DRAFT
CONDITIONS OF APPROVAL
DEVELOPMENT PLAN (DP) 2023-00027
SEPTEMBER 11, 2024
The project approval is issued to MTA Tire for a Development Plan Permit to build and operate a 4,995 square-foot tire shop with six bays, associated parking, landscaping, and a trash enclosure. The project is also related to CUP-2023-00028 and is located on a vacant parcel (APN: 910-490-015) east of Madison Avenue and south of Murrieta Hot Springs Road. This permit is to support the use type for Repair and Maintenance, Motor Vehicles, runs 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-2023-00027). 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 Exemption (NOE) is filed pursuant to Section 21152 of the Public Resources Code, with the intent of having the NOE recorded within five (5) days of project approval. To comply with State mandated timelines for filing of a NOE, the applicant shall file the NOE 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 NOE 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 June 28, 2024, on file in the Planning Division for Development Plan Permit (DP) 2023-00027. 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 on the subject property in accordance with the Murrieta Development Code. 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 auto repair and tire shop 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, which do not intensify the use, including but not limited to remodel of structures, 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 Planning Director, unless the Director requires a substantial conformance or revised permit application in accordance with the Development Code.
Mechanical or other utility equipment required by this 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 building. 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.
No signs, including monument signage, are approved as part of this approval. If signs are proposed for 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 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.
Outside storage is not approved/permitted as part of this Project.
A minimum of 24 square feet of refuse/recycle area shall be provided for the project and located evenly throughout the project site to serve the building 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.
The Project shall be developed in conformance with all approved exhibits dated June 28, 2024. Subsequent modifications of this approval, which do not intensify the use, including but not limited to the 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, 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 incompliance with those approved with this application.
Parking, Loading, and Lighting
All parking requirements shall be in conformance with as identified on the approved site plan unless otherwise approved by the Planning Division. The project is parked for repair garage at a ratio of four parking spaces per service bay (six). The project shall provide 27 parking stalls (which include one (1) van ADA accessible and one (1) loading stall as shown on the site plan.
The parking lot, including all parking spaces, drive aisles, parking lot lighting, and landscaping shall be designed and improved pursuant to Chapter 16.34 of the Murrieta Development Code.
All vehicles parked in the parking lot shall be in operable condition. At no time shall a vehicle be left parked in the parking lot beyond normal business hours.
A minimum of one (1) loading space shall be provided in accordance with Section 16.34.100 of the Development Code as shown on the approved plans. The loading space shall be surfaced with six (6) inches of concrete over a suitable base and shall not be less than 9 feet wide by 18 feet long, with 14 feet vertical clearance.
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 as shown on APPROVED PLANS. 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.
A minimum of 2 bicycle parking spaces shall be provided in convenient locations to facilitate bicycle access for this project in accordance with Section 16.34.090. The bicycle racks shall be shown on project landscaping and building plans submitted for approval, and shall be installed in accordance with those plans.
Other
No 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 Permittee/Owner shall obtain approval of all necessary plans for the construction of the project on the subject property/center in accordance with the Murrieta Development Code and applicable Building Codes.
The project site must comply with the allowable uses and development standards within the Community Commercial zone.
The uses shall be operated in compliance with the City’s Noise Ordinance (MMC Chapter 16.30) at all times and mitigate per Noise Impact Analysis provided by Roma Environmental to the Planning Division on April 9, 2024.
The local postal delivery office shall review and approve all proposed postal delivery arrangements, including location and access to all mailboxes. The Permittee/Owner shall provide the City with evidence of postal service approval.
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.
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.
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.
A minimum of 30-days prior to building permit issuance, the applicant shall submit an application for addressing.
The landscape plans shall be 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 tire shop operation meets the municipal code standard. A revised noise study shall be provided at the submittal of building construction plans, identifying the specific models of all equipment proposed. The revised noise study shall demonstrate that all noise levels generated shall meet the allowable levels identified in Municipal Code Section 16.32 for adjoining properties (receptor property lines). The Permittee/Owner is responsible for covering the cost of the noise study review by staff.
An addressing application submittal requirements and documents along with the required fee shall be submitted for review and receive approval.
Prior to occupancy
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.
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 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-2) Prior to issuance to a building permit for any future development project, the Project Applicant shall prepare an engineering study to support the adequacy of the sewer systems and submit the engineering study to the City for review and approval. Any improvements recommended in the engineering study shall be installed prior to the certificate of occupancy for the development project. (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 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 weekends, 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.
The use of pneumatic equipment between the hours of 10:00 pm and 7:00 am shall be prohibited as stated in the Noise and Vibration Study (Mitigation Measure 2).
All bay doors shall be closed during the use of any pneumatic equipment, as stated in the Noise and Vibration Study (Mitigation Measure 3).
Landscaping:
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 along with a completed Landscape Application and fee. 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 because of new development.
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.
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.
A minimum of 5-foot wide planters with landscape screening on three sides of trash enclosure shall be provided. Screening plants shall consist of a combination of 15-gallon screening shrubs and 15-gallon screening vines, minimum of 1 vine per each screened wall.
Canopy shade trees shall be provided 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.
Provide bump-outs for trees located along the western perimeter, to avoid potential conflicts between tree canopies at maturity and car hauler trailers. Bump-outs shall be aligned with parking stall lines. Tree trunks shall be planted towards the parking stalls but just outside of the bumper overhang area to avoid future conflicts between trunks and car bumpers at maturity. Bumper overhang area shall be landscaped with a very low growing groundcover that is extremely tolerant of foot/bumper traffic.
Existing street trees shall remain. If the existing street trees shown on plan are no longer existing or in an unhealthy state at time of construction document submittal, new street tree shall be provided to match existing species along Madison Avenue and shall be included on the city-maintained streetscape set. Street trees shall be installed at 30 feet on center and installed per MCSD standards for MCSD maintained areas.
Fire apparatus access roads shall be illustrated and noted on 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.
Perimeter landscape design shall coordinate with surrounding properties. Select street trees to match adjacent existing or approved species. Shrub and ground cover selections are to match or complement adjacent developments.
MCSD has expressed a desire for the parkway shrub species to include additional Callistemon to match the existing parkway landscape west of the project site. Contact MCSD to verify preferred plant species for the parkway and incorporate MCSD preferred plant species into streetscape planting plan.
All parkway plants shall be low-water, low-maintenance, long-living and shall grow no greater than width of parkway at maturity without requiring ongoing maintenance trimming.
All street trees shall be 24” box.
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. Plans shall show location of limited sight areas at corners and entries. Refer to City Standard Plan No. 214 for determination of limited use area at corners.
Planting design and materials utilized within biofiltration areas shall be suitable for both dry and wet conditions and provide slope stabilization where necessary. Planting design and materials are subject to the review and approval of the City’s Landscape Architect.
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 within the Madison Avenue parkway and identify areas that have missing or unhealthy plant material. On the streetscape 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 and verify any specific requirements per MCSD prior to submitting for plan check review.
Above ground utilities shall be located in shrub areas and screened as required from public view. Fire equipment shall have a setback of 3 feet, or as otherwise permitted, where only low growing ground covers shall be planted. Additional screening may requested by Planner and City’s Landscape Inspector/Consultant at time of landscape plan check and at time of final landscape inspection.
Utilities and light standard locations shall be coordinated with Owner’s engineering team to avoid conflicts with required tree locations and utility screening. The total number of onsite trees shall not be reduced to accommodate utilities.
An opaque screen consisting of evergreen shrubs 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. Spacing should be as close as feasible while still allowing for healthy long-term growth and condition at maturity.
Final tree locations shall be considered carefully to minimize and avoid wherever feasible tree canopy overlap onto neighboring properties. Owner shall maintain all tree canopies within property boundaries. Where trees are located near the property line within the perimeter planter, the project Landscape Architect shall face trees to provide the fullest face within the property for maximum shading and the flattest face along the perimeter to avoid overhang into neighboring parcels and roadways.
Prior to the initiation of landscape construction
The Landscape Application and landscape plans shall be approved by the City’s Landscape Architect and Assigned Planner.
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 Murrieta Community Services Department to determine if a pre-job meeting with the job site superintendent and the landscape contractor will be required for the proposed City-maintained parkway. No landscaping shall occur within the parkway prior to the meeting or the MCSD’s determination that it will not be required.
Prior to the issuance of occupancy permits
All required 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’s Assigned Planner with a Landscape Certificate of Completion documentation package at the time of final inspection request. The City will review the Certificate of Completion package and conduct a final inspection to ensure that the landscape installation is in compliance with 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 receipts.
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 Division. 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 Division 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.
Any alteration to the final conditions of approval by the Permittee/Owner shall be reviewed by staff to determine whether approval of alteration shall be subject to M.M.C. Section 16.80.070, Changes to an Approved Project.
All conditions as approved shall be completed by the Permittee/Owner at no cost to the City unless specified otherwise.
All designs shall conform to the City of Murrieta Municipal Code, Development Code, Standard Drawings, and Circulation Element.
Prior to any permit issuance, all relevant plans and their associated bonds, reports, and supporting documents, shall be prepared in accordance with the Murrieta Municipal Code, reviewed, all applicable fees paid, and approved by the City Engineer.
As part of the initial submittal of plans, reports, etc., for any grading permit or any other grant of approval, the Permittee/Owner shall submit the approved discretionary plans and reports (e.g., 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. All discretionary documents shall serve as a reference for final document preparation and approval, and are subject to a revision(s) to ensure compliance with all local, state, and federal requirements, as applicable.
The conditions herein, when addressing grading plans, implies precise grading plans. Any other type of grading plan (e.g., mass, rough) will be explicitly named when applicable. Moreover, grading plans not specifically identified herein are not approved as part of these conditions of approval.
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 the issuance of any occupancy permit, including temporary certificate(s) of occupancy, all public improvement 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, or any other applicable type of permit or allowance, 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.
The Permittee/Owner shall submit a current hyperlinked Preliminary Title Report (PTR) with active connectivity to all referenced recorded documents identified within the Preliminary Title Report.
In addition to the hyperlinked PTR, all referenced recorded documents shall also be submitted, in PDF format.
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.
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, at a minimum, 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 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 final 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.
Vacation or Abandonment of Easements
Vacations and/or abandonment of easements, shall occur via a separate instrument(s), as approved by the City Engineer.
All vacations and/or abandonments, shall be submitted for review and approval by the Engineering Department and/or City Council, prior to being signed, notarized, and recorded. A copy of the notarized and recorded copy shall be provided to the City.
All vacations and/or abandonments shall be approved prior to issuance of a grading permit.
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, including telephone, and cable TV; and designed and constructed in accordance with City Codes and the utility provider. 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 wet utilities (e.g., water, sewer, storm drain, recycled, etc.).
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, signed, and stamped, by a registered civil engineer. The cost estimate shall include all costs but not limited to plan preparation, plan check fees, permit fees, bonding, staking, construction costs, erosion control, soils engineering; construction management, etc.
The Grading Plan shall be prepared to the satisfaction of the City Engineer and shall also include, but may not be limited to:
Include a topographic map prepared by a Registered Civil Engineer or a Licensed Land Surveyor. The topographic map shall indicate property lines, topographic features and existing and/or proposed structures. Said map shall include two-foot contour lines and/or sufficient spot elevations to clearly represent existing and proposed topographical features, and existing and proposed drainage patterns. Survey shall extend minimum 50 feet beyond limits of work. Said map shall also show entire property boundary including any assumed found monuments, and bearings and distances based on record information.
Depict the limits of grading and provide cross sections as needed.
Incorporate all recommendations pursuant to the Hydrology/Hydraulic Report prepared for the project.
Incorporate all stormwater best management practices as quantified in the Water Quality Management Plan.
Include mitigation measures and project modifications as recommended in the required Geotechnical Report prepared for the project.
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.
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 Division)
Sewer and Water District(s)
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.
Development Standards for Off-Street Parking shall conform to Development Code 16.34.070.
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 maximum 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.
Geotechnical
A comprehensive geotechnical report shall be prepared by a registered Geotechnical Engineer and submitted to the engineering department as part of the initial grading plan check.
The report shall address in-situ soils conditions; shall provide the following, but not be limited to:
a percolation/infiltration analysis;
identify any geotechnical hazards for the site;
provide recommendations for the construction of engineered structures, provide preliminary pavement sections,
provide slope stability analysis,
identify faults that may affect the proposed project and confirm buildings meet setback requirements, as applicable.
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 permit 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).
Hydrology & Hydraulics
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 currently 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 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.
When continuous simulation is prepared (see Water Quality Management Plan section), 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.
PRIOR TO ISSUANCE OF BUILDING PERMITS
The Permittee/Owner shall coordinate with the City’s Construction Manager with approved/signed grading and/or improvement plans and grade/construct per said plans, as approved by the City Engineer.
Grading plans, with building pad location and elevation information, shall be approved, to the satisfaction of the City Engineer.
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
The Permittee/Owner shall coordinate with the City’s Construction Manager with approved/signed grading and/or improvement plans and grade/construct per said plans, as approved by the City Engineer.
The Permittee/Owner shall construct all onsite grading improvements, per the approved and bonded grading plans, as approved by the City Engineer.
Minor field changes may occur at the discretion of the City’s Construction Manager.
Changes other than minor shall be submitted to the engineering department as a construction change submittal for review by engineering and approval by the City Engineer.
Construction fencing shall be placed so as not to interfere with sight distance and comply with City Std. No. 214.
If dirt or construction debris is to be transported into, or off, the site, a haul permit will be required as part of the grading permit process. Both import and export locations must be permitted sites. If so, submit a proposed haul route plan and comply with all conditions and requirements the City Engineer may impose to the hauling operation.
The exact depth of street structural section and subgrade requirement shall be based on subgrade "R" value tests and the appropriate Traffic Index for the type of street, as determined by the Geotechnical Engineer and the City Standards, whichever is greater.
If any water wells are found onsite, they shall be protected in place or abandoned, as approved by the State Department of Water Resources and Riverside County Health Department. Confirmation of abandonment approval shall be provided to the City.
The Permittee/owner shall confirm the infiltration rates coincide with the rates used in the Water Quality Management Plan. If BMPs are to be placed in areas and/or depths different from the original infiltration testing, thereby posing potentially different infiltration rates from those originally obtained, new infiltration testing may be required and BMP designs may be impacted.
The Permittee/Owner shall construct all sewer and water improvements necessary to serve this project. Private sewer force mains are not allowed in the public right-of-way unless otherwise approved by the City Engineer.
The Permittee/Owner shall install all existing and proposed utility systems underground, including telephone and cable TV, in accordance with City Codes, the utility provider, and as approved by the City Engineer. All applicable appurtenances shall also be installed. Easements shall also be provided as required.
Above ground Edison transformers shall be installed behind the right-of-way line, as approved.
Obtain clearance from the dry utility companies and gas company.
The building pad shall be certified by a registered Civil Engineer for location and elevation. Additionally, the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions.
Building pad certification shall be obtained prior to building footing inspection.
Building pad certification shall be obtained prior to building foundation cement pour.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
Prior to certificate of occupancy, final grading of the subject property shall be constructed, completed, and accepted/as-built, 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.
All existing and proposed dry, wet, and gas 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.
The Permittee/Owner shall 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, and/or other acceptable Microsoft formats.
The “As-Built mylars shall include any, and all, construction changes, as well as all dry, wet, and gas utilities.
Obtain written clearance, as deemed necessary by the Engineering Department, from the following agencies:
Planning Division
Engineering Department
Building & Safety Division
Fire Department
Landscape (Planning Division)
Community Services Department
Sewer and Water District(s)
Utility Companies
Southern California Edison Company
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. Digital sets of plans shall be submitted for a 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 ensuring 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, for individual structures and appurtenances e.g., construction trailer(s), parking lot lighting, masonry walls, temporary power, etc. Temporary power and temporary wiring shall comply with the current California Electric 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 warnings surfaces shall be yellow and approximate FS 33538 and SAE AMS-STD-595A. (CBC 11B-7-5.1.1.3.1) 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.
Required EV 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 one side of the vehicle. Standard EV 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. Ambulatory EV spaces shall be a minimum of 10’ ft wide and do not require an access aisle.
Accessible trash enclosure shall show a minimum access width of 36” inches separate from any double swing gates and a sufficient turn around area within the enclosure, per California State Title 24 Accessibility guidelines e.g., 60” inch turning diameter or equal.
Will serve or first release forms from the governing water and sewer districts will be required.
Building Permit Application:
Digital sets of building construction plans shall be submitted, including two sets 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 Digital Submittal Requirements (Building Form DS-162).
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.
A Waste Management Plan (Building Form DS-153), which may include a C & D letter from 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 & Safety Department.
The Applicant shall contact the Planning Division a minimum of 72-hours (to allow for scheduling) prior to any final inspection for this project. The project must be fully completed in order to request an inspection. The Planning Division may be contacted at 951-461-6061; please reference: DP-2023-00027 / CUP-2024-00028.
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 a tenant occupancy of a building permitted as a “shell only" building, a building shell "Notice of Inspection Completion", and the issuance of a Certificate of Occupancy from the City of Murrieta Building and Safety Division.
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 addition 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 issuance of a grading permit, 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 may be required to meet required fire flow requirements. Fire hydrants shall provide one 4” port and 2-2 ½ ports and must be an approved fire hydrant type. The private fire hydrant system must be approved, installed, tested, and accepted, prior to combustible construction.
Fire hydrants shall be installed at intersections and every 300 feet of fire access roadways, regardless of parcel size. The size of fire hydrant outlets shall be 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 above ground check valve is installed in a manner that prevents water from the FDC circulating back to the fire hydrant.
The building 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.
The private underground fire-line system shall have indicating sectional valves for every five (5) appurtenances.
Prior to construction a temporary address sign shall be posted and clearly visible from the street.
POLICE DEPARTMENT:
Outdoor amplification systems, loudspeakers, and paging devices shall not be used outside of licensed premises.
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 24 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 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 Division 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 site must be submitted to the Police Chief or 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, and how video records are to be maintained and accessed by law enforcement.
The applicant shall install an operational video surveillance system capable of day and night viewing which encompasses all customer interiors and entrances/exits to the satisfaction of the Chief of Police or 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.
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
Init _____
Draft Conditions of Approval
DP-2023-00027
September 11, 2024