EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Application No.: Plot Plan No. PLN23-0040 Northern Gateway Logistics Center Project Description: The Project proposes the development of two new concrete tilt up warehouse and distribution buildings with associated office space on 20.17 acres of land. Building 1 is proposed to be 105,537 square feet (sq. ft.) consisting of 6,000 sq. ft. of office space and 99,537 sq. ft. of warehouse space and is located on the north side of the site.
Building 2 is on the southern end of the site and is proposed to be 292,715 sq. ft. consisting of 8,000 sq. ft of office space, 7,000 sq. ft. of mezzanine, and 277,715 sq. ft. of warehouse area . Project 1 and P roject 2 combined would consist of 398,252 sq. ft. of total building area.
Assessor's Parcel No.: 331-060-007, 331-060-008, 331-060-023, 331-060-020, 331-060- 030
MSHCP Category: Non-residential (Industrial)
DIF Category: Industrial
TUMF Category: Determined by Western Riverside Council of Governments (WRCOG)
Quimby Category: N/A
Approval Date: July 16, 2025
Expiration Date: July 16, 2028
Section I: Community Development Department Conditions of Approval
Section II: Engineering/Grading/Transportation Conditions of Approval
Section III: Building and Safety Department Conditions of Approval
Section IV: Riverside County Fire Department Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
Section I:
Community Development Department
Conditions of Approval
GENERAL CONDITIONS
1. Indemnification. Within 48 hours of project approval, the Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or opera tions 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, a nd maintenance of the Project and the Property for which the Project is being approved.
2. Filing Notice of Determinatio n. Within 48 hours of project approval, the Planning Division will determine the appropriate fees for the Notice of Determination (NOD) filing and request the payment of fees to the City of Menifee in the form of a check or cash.
Upon receipt of payment, the Planning Division will file the NOD with the relevant agencies as required under Public Resources Code, California Code of Regulations and California Fish and Game Code.
3. Exhibits. The project shall be constructed as approved by the Planning Commission on May 14, 2025, and as shown in Attachment No. 1 in the accompanying staff report. Any subsequent changes shall be processed per Menifee Municipal Code Section 9.30.120 Modifications to Previously Approved Permits.
4. Ninety (90) Days. The applicant 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. Subsequent Submittals. Any subsequent submittals required by these Conditions of Approval, including but not limited to grading plan, building plan or mitigation monitoring review and appropriate fees paid as may be in effect at the time of submittal, as required by Resolution No. 22 - 1229 (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.
6. Expiration Date. This approval shall become null and void three (3) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection or an extension of time application has been submitted to the Planning Division prior to the expiration date. Extensions may be granted per Menifee Municipal Code.
7. Modifications or Revisions. The applicant shall obtain City approval for any modifications or revisions to the approval of this project.
8. Comply with Ordinances. This project shall comply with the applicable standards of the City of Menifee Development Code, City of Menifee Municipal Code, City of Menifee Design Guidelines and all other applicable ordinances and State and Federal codes and regulations.
9. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights -of-way and so as to prevent either the spillage of lumens or reflection into the sky.
10. Phases. Construction of this project may be done progressively in phases provided a phasing map is submitted with appropriate fees to the Planning Division and approved prior to issuance of any building permits.
11. Outdoor Storage. No outdoor storage is allowed unless otherwise approved as part of the project. Parking of trucks and trailers shall not be considered outdoor storage when parked in designated areas.
12. Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact, Multi -Species Habitat Conservation Plan (MSHCP), Stephen’s Kangaroo Rat (KRAT), School Fees, Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).
13. Outside Agencies. The applicant shall comply with all comments and conditions of approval from any responsible agencies as shown in the attached letters from associated agencies.
14. Anti-Graffiti Coating. An anti -graffiti coating shall be provided on all block walls constructed as part of any phase of the Project, and written verification from the developer shall be provided to the Community Development. Anti-graffiti coating shall be limited to the first 8’ in height.
15. Property Maintenance. All parkways, entryway medians, on-site and off-site landscaping, walls, fencing, recreational facilities, basins, and on-site lighting shall be maintained by the owner or private entity or the City of Menifee Community Facilities District (CFD).
All landscaping and similar improvements not properly maintained by a property owners association, individual property owners, or the common area maintenance director must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee.
The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of a property owner’s association, or any other successor-in-interest.
The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is included within a separate common lot maintained by an HOA or other entity acceptable to the City of Menifee.
16. Business Registration. Every person conducting a business within the City of Menifee, as defined in Menifee Municipal Code, Chapter 5.01, shall obtain a business license.
For more information regarding business registration, contact the Finance Department.
17. Natural Gas. Per the Environmental Impact Report Mitigation, Monitoring and Reporting Plan, Natural Gas is prohibited on -site without further review by the City.
Additional environmental review may be required if natural gas is proposed.
18. Point of Sale. Developer expects to obtain equipment and fixtures from construction contractors to complete the Project. Consistent with the requirements of applicable California law, the Developer agrees to cooperate with the City with respect to purchases of equipment and fixtures such that: (a) to the extent any such purchases of equipment and fixtures are from a construction contractor working for Developer at the Project site, Developer will, to the extent allowed by California law, require the construction contractor to secure the appropriate job -site sales tax permits such that such equipment and fixture purchases will be designated as having a point of sale within the City, such that the applicable sales tax will be collected and attributable to a purchase and sale within the City and (b) to the extent Developer is obligated to pay use tax on any such purchases of equipment and fixtures to be used at the Project site, Developer will, to the extent allowed by California law, secure the appropriate job -site use tax permits such that the applicable use tax will be collected and attributed to a Developer purchase within the City.
ARCHEOLOGY
19. 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.
20. 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 su ch reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).
21. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). a. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. b. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropria te mitigation (documentation, recovery, avoidance, etc.) for the cultural resources.
c. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed.
d. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through proje ct design, in - place preservation of cultural resources located in native soils and/or re- burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non -Disclosure of Reburial Condition.
e. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe.
Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.”
22. Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of ground disturbing activities (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a. One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department:
i. Preservation-In-Place of the cultural resources, if feasible.
Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources.
ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report.
The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testi ng on sacred items, items of Native American Cultural Patrimony, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report.
23. Inadvertent Paleontological Find. In the event that fossils or fossil -bearing deposits are discovered during construction, excavations within fifty (50) feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall document the discovery as needed in accordance with Society of Vertebrate Paleontology standards, evaluate the potential resource, and assess the significance of the find under the criteria se t forth in CEQA Guidelines Section 15064.5. The paleontologist shall notify the Community Development Department to determine procedures that would be followed before construction is allowed to resume at the location of the find. If in consultation with the paleontologist, the Project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the Project on the qualities that make the resource important. The plan shall be submitted to the Community Development Department for review and approval and the Project proponent shall implement the approval plan.
24. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD).
25. 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.
PRIOR TO ISSUANCE OF GRADING PERMIT
26. Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. a. The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors.
b. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. c. In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
d. Project grading and development scheduling;
i. The Project archeologist and the Consulting Tribes(s) shall attend the pre-grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance.
The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in t he event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available
ii. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.
27. Native American Monitoring (Pechanga/Soboba). Tribal monitor(s) shall be required on-site during all ground-disturbing activities which are below the depths of the previous mass grading. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Indians and Soboba band Luiseno Indians.
Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist.
The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The applicant shall be responsible for all curation costs.
28. Paleontologist Required. This site is mapped as having a high potential for paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS:
The applicant shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project-specific plan for monitoring site grading/earthmoving activities (project paleontologist for any ground disturbance activities on-site during ground disturbing activities which are below the depths of the previous mass grading.
A cross section of grading depth will be required on the grading permit plans when submitted for review showing previous graded depth and proposed grading depth. If grading depth is determined to be below the previous mass grade depth, this condition will be required to be satisfied.
The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit.
Information to be contained in the PRIMP , at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows:
• The project paleontologist shall participate in a pre-construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable.
• Paleontological monitoring of earthmoving activities will be conducted on an as-needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata.
Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level.
• If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary.
• If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains.
• If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate.
• 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.
• A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions.
• All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (eg. Professional Geologist, Professional Engineer, etc.), as appropriate. A signed original copy of the report shall be submitted directly to the Community Development Department along with a copy of this condition, deposit based fee and the grading plan for appropriate case processing and tracking.
29. Mitigation Monitoring. The applicant shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the Environmental Impact Report (EIR) for this project which must be satisfied prior to issuance of grading permits. The Community Development Director may require inspection or other monitoring to ensure such compliance.
30. Pre-Grading Meeting. The qualified archaeologist shall attend the pre-grading meeting with the contractors to explain and coordinate the requirements of the monitoring program, including a cultural sensitivity training component.
31. Burrowing Owl Pre -Construction Survey. The Project Developer shall retain a qualified biologist to conduct a pre-construction survey for Burrowing Owl within 30 days prior to the start of construction. The results of the single one -day survey shall be submitted to the City prior to obtaining a grading permit. If Burrowing Owl are not detected during the pre -construction survey, no further mitigation is required. If Burrowing Owl are detected during the pre -construction survey, the Project applicant and a qualified consulting biologist will be required to prepare and submit for approval a Burrowing Owl relocation program.
32. Nesting Bird Pre -Construction Survey. Prior to vegetation clearance, the Project applicant shall retain a qualified biologist to conduct a pre -construction nesting bird survey in accordance with the following:
a) The final walkover survey shall be conducted no more than three (3) days prior to the initiation of clearance/construction work; b) If pre-construction surveys indicate that bird nests are not present or are inactive, or if potential habitat is unoccupied, no further mitigation is required;
c) If active nesting birds are found during the surveys, a species -specific no-disturbance buffer zone shall be established by a qualified biologist around active nests until a qualified biologist determines that all young have fledged (i.e., no longer reliant upon the nest).
d) It is recommended that close coordination between the developer of the site, the City of Menifee, the project engineer, and the consulting qualified biologist to consider vegetation clearance outside of the normal bird nesting season (usually February 1 – August 31) to avoid impacts to nesting birds which would potentially violate the federal Migratory Bird Treaty Act. It should be noted that bird nesting season is increasingly less-definitive for some year -round residen t species such as hummingbirds and raptors. Further, ground -dwelling birds such as burrowing owls, can be affected nearly any time of the year if present. It is therefore advisable to conduct a preconstruction bird survey no matter the time of year.
e) Removal of vegetation necessitates installation of appropriate Storm Water Pollution Prevention Plan “SWPPP” measures, particularly if development subsequent to grading is not undertaken immediately, therefore careful timing of the project schedule and imp lementation measures is necessary to avoid water quality impacts.
33. Stockpiling/Staging. During construction, best efforts shall be made to locate stockpiling and/or vehicle staging areas as far as practicable from existing residential dwellings.
PRIOR TO BUILDING PERMIT ISSUANCE
34. Processing Fees. Prior to issuance of building permits, the Community Development Department shall determine if the deposit based fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant.
35. Mitigation Monitoring. The applicant shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the Environmental Impact Report (EIR) for this project which must be satisfied prior to issuance of grading permits. The Community Development Director may require inspection or other monitoring to ensure such compliance.
36. Lighting. Light fixtures shall be decorative and consistent with the City of Menifee Design Guidelines and included in the Building and Safety plans. Architecturally appropriate themed lighting fixtures shall be located along the project roads, project entrances, walkways, open space areas and other focal points on the project site and shall be subject to Community Development Department review and approval.
37. Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi-Species Habitat Conservation Plan (MSHCP), Stephen’s Kangaroo Rat (KRAT), School Fees (Perris Union High School District, and Romoland School District), Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).
38. Roof-Mounted Equipment Plans. Prior to issuance of certificate of occupancy, Community Development staff will verify that all roof mounted equipment will be screened in compliance with approved plans.
39. Electrical Cabinets. All electrical cabinets shall be located inside a room that is architecturally integrated into the design of the building.
40. Screening of Accessory Structures. Screening of accessory structures (including mechanical equipment) shall be compatible in color and materials to primary structures.
41. Security Systems. Prior to the issuance of tenant Building Permits, the applicant shall prepare a security plan for each site. The security plan for this project shall include a comprehensive security camera system that clearly depicts the parking field associated with the proposed use. This security camera system shall be based in each building for this development, or inside a security office located within one of the retail buildings or other place acceptable to the Menifee Police Department, that is accessible to law enforcement at all times of the day and night. This security camera system shall have a recording capacity to minimally save footage for the period of one month or as approved by the Menifee Police Department. The plan shall be approved prior to issuance of tenant Building Permits.
42. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the applicant provides to the Building and Safety Division and the Planning Division 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.
43. Cold Storage. Cold Storage is not contemplated in the Environmental Impact Report.
If Cold Storage is proposed, further analysis (technical memorandum) illustrating there are no significant impacts will be required prior to building permit issuance.
Landscaping
44. Landscaping Submittals. Final landscape plan submittals are divided into two different processes. All on-site landscaping plans shall be submitted to the Planning Department for review and approval. The on-site landscaping shall include any basins, streetscape, open space and planters on private property that is maintained by the property owner or private entity (HOA or Common Maintenance Entity/Association). All off-site landscaping plans shall be submitted to the Engineering and Public Works Department for review and approval. Off-site plans shall include landscaping in areas maintained by the Community Facilities District (CFD) and are located within the City of Menifee Right-of-Way which can include streetscape, basins or slopes.
45. Construction Plot Plans. Prior to building permit issuance, the applicant shall submit the following construction plan applications to the Planning Division (pursuant to Menifee Municipal Code) for review and approval. The fee for each submittal will be determined by Resolution No. 24-1423 Cost of Services Fee Study and Planning Division Fee Schedule at the time of application submittal. Construction Plan Submittals include:
A. On-Site Landscaping – all Property Owner maintained landscaping and irrigation.
Performance Securities will be required prior to approval of this minor plot plan.
Additional submittal requirements can be found in the minor plot plan submittal checklist found on the Community Development Department’s website. All minor plot plans must be approved prior to the issuance of any building permit.
46. Landscape Inspections. Prior to issuance of Building Permits, the Applicant shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre-installation inspections, installation inspections, Six Month Post Establishment and One Year Post Establishment Landscape Inspections.
47. Performance Securities (Bonds). Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings and irrigation system in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and City staff. The applicant holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One-Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less.
48. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees.
49. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blown 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.
PRIOR TO FINAL INSPECTION
50. Processing Fees. Prior to final inspection, the Planning Division shall determine if any fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant.
51. Mitigation Monitoring. The applicant shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the Environmental Impact Report (EIR) for this project which must be satisfied prior to issuance of grading permits. The Community Development Director may require inspection or other monitoring to ensure such compliance.
52. Paleontological Monitoring Report. Prior to issuance of a certificate of occupancy, the applicant shall submit to the Community Development Department, an electronic copy of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed on Riverside County’s Paleontology Consultant List.
A deposit for the review of the report will be required.
53. Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi-Species Habitat Conservation Plan (MSHCP), Stephen’s Kangaroo Rat (KRAT), School Fees (Perris Union High School District, and Romoland School District), Transportation
Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).
54. Final Planning Inspection. The applicant 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, decorative paving, public plazas, etc. The applicant shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition.
Landscaping
55. Soil Management Plan. The applicant 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?”
56. Landscaping. All landscape planting and irrigation shall be installed and inspected in accordance with approved exhibits and Menifee Municipal Code.
57. Processing Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit-based fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant.
Section II:
Engineering/Grading/Transportation
Conditions of Approval
The following are the Public Works / Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works / Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and o rdinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail.
A. GENERAL ENGINEERING CONDITIONS
54. Project Description – The proposed development includes construction of two concrete tilt- up industrial warehouse buildings on five parcels located south of Ethanac Road, east of Evans Road, west of Barnett Road, and north of McLaughlin Road. Building 1, which will be located on the north side of the project, has a footprint of 105,537 square feet in total area.
Building 2, which will be located on the south side of the project, has a footprint of 292,715 square feet in total area. The project site will have access from Barnett Road and Evans Road, and it will include frontage improvements along Evans Road, Barnett Road, and a future road along the southern property line for westbound semi-truck traffic.
55. Lot Line Adjustment – Prior to any proposed development, the developer / property owner shall process the required Lot Line Adjustment or approved equivalent establishing the lots as shown on the provided site plan.
56. Storm Drain Re-Alignment – In the existing condition, RCFC Line A-8 has been constructed running through the project site where a proposed building is to be constructed. Prior to building permit issuance, the storm drain must be relocated away from the building footprint, and receive approval from Riverside County Flood Control.
57. Subdivision Map Act - The developer / property owner shall comply with the State of California Subdivision Map Act.
58. Mylars – All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer and / or other registered/licensed professional as required.
59. Bond Agreement, Grading and Improvement Security – To guarantee the construction of all required grading and improvements, the developer / property owner shall enter into bond agreements and post security or bonds in accordance with applicable City policies and ordinances. The improvements shall include, but not limited to, the following: onsite / offsite grading, erosion control, street improvements, streetlights, traffic signals, traffic signing and striping, public landscape improvements, water / sewer / recycled water improvements, water quality best management practices (BMPs), and drainage facilities. Bond posting and bond agreements shall be required prior to map recordation, grading, building, or construction permit issuance, whichever is applicable. It should be noted that all bond posting and bo nd agreements, with the exception of grading bonds and grading agreements, require City Council approval. Therefore, it shall be the responsibility of the developer / property owner to coordinate their project timing with the City Council meeting calendar when requesting City approvals of bonds and bond agreements.
60. Bond Replacement, Reduction, and Releases – All requests for bond replacements (such as in the case of a change of property ownership), reductions (such as in the case of partial completion of improvements), releases (such as in the case of completion of improvements), shall conform to City polic ies, standards and applicable City ordinances. It shall be the responsibility of the developer / property owner to notify the City in a timely manner when any of these bond actions are necessary. The City shall revi ew all changes in Bond Agreements and the accompanying bonds or security. Similarly, with the exception of grading bond agreements, all other agreement changes require City Council approval. Therefore, it shall be the responsibility of the developer / property owner to coordinate their project timing with the City Council meeting calendar when requesting changes to the bond agreements.
61. Existing and Proposed Easements - The final grading plan shall correctly show all existing easements, traveled ways, and drainage courses. Any omission or mis -representation of these documents may require said plan to be resubmitted for further consideration.
62. Plan Check Submittals - Appropriate plan check submittal forms shall be completed and a submittal checklist provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. Prior to final approval of improvement plans by the Public Works / Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department Computer Aided Design (CAD) layers of all improvements to be maintained by the City (pavement, sidewalk, street light s, 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 fo rmats: (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.
63. Plan Approvals – Improvement plans and grading plans shall be submitted with necessary supporting documentation and technical studies (hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the Public Works / Engineering Department for review and approval. All submittals shall be signed and date stamped by the Engineer of Record. The plans must receive Public Works / Engineering Department approval prior to issuance of any construction permit, grading permit, or building permits as a pplicable and as determined by the Public Works Director / City Engineer. All submittals shall include a completed City Fee or Deposit Based Worksheet and the appropriate plan check. For improvements proposed to be owned and maintained by the Riverside County Flood Control and Water Conservation District (Flood Control District), improvement plans must receive district approval prior to Building permit issuance or as determined by the District.
64. 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 baseline of work for all layers on a USB drive to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). The timing for submitting the as-built plans shall be as determined by the Public Works Director / City Engineer.
65. Construction Times of Operation - The developer / property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following:
(a) Construction activities shall comply with City of Menifee ordinances relating to construction noise. Any construction within the city located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except on nationally recognized holidays, 6:30 a.m. to 7:00 p.m. in accordance with Municipal Code Section 8.01.010. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer.
(b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day.
(c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director / City Engineer or the Building Official m ay suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions.
(d) A Pre-Construction meeting is mandatory with the City’s Public Works Inspection team prior to start of any construction activities for this site.
66. Dry Utility Installations – Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with current City ordinances, or as approved by the Public Works Director / City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. In cases where 33.6kV or below lines are collocated with high voltage lines (for example, 115kV), the low voltage lines shall still be placed underground even when the high voltage lines are exempt from relocation or undergrounding in accordance with City standards and ordinances. Exemption from undergrounding low voltage lines shall only be by the Public Works Director / Cit y Engineer or as directed by the City Council. Improvements shall include traffic signal interconnect conduit along General Plan Circulation Element roadways in accordance with City standards.
B. GRADING
67. Introduction – Improvement such as grading, filling, over excavation and re-compaction, and base or paving which require a grading permit are subject to the Public Works / Engineering Department conditions of approval stated herein.
68. Grading Regulations – Any construction activity that requires a grading permit, such as over excavation, re-compaction, cut, fill, base or paving shall conform to the requirements of the City’s Grading Ordinance. Additionally grading permits are subject to the Public Works / Engineering Department conditions of approval stated herein.
69. Regulations and Ordinance on Grading Within the City – In addition to compliance with the City’s Grading Ordinance, grading activities shall also conform to the latest edition of the California Building Code, City General Plan, other City Ordinances, City design standards and specifications and all other relevant laws, rules and regulations governing grading in the City of Menifee. Prior to commencing any grading, clearing, grubbing or any topsoil disturbances, the applicant shall obtain a grading permit fr om the Public Works / Engineering Department.
Grading activities that are exempt from a grading permit as outlined by the City ordinance may still require a grading permit by the Public Works Director / City Engineer when deemed necessary to prevent the po tential for adverse impacts upon drainage, sensitive environmental features, or to protect property, health safety, and welfare.
70. Grading Permit for Disturbed Soil – City ordinances on grading require a grading permit prior to clearing, grubbing or any topsoil disturbances related to construction grading.
71. Dust Control – All necessary measures to control dust shall be implemented by the developer during grading. Fugitive dust shall be controlled in accordance with Rule 403 of the California Air Quality Control Board.
72. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical), unless otherwise approved by the Public Works / Engineering Department.
73. Slope Setbacks – Observe slope setbacks from buildings and property lines per the California Building Code and City ordinances on grading.
74. Slope Landscaping and Irrigation – All slopes greater than or equal to 3 feet in vertical height shall be irrigated and landscaped with grass or ground cover. Drip irrigation shall be used for all irrigated slopes.
75. Slope Erosion Control Plan - Erosion control and / or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered landscape architect and bonded per applicable City ordinances.
76. Slope Stability Report – A slope stability report shall be submitted to the Public Works / Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal:vertical) or over 20 feet in vertical height, unless addressed in a report that has been approved by the City.
77. Erosion Control Plans – All grading plans shall require erosion control plans prior to approval. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans sh owing erosion control measures may be included as part of the grading plans or submitted as a separate set of plans for city review and approval. Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year -round in compliance with all applicable City of Menifee Standards and Ordinances and the National Pollutant Discharge Elimination Syst em (NPDES) Municipal Separate Storm Sewer System (MS4) Permit from the California State Water Resources Control Board (SWRCB). Additional Erosion protection may be required during the rainy season.
78. Water Quality Management Plan - All grading plans shall require an approved copy of the Water Quality Management Plan sheet per the approved WQMP report. The developer / property owner shall comply with the requirements of the WQMP report, and City standards and specifications. The WQMP Maintenance agreement shall be recorded prior to plan approval.
79. Design Grade Criteria – Onsite parking areas shall be designed in accordance with City standards and specifications. Non -compliance may require a redesign of the project.
Significant redesigns may require a revised Plot Plan.
80. Drainage Grade - Minimum drainage design grade shall be 1.5% on asphalt concrete pavement and 1.0% on Portland Cement Concrete surfaces. In areas of concentrated flow on Portland Cement Concrete, the minimum grade shall be 0.4%. The engineer of record must submit a variance request for design grades less than those above with a justification for a lesser grade.
81. Finish Grade – Finish grades shall be sloped to provide proper drainage away from all exterior foundation walls in accordance with City standards.
82. Use of Maximum and Minimum Grade Criteria – Actual field construction grades shall not exceed the minimum and maximum grades for compliance with Americans with Disabilities Act (ADA) and approved project grading design, to allow for construction tolerances. Any improvement that is not in complianc e with the minimum and maximum values will not be accepted by the City Inspector, and will need to be removed and replaced at developer’s or owner’s expense.
83. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, protection of the native soils shall be provided by planting erosi on resistant vegetation, as the native soils are susceptible to erosion by running water. All cut and fill slopes shall have a maximum 2:1 (horizontal to vertical) grade.
84. Alteration of Drainage Patterns – Prior to grading permit issuance or approval of improvement plans, the final engineering plans submitted by the applicant shall address the following: The project drainage system shall be designed to accept and properly convey all on- and off-site drainage flowing on or through the site. The project drainage system design shall protect downstream properties from any damage caused by alteration of drainage patterns such as concentration or diversion of flow. Concentrated drainage on commercial lots shall be diverted through parkway drains under sidewalks.
85. Licensed Geotech - A licensed geotechnical engineer shall perform the final determination of the foundation characteristics of soils within on-site development areas.
86. Retaining Walls – Areas or sections for which retaining walls are proposed will require separate permits. These permits shall be obtained prior to issuance of any other building permits – unless otherwise approved by the Building Official. The retaining walls shall be designed by a registered civil engineer and conform to City standards.
Prior to Grading Permit Issuance:
87. Geotechnical Report – The following geotechnical report was reviewed and approved by the City:
a. Preliminary Geotechnical Evaluation for Proposed Industrial Development, Evans Road, Menifee, CA, prepared by LGC Geotechnical, Inc., dated July 28, 2022.
Two copies of this City -approved geotechnical report shall be provided to the Public Works / Engineering Department with the initial submittal of a grading plan. The developer / property owner shall comply with the recommendations of the report and City standards and specifications. All grading shall be performed in accordance with the recommendations of the report, and under the general direction of a licensed geotechnical engineer.
88. Grading Permit for Clearing and Grubbing – City ordinances on grading require the issuance of a grading permit prior to clearing, grubbing, or any topsoil disturbances related to construction grading activities.
89. Compliance with NPDES General Construction Permit – The developer/ property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) from the State Water Resources Control Board (SWRCB).
Prior to approval of the grading plans or issuance of any grading permit, the developer / property owner shall obtain a CGP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number is sued by the SWRCB shall be reflected on all grading plans. For additional information on how to obtain a CGP , contact the SWRCB.
90. SWPPP - Prior to approval of the grading plans, the developer / property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer / property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. The City shall require submittal of NOTs for requests to fully release associated grading bonds.
91. SWPPP for Inactive Sites - The developer / property owner shall be responsible for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working condition at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development.
92. Grading Bonds – Prior to commencing any grading of 50 or more cubic yards of dirt, the applicant shall obtain a grading permit from the Public Works / Engineering Department. Prior to issuance of the permit, adequate performance grading security shall be posted by the developer / property owner with the Public Works / Engineering Department.
93. Import / export – In instances where a grading plan involves import or export, prior to obtaining a grading permit, the developer / property owner shall have obtained approval for the import / export location from the Public Works / Engineering Department. The proposed import / export shall conform with City standards and ordinances, including environmental requirements, and submitted to the Public Works Director / City Engineer for approval.
Additionally, if the movement of import / export occurs using City roads, review and approval of the haul routes by the Public Works / Engineering Department will be required. Import or export materials shall conform with City standards and ordinances.
94. Offsite Grading – Prior to the issuance of a grading permit, it shall be the sole responsibility of the developer / property owner to obtain all proposed or required easements and / or permissions necessary to perform offsite grading, from affected landowners; including any off- site grading to construct the necessary transitions. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department.
Prior to Building Permit Issuance:
95. Submit Plans – A copy of the improvement plans, grading plans, BMP improvement plans, and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the Public Works / Engineering Department for review. All submittals shall be date stamped by the engineer and include a completed City Deposit or Fee Based Worksheet and the appropriate plan check fee or deposit.
96. No Building Permit Without Legal Lot – Prior to issuance of any building permit, the developer / property owner shall ensure that the underlying parcels for such buildings are complying with City Ordinances, Codes, and the Subdivision Map Act.
97. Reciprocal Access Agreement – The proposed development proposes a shared driveway between both proposed buildings. . Prior to issuance of any building permit, the developer / project owner shall record a reciprocal access agreement for access between the buildings along the shared project driveways and drive aisles.
98. No Building Permit without Grading Permit - Prior to issuance of any building permit for any new structures or appurtenances, the developer / property owner shall obtain a grading permit and / or approval to construct from the Public Works / Engineering Department.
99. Final Rough Grading Conditions – Prior to issuance of a building permit for any new structures or appurtenances, the developer / property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grad e certification and compaction test reports with 90% or better compaction, for the lots for which building permits are requested. The certifications shall use City approved forms, and shall be submitted to the Public Works / Engineering Department for verification and acceptance.
100. Conformance to Elevations / Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report.
Prior to Issuance of Any Certificate of Occupancy:
101. Final Grade Certification – The developer / property owner shall cause the Civil Engineer of Record for the approved grading plans, to submit a signed and wet -stamped final grade certification, on City approved form, for each building for which a certificate of occupancy is requested. The certification shall be submitted to the Public Works / Engineering Department for verification and acceptance.
102. Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans.
103. Plant & Irrigate Slopes – All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes greater than or equal to 3’ in vertical height shall have erosion control measures provided. Slopes that exceed 15’ in vertical height are to be planted with additional shrubs and trees as approved by the Public Works / Engineering Department. Drip irrigation shall be provided for all irrigated slopes.
C. DRAINAGE
General Conditions
104. Drainage Study – The following preliminary hydrology report was reviewed and approved by the City:
a. Preliminary Hydrology Calculations for Northern Gateway Logistics Center Evans Road Between Ethanac Road and McLaughlin Road , prepared by Thienes Engineering, Inc., dated October 25, 2023.
Two copies of a final hydrology report shall be submitted to the City for review and approval. The study shall analyze at a minimum the following: project site drainage flow; all future improvements drainage flow; Q 10, Q 100, pre- and post- condition flow rates; anticipated total drainage flow into existing storm drain; and existing storm drain capacity. The project shall comply with all mitigation recommended by the approved drainage study. A fee for review of the Drainage Study shall be paid to the City, the amount of which shall be determined by City at first submittal of report.
105. Area Drainage Plan (ADP) Fees - The proposed development is located within the bounds of the Homeland / Romoland ADP of the Riverside County Flood Control and Water Conservation District (Flood Control District), for which drainage fees have been established by the Riverside County Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to building permits for this project. The fee due will be based on the fee in effect at the time of payment.
106. Completion of Drainage Improvements - All onsite and offsite water quality / drainage systems must be constructed and operational prior to the issuance of any certificate of occupancy.
107. 10 Year Curb – 100 Year Right-of-Way - The 10-year storm flow shall be contained within the top of curb, and the 100-year storm flow shall be contained within the street right-of-way.
When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet.
108. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100- year storm flows as approved by the City of Menifee Public Works / Engineering Department.
109. 100 Year Design Criteria - In final engineering and prior to grading permit issuance, subsurface drainage/BMP facilities shall be designed with emergency overflow inlets to mitigate flows in excess of the 100-year storm event in a controlled manner to the satisfaction of the Public Works / Engineering Department.
110. 100 Year Sump Outlet - Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 -year storm flows. Additional emergency escape shall also be provided.
111. On-Site Storm Drain System - Prior to issuance of a grading permit, the proposed on -site storm drain system shall be designed such that any ponding in the 100 -year storm, shall be contained within the site; it shall not encroach onto any adjacent property, and shall maintain a minimum 1-foot freeboard to the proposed building pad elevation. The 100-year storm flow from the site shall not flow over the proposed parkway or within the driveway approach.
D. LANDSCAPING
112. Maintenance of Landscaping – All private landscaping shall be maintained by a property owners association, individual property owner, or as otherwise established by Covenants, Conditions, and Restrictions (CC&Rs). All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Community Facilities District, or other mechanism as determined by the City of Menifee.
E. STREETS AND DEDICATIONS
113. Street Improvements - Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, and all other relevant laws, rules and regulations governing street construction in the City. The development includes improvements to Barnett Road and Evans Road along the project frontage. Turning movements at driveways will be as approved by the Public Works Director / City Engineer. The developer / property owner is responsible to obtain all right -of-way necessary to accommodate the re quired improvements.
a) Evans Road – Evans Road shall be improved along the project frontage to a n Industrial Collector designation with an ultimate half-width right-of-way of 39 feet, a paved curb-to-centerline width of 28 feet, and a 11-foot landscaped parkway that includes a 6-foot sidewalk. The improvements shall include the necessary offsite transitions to the existing pavement width, including the existing pavement at the intersection with Ethanac Road, as approved by the Public Works Director / City Engineer. Class III Community On-Street bike lanes shall also be provided along project frontage. Prior to the issuance of a building permit, the developer shall construct or guarantee the construction of the public street improvements fronting the property to the centerline plus an additional 12 feet past the median or centerline, including the nece ssary offsite transitions, as approved by the Public Works Director / City Engineer. The design of the street improvements shall be reviewed and approved by the City Engineer. If neede d, it shall be the sole responsibility of the developer / property owner to obtain all proposed or required easements and / or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. i. The developer / property owner shall construct Evans Road beyond the northern frontage of the project to Ethanac Road to an interim conditions of two 12’ lanes, with 6’ paved shoulders. Improvements shall meet all drainage grading, and water quality requirements.
b) Barnett Road – Barnett Road shall be improved along the project frontage to a Secondary (4 lane) designation with an ultimate half-width right-of-way of 50 feet, a paved curb-to-centerline width of 36 feet, and a 14-foot landscaped parkway that includes a 6-foot sidewalk. The improvements shall include the necessary offsite transitions to the existing pavement width , as approved by the Public Works Director / City Engineer.. Class II bike lanes (striped and marked separate from the other paved lanes) shall also be provided. Prior to the issuance of a building permit, the developer shall construct or guarantee the construction of the public street improvements fronting the property to the centerline plus an additional 12 feet past the median or centerline, including the necessary offsite transitions, as approved by the Public Works Director / City Engineer. The design of the street improvements shall be reviewed and approved by the City Engineer. If needed, it shall be the sole responsibility of the developer / property owner to obtain all proposed or required easements and / or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department.
c) Reconstruction or Resurfacing of Barnett Road and Evans Road – The improvements along the project frontage shall bring the roadways to meet current City Standards and have a Pavement Condition Index of at least 80 as determined by the Public Works Director / City Engineer. The Public Works Director / City Engineer may consider reconstruction or resurfacing of existing roads paving fronting the development, provided the road is found to meet the minimum City standards for pavement conditions at the time of project construction, and has an adequate structural section for the design Traffic Index and subgrade R -value in conformance with the Caltrans Highway Design Manual. If it is determined that the existing road is found to be substandard, then the Public Wor ks Director / City Engineer will require the developer / property owner to provide full reconstruction as provided for in these conditions of approval. At the discretion of the City Engineer, the developer may evaluate the existing pavement section with available As-Built plans, or the developer may core the existing pavement during project design to confirm the required improvements to bring the roadways to current standards, and any findings shall be incorporated into the project design. The Public Works Director / City Engineer shall have the final approval for all road conditions.
114. Soils and Pavement Report - Street pavement structural designs shall comply with the recommendations in the City-approved project geotechnical report, and must meet minimum City standards and specifications, as approved by the Public Works Director / City Engineer.
The preliminary pavement design shown on the plans shall be based on R -Value testing of representative soils. The final pavement design shall be performed following grading and be based on R-Value testing of subgrade soils at locations approved by the City’s Public Works Inspector, and the approved Traffic Index (T.I.).
115. Driveways - Final driveway geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. As outlined in the following conditions, medians may be required to restrict turning movements for public safety purposes as determined by the Public Works Director / City Engineer.
116. Acceptance of Public Roadway Dedication and Improvements – Easements and right-of way for public roadways shall be granted to the City through an acceptable recordable instrument. The easements shall be submitted to the Public Works / Engineering Department for review and approval prior to recordation.
117. ADA Compliance – ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the Public Works Director / City Engineer and the City Building Official.
118. Paving or Paving Repairs – The applicant shall be responsible for obtaining the paving inspections required by City standards and ordinances. Paving and / or paving repairs for utility street cuts shall be per City of Menifee standards and ordinances and as approved by the Public Works Director / City Engineer.
119. 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.
120. Signing and Striping – A signing and striping plan for Barnett Road and Evans Road is required for this project. The applicant shall be responsible for any additional paving and / or striping removal caused by the striping plan.
121. Street Light Plan – Street lights requiring relocations, or any required new street lights shall be designed in accordance with current City Standards for LS-3 type streetlights. Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the Public Works Director / City Engineer.
122. Street Sweeping and Pavement Maintenance - The property owner shall file for annexation or inclusion into the Citywide Community Facilities Maintenance District, CFD for street sweeping services and street pavement maintenance.
Prior to Issuance of Building Permit:
123. Encroachment Permits – The developer / property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way.
124. Improvement Bonds – Prior to issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall post acceptable bonds or security to guarantee the construction of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes (See also the Bond Agreement condition under the General Engineering Conditions section).
125. Evans Road Dedication - The developer / property owner shall construct or guarantee the construction of Evans Road fronting the development to the Industrial Collector (2 lane) designation with an ultimate half -width Right of Way of 39 feet, and 28 feet paved curb to centerline. If additional right of way is needed, the developer / property owner shall dedicate the necessary right of way fronting the development.
126. Barnett Road Dedication - The developer / property owner shall construct or guarantee the construction of Barnett Road fronting the development to the Secondary (4 lane) designation with an ultimate half -width Right of Way of 50 feet, and 36 feet paved curb to centerline. If additional right of way is needed, the developer / property owner shall dedicate the necessary right of way fronting the development.
Prior to Issuance of Any Certificate of Occupancy:
127. Evans Road Improvements – Improvements on Evans Road fronting the development shall be completed to the Industrial Collector (2 lanes) designation with an ultimate half-width right- of-way of 39 feet and 28 feet paved curb to centerline, a striped median, and Class III Community On-Street bike lanes, prior to issuance of Certificate of Occupancy. The improvements shall be adequately transitioned to the existing or proposed street improvements. It shall be the sole responsibility of the developer / property owner to obtain all proposed or required easements and / or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements. Notarized and recorded agreement or documents authorizing the offsit e grading shall be submitted to the Public Works / Engineering Department.
i. The developer / property owner shall construct Evans Road beyond the northern frontage of the project to Ethanac Road to an interim conditions of two 12’ lanes, with 6’ paved shoulders. Improvements shall meet all drainage grading, and water quality requirements.
128. Barnett Road Improvements – Improvements on Barnetts Road fronting the development shall be completed to the Secondary Highway (4 lanes) designation with an ultimate half-width right-of-way of 50 feet and 36 feet paved curb to centerline, a striped median, and Class II bike lanes (striped and marked separate fro m the other paved lanes), prior to issuance of Certificate of Occupancy. The improvements shall be adequately transitioned to the existing or proposed street improvements. It shall be the sole responsibility of the developer / property owner to obtain all proposed or required easements and / or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements. Notarized and recorded agreeme nt or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department.
129. Driveways and Driveway Approaches – Driveways and Driveway Approaches as shown on the approved plot plan shall be designed and constructed prior to issuance of Certificate of Occupancy. The driveways shall be designed and constructed per City of Menifee No. 208 and meet spacing requirements as well as other City requirements.
F. TRAFFIC ENGINEERING
130. Traffic Impact Analysis Report – The development shall comply with all the improvements and mitigation measures identified to be constructed or provided in the traffic study approved by the Public Works / Engineering Department. The following Traffic Study was reviewed and approved by the City:
a. Traffic Study for the Northern Gateway Logistics Center Project In the City of Menifee, prepared by Kimley Horn, dated October 2023.
All required improvements and mitigations identified in the City-approved traffic study shall be included in all improvement plans for review and approval by the Public Works / Engineering Department. Additional improvements may be required to address public safety and welfare, as determined by the Public Works Director / City Engineer.
Prior to Issuance of Construction Permit:
131. Sight Distance Analysis – Sight distance analysis shall be conducted at all project roadway entrances for conformance with City sight distance standards. The analysis shall be reviewed and approved by the Public Works Director / City Engineer, and shall be incorporated in the final the grading plans, street improvement plans, and landscape improvement plans.
132. Signing and Striping Plan – Prior to issuance of a construction permit, any necessary signing and striping for Barnett Road and Evans Road or any offsite improvements shall be approved by the Public Works Director / City Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD.
133. Driveway Geometrics – Final driveway geometrics may be modified in final engineering as approved by the City Engineer / Public Works Director. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines.
134. Construction Traffic Control Plan – Prior to start of any project related construction, the developer / property owner shall submit to the Public Works / Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right of way during construction. The plan shall specify the following mitigation measures to address the following:
a. Dust and dirt fallout from truck loads that gets entrained onto City roadways: (1) Biweekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP.
b. Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets.
c. Traffic safety within the road right -of-way: Include temporary traffic control measures and devices.
135. Fair Share Cost Estimates – The developer / property owner shall contribute fair share costs for associated intersection geometrics and roadway improvements. The fair share cost estimates shall reflect costs at the time of project construction and be based on conceptual exhibits showing the proposed improvements overlaid onto the existing roadway in order to determine the construction cost of said improvement. The developer / property owner shall submit the conceptual exhibits and cost estimates to the Engineering Department for review, and the cost exhibits shall be approved prior to issuance of an encroachment permit for construction.
Prior to Issuance of Any Certificate of Occupancy:
136. Construction of Roadway Improvements – The developer / property owner shall design and construct the following roadway improvements. The improvements shall be complete prior to any certificate of occupancy.
If needed, it shall be the sole responsibility of the developer / property owner to obtain all proposed or required right-of-way dedications, easements and / or permissions necessary to perform offsite grading, from affected landowners where necessary to c onstruct the street improvements. Notarized and recorded dedications, agreement or documents authorizing the offsite improvements and grading shall be submitted to the Public Works / Engineering Department.
• Evans Road Frontage Improvements:
a. Construct Evans Road as a 2 -lane Industrial Collector (78 feet total right - of-way). The improvements shall extend to the centerline plus an additional 12 feet past the median or centerline, including the necessary offsite transitions to the existing pavement width as approved by the Public Works Director / City Engineer. The design shall be finalized during final engineering. (See also the Street Improvements condition in the Streets and Dedications section.)
i. The developer / property owner shall construct Evans Road beyond the northern frontage of the project to Ethanac Road to an interim conditions of two 12’ lanes, with 6’ paved shoulders. Improvements shall meet all drainage grading, and water quality requirements.
• Barnett Road Frontage Improvements:
a. Construct Barnett Road as a 4 -lane Secondary Highway (100 feet total right-of-way). The improvements shall extend to the centerline plus an additional 12 feet past the median or centerline, including the necessary offsite transitions to the existing pavement width as approved by the Public Works Director / City Engineer. The design shall be finalized during final engineering. (See also the Street Improvements condition in the Streets and Dedications section.)
• Traffic Signal and Other Improvements at Intersection of Ethanac Road and Evans Road:
a. Install a traffic signal at the intersection of Ethanac Road and Evans Road.
The traffic signal shall provide protected westbound left-turn phasing.
b. Modify the northbound approach to provide dedicated left -turn and right - turn lanes.
137. RBBD/DIF Reimbursement for Traffic Signal and Related Improvements at Intersection of Evans Road and Ethanac Road – In the event where a Road and Bridge Benefit District (RBBD) or Development Impact Fee (DIF) is established that includes improvements constructed by this project at the intersection of Evans Road and Ethanac Road, the developer / property owner may enter into an RBBD /DIF Agreement with the City of Menifee providing reimbursement for applicable improvements in the form of credit to required RBBD /DIF payments. In the event where the constructed improvements exceed the project’s RBBD/DIF obligations, the project shall receive reimbursement for said improvements upon receipt of RBBD fees from applicable adjacent projects.
138. Fair Share Cost Participation for Offsite Improvements – The developer / property owner shall pay fair share costs for the offsite improvements listed below. If a listed improvement is part of the City of Menifee DIF program, then developer / property owner may pay DIF fees, and such payment shall constitute full satisfaction of this fair share condition for that improvement. If an improvement is part of the TUMF program, then developer / property owner may pay TUMF fees, and such payment shall constitute full satisfaction of this fair share condition for that improvement. If an improvement is not part of the DIF or TUMF programs, then the developer / property owner shall pay a fair share cost for that improvement which shall be calculated based on the percentage of fair share listed below for each improvement:
• Evans Road at Ethanac Road: Improve intersection geometrics at a fair share cost of 2.9% of the total cost of the improvements. The intersection improvements are as follows:
a. Northbound: Extend the northbound left-turn pocket to 75 feet.
b. Westbound: Extend the westbound left-turn pocket to 475 feet.
• I-215 Southbound Ramps at Ethanac Road: Improve intersection geometrics at a fair share cost of 3.3% of the total cost of the improvements. The intersection improvements are as follows:
a. Eastbound: Add a second eastbound through lane and a dedicated eastbound right-turn lane.
b. Westbound: Add a second westbound left-turn lane.
c. Southbound: Modify the southbound approach to provide one left-turn, one right-turn, and one shared left-turn / through / right-turn lane.
• I-215 Northbound Ramps at Ethanac Road: Improve intersection geometrics at a fair share cost of 2.2% of the total cost of the improvements. The intersection improvements are as follows:
a. Eastbound: Add a second eastbound through lane and a second eastbound left-turn lane.
b. Westbound: Add a second westbound through lane and a dedicated westbound right-turn lane.
c. Northbound: Add a second northbound left-turn lane.
• Ethanac Road (Evans Road to Case Road): Improve intersection geometrics at a fair share cost of 2.3% of the total cost of the improvements. The intersection improvements are as shown in the traffic study:
• Ethanac Road (Case Road to I-215 Southbound Ramps): Improve intersection geometrics at a fair share cost of 4.0% of the total cost of the improvements. The intersection improvements are as shown in the traffic study:
• Ethanac Road (I -215 Southbound Ramps to I -215 Northbound Ramps):
Improve intersection geometrics at a fair share cost of 3.0% of the total cost of the improvements. The intersection improvements are as shown in the traffic study:
139. RBBD Replacement of Fair Share Contributions – In the event where an RBBD is established prior to the fair share contribution requirements, the project’s RBBD obligation shall supersede any applicable fair share requirement.
G. NPDES and WQMP
140. Stormwater Management - All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program and as determined and approved by the Public Works Director / City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board.
141. Trash Enclosures Standards and Specifications – Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including:
(a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open.
(b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high.
(c) Provision of concrete slab floor, graded to collect any spill within the enclosure.
(d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed.
(e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces.
(f) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access.
Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine.
All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria.
An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following:
a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins.
142. SWRCB, TRASH AMENDMENTS - The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries – collectively referred to as the “Trash Amendments.” Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices in all new and existing catch basins to which this development will be tributary to or receiving from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash full capture devices shall be listed on the State Board’s current list of certified full capture devices posted on their website(https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_impleme ntation.shtml), or otherwise approved by State or Regional Water Quality Control Board staff.
Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city-owned storm drains or otherwise located within the public right of way.
Existing and proposed catch basins shall be retrofitted with a catch basin insert device selected from the list of approved devices by the Santa Ana Regional Water Quality Control Board, and compliant with the State-wide Trash TMDL.
The State Water Resources Control Board, Resolution adopted an amendment to the Water Quality Control Plan for ocean waters of California to control trash, and Part 1 Trash Provisions of the Water Quality Control Plan for inland surface waters, enclosed ba ys, and estuaries of California. Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined as within Priority Land Uses as defined in the amendment, shall provide full trash capture devices in all new catch basins and existing catch basins to which this development w ill be tributary to.
Devices shall meet the requirement of the new Trash Amendment.
Prior to Grading Permit Issuance:
143. Final Project-Specific Water Quality Management Plan (Final WQMP) – The following report was reviewed and approved by the City:
a. Project Specific Preliminary Water Quality Management Plan for Northern Gateway Logistics Center, prepared by Thienes Engineering, Inc., dated November 1, 2023.
Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP , shall be reviewed and approved by the Public Works / Engineering Department. The final developed project construction plans shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP . One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works / Engineering Depar tment. The FINAL WQMP submittal shall include at the minimum the following reports/studies:
a. Hydrology Calculations, prepared by Thienes Engineering, Inc., dated October 25, 2023.
b. Preliminary Geotechnical Evaluation for Proposed Industrial Development, Evans Road, Menifee, CA, prepared by LGC Geotechnical, Inc., dated July 28, 2022.
144. Revising the Final WQMP - In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP , a revised or new WQMP shall be submitted for review and approval by the Public Works / Engineering Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP .
145. WQMP Maintenance Agreement – All water quality features or BMPs shall be located within the property limits, and the maintenance shall be the full responsibility of the developer / project owner. Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R’s) that addresses the implementation and maintenance of proposed WQMP BMPs, or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP.
Prior to Issuance of Any Certificate of Occupancy:
146. WQMP/BMP Education – Prior to issuance of Certificate of Occupancy, the developer / project owner shall provide the City proof of notification to future occupants of all BMP’s and educational and training requirements for said BMP’s as directed in the approved WQMP .
Proof of notification shall be provided to the Public Works / Engineering Department in forms determined acceptable by the Public Works Director / City Engineer. Public Education Program materials may be obtained from the Flood Control District’s NPDES Section through their website at www.rcwatershed.org. The developer must provide to the Public Works / Engineering Department a notarized affidavit, or other notification forms acceptable to the Public Works Director / City Engineer, stating that the distribution of educational materials to future tenants has been completed prior to issuance of occupancy permits.
A copy of the notarized affidavit must be placed in the final WQMP report. The Public Works / Engineering Department MUST also receive the original notarized affidavit with the plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition.
147. Implement WQMP - All structural BMPs described in the project -specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is tributary to, are completed and operational.
148. Inspection of BMP Installation – Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP . The Public Works Stormwater I nspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and / or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners /occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site in a City-maintained database for future periodic inspection.
H. WATER, SEWER, AND RECYCLED WATER
149. Meet Minimum Standards – All public water, sewer and recycled water improvements shall be designed per City standards and ordinances and Eastern Municipal Water District (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD and the City of Menifee.
150. 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.
151. 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 building permit and approval of improvement plans.
152. Sewer Lines – Any new public sewer line alignments or realignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with City standards and ordinances and EMWD standards and specifications.
153. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with City standards and ordinances, as well as those of the Riverside County Fire Department and EMWD standards and specifications.
I. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD)
Prior to Final Map Recordation:
154. Annexation to the Citywide Community Facilities District (CFD) – Prior to final map recordation, the developer / property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services). The citywide CFD shall be responsible for:
The maintenance of public improvements or facilities that benefit this development, including but not limited to, the following: Public landscaping, streetlights, streets, drainage facilities, water quality BMPs, graffiti abatement, and other public improv ements 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.
155. CFD Annexation Agreement – In the event timing for this development’s schedule prevents the developer / property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete prior to the issuance of a building permit. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to issuance of a building permit.
156. Landscape Improvement Plans for CFD Maintenance – Landscape improvements within public ROW and / or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plan for review and approval by the Public Works / Engineering Department.
157. CFD Landscape Guidelines and Improvement Plans – All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block.
The landscape improvement plans shall be reviewed and approved by the Public Works / Engineering Department prior to issuance of a construction permit.
158. Landscaping Within the Public Right -of-Way – The parkway areas around the sidewalk within the public right-of-way fronting the entire property shall be landscaped and irrigated per City standards and guidelines. These areas shall be maintained by the CFD.
159. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system.
J. WASTE MANAGEMENT
160. AB 341 - AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal:
a. Source separate recyclable and / or compostable material from solid waste and donate or self-haul the material to recycling facilities.
b. Subscribe to a recycling service with their waste hauler.
c. Provide recycling service to their tenants (if commercial or multi-family complex).
d. Demonstrate compliance with the requirements of California Code of Regulations Title 14.
For more information please visit:
www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#mand atory
161. 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:
a. Source separate organic material from all other recyclables and donate or self-haul to a permitted organic waste processing facility.
b. Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826.
c. Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project.
As of January 1, 2019, the above requirements are now applicable to businesses that generate four (4) or more cubic yards of solid waste per week and one (1) or more cubic yards of organic waste per week. Additionally, as of January 1, 2019, a third trash bin is now required for organics recycling, which will require a larger trash enclosure to accommodate three (3) trash bins. This development is subject to this requirement.
Prior to Building Permit Issuance:
162. Recyclables Collection and Loading Area Plot Plan - Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/façade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler.
The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit.
163. Waste Recycling Plan - Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP shall be submitted to the City of Menifee Engineering/Public Works Department for approval. Completion of Form B “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program may be sufficient proof of WRP compliance, as determined by the Public Works Director / City Engineer. At minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be ge nerated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and / or reduce the amounts of materials, the facilities and / or haulers that will be utilized, and the targeted recycling or reduct ion rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used to further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept.
Arrangements can be made through the franchise hauler.
Prior to Issuance of Any Certificate of Occupancy
164. Waste Management Clearance - Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. Completion of Form C, “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program along with the r eceipts may be sufficient proof of WRP compliance, as determined by the PW Director / City Engineer.
K. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
165. Fees and Deposits – Prior to approval of grading plans, improvement plans, issuance of building permits, map recordation, and / or issuance of certificate of occupancy, the developer / property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), Development Impact Fees (DIF), and any applicable regional fees including potential Road and Bridge Benefit District (RBBD) Fees.
Said fees and deposits shall be collected at the rate in ef fect at the time of collection as specified in current City resolutions and ordinances.
166. RBBD – The applicant shall pay the RBBD fees based on the designated land use and areas, prior to the issuance of a building permit. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, deferring said payment from the time of issuance of a building permit to issuance of a certificate of occupancy. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit of each parcel.
167. TUMF Fees – Prior to the issuance of an occupancy permit, the developer / property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to adopted City Ordinance governing the TUMF program.
Section III:
Building and Safety Department
Conditions of Approval
168. 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.
169. Compliance with Code. All Design components shall comply with applicable provisions of the 2022 edition of the California Building, Plumbing and Mechanical Codes; 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, and City of Menifee Municipal Code, 2022 California Fire Code.
170. Disabled 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 and standard 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. Accessible path-of-travel from public right-of-way to the main entrance of the structure.
e. Interior and Exterior disabled access requirements and details as required by California Building Code Chapter 11B.
171. California Green Building Code Requirements. Electric Vehicle (EV) a. The plans shall clearly indicate the location and total number of future electric vehicle (EV) parking stalls within the site.
b. The plans shall clearly indicate the location and total amount of future medium and heavy-duty electric vehicle (EV) parking stalls within the site if the building site includes one or more of the following uses: Warehousing, grocery store, retail store with off-street loading areas.
172. 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.
173. 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.
174. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work.
175. Obtaining Separate Approvals and Permits. Temporary construction/sales trailers, temporary power poles/generators, trash enclosures, patio covers, light standards, building and monument signage, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures.
176. Sanitary Sewer and Domestic Water Plan Approvals. On-site sanitary sewer and domestic water plans will require separate approvals and permits from Building and Safety. A total of 6 sets shall be submitted.
177. Demolition. (If applicable) Demolition permits require separate approvals and permits.
AQMD notification and approval may be required.
178. 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.
179. At Plan Review Submittal
Submit one (1) digital complete set of fully dimensioned Structural, Architectural, Plumbing, Mechanical and Electrical Plans, along with one (1) digital set of geotechnical reports and one (1) digital set of precise grade plans. Hard copy plans will not be accepted.
All plans shall be submitted at a digital equivalent minimum 24” x 36” General Requirements
1. All sheets of the plans and the first sheet of the calculations are required to be signed by the licensed architect or engineer responsible for the plan preparation. (Business & Professions Code 5802), (Business & Professions Code 5536.1, 5802, & 6735)
Cover Sheet
2. Vicinity Map
3. Parcel number and Site Address
4. Business Name
5. Occupancy Type
6. Occupant Load
7. Type of Construction
8. Number of stories
9. Building Height
10. Floor Area in sq. ft.
11. Building data: Building Type of Construction, Square Feet of leased area intended use/occupancy, occupant loads, Building Code Data: 2022 California Building Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Green Building Code, 2022 California Energy Code, and 2022 California Fire Code.
12. List any flammable/combustible materials, chemicals, toxic, or hazardous materials used or stored and total quantities or each, including MSDS reports.
13. Indicate if the building has a fire sprinkler system.
14. Sheet Index
Plot Plans
15. North Arrow
16. Property Lines/Easements
17. Street/Alleys
18. Clearly dimension building setbacks from property lines, street centerlines, and from all adjacent buildings and structures on the site plan.
19. Accessible parking/unload areas, curb ramps, exterior route of travel to the leased area entry door and at least one route to the public right-of-way.
20. Precise grading plans indicating surface grades, locations and details for all accessible walkways, parking stalls, access aisles, ramps, etc… Floor Plans
21. All wall lines to be indicated by double line.
22. Fully dimensioned and to scale (3/16 inch per foot minimum)
23. Exit door locations, widths, and direction of door swing.
24. Wall legend. Show walls as existing or new, with references to wall construction details indicating heights, framing member size, spacing and material type, connections at top and bottom and top of wall lateral bracing method.
25. Show all fixed elements of construction e.g., bathroom facilities, fixtures, cabinets, storage racks and/or shelves.
26. Accessible features e.g., fixed customer service counters, including kitchen, dining, or drinking bar counters, new bathroom facilities, access to new areas, features and elements.
Reflected Ceiling Plans
27. Indicate the ceiling treatment, ceiling grid, and the placement of all light fixtures.
Section Views
28. Walls and roof/ceiling finishes, complete occupancy separation and fire resistive construction if required, demising walls etc. For new conditioned spaces, section views shall indicate wall heights and insulation locations for walls and roof/ceilings.
Plumbing/Mechanical Plans
29. System material types and sizes, waste/vent and potable water layouts or isometrics, plumbing fixture schedule, etc.
30. HVAC equipment location, distribution layout, material type and sizes fire/smoke control devices and activation.
31. Include a line of site detail showing new roof top equipment shielding.
32. Gas line diagram, material type, sizes, and load demand.
Electrical Plans
33. Interior Main Distribution single line diagram, panel location/schedule, and load calculations, etc.
34. Electric power and lighting plans, interior fixture schedule, illuminated exit signs and emergency illumination.
35. Title 24 Energy Electrical requirements including multi-level switching arrangements and automatic electrical lighting shut-off system.
Structural Plan/Foundation/Floor/Ceiling/Roof Plan and Details
36. Structural design justification of the existing roof framing for new mechanical equipment exceeding 300lbs.
37. Foundation supporting elements and connections, reinforcement, slab, and footing details, etc.
38. Structural frame plan(s).
39. T-Bar ceiling standard details and seismic restraints.
Supplemental Information
40. Submittal to include one (1) digital set of original shell building Title 24 Energy Calculations or new Title 24 Energy calculations or Energy calculations as for newly constructed conditioned space.
41. Envelope or Mechanical for conditioned space as new construction or, as for an addition including, LTG (lighting) Energy calculations for new lighting with required forms copied to the full-size plan sheets.
42. Separate submittals and permits are required for signs. Planning approval required prior to submittal to Building & Safety.
43. Fees are based on the City of Menifee Adopted Fee Schedule.
44. Restaurant/Food establishments must obtain approval from the County Health Department/Food Division, and the local water/sewer purveyor for grease waste interceptors.
45. All contractors/sub-contractors must show proof of State and City licenses and shall comply with SEC. 3800 of the Labor Code regarding Workers Compensation.
46. Applicant shall obtain all required clearances and/or approvals from Planning, Engineering, Fire, and the appropriate water district(s) prior to issuance of any building permits.
PRIOR TO ISSUANCE OF BUILDING PERMITS
180. All associated Building Fees to be paid.
181. Each Department is required to Approve, with a signature.
PRIOR TO FINAL INSPECTION
182. 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.
PRIOR TO CERTIFICATE OF OCCUPANCY
183. The Business shall obtain a final inspection from all city departments and any other outside agency final inspections.
184. Each department is required to review and approve with a signature on the request for Commercial Occupancy form once ALL Conditions of Approval have been Met/Approved. The Request for Commercial Occupancy form is available on the City of Menifee website at
https://www.cityofmenifee.us/DocumentCenter/View/14362/Request-for-Commercial- Permit-Issuance
You will be required to obtain the signatures in person at the City of Menifee City Hall.
185. The business shall obtain a City of Menifee business license after the Certificate of Occupancy has been issued. Information about the city business license may be found here https://www.cityofmenifee.us/309/Business-License
A business shall not be open to the public or operate without a city business license or a Certificate of Occupancy.
Section IV:
Office of the Fire Marshal
Conditions of Approval
343. 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.
344. FIRE DEPARTMENT TEMPLATE - Provide fire department access road turn template throughout the site showing the outside radius 38’ and inside 14’.
345. SURFACE LOAD AND CAPABILITIES - Fire apparatus access roads shall be designed to support the impose loads of fire apparatus [80,000 -pound live load (gross vehicular weight) distributed over two axles] and shall be surfaced so as to provide all -weather driving capabilities [rear wheel d rive apparatus] for the length and grade(s) of the fire apparatus access road.
346. GATES- Gate access shall be equipped with a rapid entry system to include OPTICOM and Knox Electric switches. Plan shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system.
347. SECONDARY ACCESS- shall be provided in the interest of public safety. The project shall provide an alternate or secondary access.
348. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICLE CLEARANCE- Fire apparatus access roads shall have an unobstructed driving surface width of not less than 24 feet, exclusive of shoulders, with an unobstructed vertical clearance of 13 feet 6 inches.
349. AERIAL FIRE APPARTATUS ACCESS ROADS- Where the vertical distance between grade plane and the highest roof surface exceeds 30 feet, approved aerial fire apparatus access roads shall be provided. Aerial fire apparatus access roads shall have unobstructed width of 26 feet, exclusive of shoulders, in the immediate vicinity of the building or portion thereof.
350. BLUE DOT REFLECTORS - Blue retro -reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants.
351. HYDRANT LOCATION- Fire Hydrants shall be located within 400’ of all exterior portions of the structures without sprinkler systems, measured along required fire apparatus access roads, and adjacent to public streets in the quantities and up to the maximum distance as required by the California Fire Code and Riverside County Fire Department.
352. HYDRANT FIRE FLOW- Fire hydrant(s) shall be capable of delivering fire flow as required by the California Fire Code and Riverside County Fire Department standards.
353. WATER MAINS- The water mains shall be capable of providing required fire flow.
354. 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.
355. ADDRESS- The address shall be posted per the Riverside County Fire Department standards and will be clearly visible from public roadway.
356. TURN AROUND- Turn arounds 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 hamm erhead is used instead, the top of the “T” shall be a minimum of 110 feet in length. (West entrance near Evans road)
357. SPRINKLER SYSTEM- Buildings or structures exceeding 3600 sq. ft are required to have approved CFC and NFPA 13 compliant fire sprinkler systems installed. ESFR system to be required for a project of this size.
358. BUILDING ACCESS- Shall comply per Table 3206.2 California Fire Code, fir -e apparatus access roads in accordance with Section 503 shall be provided within 150 feet of all portions of the exterior walls of buildings used for high pile storage.
359. ACCESS DOORS - Where building access is required by Table 3206.2, fire department access doors shall be provided in accordance with this section. Access doors shall be accessible without the use of a ladder.
360. NUMBER OF DOORS REQUIRED - The required fire department access doors shall be distributed such that the lineal distance between adjacent fire department access door does not exceed 125 ft measured center to center.
361. SMOKE AND HEAT REMOVAL- Where smoke and heat removal is required by Table 3206.2 it shall be in accordance with Section 910.
362. ADDITIONAL REQUIRED HYDRANTS- Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards.
Section V:
Riverside County Environmental Health
Conditions of Approval
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)