DRAFT CONDITIONS OF APPROVAL DEVELOPMENT PLAN 2021-2466 MARCH 13, 2024
The approval of Development Plan (DP-2021-2466) allows for the development of a 5,158 square foot convenience store with an attached express car wash and a gas canopy with six multiple product dispensers on Parcel 1 and an 886 SF drive-through coffee shop with a 336 SF outdoor patio on Parcel 2 (“Project”) in conjunction with Tentative Parcel Map 38837 (TPM-2021-2468), Conditional Use Permit (CUP-2021-2467), Conditional Use Permit (CUP-2021-2469), and a Phasing Plan (PHS-2021-2470). The project includes an on-site parking lot, landscaping, and associated improvements located northeast of Clinton Keith Road and Mitchell Road (APN: 392-230-035). This permit runs with the land and shall be binding upon the owner of the subject property (“Permittee”) and all subsequent successors in interest.
PLANNING DIVISION
General Requirements
The Permittee 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 Development Plan 2021-2466. The City will promptly notify the Permittee 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 Determination 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. In order to comply with State mandated time lines for filing of a Notice of Determination the above fee must be delivered to the Planning Division within two (2) working days after the Effective Date.
The approved, site, building, and landscaping plans shall be developed in conformance with all exhibits approved by the Planning Commission and on March 13, 2024. Subsequent modifications of this approval, which do not intensify the use, including but not limited to reorientation of structures, alteration of parking and circulation design, minor changes to the conditions of approval, interpretations of the conditions of approval relative to intent, necessity of, and timing, may be approved by the Director, unless the Director requires a Substantial Conformance or Revised Permit application in accordance with the Development Code.
The project shall be in substantial conformance with all written project proposal information and any verbal agreements or representations made to the decision-making body as part of its consideration of the project. Any proposed change substantially different than the approved project shall require an amendment to this approval in accordance with the Development Code.
The development of these premises shall comply with the standards and applicable provisions of the City’s Development Code and all other applicable State and Federal codes and ordinances in effect at the time of building permit issuance.
The Permittee 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.
At all times during the conduct of the use(s) allowed by this permit, the use(s) shall maintain and keep in effect valid licensing from appropriate local, state and/or federal agencies as required by law. Should such required licensing be denied, expire or lapse at any time in the future, this permit shall become null and void.
In the event the use hereby permitted under this permit is: (a) found to be in violation of the terms and conditions of this permit; (b) found to have been obtained by fraud or perjured testimony; or (c) found to be detrimental to the public health, safety or general welfare, or a public nuisance; this permit shall be subject to the revocation procedures in Section 16.82 of the Development Code.
The Permittee/Owner shall obtain approval of all necessary plans for the construction of the new structure proposed by the project on the subject property in accordance with the Murrieta Development Code and Building and Safety requirements and Codes. Such plans include, but are not limited to, site plans, floor plans, building elevations, grading plans and landscaping plans.
All construction plans and use shall be in substantial conformance with the approved site plans, floor plans, elevations, material and color board, and landscaping plans. This permit runs with the land and shall be binding upon Permittee/Owner of the subject property (“Property Owner”) and all subsequent successors in interest to the Permittee/Owner as to such land.
This approval shall be used within three (3) years of approval date, otherwise it shall become null and void and of no effect whatsoever, in accordance with Development Code Section 16.80.050.
Prior to the expiration of this approval, the Permittee may request an extension of time, pursuant to the requirement of the City’s Development Code for extensions of time for Development Permits.
The project shall comply with the provisions pertaining to construction activity as stated in Section 16.30.130 of the City of Murrieta Municipal Code:
The operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work is prohibited between Monday through Saturday, from 7 P.M. and 7 A.M., or at any time on Sundays or holidays.
Construction activities must be conducted in a manner that the maximum noise levels at the affected structures would not exceed those listed in section 16.30.130.
All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air-intake silencers in proper working order.
Mechanical or other utility equipment shall be screened whether it is located on the roof, side of the building or on the ground. The method of screening shall be architecturally integrated in terms of materials, color and form. Rooftop equipment should be integrated into the design of the building.
Any mechanical equipment and vents (ground or rooftop) shall be screened from view from any public right of ways, landscaping area, open space and parking area. Line of sight details shall be included in the plans for building permit issuance and stamped by a licensed architect. In addition, details including the height of the roof-top equipment and height of the parapet must be a detail within the plans for building permit issuance. Also, during the Planning Division review of the building plans, the design of a proposed screening method shall be included within the building plans in the event the rooftop equipment is visible.
If any time during the building inspection process, any roof-top equipment is found to exceed the height provided in the details of the approved plans for building permit issuance, the Permittee must submit proposed method for screening of the equipment. Approval of such screening method is at the discretion of the Planning Division.
Planning Division Approval and Building Permit Issuance must be obtained prior to any installation of the proposed screening method.
Roof gutters and downspouts are not permitted on the exterior of the building unless satisfactorily integrated into the architecture.
All exterior/outdoor lighting fixtures including parking lot lights and outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division for plan check approval and shall comply with the requirements of Development Code Section 16.18.100-Lighting and 16.18.110-Mt Palomar Lighting Standards.
A minimum of 96 square feet of refuse/recycle area (48 square feet for refuse and 48 square feet for recycling) shall be provided for the project and located evenly throughout the project site to serve all buildings in accordance with Section 16.18.150.
All trash bins shall be stored in approved enclosures and screened in compliance with Sections 16.18.120 and 16.18.150 of the Murrieta Development Code.
The location of the enclosures must be shown on the precise grade plan and the surface, including the access apron shall be constructed with concrete.
A trellis or other architecturally compatible cover shall be incorporated into the trash enclosure design.
No signs are approved as part of this project approval. Prior to the installation of any on- site advertising or directional signs, a sign program application shall be submitted to the Planning Division for review and approval.
No outdoor advertising display, sign or billboard (not including on-site advertising or directional signs) shall be constructed or maintained within the property subject to this approval.
The project shall comply with all of the applicable requirements of the National Pollution Discharge Elimination System (NPDES) and shall conform to NPDES Best Management Practices for Stormwater Pollution Prevention Plans during the life of this permit.
Prior to placement of a construction trailer, office trailer, or any temporary trailer/structure for this project; a completed Temporary Use Permit application must be submitted for review and approval. Allow a minimum of 30 days processing time for review and approval by City staff.
The project site shall be the point-of-sale for the purpose of collecting any sales tax on goods that are sold, delivered or rented on the site.
Product deliveries to this location shall be limited to daylight hours and occur outside of peak business hours to avoid any stacking or queuing issues within the drive-through.
Outdoor speakers are not permitted as part of this entitlement approval.
All installed landscaping shall be maintained in good order and health throughout the use of this site in compliance with the approved landscape plans.
An interior room, with direct exterior access, shall be provided for the placement of main utility electrical switch gear distribution, roof access ladders and any other mechanical or utility equipment.
The Permittee, or any successor-in-interest, 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 the individual property owners or any other successor-in-interest.
Prior to the release of any final occupancy permit, temporary landscape for parcel 3 and perimeter landscape on parcels 1 and 2 shall be installed according to the approved landscape construction plan. The temporary landscape for parcel 3 shall be comprised of a fire-resistant ground cover material and include a temporary irrigation system. The perimeter landscape along parcels 1 and 2 on Clinton Keith Road and Mitchell Road shall be a minimum of 15 feet in width. The temporary and perimeter landscape shall be reviewed and approved by the City prior to installation. All exterior perimeter landscaping (minimum width of 15 feet), on-site driveway(s), parking areas, common areas, and pedestrian linkages shall be constructed prior to the release of first/any occupancy.
The project shall comply with the required improvements identified for each phase as identified on the conditions for the Phasing Plan PHS-2021-2470 dated March 13, 2024.
At the time of Precise Grade Review submittal, the developer shall submit to the Planning Division a current Mitigation Monitoring & Reporting Program (MMRP). This document shall demonstrate which Mitigation Measures from the Original IS/MND are no longer applicable along with supporting evidence in a booklet format, if already implemented, and identify in the modified table when and how any outstanding Mitigation Measures will be implemented.
General Plan Mitigation Measures
AES-1 During Pre-Construction and Construction-For future development located in or immediately adjacent to residentially zoned properties, construction documents shall include language that requires all construction contractors to strictly control the staging of construction equipment and the cleanliness of construction equipment stored or driven beyond the limits of the construction work area. Construction equipment shall be parked and staged within the project site, as distant from the residential use, as reasonably possible. Staging areas shall be screened from view from residential properties.
AES-2 During Pre-Construction and Construction-Construction documents shall include language requiring that construction vehicles be kept clean and free of mud and dust prior to leaving the development site. The construction entry and exit to the development site shall be swept daily or as needed and maintained free of dirt and debris per the SWPPP.
AES-3 During Pre-Construction and Construction-Construction worker parking may be located off-site with prior approval by the City. On-street parking of construction worker vehicles on residential streets shall be prohibited.
CR-2 During Excavation and Grading Activities-In the event that cultural resources (archaeological, historical) resources are inadvertently unearthed during excavation and grading activities of any future development project, the contractor shall cease all earth-disturbing activities within a 100-foot radius of the area of discovery. If not already retained due to conditions present pursuant to Mitigation Measure CR-1, the project proponent shall retain a qualified professional (i.e., Native American Tribal monitor), subject to approval by the City of Murrieta to evaluate the significance of the find and appropriate course of action (refer to Mitigation Measures CR-1 and CR-3). If avoidance of the resources is not feasible, operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. After the find has been appropriately avoided or mitigated, work in the area may resume.
CR-3 During Excavation and Grading Activities-In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to State Health and Safety Code Section 7050.5, no further disturbance shall occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC).
The NAHC shall then contact the most likely descendant of the deceased Native American, who shall serve as consultant on how to proceed with the remains.
Parking
All lighting fixtures including lighting within parking areas shall be designed with shielding or cut-off fixtures to project in a downward manner to minimize glare and to not shine directly upon adjoining property or public rights-of-way.
Parking for this project was determined on the basis of City’s Development Code Chapter 16.34, which requires a minimum of 18 parking spaces. The project is providing 35 parking spaces. Any change in land uses which increases the calculated parking requirements beyond the required parking spaces is subject to review for compliance with the City’s Chapter 16.34 and such change in land use may not be permitted. All parking shall be designed and improved pursuant to City’s Development Code Chapter 16.34, and shall be in conformance with the approved plans.
Any exterior lighting within parking areas adjacent to a residential zoning district shall not exceed 15-feet in pole height, with a maximum of 0.3 foot-candles illumination at adjacent residential property lines. All lighting fixtures shall be designed with shielding or cut-off fixtures to project in a downward manner to minimize glare and to not shine directly upon adjoining residential zoned property or public rights-of-way.
A minimum of two (2) bicycle rack/spaces shall be provided in compliance with Development Code Section 16.34.090. The bicycle racks/spaces shall be shown on project landscaping and improvement plans submitted for Planning Division approval, and shall be installed in accordance with those plans.
Parking spaces(s) for persons with disabilities shall be provided as shown on APPROVED PLANS. Each parking space reserved for persons with disabilities shall:
(a) be identified by a permanently affixed reflective sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility; (b) not be smaller than 70 square inches in area; (c) be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade; and (d) have a surface identification sign duplicating the symbol of the accessibility in blue paint of at least 3 square feet in size.
Walls or retaining walls proposed on-site shall be decorative and be comprised of the slump-stone or split face material. All proposed walls shall comply with the Development Code with regards to setbacks and height limitations.
The temporary fencing on the southern boundary of parcel 3, shall match the material and height of the temporary fencing for the property to the east.
Internal pedestrian path of travel shall incorporate enhanced decorative paving material such as stamped and colored concrete. This decorative material shall extend onto the pedestrian path of travel areas identified in the drive aisle.
Prior to issuance of grading permits:
Grading plans must be reviewed by the Planning Division for compliance with the approved site plan.
Prior to Building Permit Issuance:
A minimum of 30 days prior to building permit issuance, the permittee shall submit an application for addressing.
Prior to occupancy:
The Permittee shall contact the Planning Division a minimum of 72-hours to allow for scheduling of any inspection required for this project.
Unless otherwise indicated, all conditions, and other requirements shall be fully constructed and implemented prior to final inspection of the building and/or site improvements.
LANDSCAPE
Prior to the issuance of grading permits:
Three printed copies and one digital copy of landscape construction plans shall be submitted to the Planning Division. A licensed Landscape Architect shall prepare the plans.
The landscape construction plans shall be in substantial conformance with the preliminary landscape plans as approved by the City’s Landscape Architect, City Administrative Staff, Planning Commission and/or City Council. Notes, details, and specifications shall be included.
It is the responsibility of the landscape architect to be aware of and comply with the requirements and standards of Title 16.28 of the Murrieta Municipal Code, the City’s current policies, and current State of California water efficient landscape requirements.
It is the responsibility of the applicant and owner’s design team to be aware of and comply with the layout and landscape requirements and standards for Off-Street parking according to Title 16.34 of the Murrieta Municipal Code.
It is the responsibility of the applicant and owner’s design team to be aware of and comply with the requirements of Title 16.42 Tree Preservation. This chapter provides regulations for the protection, preservation, and maintenance of significant tree resources and establishes minimum mitigation measures for trees removed as a result of new development.
All plantings within the Very High Fire Severity Zone shall be designed using approved fire resistive plants. Exclude all plant material on the Wildland Urban Interface Undesirable Plants and Trees list.
Landscape design, including but not limited to tree groupings and required setbacks, shall be in accordance with Murrieta Fire & Rescue guidelines, standards, and policies.
Natural wood bark mulch or other approved mulch material shall be applied to all planting areas 3 inches deep, except where restricted by Murrieta Fire & Rescue requirements. An alternate non-combustible mulch shall be used wherever wood mulch is restricted.
All planter areas shall provide a minimum 5-feet wide planter area clear of curbs, concrete step-out strips, walkways, walls, footings, and overhead supports.
Step-out strips are required when adjacent to parking spaces and shall be 12” wide by 4” deep doweled into the adjacent 6” curb, or 12” wide by 12” deep integrally poured curb. Show step-out strips on plans and coordinate with the project engineer.
Provide a minimum of 5-foot-wide planters with landscape screening on three sides of trash enclosure.
Provide canopy shade trees at parking spaces no farther than 20-30 feet on center to provide the required percentage of shade for total parking space area at 15 year growth. Tree symbols are to be shown at species’ 15 year growth, and data for required and provided shading percentages are to be included on planting plan.
Diamond tree planters are to be configured at sidewalks when directly adjacent to parking spaces. Provide one planter for every three parking spaces to contribute to the required shading percentage. The diamond in profile shape will achieve a sufficient plantable area while avoiding conflicts with pedestrian path of travel. Interior plantable area is to be a minimum of 20 square feet, however, 25 square feet is preferred.
Mature specimen trees in thirty-six inch or forty-eight inch boxes shall be provided for large projects in sufficient quantity to provide variety and emphasis at main focal areas. Quantity and locations are subject to the review and approval of the director.
Fire apparatus access roads shall be illustrated and noted on the planting plan. Trees are to be located so that the mature canopies do not encroach into the access road clear zone of 28 feet wide and 13.5 feet high. Reposition any tree in conflict with this restriction.
If any changes to the tree and plant palette are proposed as part of the landscape plan check submittal, all perimeter trees, shrubs, and groundcover re-selections shall coordinate with surrounding properties. Avoid all trees and plants listed on Murrieta Fire & Rescue Wildland Urban Interface Undesirable Plants and Trees lists.
Provide enhanced corner planting in substantial conformance with the approved entitlement landscape concept that do not conflict with vehicular line of sight. Limit shrubs to a maximum of 30” natural height. All plans shall show location of limited sight area at corners as calculated per City Standard No. 214 Intersection Sight Distance.
Avoid plants that require cutting back to keep them within a specific area or at a trimmed height. Carefully select and locate plants where they will be allowed to grow to maturity and keep their natural shape.
Plant materials within vehicular line of sight impact areas are to be limited to a maximum of 30” natural height. Impact areas include but are not limited to project entries, drive aisles, and parking lot island planters.
Slopes shall be landscaped, at a minimum, according to City’s Slope Landscaping, Requirements for Subdivision Tract and Commercial Slopes document. Refer to City’s website under Planning Division, Applications and Forms, Landscape Handout.
At plantable retaining walls, hearty ground covers shall be provided within the planter spaces to ensure mature growth within 2 years.
All areas of the project site shall be landscaped per the approved plans and conditions of approval. Provide a living groundcover for vacant pad areas, an ornamental low growing native hydroseed mix may be acceptable. Landscaping within vacant pad sites shall not be counted towards meeting the landscape area requirements.
Linear root barriers shall be installed for all trees located within 5 feet of paving and within 10 feet of city sidewalks.
Inspect existing site landscaping to identify areas that have missing or unhealthy plant material. On the landscape plan, specify areas and replacement plant material that will restore the existing landscape to a healthy filled in appearance in compliance with Murrieta Municipal Code section 16.28.090. Select shrubs and groundcover to match or coordinate with surrounding landscape.
Above ground utilities shall be screened as required from public view per the approved plans. Fire equipment shall have a setback of 3 feet, or as otherwise permitted, where only low growing ground covers shall be planted.
Additional screening shrubs in 15 gallon size may be required at time of final landscape inspection by Planning and/or the City’s Landscape Inspector, once location of utilities and equipment are final. If screening shrubs are not allowed, in order to comply with applicable fire code at time of landscape plan check and/or inspection, an alternate non-landscape screening may be requested.
Utilities and light standard locations shall be coordinated with Owner’s engineering team to avoid conflicts with required tree locations and utility screening.
Protective ADA-compliant tree grates shall be provided for any trees that are planted in pedestrian ADA walkways, allowing for maximum aeration. Tree wells with tree grates shall be a minimum interior width of 5’-0” and area of 25 sq. ft. Trees not planted within an ADA path of travel shall not require tree grates.
An opaque screen shall be installed along all drive aisles and parking areas abutting public streets and rights-of-way. The screening shall have a height of not less than thirty (30) inches and not more than forty-two (42) inches at maturity. Screening shrubs shall be 15 gallon minimum and spaced closely to provide immediate screening at time of installation. Spacing should be as close as feasible while still allowing for healthy long-term growth and condition at maturity. This condition, and other landscaping requirements, may be modified to meet the Fuel Modification requirements due to site being in Very High Fire Severity Zone. If screening shrubs are not permitted or are not able to sufficiently screen headlight glare based on current fire code at time of plan check submittal, an alternate screening method will be provided such as a low wall, landscape berm, a combination there of or similar method as needed to prevent headlight glare from entering adjacent public streets.
Provide building foundation planting at base of all buildings with adjacent planters per approved plans. Foundation planting may be modified to meet the Fuel Modification requirements due to site being in Very High Fire Severity Zone.
Final tree locations shall be considered carefully to minimize and avoid wherever feasible tree canopy overlap onto adjacent Caltrans right-of-way. Carefully locate trees to maintain required perimeter screening and tree quantity, while minimizing canopy over Caltrans right-of-way. At very narrow planter areas adjacent to right-of-way, consider incorporating 1 to 2 additional upright, narrow drought-tolerant canopy trees that work with approved tree and plant palette.
Trees planted as replacement trees for mature trees shall be limited to species that are drought tolerant and ignition-resistant and not deemed to be an invasive species. Pinus species is noted as flammable per Murrieta Fire & Rescue and therefore, would not be considered ignition resistant. Replace pine trees with an alternate low-water, drought- tolerant, and ignition-resistant type. Avoid all trees listed on Murrieta Fire & Rescue’s Undesirable Plant List. A minimum of 173 inches (D.B.H.) is required for replacement purposes. If desired, pine trees may be provided if they are in excess of the 173 inch requirement but may not be used to satisfy the requirement.
All bumper overhang areas shall be planted with a low-growing groundcover, highly tolerant of foot traffic, growing no greater than 6” high at maturity. All bumper overhang areas shall be shown graphically on plan and labeled clearly. No trees shall be located within the required bumper overhang area. Trees located at head of parking stalls, adjacent to bumper overhang areas, shall be centered to align trunks with parking stall lines to minimize potential future conflicts between trunks and bumpers. All trees adjacent to bumper overhang area shall be standard form, 15 gallon size, and of a species and variety selected for characteristically narrow trunk caliper in order to further avoid conflicts between car bumpers and tree trunks.
Prior to issuance of a Building Permit:
The landscape plans shall be approved by the City’s Landscape Architect and Assigned Planner.
ENGINEERING DEPARTMENT
The Engineering Department recommends the following Conditions of Approval.
All conditions as approved shall be completed by the Permittee/Owner at no cost to the City, unless specified otherwise.
General Requirements
The Permittee/Owner shall submit a PDF of the Preliminary Title Report (PTR) along with PDFs of each/all referenced/hyperlinked documents identified within PTR. Additionally, the PTR shall be provided with current hyperlinks for verification of referenced documents.
Prior to issuance of any grading permit or any other grant of approval, the Permittee/Owner shall submit the approved discretionary plans and reports (e.g., Tentative Parcel Map, Preliminary Grading Plan, Preliminary Water Quality Management Plan, Preliminary Hydrology Study, etc.) that were approved as part of the Discretionary Review Process, in addition to all applicable onsite and offsite plans, reports, reference documents, and/or document(s) deemed relevant for the issuance of a permit.
It is understood that the Tentative Parcel Map/Site Plan correctly shows all existing and proposed easements, travel ways, grading, drainage courses, etc., and that any omission may require the resubmittal of documents and/or plans associated with this application for additional consideration.
Grading plans’ 1st submittal, with building pad location and elevation information, shall be submitted prior to, or concurrently with, building plans’ 1st submittal. However, building plans’ 1st submittal shall NOT be submitted prior to grading plans’ 1st submittal. Moreover, building plans’ 2nd submittal shall incorporate all applicable 1st review grading plans’ comments. Subsequent building plan submittals shall also coincide with grading plans’ latest and applicable revisions.
Prior to any permit issuance, all plans and reports shall be approved 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 and accepted/as-built.
In addition to any applicable permit issuance, an Encroachment Permit shall also be obtained from the Engineering Department prior to commencement of any construction within City right-of-way or public jurisdiction easements.
All Engineering Plans (e.g., Improvement Plans, Grading 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, make certain their consultants address all comments in each subsequent submittal, and return all plan check comments 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 and/or permit issuance, the Permittee/Owner shall pay all outstanding plan check and processing fees.
Security bonds, for a portion of the construction costs as outlined in the final cost estimate(s), shall be in the form of a cash deposit, as approved by the City Engineer.
PRIOR TO ISSUANCE OF ANY PERMIT, THE PERMITTEE/OWNER SHALL COMPLETE THE FOLLOWING Offsite Property/Easement Acquisitions
Prior to any permit issuance, the Permittee/Owner shall coordinate with adjacent property owners affected by proposed onsite and/or offsite improvements. The Permittee/Owner shall be solely responsible for acquisition of any necessary easements, agreements, etc. prior to plan approval. All easements, agreements, etc. shall be notarized and recorded in a format acceptable to the City Engineer.
Agreements and/or easements shall designate maintenance responsibilities conforming to those associated/identified on the approved Tentative 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).
Upon property/easement acquisition, the Permittee/Owner shall complete the improvements as approved by the City.
Grading Plans
The Permittee/Owner shall provide the following items, but may be required to provide additional items to substantiate the proposed design:
A Grading Plan prepared by a registered Civil Engineer in accordance with currently accepted design standards. The plan shall incorporate Grading Information, Erosion & Sediment Control Measures, Mitigation Measures as applicable, and Site Design & Source Control (Low Impact Development (LID)), as well as Pollutant Control and Hydromodification as applicable.
The Grading Plan shall include within it the following:
A Water Quality Improvement Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.
A Storm Drain Improvement Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.
An Erosion Control Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.
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.
All onsite storm drain systems shall be privately owned and maintained. Private storm drain systems may connect to public storm drain facilities by installing cleanouts situated immediately adjacent to, and within, the public right-of-way.
The Permittee/Owner shall design for construction the following public improvements to the current City of Murrieta Circulation Element and corresponding City standards, or as otherwise noted:
Driveway entrance along Sierra Lane to current ADA Requirements.
Pay to City all County of Riverside Development Impact Fees applicable at time of grading permit issuance or as otherwise approved by ordinance. In the event these fees have been previously paid, the Permittee/Owner shall provide proof of payment. Said fees may include, but are also not limited to, the following:
Riverside County Area Drainage Fee
Kangaroo Rat Fee
Multiple Species Habitat Conversation Plan (MSHCP) Fee
Obtain written clearance, as deemed necessary by the Engineering Department, from the following departments/agencies Planning Division
Community Services Department
Building & Safety Division
Fire Department
Landscape (Planning)
Sewer and Water District(s)
Utility Companies
Gas Company
If applicable, the Permittee/Owner shall obtain and provide the City with written clearance or a non-interference letter from Southern California Edison (SCE) prior to grading plan approval. Permittee/Owner shall submit directly to SCE.
If blasting of rock is required, a blasting permit will be required as part of the grading permit process. A blasting permit shall be obtained through the Riverside County Sheriff’s Department. Notification shall also be provided to the City of Murrieta Police and Fire Departments prior to blasting.
If any water wells are found onsite, the intent shall be identified on the grading plan (e.g., if inoperable…to be abandoned; if operable…to be protected in place, etc.). If to be protected in place, easements may apply. Additionally, if to be abandoned, they shall be abandoned in a manner approved by the State Department of Water Resources and Riverside County Health Department. Confirmation of abandonment approval shall be provided to the City.
Construction fencing shall be placed so as not to interfere with sight distance and comply with City Std. No. 214.
Sewer & Water
Verify capacity of proposed sewer and water systems and provide approval from the Health Department or the governing Sewer and Water District that the proposed sewer and water system is compliant with the District’s master plan.
The Permittee/Owner shall design and guarantee the construction of 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.
Utilities
The Permittee/Owner shall provide a design to install all existing and proposed utility systems underground. Utility systems include, but may not be limited to, electric lines 32kv and lower, telephone, and cable TV. The utilities shall be designed in accordance with City Codes and utility provider(s).
All applicable appurtenances shall also be coordinated with the building department and engineering department for review of proposed locations. Easements shall also be provided as required.
If there are any electric lines 33kv and higher, those existing lines will not be required to be placed underground.
Above-ground Edison transformers shall be located behind the right-of-way line. If necessary, retaining walls shall also be located behind the right-of-way and limited to maximum five feet in height. Safety railing is required for retaining wall heights above thirty inches.
Permittee/Owner shall provide a design identifying location of all dry and wet utilities.
All dry and wet utilities shall be installed prior to placement of final cap or lift of asphalt pavement to avoid new street improvement from being marred by saw cuts, pot holes, equipment, etc.
Hydrology & Hydraulics Report
The Permittee/Owner shall provide a Hydrology & Hydraulics Reports prepared by a registered Civil Engineer in accordance with currently accepted design standards.
Ensure the Report addresses any proposed commingled flows from adjacent properties, unless procedures are incorporated to otherwise convey and properly dispose of the flows without commingling.
Alteration to the existing drainage pattern, including concentration or diversion of flows, are not allowed, unless the Permittee/Owner obtains permission and/or agreements from the affected property owner(s). This may involve, but is not limited to, obtaining notarized/recorded letters of permission and/or agreements, securing drainage easements and/or ponding easements, constructing adequate drainage improvements, and providing a maintenance mechanism for private drainage facilities.
The Permittee/Owner shall be responsible for mitigating impacts created by changes in drainage runoff course, water quality, hydro-modification, concentration, or quantity to the satisfaction of the City Engineer for both on-site and off-site drainage.
Accept and properly dispose of all offsite drainage flowing onto and/or through the site.
If possible, all drainage shall be conveyed onto public property. Cross lot drainage shall not be allowed. Where unavoidable, proper permissions, agreements, and easements shall be obtained by the Permittee/Owner.
The report shall show all existing and proposed onsite and/or offsite public and/or private drainage facilities intended to discharge the runoff. The study shall include a capacity analysis verifying the adequacy of the drainage facilities. Runoff from the development or partial phase of development of the property shall meet the following criteria:
Permittee/Owner shall be responsible for mitigating impacts created to changes in drainage runoff course or quantity, for both on-site and off-site drainage, to the satisfaction of the City Engineer.
Do not significantly exceed the existing natural discharge quantities.
Street storm flows shall not exceed top of curb for the 10-year storm event.
Must contain storm flows within the street right-of-way for the 100-year event.
All inlets, outlets, pipes, channels, basins, etc. must be capable of conveying the100-year storm.
Sump conditions shall be designed to convey the 100-year storm flows Secondary emergency escape path shall be provided.
Standing water is not permitted.
Geotechnical Report
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.
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.
Water Quality Management Plan (WQMP)
The Permittee/Owner shall provide a Water Quality Management Plan (Report) prepared by a registered Civil Engineer in accordance with currently accepted design standards.
Water Quality Improvement Plans (WQIP) shall be integrated with the grading plans and included as part of the grading plans. Prior to final approval of the grading plans, the grading plans shall be in conformance with the Project-Specific WQMP.
A Final Project-Specific WQMP shall be submitted to the City for approval with the grading plan check application and approved by the Engineering Department prior to issuance of a grading permit. The WQMP shall include, but not be limited to, the following:
The Permittee/Owner, assigns, or heirs shall allow the City to enter the premises to conduct periodic inspections to ensure that the WQMP is being implemented, maintained, and to review the inspection and maintenance records.
Prepare a hydromodification analysis utilizing continuous simulation of the geomorphically significant flows starting at 10% of the 2-year runoff and up to the 10-year runoff (85th percentile Design Capture Volume (DCV)). The analysis must have a maximum interval of 1-hour, or 15-minutes, and contain a minimum of 37 years of data.
The 85th percentile DCV of on-site drainage shall be treated on site in accordance with the current NPDES MS4 Permit and the City’s latest Water Quality Management Plan. The drainage shall be treated onsite prior to entering public right-of-way.
When continuous simulation is prepared, and acceptable, the continuous simulation may be used in-lieu of the 1, 3, 6 and 24-hour duration for the 2, 5, and 10-year frequency storms, if applicable.
The WQMP shall incorporate, but not be limited to, the following:
Site design BMP’s,
Source control BMP’s,
Pollutant control BMP’s,
Hydromodification
The WQMP shall identify affected and 303(d) receiving water bodies, applicable water-quality objectives, total maximum daily loads (TMDLS), pollutants of concern for the project type, and estimates for post-construction discharge rates (with all BMPs in place), and demonstrate that the project pollutant loads will be treated in accordance with the most current NPDES MS4 permit and will not cause a violation of the water quality objectives. The structural treatment and hydro-modification controls shall remove project pollutants anticipated to be generated by the project for the benefit of downstream impaired water bodies listed by the SWRCB 303(d) to a medium removal efficiency or better for the pollutants of concern.
Long term operation and maintenance requirements, inspection and maintenance checklist; Record a restrictive covenant to ensure operation, maintenance, funding, and transfer of requirements.
The post-construction best management practices (BMPs) outlined in the approved Final project-specific WQMP shall be incorporated in the grading/improvement plans.
A Water Quality Maintenance Agreement shall be recorded with the County Recorder and proof of the recordation shall be provided to the City. The agreement shall include summaries of water quality/hydromodification facilities and operations & maintenance.
The Maintenance Agreement shall identify public BMPs to be maintained by the development’s assigned entity.
The agreement shall also identify if the development’s assigned entity fails to maintain said BMP(s) the City is authorized to maintain or replace BMP(s) for continued compliance and shall be reimbursed by the assigned entity.
A copy of the Final Project-Specific WQMP shall be kept onsite at all times. The Permittee/Owner shall make the occupants, tenants, staff, employees, and contractors aware of this document and educate them on the contents.
The project shall demonstrate infiltration abilities by converting the percolation tests taken at locations of proposed infiltration/biofiltration BMPs. Proposed BMPs shall be per the guidelines of the City of Murrieta’s 2018 Santa Margarita Region Water Quality Management Plan and the most current order under the National Pollutant Discharge Elimination System (NPDES) Permit initiated under section 2 of the Federal Clean Water Act. The most current order shall be incorporated, as applicable.
The grading plan shall add a note to 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.
It is the responsibility of the Permittee/Owner to ensure all applicable BMPs are correctly utilized as referenced in the California Stormwater Quality Association (CASQA) BMP Fact Sheet, and all maintenance measures implemented.
The Permittee/Owner shall submit, for City review and approval, a mechanism ensuring ongoing long-term maintenance for the onsite post-construction Best Management Practices (BMPs).
SWPPP
An adequate Storm Water Pollution Plan (SWPPP) shall be available to State and City Inspectors at the job site prior to commencing construction. The Permittee/Owner shall be responsible for implementation, monitoring, operation and maintenance of the SWPPP until all construction is completed and improvements have been accepted by the City.
This document must minimize the disturbed area, label the total disturbed area, and identify equipment and material storage areas.
All grading activities shall minimize dust through compliance with AQMD Rule 403, which requires watering during earth moving operations.
All open or undeveloped land shall be maintained to prevent wind/water erosion of said land. All disturbed undeveloped land shall be planted with interim landscaping or stabilized with other erosion control measures.
The Permittee/Owner shall design and install the irrigation system so runoff does not discharge into the street or storm drain system.
Grading during the wet season should identify additional BMP’s for rain events that may occur as necessary for compliance with the Santa Margarita Region MS4 Permit.
A copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be identified on the SWPPP.
A Notice of Termination (NOT) can then be filed with the State Water Resources Control Board. Grading during the wet season should identify additional BMP’s for rain events that may occur as necessary for compliance with the Santa Margarita Region MS4 Permit. This document must minimize the disturbed area, label the maximum disturbed area, and identify equipment and material storage areas.
Erosion and sediment control details shall be submitted on the grading plans to the City's Engineering Division for review and approval. The details shall conform to City standards, codes and ordinances, and the current State Water Resources Control Board (SWRCB) General Construction Permit (GCP), as applicable. The details shall include landscaping and irrigation systems on exposed slopes to achieve the General construction Permit required coverage criteria, and for acceptance by the City's Engineering Department.
Parcel Map
The Permittee/Owner shall submit for review and approval a parcel map prepared in accordance to the City of Murrieta Development Code and California Subdivision Map Act. The parcel map shall be prepared by a licensed land surveyor or qualified registered civil engineer.
The parcel map shall include the following “Improvement Note(s)” to identify required improvements prior to city-specified benchmarks (e.g., any permit issuance), in accordance with the Subdivision Map Act 66411.1. The following improvements notes shall be added to page one of the Parcel Map:
All public improvements, as identified per the conditions of approval, shall be completed and accepted/as-built per DP-2021-2466, TPM-2021-2468, PHS-2021- 2470.
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, and any applicable water quality treatment facilities/devices.
On-site public drainage facilities located outside of public right-of-way shall be contained within public drainage easements as determined to be necessary. A note shall be added on the parcel map stating, “Public drainage easements shall be kept free of buildings and obstructions.” Prior to approval of the Parcel Map, the Permittee/Owner shall submit an application and pay a fee for the 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, landscaping, drainage facilities, utilities, etc., for either onsite or offsite, shall be shown on the parcel map. The Permittee/Owner shall incur all costs associated with the formation of a suitable maintenance district for all associated roadway, slope, landscape, and drainage easements, including access.
An easement for a joint use driveway shall be provided. Reference to existing recorded document(s) shall be made on the parcel map. Otherwise, easement shall be shown on the final map and recorded for the benefit of affected parcels. The easement(s) shall provide access to lot/parcel #’s and a note shall be provided on the final map to ensure joint use.
Proof of payment of any, and all, delinquent property taxes shall be provided prior to recordation of the parcel map.
Submittal of the parcel map for first plan check review must include two copies of the CC&R’s. The City Attorney shall approve the CC&R’s prior to approval of the parcel map by the City Council.
The City Attorney shall approve the CC&R’s prior to approval of the parcel 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.
The following paragraph shall be included when the project is like a multi-parceled commercial site: The subdivider shall identify within the project’s Covenant’s, Conditions, and Restrictions (CC&Rs), a drainage section identifying the project’s drainage systems and the stormwater Best Management Practices infrastructure (i.e., Low Impact Development, Pollutant Control, Hydromodification). The CC&R’s shall address the drainage systems as approved in accordance with the grading plan, and the associated reports and studies thereof approved by all public agencies having jurisdiction over the shopping center. Moreover, all storm drain improvements shall be identified in the CC&Rs for ongoing reference (maintenance). The following provision shall be included in the CC&R’s, “The maintenance operator established herein shall manage and continuously maintain the landscape area, parking area, detention basin(s) (drainage) and common area(s) more particularly described on Exhibit “_”, attached hereto.” Provide the required number of hard copies and one electronic copy (PDF, TIFF, etc.) of the parcel map. The electronic copy shall be in an AutoCAD and PDF format to the satisfaction of the City’s GIS Department.
Grants of Easements
All offers of dedication and conveyances shall be submitted for review, and recorded as directed by the Engineering Department. The Permittee/Owner shall incur all costs associated with the formation of a suitable maintenance district for all associated easements.
All easements and/or right-of-way dedications shall be offered via an Irrevocable Offer of Dedication to the City or other appropriate agency and shall continue in force until the City or other agency accepts or abandons/rejects such offer(s). All dedications shall be free from all encumbrances as approved by the Engineering Department.
Easements, when required for roadways, slopes, landscaping, drainage, utilities, etc., both onsite and offsite, shall be shown on a parcel map, or per separate document(s) as approved by the City Engineer. All grants of easements shall be approved prior to issuance of a grading permit.
PRIOR TO ISSUANCE OF BUILDING PERMITS
Approval and recordation of the final map shall have occurred, and a recorded copy provided to the City. The parcel map may include “Improvement Notes” requiring improvements prior to city-specified benchmarks (e.g., permit issuance), in accordance with the Subdivision Map Act 66411.1.
All easements, agreements of improvements, offsite construction, and dedication for required rights-of-way shall be approved by the Engineering Department.
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.
The Permittee/Owner shall pay to the City all applicable Development Impact Fees as required by, and in accordance with, City Ordinance 196-98, Resolution No. 08-2107 and Resolution No. 16-3602.
The Permittee/Owner shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) based on the applicable rates at time of permit.
DURING CONSTRUCTION
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 on 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 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.
Permittee/Owner shall install all dry and wet 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 approved Storm Water Pollution Plan (SWPPP) shall be available onsite at all times from the Notice to Proceed until the issuance Notice of Termination. Moreover, the Permittee/Owner shall be responsible for implementation, monitoring, operation and maintenance of the SWPPP until all construction is completed and improvements have been accepted by the City.
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.
The Permittee/Owner shall construct the following public improvements to the current City of Murrieta Circulation Element and corresponding City standards, or as otherwise noted:
Construct driveway entrance along Sierra Lane to current ADA Requirements.
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.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
Final grading of the subject property shall be completed in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, and City Grading Manual, via accepted grading construction practices.
All improvements, required by the Engineering Department, shall be constructed, completed, and accepted per the approved plans and City standards to the satisfaction of the City Engineer. All sewer and water improvements shall be constructed, completed, and accepted in accordance with the Sewer and Water District standards.
The permittee shall coordinate with Melia Homes, Inc. to install the final lift along Mitchell Road and Sierra Lane.
The Parcel Map shall be recorded, accepted by County, and a copy provided to the City Engineer, in the format requested.
If applicable, provide elevations for set Street Centerline Monuments. If approved, provide centerline tie notes per City Std. 616 on 8.5 x 11 mylar sheets for all monuments set.
All existing and proposed utility lines have been undergrounded and/or relocated, and/or easements provided, as necessary.
Demonstrate that all treatment control BMP’s described in the Final project-specific WQMP have been constructed and installed in conformance with the approved plans and specifications and the Permittee/Owner is prepared to maintain all BMP’s described in the approved Final project-specific WQMP.
The Permittee/Owner shall prepare and provide an as-built project specific Final WQMP (updated to include any changes made during construction) and demonstrate that an adequate number of copies are available for the future owners / occupants.
One (1) electronic format shall also be provided to the Department of Engineering.
The Permittee/Owner shall demonstrate that the irrigation controller and heads are set so irrigation runoff does not enter the street or storm drain systems.
The Permittee/Owner shall disclose to the property owner(s) they are responsible for the maintenance of the parkway landscaping. And any other work within the public right-of- way will require an encroachment permit from the Engineering Department.
The Permittee/Owner shall provide one set of Mylars, scanned copy, and electronic copy of “As-Built” drawings of the grading and improvement plans. The electronic copy shall be in an AutoCAD format to the satisfaction of the City’s GIS Department2. Coordinate system shall be NAD 1983 State plane California Zone V1 FIPS 0406 Feet. Also provide electronic copies (thumb drive) of the approved WQMP, Hydrology/Hydraulic Report, Final Geotechnical Report, and any other applicable document(s). Said Electronic copies shall be in a Word.doc, PDF format, or other acceptable Microsoft formats.
Obtain written clearance, as deemed necessary by the Engineering Department, from the following agencies:
Planning Division
Engineering Department
Building Division
Fire Department
Landscape (Planning)
Community Services Department
Sewer and Water District(s)
Utility Companies
Southern California Edison Company
TRAFFIC (PUBLIC WORKS AND ENGINEERING DEPARTMENT)
Prior to occupancy, applicant shall design, furnish and construct the new westernmost project driveway along Clinton Keith Road for inbound traffic only. The design of the radius of the driveway alignment with Clinton Keith Road shall match the design shown on the Preliminary Street Plans prepared by C3 Civil Engineering, dated 11/8/23, Sheet 2 of 3. The plans shall be prepared by a registered Civil Engineer in accordance with City Standards, Caltrans standards, and MUTCD requirements, with all improvements subject to the approval of the City Engineer.
Prior to occupancy, applicant shall design, furnish and construct the project driveway along Mitchell Road to allow for full access. The plans shall be prepared by a registered Civil Engineer in accordance with City Standards, Caltrans standards, and MUTCD requirements, with all improvements subject to the approval of the City Engineer.
Prior to occupancy, applicant shall design, for the guarantee of construction, the signing and striping for the project frontage along Mitchell Road and along Clinton Keith Road. The design plans shall be prepared by a registered Civil Engineer in accordance with City Standards, Caltrans standards, and MUTCD requirements, with all improvements subject to the approval of the City Engineer.
Prior to occupancy, applicant shall design and provide a traffic control plan for the street improvements along both Clinton Keith Road and Mitchell Road. The design plans shall be prepared by a registered Civil Engineer in accordance with City Standards, Caltrans standards, and MUTCD requirements, with all improvements subject to the approval of the City Engineer.
BUILDING AND SAFETY DIVISION
All construction shall comply with the current California Building Codes (CBC), and related Codes and Ordinances of the City of Murrieta. Four (4) sets of plans shall be submitted for a building, trash enclosure and exterior site improvements; and shall include building data, building use/occupancy, construction type, actual building square foot area and related building means of egress and ensuing egress discharge to the public right-of-way.
Architectural site and on-site civil design shall correlate and details shall comply with accessibility standards of the State of California.
Construction plan submittals shall be subject to the current California Green Building Standards Code, wherein provisions for means of achieving material conservation and resource efficiency through construction waste reduction of at least 65% recycling and/or salvage for reuse, diversion, and employment of techniques to reduce pollution through recycling of materials.
Any proposed exterior lighting shall be shown on building permit plans and shall comply with the City of Murrieta’s MMC Sec.16.18.110, Mt. Palomar Lighting Pollution Control Standards and/or equal. LED limits are 4050 lumens maximum per fixture and 3000K kelvin color rendition.
Separate permits shall be obtained from the City of Murrieta Building & Safety Division.
Department, for individual structures and appurtenances e.g., construction trailer(s), parking lot lighting, trash enclosures, masonry walls, retaining walls, monument signs, building and monument wall signs, temporary power etc. Temporary power and temporary wiring shall comply with the current California Electrical Code.
Plans submitted during the permitting process, including but not limited to, site plan, precise grade plans and building architectural features, shall not vary substantially from plans previously reviewed and approved by the Planning, Engineering or other City Departments, without prior authorization from the City Planner, City Engineer and/or Director of Building and Safety.
Detectable warnings shall be cast in place and comply with the following:
A) Detectable warning surfaces shall be yellow and approximate FS 33538 of SAE AMS- STD-595A. (CBC 11B-705.1.1.3.1) Required van accessible parking spaces shall be configured to be a minimum of 12’ ft. wide by 18’ ft long with a 5’ wide access aisle way on the passenger side of the vehicle. Standard accessible spaces shall be configured to be a minimum of 9’ ft. wide by 18’ ft long, adjacent to a minimum 5’ wide access aisle.
Building Permit Application:
Four (4) sets of building construction plans shall be submitted, including two sets of supplemental current soil report, structural calculations, energy calculations etc.
Plans submitted for building construction shall contain a full size copy of the Final Approved set of city departments Conditions of Approval.
Submit a construction waste management plan (Building Form DS-153) for diversion of materials, including the following:
Identify the materials to be diverted from disposal by efficient usage, recycling, reuse on the project, or salvage for future use or sale Determine if materials will be sorted on-site or mixed
Identify diversion facilities where material collected will be taken Specify that the amount of materials diverted shall be calculated by weight or volume, but not both, If applicable, provide a C & D letter for Construction Waste Diversion from the Waste Management Co.
Prior to Permit Issuance:
A Waste Management Plan (Building Form DS-153), which may include a C & D letter from the Waste Management Company for the recycling, reuse and diversion of construction waste materials from landfills is required prior to the permit issuance.
All applicable fees and forms shall be paid. This may include TUMF, School, DIF, etc.
Verification of an approved, stamped and signed by the City of Murrieta Engineer, grading plan.
Prior to Building Final:
Final permit approvals shall be obtained, and any outstanding fees shall be paid to all City Departments, which may include Fire, Planning, Engineering, Building & Safety, and the City Landscape Architect prior to the issuance of a Certificate of Occupancy from the City of Murrieta Building and Safety Division.
COMMUNITY SERVICES DEPARTMENT
The applicant shall have in place an Association and/or Property Management to maintain all common areas, irrigation and landscape along the roadways. There appears that no areas will be maintained by the City of Murrieta, Community Services District.
FIRE DEPARTMENT
The project shall comply with all requirements set forth by the California Code of Regulations Title 24 Parts 1-12 respectively.
The adopted edition of the California Code of Regulations, Title 24, Parts 1 through 12, and the Murrieta Municipal Code shall apply at the time the architectural plans are submitted for construction permits.
Prior to the to the issuance of a grading permits, evidence of sufficient fire flow of 3,000 GPM for 3 hours shall be provided to the Murrieta Fire & Rescue. Murrieta Fire & Rescue Water Available/Fire Flow Form shall be utilized. The fire flow report shall be completed within 6 months of the time of submittal.
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.
A fire department access road complying with the CFC, Chapter 5 and the approved fire department access plans shall be installed prior to building construction.
All required fire hydrants shall be installed and operational prior to building construction. All fire hydrants shall remain operational during construction.
All required fire hydrants shall be readily visible and immediately accessible. A clear space of not less than 5 feet shall be always 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 maybe 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, at the beginning radius of cul-de-sacs, 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 outlet as required by the Fire Code official.
A minimum of two points of connection to public water shall be provided for the private fire-line water.
The private underground fire-line system shall be a looped design.
The Fire Department Connection (FDC) shall be located within 50 feet of a public fire hydrant. The fire hydrant shall be on the same side of the street as the FDC. A vehicle access roadway/approach shall not be placed between the FDC and fire hydrant. A private hydrant may be used to support the FDC provided that an aboveground check valve is installed in a manner that prevents water from the FDC circulating back to the fire hydrant.
If required by code, the buildings shall be provided with an automatic fire sprinkler system in accordance with NFPA 13. Construction plans shall be submitted for review and approval to the Murrieta Fire & Rescue prior to installation.
Prior to construction a temporary address sign shall be posted and clearly visible from the street.
The permanent building address shall be provided and either internally or externally lit during hours of darkness (Mt Palomar lighting requirements apply). The address shall be clearly visible from the street fronting the property. The numbers shall be a minimum of 12” in height with a minimum stroke of 1”. The background and numbers shall be highly contrasting.
Prior to building final, the building shall be provided with a Knox Lock key box located no more than 6-feet above the finished surface and near the main entrance door.
Murrieta Fire & Rescue approval shall be obtained prior to the storage and/or use of hazardous materials as defined by the CFC.
The project is in the Very High Fire Severity Zone. All enhanced building construction requirements set forth in the California Building Code, Chapter 7A shall apply.
The project is in a Very High Fire Hazard Severity Zone. Prior to the issuance of a building permit, the developer shall submit a conceptual fuel modification plan for the property and a Fire Protection Plan as specified by Chapter 49 of the California Fire Code.
The Title Page of the architectural building construction plans shall contain a bold note that states, “This project is located in the Very High Fire Severity Zone, all applicable requirements shall apply.”
POLICE DEPARTMENT
The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control.
Graffiti shall be removed from the exterior walls and windows of the premises within 48 hours of discovery at the expense of the owner or property manager.
Block Walls: All exterior perimeter block walls shall have landscaping in front of the wall (i.e. shrubbery, vines, etc.) which conforms to the existing development standards and will aid in the deterrence of graffiti and similar vandalism to the satisfaction of the Chief of Police or his designee.
There shall be no special promotional events held on the property which would adversely affect the approved parking requirements or public safety, unless a written request for such is received and approved by the City of Murrieta Planning Department and the Police Department at least thirty (30) days in advance.
The premises and parking lots of the location shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the premises and parking lot areas. All lighting must conform to Mt. Palomar lighting standards.
Building Numbering: The number of each independently addressed building on the property must be visible from 100 feet and large(at least 12 inches in height and a contrasting color from the building) and appropriately placed to be clearly seen by emergency responders.
Video Surveillance System plans for the convenience store must be submitted to the Police Chief or his designee for approval of the site security plan. The security plan shall include the technological capabilities of the surveillance system, a project map indicating the intended placement of the surveillance cameras, how video records are to be maintained and accessed by law enforcement.
The applicant shall install an operational video surveillance system for the convenience store capable of day and night viewing which encompasses all customer interiors and entrances/exits to the satisfaction of the Chief of Police or his designee.
Video surveillance records must be stored in a secured location and maintained by the business for at least thirty (30) days and made available to any law enforcement agency for viewing and/or copying within one (1) business day A “No Smoking” sign shall be placed outside the main entrances of the building in compliance with 5.23.040(a) MMC and referencing this section to prevent smoking within 15 feet of entrances. The signs must be at a minimum, 12” high by 9” wide and clearly state “No Smoking within 15 feet of doorway” with the universal no smoking logo on the sign and section 5.23.040(a) MMC referenced on the sign.
END OF CONDITIONS
Exhibit AExhibit A
Exhibit A
Exhibit A
Draft Conditions of Approval
Development Plan 2021-2466
March 13, 2024