DRAFT
CONDITIONS OF APPROVAL
REVISED DEVELOPMENT PLAN (DP) 2023-00063
JANUARY 22, 2025
The project approval is issued to Carmax Auto Superstores, Inc. for a Revised Development Plan Permit to build and operate a 4.62-acre expansion area for additional staging areas for vehicles to include improvements and landscaping. The project is also related to CUP-2023-00022 and is located on vacant parcels (APN: 910-490-013, 910-490-002, and 910-490-001) east of Madison Avenue, south of Murrieta Hot Springs Road, and north of Guava Street. This permit is to support the existing Carmax site (DP-2015-532 and CUP-2015-533) and will run with the land and shall be binding upon the owner of the subject property (“Permittee/Owner”) and all subsequent successors in interest to the Permittee/Owner as to such land.
PLANNING DIVISION
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 proceedings 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 (DP-2023-00063 and CUP-2023-00022). The City will promptly notify permittee/owner of any such claim, action, or proceeding against the City and will cooperate fully in the defense.
This permit shall be effective on the eleventh (11th) day (“Effective Date”) after the date of the decision by the Planning Commission, unless appealed to the City Council.
Any fees due to the City of Murrieta for processing this project shall be paid to the City within thirty (30) calendar days of effective date of this approval (“Effective Date”). 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 Permittee/Owner is required to pay a $50.00 handling fee. Said fee shall be paid to the Clerk/Recorder of the County of Riverside at the time the Notice of Determination (NOD) is filed pursuant to Section 21152 of the Public Resources Code, with the intent of having the NOD recorded within five (5) days of project approval. To comply with State mandated timelines for filing of a NOD, the applicant shall file the NOD electronically to the Riverside County Clerk/Recorder’s Office. Failure to remit the required fee in full within the time specified above will result in a delay of the start of the 180-day statute of limitations (SOL) on Court challenges to the approval under CEQA, whereas recordation of the NOD within five (5) days of project approval limits the SOL to 35 days.
The project shall be developed in conformance with the approved site, grading, elevation, and floor plans, dated January 22, 2025, on file in the Planning Division for Development Plan Permit (DP) 2023-00063 and Conditional Use Permit (CUP) 2023-00022. Any proposed change substantially different than the approved use and plans shall require an amendment to this approval in accordance with the City’s Development Code.
This approval/use shall be used within three (3) years of approval date, otherwise it shall become null and void and of no effect whatsoever. “Used,” means implementation of the authorized use, in its entirety, in accordance with these conditions of approval.
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 16.56.060.B.
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.
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 Chapter 16.82 of the Development Code.
The Permittee/Owner shall obtain approval of all necessary plans for the construction of structures and improvements on the subject property in accordance with the Murrieta Development Code and applicable Building Codes. Such plans include, but are not limited to floor plans and elevations, grading plans, and landscaping plans.
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.
The Permittee/Owner shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance.
The project shall be substantially in conformance with any 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 from the approved project shall require an amendment to this approval in accordance with the Development Code.
The use of these premises as an expansion to an existing car dealership for the staging of vehicles and additional truck carrier stalls for used car sales shall comply with the standards of the City’s Development Code and all other applicable County (Department of Environmental Health), State, and Federal codes and permit requirements.
Subsequent modifications of this approval that do not intensify the use, including but not limited to a structure remodel, minor changes to the conditions of approval, and interpretations of the conditions of approval relative to intent, necessity, and timing, may be approved by the Planning Director unless the Director requires a substantial conformance or revised permit application in accordance with the Development Code.
No signs, including monument signage, are approved as part of this approval. If signs are proposed for the expansion of this business/use a separate exhibit accompanied by the appropriate fees and application shall be submitted and approved by the Planning Division prior to any sign installation pursuant to the requirements of Chapter 16.38 of the City’s Development Code.
No “new" outdoor advertising display, sign, or billboard shall be constructed or maintained within the property subject to this approval except for exemptions allowed under 16.38.050 of the Sign Standards in the Development Code.
The Project shall be developed in conformance with all approved exhibits. Subsequent modifications of this approval, which do not intensify the use, including but not limited to the reorientation of structure, alteration of parking and circulation design, minor changes to the Conditions of Approval, interpretations of the Conditions of Approval relative to intent, the necessity of, and timing, may be approved by the Planning Director unless the Director requires a Substantial Conformance or Revised Permit application in accordance with the Development Code. Materials and colors used in the construction of the structures) shall be in compliance with those approved with this application.
Applicant acknowledges that the City’s approval of this application is based on the Applicant's conceptual plans for various improvements, including but not limited to all off-site improvements, emergency access, building elevations, floor plans, landscaping and irrigation, site grading and drainage, ADA accessibility, sight lighting, and on-site parking and circulation. Prior to issuance of any permits, the Applicant shall submit final design plans to the City for review and approval. The plans shall meet or exceed the requirements of the City’s adopted codes and other policies and programs in order to receive the required permits and any subsequent approvals.
Parking, Loading, and Lighting
All vehicle staging shall be in conformance with the approved site plan unless otherwise approved by the Planning Division. The project is an expansion of an existing car dealership that is currently parked from the original approval of DP-2015-532. The project expansion provides an area for additional vehicle inventory and does not require additional customer parking.
All vehicles parked in the existing parking lot reserved for customers and employees shall be in operable condition. No inventory or staging vehicles will be parked in parking lot area during normal business hours. At no time shall a vehicle be left parked in the parking lot beyond normal business hours.
Sign(s) stating that “EXTENDED IDLING TRUCKLOADING VEHICLE ENGINES IS NOT PERMITTED” shall be located at the loading area and at the truck parking area. The sign(s) at the entrance to the facility shall not be less than twenty-four inches square and will provide directions to the loading area.
All exterior lighting shall comply with the Mt. Palomar Lighting Standards, as defined in Section 16.18.110 and Section 16.18.100 Lighting of the Development Code. 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 adjacent public rights-of-way.
Other
No “new” signs are approved pursuant to this project approval. Prior to the installation of any on-site advertising or directional signs, a sign permit shall be submitted to and approved by the Planning Division pursuant to the requirements of Chapter 16.38 of the Development Code.
The uses shall be operated in compliance with the City’s Noise Ordinance (MMC Chapter 16.30) at all times.
All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit.
The project shall be constructed in one phase.
Prior to occupancy/use of the expanded area, screen walls shall be installed around the staging yards as shown on the approved project plans. The permittee/owner shall secure appropriate permits with the Building Division for the walls.
The landscape plan shall include the pedestrian amenity provided for the project. The amenity provided for the project is a bench (i.e., a bench, trash receptacle, public art, bicycle rack, or some type of street furniture) in compliance with MDC Section 16.16.040.E.g.
Mechanical or other utility equipment required by this expansion Project (use) 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 structure (guard structure). An interior room, with direct access, shall be provided for the placement of any additional main utility electrical switch gear distribution, roof access ladders and fire risers.
If mechanical equipment and vents (ground or rooftop) are proposed, they shall be screened from view from any public right of way (Madison Avenue), 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 the height of the parapet, must be detailed within the plans for building permit issuance. Also, during the Planning Division’s 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 a proposed method for screening of the equipment. Approval of such screening 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.
During Pre-Construction and Construction:
Pre-construction and Construction documents shall include language requiring that construction vehicles be kept clean and free of mud and dust prior to leaving the development site. Streets surrounding the development shall be swept daily and maintained free of dirt and debris.
Prior to grading permit issuance
Prior to the issuance of the grading permits, the project applicant shall comply with the provisions of any existing City ordinance that has been established as a mitigation measure for the Stephen’s Kangaroo Rat. This ordinance may include fee schedules, mechanisms for protecting habitat, or a combination thereof.
A landscape permit application shall be submitted to the Planning Division and applicable fees when applying for a grading permit for the Project.
The parcels identified for the project shall complete a lot line adjustment, parcel merger, or other acceptable instrument to combine all the parcels into an individual parcel to avoid cross lot drainage, utilities (water, sewer, electricity) from crossing over property lines. Tentative Parcel Map 36943, Parcel 6 (910-490-016), Parcel 4 – A (910-490-001), Parcel 3 – B (910-490-002, and Parcel 1 – C (910-490-013). The Permittee/Owner shall provide evidence of a recorded document demonstrating such action.
Prior to building permit issuance
Construction Trailer: If a construction trailer is proposed for this project a Temporary Use Permit application shall be submitted to the Planning Division for review and approval prior to building permit issuance and placement of the trailer.
The Permittee/Owner shall pay all applicable fees, 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.
Landscape Application and plans shall be submitted, reviewed, and approved by the City’s Landscape Architect and assigned Planner.
All parking lot lights and other outdoor lighting shall be shown on electrical and photometric plans submitted to the Building and Safety Division for plan check approval and shall comply with the requirements of Development Code Section 16.18.110; Mt. Palomar Lighting Standards and 16.18.100 – Lighting.
The Permittee/Owner shall demonstrate that all equipment chosen for the expansion area and guard structure meets all municipal code standards.
Prior to occupancy
Unless otherwise indicated, all conditions and other requirements shall be fully constructed and implemented prior to the final inspection of the building and/or site improvements.
All unpermitted outdoor advertising displays, signs or billboards shall be removed, except for signs permitted by the Development Code.
The Permittee/Owner shall contact the Planning Division a minimum of 72-hours (to allow for scheduling) prior to any final inspections for this project.
GENERAL PLAN AND OTHER MITIGATION MEASURES
The permittee shall comply with all the mitigation measures identified in the Mitigation Measure Reporting Program (MMRP) adopted with the Mitigated Negative Declaration.
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. Streets surrounding the development site shall be swept daily and maintained free of dirt and debris. (AES-3) 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. (AQ-4) All trucks hauling dirt, sand, soil, or other loose materials are to be covered, or should maintain at least two feet of freeboard in accordance with California Vehicle Code Section 23114 (freeboard means vertical space between the top of the load and top of the trailer). (CUL-1) If cultural resources are encountered during ground-disturbing activities, work in the immediate area must halt, and an archaeologist meeting the Secretary of the Interior’s Historic Preservation Professional Qualification Standards for archaeology (National Park Service 1997) must be contacted immediately to evaluate the find. If the discovery proves to be significant under CEQA or Section 106, additional work, such as data recovery excavation, may be warranted. (CUL-2) If human remains are found during ground disturbing activities, the State of California Health, and Safety Code Section 7050.5 states that no further disturbance shall occur until the county coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. In the event of an unanticipated discovery of human remains, the county coroner must be notified immediately. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission, which will determine and notify a Most Likely Descendant. The Most Likely Descendant shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American Burials. (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., archaeologist, Native American Tribal monitor), subject to approval by the City of Murrieta to evaluate the significance of the find and appropriate course of action. If avoidance of the resources is not feasible, 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. (SQ-11) Only “Low-Volatile Organic Compounds (VOC)” paints (no more than 50 gram/liter (g/L) of VOC) consistent with SCAQMD Rule 1113 shall be used. (PAL-1) If during initial ground disturbance activities paleontological resources are encountered, a qualified paleontological monitor shall be retained, and have the authority, if necessary, to stop, redirect grading activities, and evaluate the significance of any paleontological resources discovered on the property. If significant paleontological resources are encountered, adequate funding shall be provided to collect, curate, and report on these resources. A report shall be submitted to the City of Murrieta within 60 days of the completion of grading. (HAZ-1) All spills or leakage of petroleum products during construction activities will be remediated in compliance with applicable state and local regulations regarding cleanup and disposal of the contaminant released. The contaminated waste will be collected and disposed of at an appropriately licensed disposal or treatment facility. This measure will be incorporated into the SWPPP prepared for the subject development. (WW-3) Prior to issuance of a building permit for any future development project, the Project Applicant shall provide evidence that the RCWD, EVMWD, WMWD, or EMWD has sufficient wastewater transmission and treatment plant capacity to accept sewage flows from buildings for which building permits are being requested. (WW-1) Prior to issuance of a wastewater permit for any future development project, the Project Applicant shall pay applicable connection and/or user fees to RCWD, EVMWD, WMWD, or EMWD. (FP-2) Prior to Initiation of Construction Activities-Brush clearance shall be conducted prior to initiation of construction activities in accordance with Murrieta Fire Department requirements. (FP-3) During Construction – Adequate access to the building on the project site shall be provided for emergency vehicles during the building construction process. (FP-4) During Construction – Adequate water availability shall be provided to service construction activities.
Noise:
The construction contractor shall limit construction activities to between the hours of 7:00 am and 8:00 pm on weekdays. No construction would take place outside of these hours, anytime on Sundays, or holidays.
The construction contractor shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards.
The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site whenever feasible.
The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and the noise-sensitive receptors nearest the project site during all project construction whenever feasible.
Landscaping:
Prior to the issuance of grading permits
Copies of the construction landscape plans shall be submitted to the Planning Division. Applicant shall verify with Planning Department required number of copies, sizes, and formats at time of submission, as well as pay any required plan check fees. 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.
Landscape is shown within utility easements based on use agreements with the utility purveyor and provided to the City for the City’s record. If for any reason, this landscape area is no longer feasible, applicant shall be required relocate the landscape area including the required trees to another suitable location within the onsite area.
Landscape plans shall be drawn at a scale of 20 feet equal to 1 foot or larger.
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.
The applicant and owner’s design team is responsible for being aware of and complying 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.
A minimum of 1 tree is required per every 300 square feet of landscape area. Project shall provide a minimum of 101 trees onsite in substantial conformance with the approved concept and shall increase onsite tree quantity as close to the 151 requirement as possible when developing the construction landscape plans. Applicant shall work with the Assigned Planner, Community Services Department, and Development Services Director to determine the best way to mitigate the lost value for any required trees that are unable to be provided onsite due to site constraints. This may include in-lieu fees, enhancing onsite landscape by upsizing trees and plants, offsite planting of trees, and similar – at the Director’s discretion.
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 Planting plans shall show delineate and label limited sight areas at corners on plans, as determined per City Standard Plan 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.
Linear root barriers shall be installed for all trees located within 5 feet of paving and within 10 feet of city sidewalks.
Above ground utilities shall be located in shrub areas and screened as required from public view. Fire equipment shall have a setback of 10 feet, or as otherwise permitted, where only low growing ground covers shall be planted. Outside of the required clearance area, additional 15-gallon screening shrubs may be requested at time of landscape plan check and final landscape inspection by the Planning Department, City Landscape Architect, and City Landscape Inspector – as needed to screen utilizes from public view and from Madison Avenue.
Utilities and light standard locations shall be coordinated with Owner’s engineering team to avoid conflicts with required tree locations and utility screening. In no case shall a utility be placed that would reduce the total tree count as identified on the conceptual landscape plans. Avoid placing utilities at highly visible locations such as corners flanking entries into project.
Street trees shall be installed at an average of 30 feet on center. Street trees north of the public sidewalk along Madison Aenue shall be located a minimum of 6’ from city sidewalks and outside the right-of-way. Street trees within existing parkway shall be centered within parkway and spaced to match the existing street tree spacing.
Perimeter trees shall be planted a minimum of five feet from the side property line to avoid canopy overhang onto adjacent neighboring parcel.
A minimum of 20% of the total site area shall be provided as landscape, as required by zoning development standards for commercial developments.
Fire apparatus access roads shall be illustrated and noted on planting plans. Trees are to be located so that the mature canopies do not encroach into the access road clear zone 13.5 feet high vertically and horizontally as required per Murrieta Fire & Rescue. The comprehensive maintenance schedule for the project shall identify pruning to maintain fire clearances within the schedule and shall note frequency pruning shall occur.
Plants to be spaced to fully in-fill planters at maturity. No individual or spotty plant placement shall be allowed. All on-center spacing for plants shall be evaluated closely at time of plan check submittal appropriate spacing for full infill.
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.
All landscape, both onsite and offsite, shall be maintained by the property owner. No areas of the landscape shall be maintained by the City. Maintenance responsibility shall be noted clearly on the landscape construction document title sheet.
Trees shall be placed to meet the minimum required distances from the following:
10’-0” from light standards and power poles,
5’ from drive approach, fire hydrants, utilities and sewer lines, and property lines 3’ from meters, mainlines
no trees within drainage swales
Tree placement minimums to be noted on plans. Project Landscape Architect to coordinate with project team to provide minimum distance separation as noted above. Tree count shall not be reduced to accommodate above listed site features and utilities.
Prior to the initiation of landscape construction
Project falls within the Transit Oriented Development Overlay zone which requires additional pedestrian amenities be provided such as trash receptacles, benches, bicycle racks, public art, planters, and other street furniture and also that the onsite area contains public spaces that include entry courtyards, plazas, entries, or outdoor eating and display areas that include pedestrian amenities such as seating areas, drinking fountains, and/or other design elements such as public art and planters.
Street furnishings and pedestrian amenities are to be located onsite, directly abutting pedestrian right-of-way areas, making them easily accessible to pedestrians utilizing adjacent public sidewalks, where feasible.
Applicant shall provide a minimum of one bench as shown on the approved conceptual landscape plan and is encouraged to incorporate additional benches and similar amenities along the eastern portion of the frontage.
Applicant shall inspect existing site landscaping within the adjacent offsite parkway and identify areas that have missing or unhealthy plant material and trees. 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. Where areas of plants and trees have died due to damaged or insufficient irrigation, new irrigation shall be provided and will be specified on the irrigation plans.
Prior to issuance of a Building Permit:
The landscape plans shall be approved by the City’s Landscape Architect and assigned Planner.
Prior to the initiation of landscape construction:
Contact City’s Assigned Planner or Landscape Architect to determine if a pre-job meeting with the job site superintendent and the landscape contractor will be required. No landscaping shall occur prior to the meeting or the City’s determination that it will not be required.
Contact Community Services Department to determine if a pre-job meeting with the job site superintendent and the landscape contractor will be required to discuss the right-of-way replacement planting. No landscaping shall occur prior to the meeting or the City’s determination that it will not be required.
Prior to the issuance of occupancy permits:
All required landscaping (including existing right-of-way restoration landscaping) and irrigation systems shall be installed in a condition acceptable to the City. The owner’s Landscape Architect shall provide inspections throughout the landscape installation process. The owner shall provide the City with a Landscape Certificate of Completion documentation package. The City will review the Certificate of Completion and conduct a final inspection to ensure that the landscape installation follows all City policies, practices and the approved landscape plans. The Certificate of Completion shall be complete with irrigation water audit, irrigation schedules, landscape maintenance schedules, and soil management report and verification documentation.
Performance securities, in the amount determined by the City to guarantee the adequate maintenance of the landscaping materials and irrigation system in accordance with the approved plans for a period of one (1) year from the date of final clearance of the installed landscaping by the City, shall be posted with the Planning Department. Acceptable forms of security shall be limited to cash deposit, cash bonds, or irrevocable letters of credit. The performance securities may be released one (1) year after final clearance of the installed landscaping by the City, upon written request by the owner, if the landscaping has been adequately maintained. A deposit to cover re-inspection of the landscape, at the current City rate shall be posted with the Planning Department prior to re-inspection for maintenance bond release.
ENGINEERING DEPARTMENT:
All items required to be submitted shall be, at a minimum, in electric format (e.g., PDF, Word) Hard copies may also be required.
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 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 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.
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, actions, or proceedings 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 any approvals. 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.
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.
If applicable, an Encroachment Permit shall be obtained from CalTrans, Riverside County Flood Control and Water Conservation District, etc. prior to commencement of any construction within their right-of-way. Proof of permit issuance, or verification of acknowledgement with no permit issuance requirement, shall be submitted prior to city-issued permit issuance affecting said easement(s). Additionally, said approvals/acknowledgements shall be identified on the subject grading and/or improvement plans, as applicable.
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 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 I 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 applicant shall design for construction, and include in the final WQMP, the temporary desilting basin for Parcel 910-490-015. If the development of Parcel 910-490-015 has not yet submitted for their grading permit by the time the applicant has received their grading permit, the applicant shall acquire permission to grade site/desilt basin on the site as shown on the project site plan from the neighboring owner. If permission cannot be obtained, the applicant shall design project site to continue to accept existing offsite flows from APN 910-490-015. Whether the offsite flows are comingled or not comingled with onsite flows, the project site shall be designed accordingly.
Pay to City all County of Riverside Development Impact Fees applicable to 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 Department
Community Services Department
Building Department
Fire Department
Landscape Department
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.
If applicable, a qualified biologist shall delineate jurisdiction areas that are not to be disturbed. Identify the installation of some type of barrier fence to delineate the areas of avoidance.
Construction fencing shall be placed so as not to interfere with sight distance and comply with City Std. No. 214.
City-maintained drainage facilities located outside of city right-of-way shall be accompanied with proper public drainage easements to be reviewed and approved by the City, and recorded on a city-approved format.
All storm drain easement widths shall adhere to Riverside County’s storm drain easement width chart and have a max cross slope of 5%.
All existing 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.
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.
The Permittee/Owner shall install all existing and proposed utility systems underground, including electric lines 32kv and lower, telephone, and cable TV; and designed and constructed in accordance with City Codes and the utility provider. If there are any electric lines 33kv and higher, then those existing lines will not be required to be undergrounded. 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.
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, potholes, 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 storm.
All inlets, outlets, pipes, channels, basins, etc. must be capable of conveying the 100-year storm.
Sump conditions shall be designed to convey the 100-year storm flows.
Secondary emergency escape path shall be provided.
If the project discharges/connects to an off-site detention basin, provide permission to drain/connect from the owner of basin or system. Off-site detention basins require a Declaration of Dedication. All detention measures shall have positive drainage with a minimum 48-hr draw-down time and be empty within 72 hours.
Standing water is not permitted.
Detention for projects that are 10 acres or greater shall analyze for the 1, 3, 6, and 24-hour duration for the 2, 5, and 10-year frequency storms.
Geotechnical Report
A comprehensive geotechnical report shall be prepared by a registered Geotechnical Engineer and submitted to the engineering department as part of the 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 fault 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-part review 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, assign, 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 BMPs 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 Merger
Prior to issuance of a grading permit or issuance of a building permit, whichever occurs first or as determined by the Public Works Director, the Permittee/Owner shall provide a copy of the notarized and recorded Parcel Merger.
If applicable, prior to issuance of a grading permit or issuance of a building permit, whichever occurs first or as determined by the Public Works Director, the Permittee/Owner shall obtain all required lot line adjustments, easements and/or permissions necessary to perform grading from all land owners impacted from the proposed project. A copy of all notarized and recorded agreements and/or documents shall be submitted to the Public Works Engineering Department.
Permittee/Owner shall submit a Parcel Merger prepared in accordance to the City of Murrieta Development Code (MMC 16.104) and the latest Subdivision Map Act. The Parcel Merger shall be prepared by a licensed land surveyor or qualified registered civil engineer.
Prior to approval of the Parcel Merger, unless other timing is indicated, the Permittee/Owner shall design and submit all improvement plans, obtain approval, post securities, and execute agreements.
Prior to approval of Parcel Merger, Permittee/Owner shall submit an application and pay fees for City administrator to reapportion any existing assessment district liens, if applicable.
Easements, when required for roadway, slopes, landscaping, drainage facilities, utilities, etc., both onsite and offsite shall be prepared per a separate document and processed concurrently with the Parcel Merger. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Engineering Department. On-site public drainage facilities located outside of road right-of-way shall be contained within public drainage easements as determined to be necessary. A note shall be added to the drainage easement 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 easement 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.
Proof of payment of any, and all, delinquent property taxes shall be provided prior to recordation of the Parcel Merger.
Provide one hard copy and electronic copies of the recorded Parcel Merger. The electronic copies shall be in an AutoCAD and PDF format to the satisfaction of the City’s GIS Department.
PRIOR TO ISSUANCE OF BUILDING PERMITS
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
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.
If the development of Parcel 910-490-015 has not yet submitted for their grading permit by the time the applicant has received their grading permit, the applicant shall construct the temporary desilting basin for Parcel 910-490-015.
If the development of Parcel 910-490-015 has not yet submitted for their grading permit by the time the applicant has received their grading permit, the applicant shall acquire permission to grade site/desilt basin on the site as shown on the project site plan from the neighboring owner. If permission cannot be obtained, the applicant shall design project site to continue to accept existing offsite flows from APN 910-490-015. Whether the offsite flows are comingled or not comingled with onsite flows, the project site shall be constructed accordingly.
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 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.
All existing 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.
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.
Parcel Merger shall be recorded, accepted by County, and a copy provided to the City Engineer, in the format requested.
All existing and proposed utility lines have been undergrounded and/or relocated, and/or easements provided, as necessary.
Demonstrate that all treatment control BMPs 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 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 & Safety Department
Fire Department
Landscape Department
Community Services Department
Sewer and Water Districts
Utility Companies
Southern California Edison Company
BUILDING & SAFETY DEPARTMENT
All construction shall comply with the current California Building Codes (CBC), and related Codes and Ordinances of the City of Murrieta. Digital sets of plans shall be submitted for building 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 Section 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 Department, for individual structures and appurtenances e.g., construction trailer(s), parking lot lighting, masonry walls, retaining walls, monument signs, building and monument wall signs, gates, gate house, EV chargers, 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:
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’ ft. 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’ ft. wide access aisle. Other space configurations shall be rejected.
Building Permit Application:
Digital sets of building construction plans shall be submitted, including a set of supplemental current soil report, structural calculations, energy calculations, etc. Submittals shall conform to the Electronic Plan Check Submittal Guide (Building Form IB-110). Plans must conform to the Digital Submittal Requirements (Building Form DS-162). Plans shall conform to submittal requirements for new commercial structures (Building Form DS-136).
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.
Will serve or first release forms from the governing water and sewer districts will be required.
Property and/or Building addressing shall be assigned by Planning and incorporated into the plan set, application and all related documents at the time of building plan submission.
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.
A fire access plan shall be approved by Murrieta City Fire Marshal and a copy or notice of approval by the City Fire Marshal shall be received by Building & Safety.
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 Department.
FIRE DEPARTMENT
Murrieta Fire & Rescue site inspections are required for this project. Please schedule all field inspections at least 49 hours in advance. Inspections canceled after 1 p.m. on the day before scheduled date will be subject to a re-inspection fee. To schedule an inspection, send an email to [email protected].
An original approved, signed, wet-stamped Murrieta Fire & Rescue fire access & water plan shall be available on-site at the time of inspection.
Access roads and hydrants shall be maintained and remain clear of obstructions at all times during and after construction. Areas where parking is not permitted shall be clearly identified at all times. Obstruction of fire lanes and hydrants may result in cancellation or suspension of inspection.
The project address shall be clearly posted and visible from the public road during construction.
All gates in construction and operation fencing/walls shall be equipped with an approved knox padlock.
Fire lane widths shall be measured from top face of the curb to top face of the curb for fire lanes with standard curbs and gutters and from flow-line to flow-line for fire lanes with modified curb designs (e.g., rolled, ramped, etc.). The developer is responsible to verify that all approved public works or grading department street improvement plans or precise grading plans conform to the minimum street width measurements per the approved Murrieta Fire & Rescue Access & Water Plan and standards identified in Murrieta Fire & Rescue Access & Water guideline for all portions of the Fire Access Roads.
Permanent, temporary, and phased emergency access roads shall be designed and maintained to support an imposed load of 75,000 lbs. and surfaced in an approved manner to provide all-weather driving capabilities.
Fire lane signs and red curbs shall meet the specifications shown in Murrieta Fire & Rescue Access & Water guideline and shall be installed as described therein. Additional fire lane markings may be required at the time of inspection depending on field conditions.
All fire hydrants shall have a “blue reflective pavement marker” indicating their location per the Murrieta Fire & Rescue standard. On private property, markers are to be maintained in good condition by the property owner.
Address numbers shall be located and be of a color and size so as to be plainly visible and legible from the roadway from which the building is addressed in accordance with Murrieta Fire & Rescue Access & Water guideline.
Access gates shall be approved prior to installation and shall be in compliance with Chapter 5 of the CFC and Murrieta Fire & Rescue Access & Water guideline.
Approved access walkways shall be provided to all required openings and all rescue windows.
Vegetation shall be selected and maintained in such a manner as to allow immediate access to all hydrants, valves, Fire Department connections, pull stations, extinguishers, sprinkler risers, alarm control panels, rescue windows, and other devices or areas used for firefighting purposes. Vegetation or building features shall not obstruct address numbers or inhibit the functioning of alarm bells, horns, or strobes.
Any future modification to the approved Fire Department Access & Water Plan or approved site plan, including but not limited to road width, grade, speed humps, turning radii, gates, or other obstructions, shall require review, inspection, and approval by the Murrieta Fire Marshal.
Approval of this plan shall not be construed as approval of any information or project conditions other than those items and requirements identified in Murrieta Fire & Rescue Access & Water guideline and related portions of the CFC and CBC. This project may be subject to additional requirements not stated herein upon examination of actual site and project conditions or disclosure of additional information.
All buildings shall have 12” building numbers on all four sides of each building, numbers shall be reflective and contrast with their background.
All private fire service mains and appurtenances shall be maintained in compliance with the current CA Edition of NFPA 25.
Contractor to verify existing underground sectional valves and mark ground valve covers in red and letter SV for all sectional valves on service mains that have more than five appurtenances.
Approved fire lines shall not be less than 24’ in width.
California Fire Code approved bollards may be required to protect appurtenances from vehicular damage. Contractor to field verify with fire inspector.
All appurtenances shall be marked with approved signs in accordance with Murrieta Fire & Rescue guidelines.
Conditions of approval, Site Master Access Plan and notes shall be followed at all times for project site. A laminated copy of the Site Master Access Plan and Fire Access Plan shall be available and maintained on-site.
POLICE DEPARTMENT:
All original conditions of approval for DP-2015-532, approved by the Planning Commission on July 8, 2015 shall remain in effect unless modified herein.
COMMUNITY SERVICES DEPARTMENT:
The applicant shall have in place an Association and/or Property Management to maintain all common areas, irrigation, and landscaping onsite. The City of Murrieta maintains the landscape on Madison Avenue.
The applicant shall notify the Community Service Department (CSD) at City of Murrieta if any landscape disturbances occur on city maintained areas.
WESTERN MUNICIPAL WATER DISTRICT:
The Permittee/Owner shall comply with all provisions and requirements of the Western Municipal Water District. These agreements and requirements must be completed prior to obtaining any type of water service.
MURRIETA VALLEY SCHOOL DISTRICT:
The Permittee/Owner shall pay the applicable Murrieta Valley Unified School District fees prior to building permit issuance.
END OF CONDITIONS
The undersigned, as the individual(s) with legal authority to fully represent the above- referenced project, concur with the inclusion of the above-listed amendments as the conditions of approval of the referenced project (Revised DP-2023-00063), in addition to the previously approved conditions of approval. If the applicant/representative does not concur with the above conditions of approval, please contact the project planner to further discuss.
Signature: ______________________________ Date: ____/____/____ Print Name and Title: _____________________ ________________________ Init _____
Draft Conditions of Approval
Revised DP-2023-00063
January 22, 2025