environmental Quality Act (CEQA) pursuant to
Article 19 – Categorical Exemptions, Class 32, Section 15332 “In-Fill Development”. In-Fill
Development is characterized as the following: (a) the project is consistent with the applicable
general plan designation and all applicable general plan policies as well as with applicable
zoning designation and regulation. (b) The proposed development occurs within the city limits
on a project site of no more than five acres substantially surrounded by urban uses. (c) The
project site has no value as habitat for endangered, rare or threatened species. (d) Approval of
the project would not result in any significant effects relating to traffic, noise, air quality, or water
quality. (e) The site can be adequately served by all required utilities and public services.
The project is consistent with the property’s existing General Plan land use designation (EDC-
NR), the property’s zoning classification, and with applicable zoning regulations. The proposed
developed occurs within the City of Menifee limits, the project site is 0.64 acres, and is
substantially surrounded by developed land. The project site has no value as habitat for
endangered, rare or threated species. The project would not result in any significant effects
related to traffic, noise, air quality or water quality and the site can be adequately served by all
required utilities and public services. In addition, the project site is not included on a list of
hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California
Department of Toxic Substances Control list of various hazardous sites).
The project is also exempt from California Environmental Quality Act (CEQA) pursuant to Article
19 – Categorical Exemptions, Class 3, Section 15303 “New Construction or Conversion of Small
Structures.” Class 3 consists of construction and location of limited numbers of new, small
facilities or structures; installation of small new equipment and facilities in small structures; and
the conversion of existing small structures from one use to another where only minor
modifications are made in the exterior of the structure. The numbers of structures described in
this section are the maximum allowable on any legal parcel. Examples of this exemption
include, but are not limited to: (c) A store, motel, office, restaurant or similar structure not
involving the use of significant amounts of hazardous substances, and not exceeding 2500
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City of Menifee Planning Commission
Baker Medical Plot Plan No. 2018-189
January 22, 2020
Page 11 of 11
square feet in floor area. In urbanized areas, the exemption also applies to up to four such
commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use
if not involving the use of significant amounts of hazardous substances where all necessary
public services and facilities are available and the surrounding area is not environmentally
sensitive.
The project is for the construction and operation of a 5,417 sq. ft. office building, which is below
the 10,000 sq. ft. limit of the exemption. The property is zoned for the office use and the project
does not involve the use of significant amounts of hazardous substances. All necessary public
services and facilities are available to the site. The surrounding area is developed with school,
church and commercial uses and is not environmentally sensitive.
Project Findings
Findings for the Plot Plan are provided in the attached draft resolution.
Public Notice
The proposed Project was noticed on January 12, 2020 for the January 22, 2020 Planning
Commission hearing. A public notice was published in The Press Enterprise. Notices were
also mailed to property owners within a 600-foot radius of the Project site. All relevant
public agencies and all interested parties were also notified of the public hearing. Please
see the attached labels and radius map located within the last few pages of the staff report
package.
ATTACHMENTS
1. Summary Table
2. Combined Site Plan Exhibit
3. Plot Plan Resolution
4. Conditions of Approval
5. Notice of Exemption
6. Public Hearing Notice Information
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SUMMARY
Summary of Pertinent Land Use and Policy Designations for Proposed Project
Category Information
General Plan
General Plan Land Use
Designation Economic Development Corridor – Newport Road (EDC-NR)
Surrounding General Plan Land
Use Designation
North: Public/Quasi Public Facilities (PF)
South: Specific Plan (SP) (Cal Neva Specific Plan No. 208)
East: Economic Development Corridor – Newport Road (EDC-NR)
West: Public/Quasi Public Facilities (PF)
Zoning
Zoning Designation Economic Development Corridor-Newport Road
Surrounding Zoning
Designations
North: Public/Quasi Public Facilities (PF)
South: Specific Plan (SP) (Cal Neva 208)
East: Economic Development Corridor – Newport Road (EDC-NR)
West: Public/Quasi Public Facilities (PF)
Other Information
Existing Use Vacant
Surrounding Uses
North: Vacant Land/place of worship
South: Newport Road, Commercial retail/restaurants
East: Commercial retail/restaurants
West: Charter school/education center
Gross Acreage 0.64 gross acres
Square Footage 5,417 square feet
Floor Area Ratio (FAR) .19
Landscaping Required/Proposed 17.7%=28,477.50 sq. ft. required, 5,033 sq. ft. proposed
Parking Required/Proposed 27 required, 28 provided
Assessor Parcel Numbers 338-170-028
Environmental Review
Categorically Exempt Class 32 – CEQA Section 15332, “In-Fill
Development” and Class 3 – CEQA Section 15303, “New Construction
or Conversion of Small Structures”
Policy Areas Mt. Palomar Lighting Influence Area, Zone B
District Information
School: Menifee Union School District & Perris Union High School
District
Water & Sewer: Eastern Municipal Water District
Flood Control: Riverside County Flood Control District (flood plain
review not required)
Fees
1. Subsequent review fees on an hourly basis per Resolution No.
18-741 (Cost of Services Fee Study)
2. Development Impact Fees (Resolution No. 17-656)
3. Stephen’s Kangaroo Rat fees (Ord. No. 663)
4. Western Riverside Multi-species Habitat Conservation Plan fee
(Ord. No. 810)
5. School mitigation fees
6. Western Transportation Uniform Mitigation Fee (Ord. No. 824)
(Central Zone)
7. Road and Bridge Benefit District Fees
Letters Received None to date
Source: City Case files, City GIS
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PLANT LEGEND
SIZESYMBOL WUCOLS
STREET TREES
BOTANICAL NAME
COMMON NAME
KOELRUTERIA PANICULATA L24" BOX
ACCENT TREES
ARBUTUS UNEDO
STRAWBERRY TREE
SYMBOL
LARGE ACCENT SHRUBS
CEANOTHUS SPP
CALIFORNIA LILAC
ELAEAGNUS PUNGENS
SILVERBERRY
SALVIA LEUCOPHYLLA
PURPLE SAGE
MIMULUS AURANTIACUS
MONKEY FLOWER
SYMBOL
MEDIUM ACCENT SHRUBS
CALLISTEMON CIT. 'LITTLE JOHN'
DWARF BOTTLEBRUSH
MYRTUS COMMUNIS COMPACTA
COMPACT MYRTLE
LAVANDULA "Stoechas"
SPANISH LAVENDER
ROSMARINUS OFFICINALIS "Prostratus"
PROSTRATE ROSEMARY
SMALL ACCENT SHRUBS
SENECIO CINERAMA
DUSTY MILLER
SANTOLINA CHAMAECYPARISSUS
LAVENDAR COTTON
GROUND COVER
MYOPORUM PROSTRATUM
SYMBOL
FLATS
SYMBOL
VINES
MACFADYENA UNGUIS-CATI
CAT'S CLAW VINE
5 GAL.
24" BOX
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5 GAL.
5 GAL.
5 GAL.
5 GAL.
1 GAL.
5 GAL.
1 GAL.
1 GAL.
1 GAL.
LAGERSTROEMIA INDICA
CRAPE MYRTLE
M24" BOX
Myoporum Parvifolium "Putah Creek"
PROSTRATE MYOPORUM
PROSTRATE MYOPORUM 18" O.C. SPACING
THEME / PARKING LOT TREES
L24" BOX
5 GAL.
VIBURNUM TINUS "Spring Bouquet"
LAURUSTINUS
5 GAL.
PISTACHIA CHINENSIS
CHINESE PISTACHE
M15 GAL
LONICERA JAPONICUM "Halliana"
HALL'S JAPANESE HONEYSUCKLE
VERBENA TENUISECTA FLATS
MOSS VERBENA 24" O.C. SPACING.
FLATS
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BACCHARIS PILULARIS "Pigeon Point"
DWARF COYOTE BRUSH 24" O.C. SPACING
1 GAL
NOTE: MIN. OF 3" LAYER OF MULCH FOR ALL
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CALLISTEMON CITRINUS
LEMON BOTTLE BRUSH
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LEUCOPHYLLUM FRUTESCENS
TEXAS RANGER
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L
L
RHUS LANCEA
AFRICAN SUMAC
GOLDEN RAIN TREE
CUPRESSUS SEMPERVIRENS
ITALIAN CYPRESS
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DESIGNATION
GEIGERA PARVIFOLIA
AUSTRALIAN WILLOW
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SIZE WUCOLS
DESIGNATION
SIZE WUCOLS
DESIGNATION
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L
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L
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L
M
M
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L
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COAST ROSEMARY
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TULBAGHIA VIOLACEA
SOCIETY GARLIC
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L
L
L
L
L
LNERIUM OLEANDER
DWARF OLEANDER
1 GAL.L
CALLISTEMON CIT. 'LITTLE JOHN'
DWARF BOTTLEBRUSH
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GALVEZIA SPECIOSA
ISLAND SNAPDRAGON
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RESOLUTION NO. PC 20-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO. 2018-189 FOR
BAKER MEDICAL BUILDING LOCATED ON THE NORTH SIDE OF
NEWPORT ROAD, WEST OF BRADLEY ROAD, AND EAST OF
WINTER HAWK ROAD (APN 338-170-028)
WHEREAS, on August 2, 2018, the applicant, Dr. Bruce Baker, filed a formal
application with the City of Menifee for the approval of a Plot Plan for the construction
and operation of a 5,417 sq. ft., 3-story medical office building on 0.65 gross acres; and
WHEREAS, on January 22, 2020, the Planning Commission of the City of
Menifee held a duly noticed public hearing on the Project, considered all public
testimony as well as all materials in the staff report and accompanying documents for
Plot Plan No. 2018-189, which hearing was publicly noticed by a publication in The
Press Enterprise (a newspaper of general circulation), an agenda posting, and notice to
property owners within 600-feet of the Project boundaries, and to persons requesting
public notice; and,
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Menifee makes the following Findings:
Section 1. Consistency with the General Plan. The Plot Plan is consistent with the
General Plan Land Use Map, and applicable General Plan objectives,
policies, and programs:
Consistency with General Plan
The General Plan land use and zoning classification of the site is Economic
Development Corridor – Newport Road (EDC-NR). The intent of the
designation is to provide neighborhood-oriented commercial, office and
institutional uses that support residential communities and development
near this major traffic corridor. The district includes the adjacent Bradley
Road traffic corridor. The Bradley Road corridor features limited business
park and office style services, as well as residential uses.
The Newport Road District facilitates convenience shopping and ready
access to personal services such as the proposed medical office building.
Business and government office services located along these corridors
serve the local neighborhoods and the community. The commercial
locations are designed to be compatible with the surrounding residential
district(s).
In addition, the project is consistent with the following City of Menifee
General Plan policies:
LU-2: Thriving Economic Development Corridors that accommodate a
mix of nonresidential and residential uses that generate activity and
economic vitality in the city.
The Project will be medical offices located adjacent to the Newport
Shopping center. Other types of uses surrounding the property site are
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Resolution
Plot Plan No. 2018-189
January 22, 2020
eating establishments, schools and churches.
LU-2.1: It is important that infill development complement existing
neighborhoods and surrounding areas. Infill development and future
growth in Menifee is strongly encouraged to locate within the EDC
areas to preserve the rural character of rural estate and small estate
residential.
LU-2.2: Infill development opportunities connect the city’s educational
and medical facilities as a complimenting element of uses in EDCs.
The Baker Medical Office provides for an infill development of a vacant
lot in the EDC. Although the surrounding parcels were developed in the
1990’s, this remnant piece has remained vacant and this project
completes the development of this area. The project complements
existing surrounding areas by providing high quality architecture that is
similar to some of the existing uses, such as the school and commercial
to the south. The medical office use is allowed in the EDC zone and a
needed service to surrounding residential neighborhoods.
CD-3.5 Design parking lots and structures to be functionally and
visually integrated and connected; off-street parking lots should not
dominate the street scene.
Perimeter landscaping and strategic placement of the Project’s
commercial buildings has been provided to visually screen the parking
lot and drive aisles from surrounding roadways along Newport Road.
CD-3.14 Provide variations in color, texture, materials, articulation,
and architectural treatments. Avoid long expanses of blank,
monotonous walls or fences.
The architecture of the Project incorporates varied colors, recesses,
material changes, varied rooflines, wall plane changes, accent
materials, and other architectural treatments that break up wall areas to
avoid any long expanses of blank, monotonous walls.
CD-5.4: Locate building access points along sidewalks, pedestrian
areas, and bicycle routes, and including amenities that encourage
pedestrian activity in the EDC areas where appropriate.
The project site is served by sidewalks along Newport Road and the
entrance of the building is oriented to the street. Residents of
apartments and homes to the west of the site could access the medical
office building by the existing sidewalks.
CD-5.6: Orient building entrance towards the street and provide parking
in the rear, when possible.
The Project proposes the building to be located towards the front of the
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Resolution
Plot Plan No. 2018-189
January 22, 2020
parcel and the parking will be in the rear behind the building, consistent
with the general plan policy.
Consistency with Multiple Species Habitat Conservation Plan (MSHCP)
The City of Menifee has two (2) active conservation plans within the City’s
boundary, the Western Riverside County MSHCP, and the Stephens’
Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is
within the jurisdiction of the SKR-HCP and the Western Riverside County
MSHCP. The project site is located inside the Stephen’s Kangaroo Rat
(Dipodomys stephensi) (SKR) Fee Area. The proposed project is located
within the boundaries of the Western Riverside County Multiple Species
Habitat Conservation Plan; however, the project is not located with a
Criteria Cell or Cell Group. The project will be subject to the payment of
fees for a commercial project consistent with Riverside County Ordinance
No. 810.2 as adopted by the City of Menifee. The project site is heavily
disturbed. Therefore, the project will not conflict with the provisions of the
adopted HCP, Natural Conservation Community Plan, or other approved
local, regional, or State conservation plan. The project is consistent with
the MSCHP.
Section 2: Consistency with the Zoning Code. The Plot Plan is consistent with the
zone designation Map, and applicable development standards within the
zone designation:
The Project site is zoned Economic Development Corridor – Newport Road
(EDC-NR). Surrounding zoning includes Economic Development Corridor –
Newport Road (EDC-NR) to the east, Public/Quasi-Public Facilities (PF) to
the west and Cal Neva Specific Plan to the south of the property site. These
classifications are compatible to the project site.
The proposed use, a medical office building, is consistent with the intent of
the EDC-NR designation, because it provides “office services” and the
project site is located in close proximity to residential communities along the
Newport Road and Bradley Road corridors. The medical office supports the
needs of neighboring residential communities and the community-at-large.
Medical and professional offices are a permitted use in the EDC-NR zone.
The project is consistent with the development standards of the EDC-NR
zone, including height (45 feet maximum), FAR, and setbacks.
The project is subject to the requirements of the City of Menifee Municipal
Code Section 9.86, Park Design, Landscaping and Tree Preservation
Ordinance, as well as Ordinance No. 348. Newport Road is also
designated as an enhanced landscape corridor; therefore, the landscaping
has been well designed and enhanced to comply with the city’s standards.
The total Project area is 28,477.50 square feet and provides 5,033 square
feet of landscaping, which equates to 17.7% of the Project site (landscaped
area/site area).
11.1.c
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Resolution
Plot Plan No. 2018-189
January 22, 2020
Section 9.86.060 requires a minimum ten percent (10%) of the interior
parking area to be landscaped. Much of the proposed landscaping will
be located within the proposed interior parking areas of the Project.
There will be 1,790 square feet of landscaping throughout the 8,260
square foot parking lot area, which equates to 21.6%; therefore, the
project meets the interior parking area landscape requirement.
Parking lot trees contain mostly evergreen species to provide the
maximum amount of shade. Ord. 348, Section 18.12 requires that 50%
of the parking area, excluding driveways and aisles. The parking area
excluding driveways and aisles is 5,160 sq. ft. and the project proposes
to provide trees to shade 2,592 sq. ft, which exceeds the 50% shading
requirement.
The Project is consistent with the parking requirements of Ordinance
348, Section 18.12. Under the code, 1 parking space is required for
every 200 sq. ft. of building area. Based on the size of the building, 27
parking spaces are required; however, the project proposes 28 parking
spaces. Bicycle spaces, electric vehicle charging spaces, and ADA
spaces will be provided consistent with the building code.
Therefore, the Project is consistent with the Zoning Code.
Section 3: Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or
injurious to or incompatible with other properties or land uses in the project
vicinity.
As stated, the project site proposes a 3-story 5,417 square foot medical
office building. To the east of the project site is the Newport Shopping
Center, which is also located within the Economic Development Corridor –
Newport Road zoning classification. West of the project site is the existing
Springs Chapter School, and located to the rear of the project site is an
existing mono-eucalyptus wireless telecommunication facility, located within
an existing block wall enclosure. There is also a church to the north of the
project. Newport Road and existing commercial uses are located to the
south of the project. The project is compatible with the surrounding land
uses, General Plan land use designation, and zoning classifications. The
project will incorporate architecture and landscaping, which will enhance
the area. Therefore, the project would not create conditions materially
detrimental to the public health, safety and general welfare or injurious to or
incompatible with other properties or land uses in the project vicinity.
The Project has been reviewed by a variety of Departments to ensure
compliance with applicable regulations, including, but not limited to City of
Menifee Building and Safety, Engineering and Public Works, Riverside
County Fire, Riverside County Sherriff’s Department, and Riverside County
Environmental Health. These Departments have also provided conditions of
approval as appropriate to ensure compliance with applicable regulations.
11.1.c
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Resolution
Plot Plan No. 2018-189
January 22, 2020
Section 4: Compliance with CEQA. Processing and approval of the permit application
are in compliance with the requirements of the California Environmental
Quality Act.
The proposed project is exempt from California Environmental Quality Act
(CEQA) pursuant to Article 19 – Categorical Exemptions, Class 32, Section
15332 “In-Fill Development”. In-Fill Development is characterized as the
following: (a) the project is consistent with the applicable general plan
designation and all applicable general plan policies as well as with
applicable zoning designation and regulation. (b) The proposed
development occurs within the city limits on a project site of no more than
five acres substantially surrounded by urban uses. (c) The project site has
no value as habitat for endangered, rare or threatened species. (d)
Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality. (e) The site can be adequately
served by all required utilities and public services.
The project is consistent with the property’s existing General Plan land use
designation (EDC-NR), the property’s zoning classification, and with
applicable zoning regulations. The proposed developed occurs within the
City of Menifee limits, the project site is 0.64 acres, and is substantially
surrounded by developed land. The project site has no value as habitat for
endangered, rare or threated species. The project would not result in any
significant effects related to traffic, noise, air quality or water quality and the
site can be adequately served by all required utilities and public services.
The project is also exempt from California Environmental Quality Act
(CEQA) pursuant to Article 19 – Categorical Exemptions, Class 3, Section
15303 “New Construction or Conversion of Small Structures.” Class 3
consists of construction and location of limited numbers of new, small
facilities or structures; installation of small new equipment and facilities in
small structures; and the conversion of existing small structures from one
use to another where only minor modifications are made in the exterior of
the structure. The numbers of structures described in this section are the
maximum allowable on any legal parcel. Examples of this exemption
include, but are not limited to: (c) A store, motel, office, restaurant or similar
structure not involving the use of significant amounts of hazardous
substances, and not exceeding 2500 square feet in floor area. In urbanized
areas, the exemption also applies to up to four such commercial buildings
not exceeding 10,000 square feet in floor area on sites zoned for such use
if not involving the use of significant amounts of hazardous substances
where all necessary public services and facilities are available and the
surrounding area is not environmentally sensitive.
The project is for the construction and operation of a 5,417 sq. ft. office
building in an urbanized area, which is below the 10,000 sq. ft. limit of the
exemption. The property is zoned for the office use and the project does
not involve the use of significant amounts of hazardous substances. All
necessary public services and facilities are available to the site. The
surrounding area is developed with school, church and commercial uses
and is not environmentally sensitive.
11.1.c
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Resolution
Plot Plan No. 2018-189
January 22, 2020
BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee
hereby approves Plot Plan No. 2018-189 subject to the following:
1. The Findings set out above are true and correct.
2. Plot Plan No. 2018-189 is hereby approved subject to the Conditions of
Approval set forth in Exhibit “1” to this Resolution.
PASSED, APPROVED AND ADOPTED this the 22nd day of JANUARY, 2020.
_________________________
Robert P. Karwin, Chairman
Attest:
_______________________________
Stephanie Roseen, Deputy City Clerk
Approved as to form:
______________________________
Ajit Thind, Assistant City Attorney
11.1.c
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Page 1 of 48
EXHIBIT “1”
CONDITIONS OF APPROVAL
Planning Application No.: Plot Plan No. 2018-189 “Baker Medical Building”
Project Description: Plot Plan No. 2018-189 proposes the construction and
operation of an approximately 5,417 square foot 3-story
medical office building on a 0.64-acre parcel. Access to the
site will be from an existing driveway shared with the
Newport Plaza shopping center located on the adjoining
property to the east. A total of 28 parking stalls are proposed
for the project.
The site is located on the north side of Newport Road, west
of Bradley Road, and east of Winter Hawk Road in the City
of Menifee, County of Riverside, State of California.
Assessor's Parcel No.: 338-170-028
MSHCP Category: Commercial
DIF Category: Service Commercial
TUMF Category: Retail or Service, depending on end user and as
determined by Western Riverside Council of Governments
(WRCOG)
Quimby Category: N/A
Approval Date: January 22, 2020
Expiration Date: January 22, 2023
Within 48 Hours of the Approval of This Project
1. 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 County Clerk in the amount
of Fifty Dollars ($50.00) for the Riverside County Clerk administrative fee, to enable the
City to file the Notice of Exemption required under Public Resources Code Section 21152
and California Code of Regulations Section 15062. Per Fish and Wildlife Code Section
711.4(c)(3), a project shall not be operative, vested or final and local government permits
for the project shall not be valid until the filling fees required are paid.
2. 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
11.1.d
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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.
11.1.d
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Section I: Conditions Applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Building & Safety Conditions of Approval
Section V: Fire Department Conditions of Approval
Section VI: Riverside County Department of
Environmental Health
11.1.d
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Section I:
Conditions Applicable to all
Departments
11.1.d
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General Conditions
3. Definitions. The words identified in the following list that appear in all capitals in the
attached conditions of Plot Plan No. 2018-189 shall be henceforth defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the
Permittee of this project.
APPROVED EXHIBIT A = Site Plan for Plot Plan Permit No. 2018-189, dated January 6,
2020.
APPROVED EXHIBIT G = Preliminary Grading Plan for Plot Plan Permit No. 2018-189,
dated January 6, 2020.
APPROVED EXHIBIT B = Elevations for Plot Plan No. 2018-189, dated January 6, 2020.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2018-189, dated January 6, 2020.
APPROVED EXHIBIT L = Conceptual Landscaping and Irrigation Plan for Plot Plan No.
2018-189, dated January 6, 2020.
APPROVED EXHIBIT M = Color and Materials Board for Plot Plan No. 2018-189, dated
May 16, 2019.
4. Ninety (90) Days. The permittee has ninety (90) days from the date of approval of these
conditions to protest, in accordance with the procedures set forth in Government Code
Section 66020, the imposition of any and all fees, dedications, reservations and/or other
exactions imposed on this project as a result of this approval or conditional approval of
this project.
5. City of Menifee. The City of Menifee is a new City, incorporated on October 1, 2008; the
City is studying and adopting its own ordinances, regulations, procedures, processing and
development impact fee structure. In the future the City of Menifee will identify and put in
place various processing fees to cover the reasonable cost of the services provided. The
City also will identify and fund mitigation measure under CEQA through development
impact fees. Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are submitted,
which fees are designed to cover the full cost of such services, and development impact
fees to mitigate the impact of the development proposed on public improvements. To the
extent that Menifee may develop future financing districts to cover the costs of
maintenance of improvements constructed by development, Permittee agrees to petition
for formation of, annexation to or inclusion in any such financing district and to pay the
cost of such formation, annexation or inclusion if the process occurs prior to release of
occupancy.
The permittee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee condition
must be met as specified herein.
6. Causes for Revocation. In the event the use hereby permitted under this Plot Map a) is
found to be in violation of the terms and conditions of this permit, b) is found to have been
11.1.d
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obtained by fraud or perjured testimony, or c) is found to be detrimental to the public
health, safety or general welfare, or is a public nuisance, this permit shall be subject to the
revocation procedures.
7. Business Registration. Every person conducting a business within the City of Menifee
shall obtain a business license, as required by the Menifee Municipal Code. For more
information regarding business registration, contact the City of Menifee.
8. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
9. Expiration Date. This approval shall be used within three (3) years of the approval date;
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 the three (3)
year period which is thereafter diligently pursued to completion or to the actual occupancy
of existing buildings or land under the terms of the authorized use. Prior to the expiration
of the three-year period, the permittee may request one (1) of up to two (2) one (1) year
extensions of time in which to begin substantial construction or use of this permit. Should
the time period established by any of the extension of time requests lapse, or should both
two one-year extensions be obtained and no substantial construction or use of this plot
plan be initiated within five (5) years of the effective date of the issuance of this plot plan,
this plot plan shall become null and void.
11.1.d
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Section II:
Community Development
Department Conditions of
Approval
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General Conditions
10. Comply with Ordinances. The development of these premises shall comply with the
standards of Ordinance No. 348 (hereinafter Ordinance No. 348), as adopted by the City
of Menifee, City of Menifee Municipal Code and all other applicable ordinances and State
and Federal codes and regulations.
The development of the premises shall conform substantially with that as shown on
APPROVED EXHIBIT A, B, C, G, L, and M unless otherwise amended by these conditions
of approval.
11. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights-of-way and so as to prevent either the
spillage of lumens or reflection into the sky.
12. Colors and Materials. Building colors and materials shall be in substantial conformance
with those shown on APPROVED EXHIBIT B and M.
13. Parking. Based on the Ordinance 348, Section 18.12, parking for the project is calculated
as “office use” and utilizes a parking ratio of 1 spaces / 200 sq. ft. of office area. Therefore,
the minimum number of required parking spaces for the proposed project is twenty-eight
(28) including one (1) parking space for persons with disabilities.
Use Serving Area Ratio Parking
Required
Parking
Provided
Office
Building 5,417 sq. ft. 1 space / 200 sq. ft.
of office floor area. 28 28
A minimum of twenty-eight (28) parking spaces shall be provided as shown on the
APPROVED EXHIBIT A. Any reduction in the number of parking stalls provided shall be
reviewed against the parking requirements of Ordinance No. 348, Section 18.12, and
approved by the Community Development Director.
The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to
current standards as approved by the Department of Building and Safety.
ADA Parking Spaces:
A minimum of one (1) accessible parking space within the proposed project site (for PP
2018-189), as shown on APPROVED EXHIBIT A for persons with disabilities shall be
provided consistent with ADA requirements and as approved by the City of Menifee
Building and Safety Department. The location of ADA parking and paths of travel will be
finalized on the final site plan of the proposed project.
Bicycle Racks:
Bicycle racks or lockers with a minimum of two (2) spaces shall be provided as shown on
APPROVED EXHIBIT A to facilitate bicycle access to the project area. The bicycle racks
11.1.d
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shall be shown on project landscaping and improvement plans submitted for Community
Development Department approval and shall be installed in accordance with those plans.
Bicycle rack designs that employ a theme are highly encouraged.
15. No Signage Approval. No signage either affixed to the building or monument
(freestanding) signage has been approved as part of this application. Any future signs will
need to be reviewed and approved under a separate Minor Plot Plan.
16. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not including
on-site advertising or directional signs) shall be constructed or maintained within the
property subject to this approval.
17. Reclaimed Water. The permittee shall connect to a reclaimed water supply for landscape
watering purposes when secondary or reclaimed water is made available to the site as
required by Eastern Municipal Water District.
18. No Permanent Occupancy. No permanent occupancy shall be permitted within the
property approved under this Plot Plan as a principal place of residence. No person shall
be entitled to vote using an address within the premises as a place of residence.
19. Exterior Noise Levels. Facility-related noise, as projected to any portion of any
surrounding property containing a "sensitive receiver, habitable dwelling, hospital, school,
library or nursing home", must not exceed the following worst-case noise levels 45 dB(A)
- 10 minute noise equivalent level ("leq"), between the hours of 10:00 p.m. to 7:00 a.m.
(nighttime standard) and 65 dB (A) - 10 minute leq, between 7:00 a.m. and 10:00 p. m.
(daytime standard).
20. No Outdoor Storage. No outdoor storage is allowed within the site. For example, no
storage lockers, sheds, metal container bins, or metal shipping containers will be allowed
to be kept onsite unless reviewed and approved by the Community Development
Department.
20. Rules for Construction Activities. The applicant shall adhere to the Best Available
Control Measures (BACMs). SCAQMD Rules that are currently applicable during
construction activity for the project include but are not limited to: Rule 1113 (Architectural
Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403 (Fugitive Dust); and Rule 1186 / 1186.1
(Street Sweepers). The specific Rule 403 regulatory requirements that are applicable to
the project are as follows:
All clearing, grading, earth-moving, or excavation activities shall cease when winds
exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
The contractor shall ensure that all disturbed unpaved roads and disturbed areas within
the project are watered at least three times daily during dry weather. Watering, with
complete coverage of disturbed areas, shall occur at least three times a day, preferably in
the midmorning, afternoon, and after work is done for the day. Implementation of this
measure is estimated to reduce PM10 and PM2.5 fugitive dust emissions by approximately
61%.
The contractor shall ensure that traffic speeds on unpaved roads and project site areas
are reduced to 15 miles per hour or less to reduce PM10 and PM2.5 fugitive dust haul road
emissions by approximately 44%.
11.1.d
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21. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402 which
prohibits a person from discharging any source quantities of air contaminants or other
material which cause injury, nuisance, or annoyance to any considerable number of
persons or to the public.
22. Recreational Vehicle Parking. No overnight recreational vehicle parking or camping will
be allowed within the site.
23. Outdoor Events/Temporary Uses. A temporary use permit shall be required for outdoor
events and/or temporary uses as described in Menifee Municipal Code Chapter 9.6 and
include, but not limited to, Farmer’s Markets, art and car shows, and sidewalk sales.
Archeology
24. 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.
25. 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).
26. 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
11.1.d
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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.”
27. Cultural Resources Disposition. In the event that Native American cultural resources
are discovered during the course of grading (inadvertent discoveries), the following
procedures shall be carried out for final disposition of the discoveries:
a) One or more of the following treatments, in order of preference, shall be employed with
the tribes. Evidence of such shall be provided to the City of Menifee Community
Development Department:
i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means
avoiding the resources, leaving them in the place where they were found with no
development affecting the integrity of the resources.
ii. Reburial of the resources on the Project property. The measures for reburial shall include,
at least, the following: Measures and provisions to protect the future reburial area from
any future impacts in perpetuity. Reburial shall not occur until all legally required
cataloging and basic recordation have been completed, with an exception that sacred
items, burial goods and Native American human remains are excluded. Any reburial
process shall be culturally appropriate. Listing of contents and location of the reburial shall
be included in the confidential Phase IV report. The Phase IV Report shall be filed with
the City under a confidential cover and not subject to Public Records Request.
iii. If preservation in place or reburial is not feasible then the resources shall be curated in a
culturally appropriate manner at a Riverside County curation facility that meets State
Resources Department Office of Historic Preservation Guidelines for the Curation of
Archaeological Resources ensuring access and use pursuant to the Guidelines. The
collection and associated records shall be transferred, including title, and are to be
11.1.d
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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.
28. Inadvertent Paleontological Find. Should fossil remains be encountered during site
development:
i. All site earthmoving shall be ceased in the area of where the fossil remains are
encountered. Earthmoving activities may be diverted to other areas of the site.
ii. The applicant shall retain a qualified paleontologist approved by the County of Riverside.
iii. The paleontologist shall determine the significance of the encountered fossil remains.
iv. Paleontological monitoring of earthmoving activities will continue thereafter on an as-
needed basis by the paleontologist during all earthmoving activities that may expose
sensitive strata. Earthmoving activities in areas of the project area where previously
undisturbed strata will be buried but not otherwise disturbed will not be monitored. The
supervising paleontologist will have the authority to reduce monitoring once he/she
determines the probability of encountering any additional fossils has dropped below an
acceptable level.
v. If fossil remains are encountered by earthmoving activities when the paleontologist is not
onsite, these activities will be diverted around the fossil site and the paleontologist called
to the site immediately to recover the remains.
vi. Any recovered fossil remains will be prepared to the point of identification and identified
to the lowest taxonomic level possible by knowledgeable paleontologists. The remains
then will be curated (assigned and labeled with museum* repository fossil specimen
numbers and corresponding fossil site numbers, as appropriate; places in specimen trays
and, if necessary, vials with completed specimen data cards) and catalogued, an
associated specimen data and corresponding geologic and geographic site data will be
archived (specimen and site numbers and corresponding data entered into appropriate
museum repository catalogs and computerized data bases) at the museum repository by
a laboratory technician. The remains will then be accessioned into the museum*
repository fossil collection, where they will be permanently stored, maintained, and, along
with associated specimen and site data, made available for future study by qualified
scientific investigators.
*The City of Menifee must be consulted on the repository/museum to receive the fossil
material prior to being curated.
Landscaping
29. 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
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Management District (SCAQMD).
30. Viable Landscaping. All plant materials within landscaped areas shall be maintained in
a viable growth condition throughout the life of this permit. To ensure that this occurs, the
Community Development Department shall require inspections in accordance with the
building permit landscaping install and inspection condition.
31. Landscape Plans. All landscaping plans shall be prepared in accordance with the City’s
Water Efficient Landscape Ordinance. Such plans shall be reviewed and approved by the
Community Development Department, and the appropriate maintenance authority.
32. Maintenance of Landscaping. All private landscaping shall be maintained by a property
owners association, individual property owner, or as otherwise established by CC&Rs. All
landscaping, and similar improvements not properly maintained by a property owners
association or individual property owners must be annexed into a Lighting and Landscape
District, or other mechanism as determined by the City of Menifee.
33. Crime Prevention through Environmental Design Guidelines. All plants, landscaping
and foliage shall fall within current CPTED (Crime Prevention through Environmental
Design) guidelines.
Fees
34. Subsequent Submittals. Any subsequent submittals required by these conditions of
approval, including but not limited to grading plan, building plan or mitigation monitoring
review, shall be reviewed on an hourly basis (research fee), or other such review fee as
may be in effect at the time of submittal, as required by Resolution No. 18-741 (Cost of
Services Fee Study), or any successor thereto. Each submittal shall be accompanied with
a letter clearly indicating which condition or conditions the submittal is intended to comply
with.
Prior to Issuance of Grading Permit
35. Precise Grading Plan Review. The Community Development Department shall review
the precise grading plan for consistency with the approved site plan and conceptual
grading plan (Approved Exhibits A and G) and the conditions of approval.
36. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in
accordance with Southern California Air Quality Management District (SCAQMD) Rule
403. The permittee shall include in construction contracts the control measures required
under Rule 403 at the time of development, including the following:
a. Use watering to control dust generation during demolition of structures or break-up of
pavement. The construction area and vicinity (500-foot radius) must be swept (preferably
with water sweepers) and watered at least twice daily. Site wetting must occur often
enough to maintain a 10 percent surface soil moisture content throughout all earth moving
activities. All unpaved demolition and construction areas shall be wetted at least twice
daily during excavation and construction, and temporary dust covers shall be used to
reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce
fugitive dust by as much as 50%.
11.1.d
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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 drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph;
l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15
miles per hour over a 30-minute pe3riod or more, so as to prevent excessive amounts of
dust;
m. All haul trucks must have a capacity of no less than twelve and three-quarter (12.75)
cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate means to prevent
spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks
and equipment leaving the site;
r. All materials transported off-site shall be either sufficiently watered or securely covered
to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and second stage
smog alerts; and,
t. An information sign shall be posted at the entrance to each construction site that
identifies the permitted construction hours and provides a telephone number to call and
receive information about the construction project or to report complaints regarding
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excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24
hours of their receipt.
37. Nesting Bird Survey. To avoid impacting nesting birds, one of the following must be
implemented:
Conduct grading or ground disturbance activities from September 16th through January
31st, when birds are not likely to be nesting on the site; OR, conduct pre-construction
surveys for nesting birds if construction is to take place during the nesting season
(February 1st through September 15th). A qualified wildlife biologist shall conduct
a pre-construction nest survey no more than 14 days prior to initiation of grading
to provide confirmation of the presence or absence of active nests on or
immediately adjacent to the project site. If active nests are encountered, species-
specific measures shall be prepared by a qualified biologist and implemented to
prevent abandonment of the active nest. At a minimum, grading in the vicinity of
the nest shall be deferred until the young birds have fledged. A minimum exclusion
buffer of 100 feet shall be maintained during construction, depending on the
species and location. The perimeter of the nest-setback zone shall be fenced or
adequately demarcated with staked flagging at 20-foot intervals, and construction
personnel and activities restricted from the area. A survey report by the qualified
biologist verifying that (1) no active nests are present, or (2) that the young have
fledged, shall be submitted to the City prior to initiation of grading in the nest-
setback zone. The qualified biologist shall serve as a construction monitor during
those periods when construction activities occur near active nest areas to ensure
that no inadvertent impacts on these nests occur. A report of the findings prepared
by a qualified biologist shall be submitted to the City prior to ground disturbance
and/or issuance of a grading permit.
Fees
38. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit or ground
disturbance, the permittee shall comply with the provisions of Ordinance No. 663, which
generally requires the payment of the appropriate fee set forth in that ordinance. The
amount of the fee required to be paid may vary depending upon a variety of factors,
including the type of development application submitted and the applicability of any fee
reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be
calculated on the approved development project which is anticipated to be .64 acres
(gross) in accordance with APPROVED EXHIBIT A. If the development is subsequently
revised, this acreage amount may be modified in order to reflect the revised development
project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will
no longer be applicable. However, should Ordinance No. 663 be rescinded and
superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
39. Fees. Prior to the issuance of grading permits for PP 2018-189, the Community
Development Department shall determine the status of the deposit-based fees. If the fees
are in a negative status, the permit holder shall pay the outstanding balance.
11.1.d
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Prior to Issuance of Building Permit
40. Submit Building Plans. Prior to the issuance of a building permit, the permittee shall
submit building plans with the City of Menifee Building and Safety Department for building
permits. The building plans shall be in substantial conformance with APPROVED
EXHIBIT A, B, C, G, L, and M.
Building and Safety will require the following items:
1. To the extent the City of Menifee has adopted the 2019 edition of the California Building,
Mechanical, Electrical and Plumbing, Energy and Green Codes prior to Plans being
submitted for first plan check, plans shall be designed to the provisions of the 2019 edition
of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes
(or subsequent edition adopted by the City, if adopted by the City of Menifee prior to Plans
being submitted for first plan check).
2. Five (5) sets of plan drawings shall be submitted along with two (2) copies of structural
and Title 24 Energy documentation.
3. Two (2) sets of precise grading plans shall be submitted at time of building plan review
submittal. Showing all disabled access paths of travel, cross and directional slope
percentages, site accessibility features and details.
4. All exterior lighting shall comply with Ordinance 6.01, “Dark Sky Ordinance”.
5. All exterior lighting shall fall within current commercial standards.
6. Separate plan submittal will be required to Riverside County Fire along with a formal
transmittal issued by Building and Safety.
41. Elevations. Elevations of all buildings and structures submitted for building plan check
approval shall be in substantial conformance with the elevations shown on APPROVED
EXHIBIT B.
If building plans are proposed that alter the elevations as shown on APPROVED EXHIBIT
B a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1), or
subsequent City ordinance (Plot Plans not subject to the California Environmental Quality
Act and not subject to review by any governmental agency other than the Community
Development Department), along with the current fee shall be submitted to the Community
Development Department for review and approval. If substantial modifications are
proposed to the elevations, the Community Development Director may determine that
Planning Commission review and approval is required.
42. Floor Plans. Floor plans shall be in substantial conformance with that shown on
APPROVED EXHIBIT C.
43. Lighting. The building plans shall show the location and types of light fixtures that will be
within the project site and on the building. Lighting fixtures shall be decorative. Shoe-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.
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
11.1.d
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comply with the requirements of the City of Menifee Municipal Code Chapter 6.01 and the
General Plan.
44. Roof-Mounted Equipment Plans. Roof-mounted equipment shall be shielded from
ground view. All building plans shall show all roof-mounted equipment and methods for
screening and shall be submitted to the Community Development Department for review
and approval prior to Building Permit issuance. The plans shall be approved prior to
issuance of a Building Permit. Screening material shall be subject to Community
Development Department approval. Community Development staff will verify that all roof-
mounted equipment has been screened in compliance with the approved plans prior to
final occupancy.
45. Enhanced Paving. Building plans shall show enhanced paving consistent with Approved
Exhibits A and L.
46. Electrical Cabinets. All electrical cabinets shall be located inside a room that is
architecturally integrated into the design of the building.
47. Screening of Accessory Structures. Screening of trash receptacles within trellised
enclosures and encasing mechanical equipment within small structures compatible in
color and materials to the adjacent landscaping or the primary structures shall be required,
and methods of screening shall be included on building plans and/or landscaping plans.
48. Security Systems. Prior to the issuance of Building Permits, the applicant shall prepare
a security plan for the site. The security plan for this project shall include a comprehensive
security camera system that provides 360-degree coverage on the outside of the buildings
and clearly depicts the entire parking field, parking lot entrances and exits, and building
entrances. This security camera system shall be based in one of the buildings containing
the management office for this development, or inside a security office located within one
of the retail buildings or other place acceptable to the Sheriff’s Department, that is
accessible to law enforcement at all times of the day and night. This security camera
system shall have a recording capacity to minimally save footage for the period of one
month. The plan shall be approved prior to issuance of Building Permits.
In addition, the trash enclosure shall be properly secured and have a lock as well as a
covering to keep unauthorized persons from entering the dumpster area to dig through the
trash.
The Sheriff’s Department shall verify that the security system and trash enclosure
requirements has been installed prior to final occupancy.
Landscaping
49. Performance Securities. Performance securities, in amounts to be determined by the
Director of Community Development to guarantee the installation of plantings, irrigation
system, walls and/or fences, in accordance with the approved plan, shall be filed with the
Department of Community Development. Securities may require review by City Attorney
and other staff. Permit holder is encouraged to allow adequate time to ensure that
securities are in place. The performance security may be released one year after structural
final, inspection report, and the One-Year Post Establishment report confirms that the
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planting and irrigation components have been adequately installed and maintained. A
cash security shall be required when the estimated cost is $2,500.00 or less.
50. Landscape and Irrigation Plans. The permittee shall submit three (3) sets of Final
Landscaping and Irrigation Plans to the Community Development Department for review
and approval. Said plan shall be submitted to the Division in the form of a plot plan
application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to
the California Environmental Quality Act and not subject to review by any governmental
agency other than the Community Development Department) and Menifee Municipal Code
Section 9.86, along with the current fee.
The plan shall be in substantial conformance with APPROVED EXHIBIT L, Menifee
Municipal Code Chapters 9.86 and 15.04, and the conditions of approval. The plan shall
show all common open space areas. The plan shall address all areas and conditions of
the project requiring landscaping and irrigation to be installed. Emphasis shall be placed
on using plant species that are drought tolerant and which have low water usage.
Landscaping and Irrigation Plot Plans shall be prepared consistent with Menifee Municipal
Code Chapters 9.86 and 15.04 (as adopted and any amendments thereto), the Riverside
County Guide to California Landscaping, Eastern Municipal Water District requirements
and Ordinance No. 348, Section 18.12.
Landscaping plans for areas that are totally within the road right-of-way shall be submitted
to the Engineer Department only. Slope Landscaping plans for slopes exceeding 3 feet in
height shall be submitted to the Engineering Department. NOTES: The Landscape plot
plan may include the requirements of any other minor plot plan required by the subdivision
conditions of approval. However, minor plot plan conditions of approval shall be cleared
individually.
The location, number, genus, species, and container size of plants shall be shown. Plans
shall meet all applicable requirements of Menifee Municipal Code Chapters 9.86 and
15.04 (as adopted and any amendments thereto), the Riverside County Guide to California
Friendly Landscaping, Eastern Municipal Water District requirements and Ordinance No.
348, and Sections 18.12
Curb and Walkway on End Stall Planters. A six-inch-high curb with a twelve (12) inch
wide walkway shall be constructed along planters on end stalls adjacent to automobile
parking areas. Public parking areas shall be designed with permanent curb, bumper, or
wheel stop or similar device so that a parked vehicle does not overhang required
sidewalks, planters, or landscaped areas.
Director Authority to Defer. The Community Development Director shall have the authority
to defer the requirement that the landscape and irrigation plans be approved prior to
building permit issuance. Any deferral of the approval of the plans will be based on the
status of the plans and severity of outstanding corrections. However, the requirement to
submit plan prior to building permit issuance shall not be deferred.
51. Landscape 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 installation, installation, Six Month, and One Year Landscape Inspections.
The amount of hours for pre installation, installation, Six Month, and One Year Landscape
Inspections is estimated to be $5,000.
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Fees
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. 17-232 (DIF). Prior to issuance of certificate of occupancy, the applicant
shall comply with the provisions of Ordinance No. 17-232, which requires the payment of
the appropriate fee set forth in the Ordinance. Ordinance No. 17-232 has been established
to set forth policies, regulations and fees related to the funding and construction of facilities
necessary to address the direct and cumulative environmental effects generated by new
development projects described and defined in this Ordinance, and it establishes the
authorized uses of the fees collected.
In the event Ordinance No. 17-232 is rescinded, this condition will no longer be applicable.
However, should Ordinance No. 17-232 be rescinded and superseded by a subsequent
City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance
shall be required.
54. Menifee Union School District. Impacts to the Menifee Union School District shall be
mitigated in accordance with California State law.
55. Perris Union High School District. Impacts to the Perris Union High School District shall
be mitigated in accordance with California State law.
Prior to Final Inspection
56. Elevations. Elevations of all buildings and structures shall be in substantial conformance
with the elevations shown on the APPROVED EXHIBIT B.
57. Roof Mounted Equipment. Prior to final occupancy, Community Development staff will
verify that all roof-mounted equipment has been screened in compliance with the
approved plans.
58. 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.
59. Lighting. Exterior lighting shall be consistent with the approved lighting plans.
60. Condition Compliance. The Community Development Department shall verify that the
Development Standards and all other preceding conditions have been complied with prior
to any use allowed by this permit.
61. Security Systems. The Riverside County Sheriff Department and/or Community
Development Department shall verify that the security system has been installed and the
trash enclosure has been property secured in compliance with the Riverside County
Sheriff Department’s requirements prior to final occupancy.
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62. Final Planning Inspection. The permittee shall obtain final occupancy sign-off from the
Community Development Department for each building permit issued by scheduling a final
Planning inspection prior to the final sign-off from the Building Department. Planning staff
shall verify that all pertinent conditions of approval have been met, including compliance
with the approved elevations, site plan, parking lot layout, etc. The permittee shall have
all required paving, parking, walls, site lighting, landscaping and automatic irrigation
installed and in good condition.
Landscaping
63. Soil Management Plan. The permittee shall submit a Soil Management Plan (Report) to
the Community Development Department before the Landscape 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?”
64. 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.
65. Landscape Installation. All required landscape planting and irrigation, including but not
limited to onsite, shall have been installed in accordance with approved Landscaping,
Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and
any amendments thereto), Eastern Municipal Water District requirements and the
Riverside County Guide to California Landscaping. All 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.
66. Final Landscape Approval. The final landscape approval following installation shall be
subject to the review and approval of the City’s Landscape Architectural Consultant and
the Community Development Director. The Community Development Director may require
additional trees, shrubs and/or groundcover as necessary, if site inspections reveal
landscape deficiencies that were not apparent during the plan review process.
Fees
67. Open Space Fee (MSHCP). Prior to the issuance of a certificate of occupancy, or upon
building permit final inspection prior to use or occupancy for cases without final inspection
or certificate of occupancy (such as an SMP), whichever comes first, the permittee shall
comply with the provisions of City Ordinance No. 810 (hereinafter Ordinance No. 810),
which requires the payment of the appropriate fee set forth in the Ordinance.
In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable.
However, should Ordinance No. 810 be rescinded and superseded by a subsequent
11.1.d
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mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall
be required.
68. Fees. Prior to issuance of occupancy/final inspections, the Community Development
Department shall determine if the deposit-based fees for project are in a negative balance.
If so, any outstanding fees shall be paid by the permittee.
11.1.d
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Section III:
Engineering/Transportation/
Grading Conditions of Approval
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The following are the City of Menifee Public Works / Engineering Department (Public
Works / Engineering Department) Conditions of Approval for this development project,
which shall be satisfied at no cost to the City or any other Government Agency. All
questions regarding the intent of the following conditions shall be referred to the Public
Works / Engineering Department, Land Development Section. The developer / property
owner shall use the standards and design criteria stated in the following conditions, and
shall comply with all applicable City of Menifee standards and ordinances. Should a
conflict arise between City of Menifee standards and design criteria, and any other
standards and design criteria, those of the City of Menifee shall prevail.
A. GENERAL CONDITIONS
69. Conditions of Approval Supersede Plans and Exhibits – It is understood that all
required plans and exhibits for this project must correctly show existing and proposed
facilities, acceptable dimensions, centerline elevations, all existing easements, traveled
ways, cross sections, and other required information. Any omission or unacceptability
may require this documentation to be resubmitted for further consideration. In the event
that there is a conflict between what is shown on the required plans and exhibits and these
conditions, these conditions will supersede what is shown on the plans and exhibits. All
questions regarding the true meaning of these conditions shall be referred to the Public
Works / Engineering Department.
70. Guarantee for Required Improvements – Prior to the issuance of a grading permit or
building permit, financial security shall be provided to guarantee the construction of all
required improvements associated with the proposed development. The Public Works
Director / City Engineer may require the dedication and construction of necessary utilities,
streets or other improvements outside the project area if the improvements are needed
for circulation, parking and access or for the welfare and safety of future occupants of the
development project.
71. Bond Agreements and Improvement Security – To guarantee the construction of all
required improvements, the developer / property owner shall enter into security
agreements and post bonds in accordance with applicable City policies and ordinances.
The improvements shall include as applicable, but not be limited to, the following: onsite /
offsite grading, raised medians along Newport Road, water and sewer lateral trenches
and repairs, and water quality Best Management Practices (BMPs).
72. Existing Easements – The final improvement plans and grading plans (if applicable) shall
correctly show all existing easements, traveled ways and drainage courses with
appropriate drainage flows. The final plans shall also correctly show all proposed
easements and dedications to support the development project. Any omission or
misrepresentation of these documents may require said plans to be resubmitted for further
consideration.
73. Engineered Plans – All improvement plans and grading plans shall be drawn on twenty-
four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other
registered / licensed professional as required.
74. Plan Check Submittal Process – Appropriate plan check submittal forms shall be
completed and submittal check list provided that includes required plan copies, necessary
11.1.d
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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.
75. Plan Approvals – All required improvement plans and grading plans must be approved
by the Public Works / Engineering Department prior to issuance of any construction and /
or grading permit. Supporting City-approved studies including, but not limited to,
hydrologic and hydraulic studies and traffic studies must be provided prior to approval of
plans.
76. As-Built Plans – Upon completion of all required improvements, the developer / property
owner shall cause the civil engineer of record to as-built all project plans, and submit
project base line of work for all layers on a USB drive to the Public Works / Engineering
Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made
up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI
extension .gdb). If the required files are unavailable, the developer / property owner shall
pay a scanning fee to cover the cost of scanning the as-built plans. The timing for
submitting the as-built plans shall be as determined by the Public Works Director / City
Engineer.
77. Construction Activities and Times of Operation – The developer / property owner shall
monitor, supervise, and control all construction and construction-related activities to
prevent them from causing a public nuisance including, but not limited to, strict adherence
to the following:
(a) Any construction within the City located within one-fourth of a mile from an occupied
residence shall be permitted Monday through Saturday, except nationally recognized
holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or
nationally recognized holidays unless approval is obtained from the City Building Official
or City Engineer. (Ord. 2010-83, passed 11-16-2010)
(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 developer / property owner 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.
11.1.d
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(d) A Pre-Construction meeting is mandatory with the City’s Public Works Senior Inspector
prior to start of any construction activities for this site.
78. 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 (kV) or below along the project frontage
and within the project boundaries. In cases where 33.6kV or below lines are collocated
with high voltage lines (for example, 115kV), the low voltage lines shall still be placed
underground even when the high voltage lines are exempt from relocation or
undergrounding in accordance with City standards and ordinances. Exemption from
undergrounding low voltage lines shall only be by the Public Works Director / City Engineer
or as directed by the City Council.
B. GRADING
All grading activities shall conform to the latest adopted edition of the California Building
Code, City Ordinances on grading, applicable City design standards and specifications,
City ordinances, policies, rules and regulations governing grading in the City.
Prior to Grading Permit
79. Geotechnical Report – The following documentation was reviewed and approved by the
City:
1. “Preliminary Geotechnical Interpretive Report, Proposed Commercial Medical Building,
Assessor’s Parcel Number 338-170-028, Lot Number 2 of Parcel Map Number 37103,
Located at 26900 Newport Road, City of Menifee, Riverside County, California”, prepared
by Earth Strata Geotechnical Services, Inc., dated May 11, 2018.
A Final geotechnical report shall be submitted to and approved by the Public Works /
Engineering Department prior to the issuance of a grading permit. Two copies of the City-
approved final geotechnical report shall be submitted to the Public Works / Engineering
Department. The developer / property owner shall comply with the recommendations of
the report and City standards and specifications. All grading shall be done in conformance
with the recommendations of the report, and under the general direction of a licensed
geotechnical engineer.
80. Grading Permit for Clearing and Grubbing – A grading permit is required from the
Public Works / Engineering Department prior to any clearing, grubbing, or any topsoil
disturbances related to construction grading activities involving 50 or more cubic yards of
soil.
81. Erosion Control Plans – All grading plans shall require erosion control plans prior to
approval. Graded but undeveloped land shall provide, in addition to erosion control
measures, drainage facilities deemed necessary to control or prevent erosion. Erosion
and sediment control BMPs are required year-round in compliance with all applicable City
of Menifee standards and ordinances and the National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit from the
California State Water Resources Control Board (SWRCB). Additional erosion protection
11.1.d
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may be required during or before an anticipated rain event.
82. Grading Bonds – Prior to issuance of a grading permit, adequate performance grading
security shall be posted by the developer / property owner with the Public Works /
Engineering Department.
83. Import / Export – Prior to issuance of a grading permit, grading plans involving import or
export of dirt shall require approval of the import / export locations from the Public Works
/ Engineering Department, which may include submittal of a soils report for review and
approval by the Public Works Director / City Engineer. A haul route must be submitted for
approval by the Public Works / Engineering Department prior to grading operations.
84. Offsite Grading Easements – Prior to the issuance of a grading permit, the developer /
property owner shall obtain all required easements and / or permissions to perform offsite
grading from affected land owners. Notarized and recorded agreements or documents to
the satisfaction of the Public Works Director / City Engineer, authorizing the offsite grading,
shall be submitted to the Public Works / Engineering Department.
DESIGN GUIDELINES
85. Temporary Erosion Control Measures – Temporary erosion control measures shall be
implemented immediately following rough grading to prevent deposition of debris onto
downstream properties or drainage facilities. Plans showing these measures shall be
submitted to the Public Works / Engineering Department for review and approval.
86. Dust Control – During actual grading, all necessary measures to control dust shall be
implemented by the developer / property owner in accordance with Air Quality
Management District (AQMD) requirements. A watering device shall be present and in
use at the project site during all grading operations.
87. Use of Maximum and Minimum Grade Criteria – Actual field construction grades shall
not exceed the minimum and maximum grades specified by the Americans with
Disabilities Act and approved project grading design, to allow for construction tolerances.
Any improvement that is outside of the minimum and maximum values will not be accepted
by the City Inspector, and will have to be removed and replaced at the expense of the
developer / property owner.
Prior to Building Permit
88. No Building Permit without Grading Permit – Prior to issuance of any building permit,
the developer / property owner shall obtain a grading permit and / or approval to construct
from the Public Works / Engineering Department.
89. Final Rough Grading Conditions – Prior to issuance of each building permit, the
developer / property owner shall cause the Civil Engineer of Record and Soils Engineer
of Record for the approved grading plans to submit signed and wet stamped rough grade
certification and compaction test reports with 90% or better compaction. The certifications
shall use City-approved forms, and shall be submitted to the Public Works / Engineering
Department for verification and acceptance.
90. Rough Grade Conformance to Elevations / Geotechnical Compaction – Rough grade
11.1.d
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elevations for all building pads and structure pads submitted for grading plan check
approval shall be in substantial conformance with the elevations shown on the approved
grading plans. Compaction test certification shall be in compliance with the approved
project geotechnical / soils report.
Prior to Certificate of Occupancy
91. Final Grade Certification – The developer / property owner shall cause the Civil Engineer
of Record for approved grading plans to submit signed and wet stamped final grade
certification on City-approved forms, for each building requesting a certificate of
occupancy. The certification shall be submitted to the Public Works / Engineering
Department for verification and acceptance.
92. Final Grade Conformance to Elevations – Final grade elevations of all building or
structure finish floors submitted for grading plan check approval shall be in substantial
conformance with the elevations shown on the approved grading plans.
C. DRAINAGE
General Conditions
93. Proposed Drainage Concept – The site is relatively flat, and drains northerly to the
Bradley Road Channel, which is owned and maintained by the Riverside County Flood
Control and Water Conservation District (Flood Control District), then flows northerly to
Salt Creek, then westerly to Canyon Lake. Adjacent drainage includes storm drain flow
from the east, from the existing shopping center into the project site. Minimal storm water
enters the project site from the west, and no storm water enters from the north or south.
The developer is proposing to route onsite flows from this development project to a bio-
treatment system (Modular Wetland) at the northwestern corner of the project site, before
out-letting to the existing Bradley Road Channel. Offsite flows from Newport Road flow
westerly along the north side of Newport Road away from the project site and into the
Bradley Road Channel. All onsite water quality / drainage systems must be
constructed and operational prior to the issuance of a Certificate of Occupancy.
94. Trash Racks and Full Capture Devices – City-approved Trash Racks and Full Capture
Devices shall be installed at all inlet structures that collect runoff from open areas with
potential for large, floatable debris.
Prior to Grading Permit
95. Perpetual Drainage Patterns (Easements) – Any grading that may be performed shall
be designed in a manner that perpetuates the existing natural drainage patterns and
conditions with respect to tributary drainage areas and outlet points. Where these
conditions are not preserved, necessary drainage easements shall be obtained from all
affected property owners for the release onto their properties of concentrated or diverted
storm flows. A copy of the recorded drainage easement shall be submitted to the Public
Works / Engineering Department for review.
96. Protection of Downstream Properties – If the proposed development alters natural
drainage patterns by concentrating or diverting flow, then the developer / property owner
shall protect downstream properties from damages that can be caused by such alteration
11.1.d
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of natural drainage patterns. Protection shall be provided by constructing adequate
drainage facilities, including enlarging existing facilities and securing necessary drainage
easements.
97. Submit Plans – A copy of the improvement plans, grading plans, environmental constraint
sheet, BMP improvement plans, and any other necessary documentation, along with
supporting hydrologic and hydraulic calculations, shall be submitted to the Public Works /
Engineering Department for review and approval prior to issuance of a grading permit. All
submittals shall be date stamped by the engineer and include a completed City Deposit
Based Fee Worksheet and the appropriate plan check fee deposit.
98. Written Permission for Grading – For any offsite grading that may be performed, written
permission shall be obtained from the affected property owners, allowing the proposed
grading and / or facilities to be installed outside of the project development site boundaries.
A copy of the written authorization shall be submitted to the Public Works / Engineering
Department for review and approval.
DRAINAGE DESIGN CRITERIA
99. Drainage Grade – Minimum drainage design grade shall be 1 percent (1%). The engineer
of record must submit a variance request for design grades less than what is stated here,
along with a justification for the lesser grade.
100. Site Drainage – Positive drainage of the site shall be provided, and water shall not be
allowed to pond behind or flow over cut and fill slopes. Where water is collected and
discharged in a common area, planting erosion resistant vegetation shall provide
protection of the native soils. All cut and fill slopes shall have a maximum 2:1 grade
(horizontal to vertical ratio), unless determined otherwise by the Public Works Director /
City Engineer.
D. WASTE MANAGEMENT
General Conditions
101. 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:
Source separate recyclable and/or compostable material from solid waste and donate or
self-haul the material to recycling facilities.
2. Subscribe to a recycling service with their waste hauler.
3. Provide recycling service to their tenants (if commercial or multi-family complex).
4. Demonstrate compliance with the requirements of California Code of Regulations Title 14.
For more information please visit:
www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#mandatory
11.1.d
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102. AB 1826 – AB 1826 requires businesses that generate eight (8) cubic yards or more or
organic waste per week, to arrange for organic waste recycling services. The threshold
amount of organic waste generated requiring compliance by businesses is reduced in
subsequent years. Businesses subject to AB 1826 shall take at least one of the following
actions in order to divert organic waste from disposal:
1. Source separate organic material from all other recyclables and donate or self-haul to a
permitted organic waste processing facility.
2. Enter into a contract or work agreement with gardening or landscaping service provider or
refuse hauler to ensure the waste generated from those services meet the requirements
of AB 1826.
3. Consider xeriscaping and using drought tolerant / low maintenance vegetation in all
landscaped areas of the project.
As of January 1, 2019, the above requirements are now applicable to businesses that
generate four (4) or more cubic yards of solid waste per week and one (1) or more cubic
yards of organic waste per week. Additionally, as of January 1, 2019, a third trash bin is
now required for organics recycling, which will require a larger trash enclosure to
accommodate three (3) trash bins. This development may be subject to this requirement.
Prior to Building Permit
103. Recyclables Collection and Loading Area Plot Plan during Construction – Prior to
the issuance of a building permit, the developer / property owner shall submit three (3)
copies of a Recyclables Collection and Loading Area plot plan to the Public Works /
Engineering Department for review and approval. This plot plan shall show the location
of and access to the collection area for recyclable materials, along with its dimensions and
construction detail, including elevation / façade, construction materials and signage. The
plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed
by the hauler.
104. Waste Recycling Plan during Construction – Prior to the issuance of a building permit,
a Waste Recycling Plan (WRP) shall be submitted to the Public Works / Engineering
Department for review and approval. The WRP should include, as a minimum, the
following information:
1. The waste materials (i.e., concrete, asphalt, wood, etc.) that will be generated by the
construction activity associated with this development and the projected amounts of each
material.
2. The measures / methods that will be taken to recycle, reuse, and / or reduce the amount
of waste materials generated.
3. The facilities and / or haulers that will be utilized.
4. The targeted recycling or reduction rate.
11.1.d
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During project construction, the project site shall have, as a minimum, two (2) bins; one
for waste disposal and the other for the recycling of Construction and Demolition (C&D)
materials. Additional bins are encouraged to be used for further source separation of C&D
recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable
materials and solid waste disposal must be kept. Arrangements can be made through the
franchise hauler. The Public Works / Engineering Department can provide assistance in
preparing the WRP if requested.
Prior to Certificate of Occupancy
105. Waste Management Clearance – Prior to issuance of a certificate of occupancy for each
building, evidence (i.e., receipts or other type of verification) shall be submitted to
demonstrate project compliance with the approved WRP to the Public Works / Engineering
Department in order to clear the project for occupancy permits. Receipts must clearly
identify the amount of waste disposed and C&D materials recycled.
E. TRAFFIC ENGINEERING, STREET IMPROVEMENTS, AND DEDICATIONS
General Conditions
106. Site Plan – It is understood that the site plan must correctly show acceptable centerline
elevations, all existing easements, traveled ways, cross sections, and drainage courses
with appropriate drainage flows. Any omission or unacceptability may require the site plan
to be resubmitted for further consideration. In the event that there is a conflict between
what is shown on the site plan and these conditions, these conditions will supersede what
is shown on the site plan and any attachments to the site plan, including other plans or
exhibits. All questions regarding the true meaning of these conditions shall be referred to
the Public Works / Engineering Department.
107. Traffic Assessment – A Traffic Assessment, dated June 22, 2018, prepared by Rick
Engineering Company was submitted to and approved by the Public Works / Engineering
Department. The conclusions of this assessment were as follows:
a. The nearby project area intersections and roadway segments were calculated to operate at
acceptable levels of service (LOS), meaning LOS C or better, with the exception of the
Newport Road / Bradley Road intersection, which was calculated to operate at LOS F for
the A.M. and P.M. peak hours.
b. No significant impacts were calculated at any of the intersections and roadway segments,
based on the City’s criteria, since the project is anticipated to generate fewer peak hour
trips than the 50 vehicle threshold.
Based on its review of the Traffic Assessment, the Public Works / Engineering Department
has generally concurred with its findings and therefore does not require a detailed traffic
analysis to be performed.
108. Paving or Paving Repairs – The developer / property owner shall be responsible for
obtaining the paving inspections required from the Public Works / Engineering
Department. Paving and / or paving repairs for utility street cuts shall be per City of Menifee
Standards and Specifications and as approved by the Public Works Director / City
Engineer.
11.1.d
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109. 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.
110. Street Light Plan – A street lighting plan is required for this project. The street lighting
plan shall be submitted to the City and approved by the City prior to approval of the final
improvement plans. Street lighting shall be designed in accordance with the latest City
Standards and Specifications for LS-3 street light rates, and as determined by the Public
Works Director / City Engineer.
111. Onsite and Offsite Street Lights Ownership and Maintenance – All proposed public
and private street lights shall be designed in accordance with City-approved standards
and specifications, or as determined and approved by the Public Works Director / City
Engineer. The City shall have ownership and maintenance of all proposed public street
lights and associated appurtenances, and shall be provided with adequate service points
for power. The design shall be incorporated in the project’s street improvement plans or
in a separate street light plan as determined and approved by the Public Works Director /
City Engineer.
112. Streetlight Design as LS-3 Rate Lights – All new streetlights, other than traffic signal
safety lights, shall be designed as LS-3 rate lights in accordance with City-approved
standards and specifications, and as determined by the Public Works Director / City
Engineer.
113. Street Light Service Point Addressing – The developer shall coordinate with the Public
Works / Engineering Department and with Southern California Edison the assignment of
addresses to required street light service points. Service points serving public streetlights
shall be owned by the City and shall be located within public right-of-way (ROW) or within
duly dedicated public easements.
Prior to Building Permit
114. Sight Distance Analysis – Sight distance analysis shall be conducted at all project
roadway entrances for conformance with City sight distance standards. The analysis shall
be reviewed and approved by the Public Works Director / City Engineer, and shall be
incorporated in the final grading plans, street improvement plans, and landscape
improvement plans.
115. Construction Traffic Control Plan – Prior to start of any project related construction, the
developer / property owner shall submit to the Public Works / Engineering Department for
review and approval, a Construction Traffic Control Plan in compliance with all applicable
City ordinances, standards and specifications, and the latest edition of the California
Manual on Uniform Traffic Control Devices. This traffic control plan shall address impacts
from construction vehicular traffic, noise and dust, and shall propose measures to mitigate
these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of
public road ROW during construction. The plan shall specify the following mitigation
measures to address the following:
(a) The estimated day(s), time(s) and duration of any lane closures that are anticipated to be
required by Project construction.
11.1.d
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(b) Safety measures such as, but not limited to, signage, flagmen, cones, advance community
notice, or other acceptable measures to the satisfaction of the Public Works / Engineering
Department. The purpose of these measures shall be to safely guide motorists, cyclists,
and pedestrians, and minimize traffic impacts and ensure the safe and even flow of traffic
consistent with City level of service standards and safety requirements.
(c) A notification to the Public Works / Engineering Department at least five (5) business days
in advance of any planned lane closure that will be caused by Project construction. The
City shall evaluate any other known lane closures, construction activities, or special events
that may conflict with the Project’s scheduled lane closure or create additional impacts to
traffic flow, and, if deemed necessary by the Public Works / Engineering Department, the
Project’s lane closure may be postponed or rescheduled.
(d) A dirt haul route plan shall be submitted for approval prior to any import / export grading
operation. The plan shall identify all origins and destinations and the time for haul period,
and the haul routes shall be approved by the Traffic Engineer. Haul routes shall not be
permitted on residential streets without the approval of the Traffic Engineer. The traffic
control application, location, and type of traffic control shall be shown on the plan. Daily
street sweeping is required during all hauling operations.
116. Improvement Bonds – Prior to issuance of a building permit, the developer / property
owner shall enter into a bond agreement and post acceptable bonds or security, to
guarantee the completion of all required onsite and offsite improvements. The bonds shall
be in accordance with all applicable City ordinances, resolutions and municipal codes (See
also bond agreement condition under General Conditions).
117. Encroachment Permits – The developer / property owner shall obtain all required
encroachment permits and clearances prior to start of any work within City, State, or local
agency ROW.
Prior to Certificate of Occupancy
118. Street Lights Installation – Install streetlights along the streets associated with the
development project, in accordance with the City-approved street lighting plans and
standards. It shall be the responsibility of the Developer to ensure that streetlights are
energized along the streets of those lots where the Developer is seeking Final Inspection
for Certificate of Occupancy.
119. Driveways and Driveway Approaches – Final driveway geometrics may be modified in
final engineering as approved by the Public Works Director / City Engineer. Driveways
and driveway Approaches shall be designed and constructed per City standards. Prior to
issuance of a Certificate of Occupancy, required driveways shall be constructed.
F. WATER, SEWER, AND RECYCLED WATER
General Conditions
120. Meet Minimum Standards – All water, sewer and recycled water improvements, as well
as required auxiliaries and appurtenances, shall be designed per current City ordinances
and Eastern Municipal Water District (EMWD) standards and specifications. The final
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design, including pipe sizes and alignments, shall be subject to the approval of EMWD.
121. 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.
122. Onsite and Offsite Sewer, Water and Recycled Water Improvements – All public
onsite and offsite sewer, water and recycled water improvements shall be guaranteed for
construction prior to issuance of a building permit.
G. NPDES AND WQMP
All City of Menifee requirements for NPDES and Water Quality Management Plans
(WQMPs) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater
/ Urban Runoff Management Program unless otherwise approved by the Public Works
Director / City Engineer. This project is required to submit a project specific WQMP
prepared in accordance with the latest WQMP guidelines approved by the Regional Water
Quality Control Board.
Prior to Building Permit
123. Project Specific WQMP – The developer / property owner submitted a Preliminary
WQMP, prepared by Landmark Engineering Corporation, dated December 9, 2015. The
Public Works / Engineering Department has reviewed this report and granted conditional
approval, pending the developer / property owner addressing the following remaining
Engineering comments in the Final WQMP during the Final Engineering phase:
a. Revise the WQMP to show that a Modular Wetlands system is now being used, instead
of an Infiltration Trench and Permeable Pavement, in accordance with previous
communications that were held between the developer / property owner and the City.
b. Include updated calculations and other appropriate supporting documentation in the
WQMP to be consistent with the BMPs that are now being proposed.
Final / approved construction plans shall incorporate all of the structural BMPs identified
in the approved Final WQMP. The final developed project shall implement all structural
and non-structural BMPs specified in the approved Final WQMP. One copy of the
approved Final WQMP on a USB drive in pdf format shall be submitted to the Public Works
/ Engineering Department.
124. WQMP Right of Entry and Maintenance Agreement – Prior to, or concurrent with the
approval of the Final WQMP, the developer / property owner shall enter into an acceptable
Right of Entry and Maintenance Agreement with the City to inform future property owners
of the requirement to perpetually implement the approved Final WQMP.
Prior to Certificate of Occupancy
125. Implement Project Specific WQMP – All structural BMPs described in the approved Final
WQMP shall be constructed and operational in conformance with approved plans and
specifications. It shall be demonstrated that the developer / property owner is prepared to
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implement all BMPs described in the approved Final WQMP and that copies of the
approved Final WQMP are available for the future owners / occupants. The City will not
release occupancy permits for any portion of the project prior to the completion of the
construction of all required structural BMPs, and implementation of non-structural BMPs.
An exception may be granted for BMPs not serving a Drainage Management Area where
no Certificate of Occupancy is being sought.
126. WQMP / BMP Education – Prior to issuance of a Certificate of Occupancy, the developer
/ property owner shall provide the City proof of notification to future occupants, of all BMPs
and educational and training requirements for said BMPs as directed in the approved Final
WQMP. At a minimum, acceptable proof of notification must be in the form of a notarized
affidavit. The developer must provide to the Public Works / Engineering Department a
notarized affidavit stating that the distribution of educational materials to future occupants
has been completed prior to issuance of occupancy permits. NPDES Public Educational
Program materials may be obtained from the Flood Control District - NPDES Section by
accessing the Flood Control District's website at www.floodcontrol.co.riverside.ca.us.
H. CITYWIDE Community Facilities District (CFD) 2015-2 or 2017-1
Prior to Building Permit
127. Annexation to the Citywide CFD 2015-2 or 2017-1 – Prior to issuance of a building
permit, the developer / property owner shall complete the annexation of the proposed
development project into the boundaries of CFD 2015-2 or 2017-1, as determined by the
Public Works Director / City Engineer. The CFD shall be responsible for the maintenance
of public improvements or facilities that benefit this development, including but not limited
to, streetlights, street sweeping / maintenance, graffiti abatement and other public
improvements or facilities as approved by the Public Works Director / City Engineer.
The developer / property owner shall be responsible for all costs associated with the
annexation of the proposed development in the citywide CFD.
128. Landscape Improvement Plans – Landscape improvements within public ROW shall be
prepared for review and approval by the Public Works / Engineering Department, in
accordance with City standards and specifications. The plans may be prepared as one
plan for the entire project, as determined by the Public Works Director / City Engineer, and
shall be reviewed and approved by the Public Works / Engineering Department prior to
the issuance of a building permit.
129. Maintenance Exhibit – Prior to issuance of a building permit, the developer / property
owner shall prepare an exhibit that shows all areas and facilities to be maintained by the
CFD. The exhibit shall be reviewed and approved by the Community Development
Department and the Public Works / Engineering Department.
I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
General Conditions
11.1.d
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130.Fees and Deposits – Prior to approval of grading plans, improvement plans, issuance of
building permits, and / or issuance of certificate of occupancy, the developer / property
owner shall pay all fees, deposits as applicable. These shall include the regional
Transportation Uniform Mitigation Fee (TUMF), Development Impact Fees (DIF), and any
applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be
collected at the rate in effect at the time of collection as specified in current City resolutions
and ordinances.
Prior to Certificate of Occupancy
131.TUMF Fees – Prior to the issuance of a certificate of occupancy, 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 City-adopted Ordinances
governing the TUMF program.
11.1.d
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Section IV:
Building and Safety Conditions of
Approval
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General Requirements
132. Final Building & Safety Conditions. Final Building & Safety Conditions will be addressed
when building construction plans are submitted to Building & Safety for review. These
conditions will be based on occupancy, use, the California Building Code (CBC), and
related codes which are enforced at the time of building plan submittal.
133. Compliance with Code. All Design components shall comply with applicable provisions
of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016
California Electrical Code; California Administrative Code, 2016 California Energy Codes,
2016 California Green Building Standards, California Title 24 Disabled Access
Regulations, and City of Menifee Municipal Code.
If the plans are submitted to the City of Menifee on or after January 01, 2020, the plans
shall be designed in accordance with the 2019 edition of the California Building, Plumbing
and Mechanical Codes; 2016 California Electrical Code; California Administrative Code,
2019 California Energy Codes, 2019 California Green Building Standards, California Title
24 Disabled Access Regulations, and City of Menifee Municipal Code.
134. ADA Access. Applicant shall provide details of all applicable disabled access provisions
and building setbacks on plans to include:
a. Disabled access from the public way to the main entrance of the building.
b. Van accessible parking located as close as possible to the main entrance of the building.
c. Accessible path of travel from parking to the furthest point of improvement.
d. Path of accessibility from parking to furthest point of improvement.
e. Accessible path of travel from public right of way to all public areas on site, such as
enclosures, clubhouses and picnic areas.
135. 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.
136. Street Name Addressing. Applicant must obtain street name addressing for all proposed
buildings by requesting street name addressing and submitting a site plan for commercial,
residential/tract, or multi-family residential projects.
137. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and
permit approvals prior to commencement of any construction work.
138. 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.
139. Demolition. (If applicable) Demolition permits require separate approvals and permits.
AQMD notification and approval may be required.
11.1.d
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140. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate
approvals and permits. A total of 6 sets shall be submitted.
141. Hours of Construction. Signage shall be prominently posted at the entrance of the
project indicating the hours or construction, as allowed by the City of Menifee Municipal
Ordinance 8.01.010, for any site within one-quarter mile of an occupied residence. The
permitted hours of construction are Monday through Saturday 6:30am to 7:00pm. No work
is permitted on Sundays and nationally recognized holidays unless approval is obtained
from the City Building Official or City Engineer.
142. House Electrical Meter. Provide a house electrical meter to provide power for the
operation of exterior lighting, irrigation pedestals and fire alarm systems for each building
on the site. Developments with single user buildings shall clearly show on the plans how
the operation of exterior lighting and fire alarm systems when a house meter is not
specifically proposed.
143. Roof Drains. Drainage water collected from a roof, awning, canopy or marquee, and
condensate from mechanical equipment shall not flow over a public walking surface.
144. Protection of drains and penetration. Protection of joints and penetrations in fire
resistance-rated assemblies shall not be concealed from view until inspected for all
designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant
penetrations shall be installed by individuals with classification or certification covering the
installation of these systems. Provide certification for the installation of each area and
certification of compliance for Building Officials/Fire Marshal’s approval.
At Plan Review Submittal
145. 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 precise grading plan to verify accessibility for persons with disabilities.
c. Truss calculations that have been stamped by the engineer of record of the building and
the truss manufacturer engineer. Maybe a deferred submittal.
d. Eastern Municipal Water District (EMWD) First Release Required.
Prior to Issuance of Grading Permits
146. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately
from the building plans, shall be submitted to Building & Safety for review and approval.
147. Demolition Permits. (If applicable) A demolition permit shall be obtained if there is an
existing structure to be removed as part of the project. AQMD shall be notified and a
Permit/Release shall be submitted to Building and Safety, Prior to Permit Issuance.
Prior to Issuance of Building Permits
148. Plans require Stamp of Registered Professional. Applicant shall provide appropriate
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stamp of a registered professional with original signature on the plans. Electronic
Signature is acceptable. All associated Building Fees to be paid.
149. Each Department is required to Approve, with a signature.
Prior to Temporary Certificate of Occupancy
150. Temporary Certificate of Occupancy. Application and deposit to be submitted, a
minimum of 5 working days prior to effective date. Each department is required to
provide an Exhibit’ clearly identifying those Conditions of Approval that remain outstanding
with a signature.
Prior to Certificate of Occupancy
151. Each department is required to Review and Approve with a Signature, once ALL
Conditions of Approval have been Met/Approved.
Prior to Final Inspection
152. Each department that has conditions shall have completed and approved their final
inspection prior to requesting the final inspection by the Building and Safety Department.
11.1.d
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Section V:
Fire Department Conditions of
Approval
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General Conditions
153. Water Mains. The water mains shall be capable of providing required fire flow.
154. Water Verification. The required water system, including all fire hydrant(s), shall be
installed and accepted by the appropriate water agency and the Riverside County Fire
Department prior to any combustible material placed in an individual lot. Water plan must
be at the job site.
155. Address. The address shall be posted per the Riverside County Fire Department
standards and will be clearly visible from public roadway.
156. Fire Department Access. Fire apparatus access roads shall extend to within 150 feet of
all portions of the facility and all portions of the exterior walls of the first story of the building
as measured by an approved route around the exterior of the building or facility.
157. Fire Apparatus Access Road Width and Vertical Clearance. Fire apparatus access
roads shall have an unobstructed driving surface width of not less than 24 feet, with an
unobstructed vertical clearance of 13 feet 6 inches. (Carports and covered areas) shall
not impede into access roadway.
158. Turnarounds. A turnaround shall be provided to all building sites on fire apparatus access
roads over 150 feet in length, and shall be within 50 feet of the building. The minimum
outside turning radius for a turnaround shall be 38 feet, not including parking. If a
hammerhead T is used instead, the top of the “T” shall be a minimum of 80 feet in length.
159. Surface Load and Capabilities. Fire apparatus access roads shall be designed to
support the impose loads of fire apparatus 75,000 pound live load (gross vehicular weight)
distributed over two 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.
11.1.d
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Section VI:
Riverside County
Environmental Health
Conditions of Approval
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11.1.d
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11.1.d
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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)
11.1.d
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AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
This Agreement to Indemnify and Hold Harmless (“Agreement”) is entered into,
effective as of January 22, 2020, by and between the CITY OF MENIFEE, a municipal
corporation, on the one hand,(“City”), and S&B Partners, LLC property owner of Baker
Medical Building, LLC, a California Limited Liability Corporation, (“Indemnitor”), on the
other. The City and Indemnitor are herein referred to collectively as the “Parties” and
individually as a “Party.”
RECITALS
Whereas, Bruce Baker has applied to the City for various discretionary approvals
including Plot Plan No. 2018-189, which proposes to construct a 3-story, 5,417 square
foot medical office building (the “Project”) is located north side of Newport Road, west of
Bradley Road, and east of Winter Hawk Road. (APN: 338-170-028 ) (the “Property”); and
Whereas, in connection with the consideration of the above-mentioned
discretionary approvals, Indemnitor has offered to, and hereby agrees that it will, indemnify
and hold the City harmless from any challenges arising from or related to the discretionary
approvals, the Property or the Project as more fully set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and based upon the foregoing recitals, and the terms,
conditions, covenants, and agreements contained herein, the Parties hereto agree as
follows:
1. Incorporation of Recitals. The Recitals set forth above are an integral part of this
Agreement, and are fully incorporated herein.
2. Indemnitors’ Indemnification Obligations. Indemnitor shall indemnify, defend, and
hold harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors, consultants
(which may include the County of Riverside and its employees, officers, officials, and
agents), and agents (herein, collectively, the “Indemnitees”) from and against any and all
claims, liabilities, losses, fines, penalties, and expenses, including without limitation
litigation expenses and attorney’s fees, arising out of either (i) the City’s approval of the
Project or actions related to the Property, including without limitation any judicial or
administrative proceeding initiated or maintained by any person or entity challenging the
validity or enforceability of any City permit or approval relating to the Project, any condition
of approval imposed by the City on such permit or approval, and any finding or
determination made and any other action taken by any of the Indemnitees in conjunction
with such permit or approval, including without limitation any action taken pursuant to the
California Environmental Quality Act (“CEQA”), or (ii) the acts, omissions, or operations of
the Indemnitor and the directors, officers, members, partners, employees, agents,
contractors, and subcontractors of each person or entity comprising the Indemnitor with
respect to the ownership, planning, design, construction, and maintenance of the Project
and the Property for which the Project is being approved. The City shall notify the
Indemnitor of any claim, lawsuit, or other judicial or administrative proceeding (herein, an
“Action”) within the scope of this indemnity obligation and request that the Indemnitor
11.1.d
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Page 47 of 48
defend such Action with legal counsel reasonably satisfactory to the City. If the Indemnitor
fails to so defend the Action, the City shall have the right but not the obligation to do so
with counsel of their own choosing, with no right of approval by Indemnitor and, if they do,
the Indemnitor shall promptly pay the City’s full cost thereof, with payments made at least
on a monthly basis. Notwithstanding the foregoing, the indemnity obligation under clause
(i) of the first sentence of this condition shall not apply to the extent the claim arises out of
the willful misconduct or the sole active negligence of the City. This Agreement shall
survive any final action on the Project, and shall survive and be independent of any Project
approvals, even if such Project approvals are invalidated in whole or part.
3. Entire Agreement; Amendments and Waivers. This Agreement contains the entire
agreement between the City and Indemnitor with respect to the subject matter set forth
herein and supersedes any prior discussions, negotiations, and agreements with respect
thereto. This Agreement may be amended or modified only by a written agreement
executed by both Parties. No waiver of any of the terms of this Agreement shall be
effective or binding unless in writing and executed by an authorized representative of the
Party waiving its rights hereunder.
4. Successors and Assigns. This Agreement shall be binding upon the heirs, executors,
administrators, successors, transferees, and assigns of the Parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to be
effective as of the date first written above.
Dated: January 22, 2020
“CITY”
CITY OF MENIFEE, a California
Municipal Corporation
By: _______
Its:
_____________________________
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
_______________________________
Attorneys for the City of Menifee
11.1.d
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Dated: January 22, 2020
“INDEMNITOR”
S&B Partners, LLC for Baker Medical
Office
By: ________
Print
Name:________________________
Its Property Owner
11.1.d
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NOTICE OF EXEMPTION
TO: Office of Planning and Research (OPR)
P.O. Box 3044
Sacramento, CA 95812-3044
County of Riverside County Clerk
FROM: City of Menifee Community Development
Department
29844 Haun Road
Menifee, CA 92586
Project Title/Case No.: Plot Plan No. 2018-189 (“Baker Medical Building”)
Project Location: The Project site is located on the north side of Newport Road, west of Bradley Road, and east of
Winter Hawk Road in the City of Menifee, County of Riverside, State of California (APNs 338-170-028).
Project Description: Plot Plan No. 2018-189 proposes the development of a 5,417 square foot, 3-story medical office
building on a 0.64-acre parcel. Access to the site the Project site will be from the existing driveway from Newport Road
that will be shared with the Newport Plaza shopping center located on the adjoining property to the east.
Name of Public Agency Approving Project: City of Menifee
Project Sponsor: Dr. Bruce Baker, 42210 Lyndie Lane, Temecula, CA 92591 (951) 506-1666
Exempt Status: (Check one)
Ministerial (Sec. 21080(b)(1); 15268)
Declared Emergency (Sec. 21080(b)(3); 15269(a))
Emergency Project (Sec. 21080(b)(4); 15269 (b)(c))
Categorical Exemption (15332 and 15303)
Statutory Exemption ( )
Other:
Reasons why project is exempt: The proposed project is exempt from California Environmental Quality Act (CEQA)
review pursuant to Article 19 – Categorical Exemptions, Section Class 32, 15332. In-Fill Development, which is
characterized as the following: (a) the Project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation and regulation. (b) The proposed development occurs
within the city limits on a Project site of no more than five acres substantially surrounded by urban uses. (c) The Project
site has no value as habitat for endangered, rare or threatened species. (d) Approval of the Project would not result in any
significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all
required utilities and public services. The project is consistent with the property’s existing General Plan land use
designation (EDC-NR), the property’s zoning classification, and with applicable zoning regulations. The proposed
developed occurs within the City of Menifee limits, the project site is 0.64 acres, and is substantially surrounded by
developed land. The project site has no value as habitat for endangered, rare or threated species. The project would not
result in any significant effects related to traffic, noise, air quality or water quality and the site can be adequately served by
all required utilities and public services. In addition, the Project site is not included on a list of hazardous materials sites
compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of
various hazardous sites).
The project is also exempt from California Environmental Quality Act (CEQA) pursuant to Article 19 – Categorical
Exemptions, Class 3, Section 15303 “New Construction or Conversion of Small Structures.” Class 3 consists of
construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and
facilities in small structures; and the conversion of existing small structures from one use to another where only minor
modifications are made in the exterior of the structure. The numbers of structures described in this section are the
maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to: (c) A store, motel,
office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not
exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial
buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant
amounts of hazardous substances where all necessary public services and facilities are available and the surrounding
area is not environmentally sensitive. The project is for the construction and operation of a 5,417 sq. ft. office building
within an urbanized area, which is below the 10,000 sq. ft. limit of the exemption. The property is zoned for the office use
11.1.e
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NOTICE OF EXEMPTION
Page 2
and the project does not involve the use of significant amounts of hazardous substances. All necessary public services
and facilities are available to the site. The surrounding area is developed with school, church and commercial uses and is
not environmentally sensitive.
Desiree Bowdan (951) 723-3770
City Contact Person Phone Number
Associate Planner
Signature Title Date
Date Received for Filing and Posting at OPR:
FOR COUNTY CLERK'S USE ONLY
11.1.e
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NOTICE OF PUBLIC HEARING
TIME OF HEARING: 6:00 p.m. or as soon as possible thereafter.
DATE OF HEARING: January 22, 2020
PLACE OF HEARING: MENIFEE CITY COUNCIL CHAMBERS 29844 HAUN ROAD
MENIFEE, CA 92586
A PUBLIC HEARING has been scheduled, pursuant to the City of Menifee Municipal Code, before the CITY OF
MENIFEE PLANNING COMMISSION to consider the project shown below:
Project Title: “Baker Medical Building” – Plot Plan No. 2018-189
Project Location: The site is located on the north side of
Newport Road, west of Bradley Road, and east of Winter
Hawk Road in the City of Menifee, County of Riverside, State
of California (APN: 338-170-028).
The Planning Commission will consider the following
project at a public hearing: Plot Plan No. 2018-189
proposes the development of a 5,417 square foot, 3-story
medical office building on a 0.64-acre parcel. Access to the
Project site will be from the existing driveway off of
Newport Road that will be shared with the Newport Plaza
shopping center located on the adjoining property to the
east. A total of 28 parking stalls are proposed for the
project.
Project Data: General Plan Land Use: Economic Development Corridor – Newport Road (EDC-NR)
(“Commercial”). Zoning: Economic Development Corridor – Newport Road (EDC-NR) (“Commercial”).
Environmental Information: The proposed project is exempt from California Environmental Quality Act
(CEQA) pursuant to Article 19 – Categorical Exemptions, Class 32, Section 15332 “In-Fill Development”. In-Fill
Development is characterized as the following: (a) the project is consistent with the applicable general plan
designation and all applicable general plan policies as well as with applicable zoning designation and
regulation. (b) The proposed development occurs within the city limits on a project site of no more than five
acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare
or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public
services.
The project is consistent with the property’s existing General Plan land use designation (EDC-NR), the
property’s zoning classification, and with applicable zoning regulations. The proposed developed occurs within
the City of Menifee limits, the project site is 0.64 acres, and is substantially surrounded by developed land.
The project site has no value as habitat for endangered, rare or threated species. The project would not result
in any significant effects related to traffic, noise, air quality or water quality and the site can be adequately
served by all required utilities and public services. In addition, the project site is not included on a list of
hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of
Toxic Substances Control list of various hazardous sites).
Any person wishing to comment on the proposed project may do so in writing between the date of this
notice and the public hearing; or, may appear and be heard at the time and place noted above. All
comments must be received prior to the time of public hearing. All such comments will be submitted to the
Planning Commission, and the Planning Commission will consider such comments, in addition to any oral
testimony, before making a decision on the proposed project.
11.1.f
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If this project is challenged in court, the issues may be limited to those raised at the public hearing,
described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,
the public hearing. Be advised that as a result of public hearings and comment, the Planning Commission
may amend, in whole or in part, the proposed project. Accordingly, the designations, development
standards, design or improvements, or any properties or lands within the boundaries of the proposed
project, may be changed in a way other than specifically proposed.
For further information regarding this project, please contact Desiree Bowdan, at (951) 723-3770 or e-mail
dbowdan@cityofmenifee.us, or go to the City of Menifee’s agenda web page at http://www.cityofmenifee.us. The
case file for the proposed project may be viewed Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the
Community Development Department office, located at 29844 Haun Road, Menifee, CA 92586. Please send all
written correspondence to:
CITY OF MENIFEE COMMUNITY DEVELOPMENT DEPARTMENT
Attn: Desiree Bowdan, Associate Planner
29844 Haun Road
Menifee, CA 92586
11.1.f
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NOTICE OF PUBLIC HEARING
TIME OF HEARING: 6:00 p.m. or as soon as possible thereafter.
DATE OF HEARING: January 22, 2020
PLACE OF HEARING: MENIFEE CITY COUNCIL CHAMBERS 29844 HAUN ROAD
MENIFEE, CA 92586
A PUBLIC HEARING has been scheduled, pursuant to the City of Menifee Municipal Code, before the CITY OF
MENIFEE PLANNING COMMISSION to consider the project shown below:
Project Title: “Baker Medical Building” Plot Plan No. 2018-189
Project Location: The site is located on the north side of Newport Road, west of Bradley Road, and east of Winter
Hawk Road, in the City of Menifee, County of Riverside, State of California (APN 338-170-028).
The Planning Commission will consider the following project at a public hearing: Plot Plan No. 2018-189
proposes the development of a 5,417 square foot, 3-story medical office building on a 0.64-acre parcel. Access
to the Project site will be from the existing driveway off of Newport Road that will be shared with the Newport
Plaza shopping center located on the adjoining property to the east. A total of 28 parking stalls are proposed
for the project.
Project Data: General Plan Land Use: Economic Development Corridor – Newport Road (EDC-NR)
(“Commercial”). Zoning: Economic Development Corridor – Newport Road (EDC-NR) (“Commercial”).
Environmental Information: The proposed project is exempt from California Environmental Quality Act
(CEQA) pursuant to Article 19 – Categorical Exemptions, Class 32, Section 15332 “In-Fill Development”. In-Fill
Development is characterized as the following: (a) the project is consistent with the applicable general plan
designation and all applicable general plan policies as well as with applicable zoning designation and
regulation. (b) The proposed development occurs within the city limits on a project site of no more than five
acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare
or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public
services.
The project is consistent with the property’s existing General Plan land use designation (EDC-NR), the
property’s zoning classification, and with applicable zoning regulations. The proposed developed occurs within
the City of Menifee limits, the project site is 0.64 acres, and is substantially surrounded by developed land.
The project site has no value as habitat for endangered, rare or threated species. The project would not result
in any significant effects related to traffic, noise, air quality or water quality and the site can be adequately
served by all required utilities and public services. In addition, the project site is not included on a list of
hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of
Toxic Substances Control list of various hazardous sites).
Any person wishing to comment on the proposed project may do so in writing between the date of this
notice and the public hearing; or, may appear and be heard at the time and place noted above. All
comments must be received prior to the time of public hearing. All such comments will be submitted to the
Planning Commission, and the Planning Commission will consider such comments, in addition to any oral
testimony, before making a decision on the proposed project.
If this project is challenged in court, the issues may be limited to those raised at the public hearing,
described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,
the public hearing. Be advised that as a result of public hearings and comment, the Planning Commission
may amend, in whole or in part, the proposed project. Accordingly, the designations, development
standards, design or improvements, or any properties or lands within the boundaries of the proposed
project, may be changed in a way other than specifically proposed.
11.1.f
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For further information regarding this project, please contact Desiree Bowdan, at (951) 723-3770 or e-mail
dbowdan@cityofmenifee.us, or go to the City of Menifee’s agenda web page at http://www.cityofmenifee.us. The
case file for the proposed project may be viewed Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the
Community Development Department office, located at 29844 Haun Road, Menifee, CA 92586. Please send all
written correspondence to:
CITY OF MENIFEE COMMUNITY DEVELOPMENT DEPARTMENT
Attn: Desiree Bowdan, Associate Planner
29844 Haun Road
Menifee, CA 92586
11.1.f
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The Gas Company
527 N. San Jacinto Street
Hemet, CA 92548
Verizon California
Attn: Kristen Maldonado
150 S. Juanita St.
Hemet, CA 92543
Eastern Municipal Water District
Attn: Rebecca Tibayan
P.O. Box 8300
Perris, CA 92572-8300
Attn: Rickey Reyes
Southern California Gas Company
25620 Jefferson Avenue, SC8094
Murrieta, California 92562-9524
Riverside County Dept. of
Environmental Health
Poway, CA 92074
Menifee Police Department
137 N. Perris Blvd, Ste A
Perris, CA 92570
Southern California Edison
Attn: Josh Thiel
24487 Prielipp Lane
Wildomar, CA 92595
Bruce Baker
P.O. Box 669
Riverside, CA 92517-1968
S&B Partners, LLC
26900 Newport Road
Menifee, CA 92584
Karen Cadavona
Southern California Edison
Third Party Environmental Review
2244 Walnut Grove Avenue, Quad 4C
472A
Rosemead, CA 91770
Landmark Engineering Corp.
3443 Camino Del Rio South Suite 204
San Diego, CA 92108
Local Public Affairs
Southern California Edison
26100 Menifee Rd.
Menifee, CA 92585
Perris Union High School District
155 East Fourth Street
Perris, CA 92570
Attn: Candace Reines
Menifee Union School District
30205 Menifee Road
Menifee, CA 92548
Attn: Bruce H. Shaw
11.1.f
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