DRAFT CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. 38891
(CASE # PLAN-MAPS-2024-00021)
SEPTEMBER 11, 2024
PLANNING DIVISION
The Project is for a Tentative Parcel Map 38891 (PLAN-Maps-2024-00021). This map includes Lot A for street dedication, relinquishing access off Clinton Keith Road except for a 20-foot access opening, a street vacation, and merging two parcels. The Project is at 27723 Clinton Keith Road (APN 392-270-058, 392-270-065).
General:
The tentative map approval is for Tentative Parcel Map No. 38891 to merge two parcels into one and a street vacation totaling 1.80 acres (“Project”). The Project shall be developed in substantial conformance with approved Tentative Parcel Map No. 38891 dated September 11, 2024. This map shall run with the land and be binding upon all successors in interest to the Permittee/Owner to the maximum extent permitted by law. Any proposed change to the map substantially different from this approval shall require an amendment to this approval.
The Permittee/Owner shall defend (with attorneys approved by the City), indemnify, and hold harmless the City of Murrieta, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval of Case No. PLAN-MAPS-2024-00021. The City will promptly notify the Permittee/Owner of any such claim, action, or proceeding against the City and will cooperate fully in the defense.
Any fees due the City of Murrieta for processing this Project shall be paid to the City within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized, or commenced until all outstanding fees are paid to the City.
Pursuant to Section 711.4 of the State of California Fish and Game Code, the applicant is required to pay a $50.00 handling fee. Said fees shall be paid to the Clerk/Recorder of the County of Riverside at the time the Notice of Exemption (15183) is filed pursuant to Section 21152 of the Public Resources Code. If this fee is not paid, the approval of this project shall not be operative, vested, or final. To comply with State mandated timelines for filing of a Notice of Exemption the above fee must be delivered to the Planning Division within two (2) working days after the Effective Date.
Tentative Parcel Map No. 38891 shall record within two (2) years from the date of the approval, or it shall become null and void unless an extension of time is granted pursuant to City Ordinance.
Prior to the expiration of the approval, the Permittee/Owner may request an extension of time in which to use this approval in accordance with the Murrieta Municipal Code Section 16.94.100.
The Project shall comply with all conditions of approval for Tentative Parcel Map 38891 (Case No. PLAN-MAPS-2024-00021) and the Conditions of Approval for SC-2023-00001 (City Council Resolution 23-4693).
This land division shall comply with the State of California Subdivision Map Act and to all requirements of the City’s Development Code, and all other applicable State and Federal codes.
The Permittee/Owner, or any successor-in-interest to the Permittee/Owner, shall be responsible for maintenance and upkeep of all common areas as identified in the recorded Conditions, Covenants, and Restrictions.
The Permittee/Owner shall pay all applicable impact and/or mitigation fees or provide proof that all required fees have been paid in accordance with City policies and ordinances in effect at the time of permit issuance.
Subsequent modifications of this approval may be approved in accordance with the City’s Development Code.
Prior to Final Map Recordation:
After approval of the Tentative Parcel Map and prior to the expiration of the map, the Permittee/Owner shall cause the real property included within the Tentative Parcel Map, or any part thereof, to be surveyed and a Final Map be submitted to the Engineering Department for review and approval for compliance with the approved tentative parcel map and all other Development Code requirements for the Regional Commercial (RC) zoning designation.
The Planning and Engineering Department’s shall review any final map to ensure compliance with the approved Tentative Parcel Map.
Permittee/Developer shall prepare a statement to be provided to the potential purchases of each subdivided lot, and included in escrow for the sale thereof, indicating the General Plan and zone designations for all properties abutting the Map boundaries, with direction to contact the City of Murrieta with questions concerning potential uses of undeveloped property and indicating that zoning may be subject to future change. The form of the letter shall be reviewed and approved by the City of Murrieta as a condition of Parcel Map approval.
The permittee shall, when applicable, provide a note on the final map or prepare an Environmental Constraints Sheet (ECS) to identify any issues of concern that need to be noted as affecting this map.
The City is located within the Mt. Palomar Special Lighting Area, as defined in Section 16.18.110 of the Development Code, low-pressure sodium vapor lighting or overhead high-pressure sodium vapor lighting with shields or cut-off luminaries, shall be utilized.
ENGINEERING DEPARTMENT
General:
The project’s Development Plan Conditions of Approval, Development Plan No. 2019-1846, shall be incorporated herein by reference and shall be submitted as part of the review plan set for any permit issuance.
The Tentative Parcel Map shall correctly show the following, but not limited to, all existing and proposed easements, travel ways, grading, and drainage courses. Any omissions may require the resubmittal of documents and/or plans associated with this application for additional consideration.
The Permittee/Owner shall submit a current and electronically hyperlinked Preliminary Title Report with active connectivity to all referenced recorded documents identified within the report.
Prior to issuance of any grant of approval, the Permittee/Owner shall submit the approved plans and reports (e.g., Tentative Map, Preliminary Grading Plan, Water Quality Management Plan, etc.) that were approved as part of the Discretionary Review Process, in addition to all applicable onsite and offsite improvement plans, grading plans, soils reports, water reports, and any other plan, report, reference plans, and/or document(s) deemed relevant for the issuance of a permit.
Prior to building plans submittal, the following shall be submitted, but not limited to: grading plans, improvement plans, water reports, etc. All plans and reports shall be approved, and construction securities accepted, in accordance with the Murrieta Municipal Code.
Prior to the issuance of any occupancy permit, all conditions set forth in these Conditions of Approval shall be completed.
In addition to any applicable permit issuance, an Encroachment Permit shall also be obtained from the Engineering Department prior to the commencement of any construction within City right-of-way or public jurisdiction easements.
The Permittee/Owner shall coordinate with adjacent property owners if affected by the proposed offsite improvements. The Permittee/Owner shall be solely responsible for any acquisition of any necessary easements and/or agreements prior to plan approval. All easements and/or agreements shall be notarized and recorded in a format acceptable to the City Engineer.
All Plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City-formatted bond sheets. The Permittee/Owner shall review all plan check comments and make certain their consultants address all comments in each subsequent submittal. All plan check comments must be returned with each subsequent submittal. Failure to do so may result in additional plan check fees due to additional review time.
The Permittee/Owner shall comply with all current and applicable requirements set forth in the City of Murrieta’s Municipal Code, Development Code, Standard Drawings, Ordinances, Policies, and Resolutions, along with all applicable State (e.g., State Water Resources Control Board) and Federal regulations, whether or not such provisions or requirements have been specifically set forth in these conditions, all of which are now incorporated herein by reference, and fully set forth at this point.
Prior to approval of any plans, reports, or legal documents, the Permittee/Owner shall submit clearances from all applicable agencies and pay all outstanding plan check and processing fees.
Security bonds for a portion of the construction costs shall be in the form of a cash deposit, as approved by the City Engineer. The remaining amount shall be at the Developer’s cost.
Agreements and/or easements shall be notarized and recorded in a format acceptable to the Engineering Department and shall designate maintenance responsibilities conforming to those associated/identified on the approved Tentative Parcel Map. The agreements and/or easements shall also address uninterrupted access and utility services to affected existing properties during construction and show the recording information (instrument number and date) on the appropriate plan(s).
PRIOR TO ISSUANCE OF ANY PERMIT, THE PERMITTEE/OWNER SHALL COMPLETE THE FOLLOWING, UNLESS OTHER TIMING IS SPECIFIED:
Street Improvement Plans
Approval and recordation of the Final Map may occur after approval of, but not limited to, the improvement plans, securities, and agreements. The Final Map may include “Improvement Notes” requiring improvements prior to city-specified benchmarks (e.g., any permit issuance).
The Permittee/Owner shall design and guarantee construction of the following public improvements to the current City of Murrieta Circulation Element and corresponding City standards unless otherwise noted:
Design, dedicate right-of-way, and improve the Clinton Keith Road frontage, to a half width of 55 feet centerline to right-of-way (plus additional right-of-way as needed for required improvements, e.g., right-turn lane into main dwy), per Arterial Highway City Standard 101 and the City’s General Plan 2035 Circulation Map.
Restripe Clinton Keith Road, half width, per Arterial Highway City Standard 101 and the City’s General Plan 2035 Circulation Map. Offsite transition striping shall be provided, to the satisfaction of the City Engineer.
In addition to the road widening, the Developer shall design and construct an exclusive right turn lane into the main project driveway. The design (transition lane, lane, width, etc.) shall be to the satisfaction of the City Engineer.
Proper right-of-way shall be dedicated at the southwest corner of Clinton Keith Road and McElwain Road, to the satisfaction of the City Engineer.
The exact depth of street structural section and subgrade requirement shall be based on subgrade "R" value tests and the appropriate Traffic Index for the type of street, as determined by the Geotechnical Engineer and the City Standards, whichever is greater.
Existing street pavement on Clinton Keith Rd, along the project frontage, shall be core tested to determine if the existing structural section meets current City Standards. Core testing shall be taken by a qualified engineer at locations approved by the Director of Public Works. Substandard sections shall be reconstructed or overlaid. The Director of Public Works shall have the final approval for all street conditions and the limits of the pavement reconstruction and/or resurfacing.
The exact alignment, width, and design of all turning lanes, travel lanes, driveways, striping, and all other traffic control devices and measures, including turnouts, bike lanes, and width transitions, shall be approved by the City Engineer.
Permittee/Owner Improvement plans shall show all existing and proposed drainage and stormwater facilities, including surface and subsurface construction. All required drainage easements shall be monumented along the boundaries as approved by the City Engineer. Access easements shall be provided where necessary and shall be improved, fenced and aligned to the satisfaction of the City Engineer.
A light-emitting diode for the public and private street lighting system shall be shown on the street improvement plans and shall be installed at locations specified by the City Engineer at no cost to the public. All installations shall be compliant with the City’s Street Lighting Standards, 619, 620, and 620C.
Permittee/Owner shall provide a Street Improvement Plan prepared by a registered Civil Engineer in accordance with City standards. The centerline profile shall extend a minimum of 300 feet beyond the project boundaries showing grade and alignment.
All street improvement designs shall provide adequate right-of-way and transitions to existing improvements, per Caltrans standards.
The Permittee/Owner shall provide a construction area Traffic Control Plan, if required by the Traffic Engineer. The plan shall be prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department. The Traffic Control Plan shall address roadway widening / street closures / median improvement, detour or other disruption to traffic circulation as required by the Engineering Department.
Corner property line cut off for vehicular sight distance and installation of pedestrian and traffic control facilities shall be provided at all street intersections and entrances in accordance with City Standards. The line of sight shall be shown on all grading, street improvement, and landscape plans in accordance with Std. 214. Signs are not allowed within the Limited Use Area.
The Permittee/Owner shall bring existing handicap access ramps within the public right-of-way, and adjacent to the project, to current ADA requirements. Title II of the American Disabilities Act requires public entities to ensure that persons with disabilities have access to the pedestrian routes in the public right-of-way. This includes updating any existing handicap access ramps across the street or driveway that are accessible to the proposed handicap access ramps.
The Permittee/Owner shall submit a cost estimate prepared by a registered civil engineer. The cost estimate shall include all costs but not limited to plan preparation, plan check fees, permit fees, bonding, staking, construction costs, erosion control, soils engineering; construction management, etc.
The street improvement design shall provide adequate right-of-way and transitions to existing improvements, per Caltrans standards.
Dedicated easements for traffic signal loops that are to be maintained by the City.
All existing street and property monuments within or abutting this project site shall be preserved. If such monuments are damaged or destroyed, the Permittee/Owner shall retain a licensed land surveyor or a qualified registered civil engineer to reset those monuments per City Standards and file the necessary information with the County Recorder’s office as required by California Business and Professions Code Section 8771. If damaged, existing monuments that are no longer relevant do not have to be replaced, subject to approval by the City Engineer.
Geotechnical
A comprehensive geotechnical report shall be prepared by a registered Geotechnical Engineer and submitted to the engineering department as part of the initial grading plan check.
The report shall address in-situ soils conditions; shall provide the following, but not be limited to:
a percolation/infiltration analysis;
identify any geotechnical hazards for the site;
provide recommendations for the construction of engineered structures, provide preliminary pavement sections,
provide slope stability analysis,
identify faults that may affect the proposed project and confirm buildings meet setback requirements, as applicable. evaluate slope stability and potential effect of proposed construction on nearby slopes, public right-of-way and neighboring properties. address the feasibility of long-term infiltration of stormwater runoff onsite, and if subdrains will be required for any proposed infiltration BMPs.
Provide recommendations for any special construction methods as necessary.
All recommended measures identified in the report shall be incorporated into the project design. If located in a Geologic Special Study Zone, the report may, at the discretion of the City Engineer, be subject to a third-party review. If third party review is required, the Permittee/Owner must submit an application and schedule to have any open trenches inspected by a City-approved third-party reviewing consultant.
If project is determined to be a “Priority Development Project”, a geotechnical engineer, civil engineer, certified engineering geologist or certified hydrogeologist shall prepare a percolation analysis and determine infiltration rates for the purpose of determining water quality best management practices (i.e., Water Quality Management Plan).
See Appendix A, Section 1.8 – Final Report, of the Riverside County Low Impact Development BMP Design Handbook, as a guide for preparing the analysis.
Infiltration testing requirements shall adhere to Appendix A – Infiltration Testing, of the Riverside County Low Impact Development BMP Design Handbook (e.g. Table 1 Infiltration Testing Requirements).
A note shall be added on the grading plan identifying the infiltration rates used in the WQMP. If BMP locations differ, laterally and/or vertically, from the WQMP, additional infiltration tests may be required to be conducted and submitted for review and approval by the City.
Final Map
The Permittee/Owner shall submit a final map prepared in accordance to the City of Murrieta Development Code and California Subdivision Map Act. The final map shall be prepared by a licensed land surveyor or qualified/registered civil engineer.
Approval and recordation of the final map shall occur with the time of approval of, but not limited to, the improvement plans, securities, and agreements, unless other timing is indicated. The final map may include “Improvement Notes” requiring improvements prior to city-specified benchmarks (e.g., any permit issuance).
Prior to approval of Final Map, the Permittee/Owner shall submit an application and pay a fee for a City administrator to reapportion any existing assessment district liens. The fee proposal from Willdan Financial Services includes a base amount and per parcel charge so the total amount will vary depending on number of parcels.
Easements, when required for roadway, slopes, landscape easements, drainage facilities, utilities, etc., both onsite and offsite shall be shown on the final map. All offers of dedication and conveyances shall be submitted for review and approval, and recorded as directed by the Engineering Department. On-site public drainage facilities located outside of road right-of-way shall be contained within private drainage easements as determined to be necessary. A note shall be added on the final map stating, “Drainage easements shall be kept free of buildings and obstructions.” The Permittee/Owner shall incur all costs associated with the formation of a suitable maintenance district for all associated slope and drainage easements, including landscaping and access.
All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Engineering Department.
Relinquish and waive abutter’s right of access to and from Clinton Keith Road excepting those areas as shown on the approved tentative map.
Access rights, as shown per Instrument No. 1992-114780, shall be revised/updated to coincide with the Tentative Parcel Map.
An easement for a joint use driveway shall be provided prior to approval of the final map or issuance of building permit, whichever occurs first. The easement shall provide access to the parcel(s) southeast of Clinton Keith Rd & McElwain Rd and shall be noted on the final map.
Any proposed vacations or abandonments of existing public right-of-way or easements shall be shown on the final map.
Proof of payment of any, and all, delinquent property taxes shall be provided prior to recordation of the final map.
All existing street and property monuments within or abutting this project site shall be preserved. If such monuments are damaged or destroyed, the Permittee/Owner shall retain a licensed land surveyor or a qualified registered civil engineer to reset those monuments per City Standards and file the necessary information with the County Recorder’s office as required by California Business and Professions Code Section 8771. If damaged, existing monuments that are no longer relevant do not have to be replaced, subject to approval by the City Engineer.
Subject to the discretion of, and final approval by, the City Council, the City shall Catt Road right-of-way. If the vacation is denied, the Permittee/Owner shall submit revised plans for substantial conformance review as required by the development code.
The City Attorney shall approve the CC&R’s prior to approval of the final map by the City Council. The CC&R’s shall include language to notify the property owners and occupants of the requirements to implement the approved project-specific WQMP. The CC&R’s shall also include language that it is the property owner’s responsibility to maintain the landscaping and irrigation in the public right-of-way. Tab the sheets and highlight the areas that fulfill this condition on one of the two copies.
Provide the required number of hard copies and one electronic copy of the final map. The electronic copy shall be in an AutoCAD and PDF format to the satisfaction of the City’s GIS Department.
Prepare and record an Owner’s statement acceptable to the City Engineer with a note to the effect that the property owner is responsible for the maintenance of the parkway lighting, landscaping and irrigation including any applicable water quality treatment facilities/devices. Any other work within the public right-of-way will require an encroachment permit.
During Construction
The Permittee/Owner shall coordinate with the City’s Construction Manager with approved/signed grading improvement plans and grade/construct per said plans, as approved by the City Engineer.
Permittee/Owner shall construct all public improvements, per the approved and bonded improvement plans, as approved by the City Engineer.
Minor field changes may occur at the discretion of the City’s Construction Manager.
Changes other than minor shall be submitted to the engineering department as a construction change submittal for review by engineering and approval by the City Engineer.
The Permittee/Owner shall construct all onsite grading improvements, per the approved and bonded grading plans, as approved by the City Engineer.
Minor field changes may occur at the discretion of the City’s Construction Manager.
Changes other than minor shall be submitted to the engineering department as a construction change submittal for review by engineering and approval by the City Engineer.
If applicable, a qualified biologist shall delineate jurisdictional areas that are not to be disturbed. Barrier fencing shall be installed, as approved, delineating the areas of avoidance. Once construction is completed, the same qualified biologist shall certify that no jurisdictional area was disturbed or damaged.
Construction fencing shall be placed so as not to interfere with sight distance and comply with City Std. No. 214.
If dirt or construction debris is to be transported into, or off, the site, a haul permit will be required as part of the grading permit process. Both import and export locations must be permitted sites. If so, submit a proposed haul route plan and comply with all conditions and requirements the City Engineer may impose to the hauling operation.
The exact depth of street structural section and subgrade requirement shall be based on subgrade "R" value tests and the appropriate Traffic Index for the type of street, as determined by the Geotechnical Engineer and the City Standards, whichever is greater.
If any water wells are found onsite, they shall be protected in place or abandoned, as approved by the State Department of Water Resources and Riverside County Health Department. Confirmation of abandonment approval shall be provided to the City.
The Permittee/owner shall confirm the infiltration rates coincide with the rates used in the Water Quality Management Plan. If BMPs are to be placed in areas and/or depths different from the original infiltration testing, thereby posing potentially different infiltration rates from those originally obtained, new infiltration testing may be required and BMP designs may be impacted.
The Permittee/Owner shall construct all sewer and water improvements necessary to serve this project. Private sewer force mains are not allowed in the public right-of-way unless otherwise approved by the City Engineer.
The Permittee/Owner shall install all existing and proposed utility systems underground, including electric lines 32kv and lower (as applicable), telephone, and cable TV, in accordance with City Codes, the utility provider, and as approved by the City Engineer. All applicable appurtenances shall also be installed. Easements shall also be provided as required.
Above-ground Edison transformers shall be installed behind the right-of-way line, as approved.
Obtain clearance from the dry utility companies and gas company.
Permittee/Owner shall install all dry, wet, and gas utilities prior to the placement of final cap or lift of asphalt pavement to avoid new street improvements from being marred by saw cuts, potholes, equipment, etc.
The building pad shall be certified by a registered Civil Engineer for location and elevation. Additionally, the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions.
Building pad certification shall be obtained prior to building footing inspection.
Building pad certification shall be obtained prior to building foundation cement pour.
Existing street pavement along the project’s frontage(s), shall be reconstructed or overlaid, as approved by the City Engineer. If core testing was NOT done prior to permit issuance:
Existing street pavement along the project’s frontage(s), shall be core tested to determine if the existing structural section meets current City Standards. Core testing shall be taken by a qualified engineer at locations approved by the Director of Public Works. Substandard sections shall be reconstructed or overlaid. The Director of Public Works shall have the final approval for all street conditions and the limits of the pavement reconstruction and/or resurfacing.
All existing street monuments within or abutting this project site shall be preserved. If such monuments are damaged or destroyed, the Permittee/Owner shall retain a licensed land surveyor or a qualified registered civil engineer to reset those monuments per City Standards 617a, 617b, 617c, and file the necessary information with the County Recorder’s office as required by California Business and Professions Code Section 8771. If damaged, existing monuments that are no longer relevant do not have to be replaced, subject to approval by the City Engineer.
For reconstructed existing street(s) and/or intersection(s), street centerline monuments shall be set per City Std. 617a, 617b, and 617c, and elevations provided, unless specified otherwise by the City Engineer, or assignees.
FIRE AND RESCUE DEPARTMENT
Prior to the issuance of a grading permit, a fire department access plan shall be submitted to the Murrieta Fire & Rescue for review and approval. The fire department access plan shall comply with the requirements specified by Murrieta Municipal Code, California Fire Code (CFC), Chapter 5 and Appendix D and all the following:
Fire department access road complying with the CFC, Chapter 5 and the approved fire department access plans shall be installed prior to building construction.
Required fire hydrants shall be installed and operational prior to building construction and the hydrants shall remain operational during construction.
Required fire hydrants shall be readily visible and accessible with a clear space of not less than 5 feet to always be maintained. Fire hydrants shall be centered in a 4-foot x 4-foot concrete pad.
Water improvement plans shall be approved by Murrieta Fire & Rescue. The Developer shall furnish Murrieta Fire & Rescue with three (3) copies of the water improvement plans designed by a Registered Engineer and/or Licensed Contractor. On-site private fire service mains shall have a minimum of eight (8) inch water mains with six (6) inch laterals and risers. Larger pipes may be required to meet required fire flow requirements. Fire hydrants shall provide one 4” port and 2- 2 ½ ports and must be an approved fire hydrant type. The private fire hydrant system must be approved, installed, tested, and accepted, prior to combustible construction.
Fire hydrants shall be installed at intersections and every 300 feet of fire access roadways, regardless of parcel size. The size of fire hydrant outlets shall be a minimum of one 4-inch and two 2-½ inch NST outlets as required by the Fire Code Official.
END OF CONDITIONS
Exhibit A
Draft Conditions of Approval
Tentative Parcel Map 38891 (PLAN-Maps-2024-00021)
September 11, 2024