DRAFT CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 38837 (TPM-2021-2468) MARCH 25, 2024
The approval is for Tentative Parcel Map 38837, the subdivision of a 5.24-acre parcel into three (3) parcels (“Project”) within the Neighborhood Commercial (NC) zoning district, (APN: 913-350-019) in conjunction with Development Plan 2021-2442 and Phasing Plan 2021-2470. Parcel 1 is 1.29 acres, Parcel 2 is 1.03 acres and Parcel 3 is 2.93 acres.
GENERAL
The Subdivider shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Murrieta, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval of Case No. TPM-2021-2468. The City will promptly notify the Subdivider of any such claim, action, or proceeding against the City and will cooperate fully in the defense.
Any fees due the City of Murrieta for processing this project shall be paid to the City within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized or commenced until all outstanding fees are paid to the City.
The land division hereby permitted is to subdivide an existing 5.24-acre parcel into three (3) parcels. Any proposed change substantially different than the approved plan shall require an amendment to this approval in accordance with the Development Code.
The project shall be in substantial 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.
Pursuant to Section 711.4 of the State of California Fish and Game Code, the applicant is required to pay a $50.00 handling fee. Said fees shall be paid to the Clerk/Recorder of the County of Riverside at the time the Notice of Determination is filed pursuant to Section 21152 of the Public Resources Code. If this fee is not paid, the approval of this project shall not be operative, vested, or final. In order to comply with State mandated time lines for filing of a Notice of Determination the above fee must be delivered to the Planning Division within two (2) working days after the Effective date.
Tentative Parcel Map No. 38837 shall record within three (3) years from the date of the approval or it shall become null and void unless an extension of time is granted pursuant to City requirements.
Prior to the expiration of this approval, the Subdivider may request extension(s) of time in which to use this approval in accordance with Development Code Section 16.80.
The project shall be developed in substantial conformance with approved Tentative Parcel Map No. 38837 dated March 13, 2024. This map shall run with the land and be binding upon all successors in interest to the Subdivider to the maximum extent permitted by law. Any proposed change to the map substantially different from this approval shall require an amendment to this approval.
The Project shall comply with all conditions of approval for Tentative Parcel Map 38837 (Case No. TPM-2021-2468), Development Plan 2021-2442, Conditional Use Permit 2022-2467 and Conditional Use Permit 2022-2469 dated March 13, 2024.
The development of these premises shall comply with the standards of the City’s Development Code and all other applicable State and Federal codes.
The Subdivider 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.
The Subdivider shall obtain approval of all necessary plans for construction of a new structures on the subject property(s) in accordance with the Murrieta Development Code. Such plans include, but are not limited to, site plans, floor plans, building elevations, grading plans and landscaping plans.
The City is located within the Mt. Palomar Special Lighting Area, as defined in Section
16.18.110 of the Development Code, low pressure sodium vapor lighting or overhead high pressure sodium vapor lighting with shields or cut off luminaries, shall be utilized.
There shall be no offsite signage associated with this land division, except as otherwise provided by the City’s Development Code Section 16.38. Violation of this condition of approval may result in no further permits of any type being issued for this subdivision until the unpermitted signage is removed.
This land division shall comply with the State of California Subdivision Map Act and to all requirements of the City’s Development Code, and all other applicable State and Federal codes.
The permittee, or any successor-in-interest to permittee, shall be responsible for maintenance and upkeep of all common areas as identified in the recorded Conditions, Covenants, and Restrictions.
The permittee shall pay all applicable impact and/or mitigation fees or provide proof that all required fees have been paid in accordance with City policies and ordinances in effect at the time of permit issuance.
Subsequent modifications of this approval may be approved in accordance with the Development Code.
Walls: Walls/fences shall be subject to Development Code Section 16.22 Requirements.
This land division shall comply with the State of California Subdivision Map Act and to all requirements of the City’s Development Code, unless modified by the conditions listed herein.
The Subdivider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of the proposed parcel and any slopes, landscaped areas and irrigation systems on the subject property.
Prior to Issuance of Grading Permits
Prior to the issuance of grading permits, the project Subdivider shall comply with the provisions of any existing City ordinance that has been established as a mitigation measure for the Stephens' Kangaroo Rat. These ordinances may include fee schedules, mechanisms for protecting habitat, or a combination thereof.
The project development of the parcel shall comply with the provisions pertaining to construction activity as stated in Section 16.30.130 of the City of Murrieta Development Code:
The operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work is prohibited between the weekday hours of 7 P.M. and 7 A.M., or at any time on Sundays or holidays.
Construction activities must be conducted in a manner that the maximum noise levels at the affected structures would not exceed those listed in Table 3-6 of the noise ordinance.
All mobile or stationary internal combustion engine-powered equipment or machinery shall be equipped with suitable exhaust and air-intake silencers in proper working order.
Prior to Parcel Map Recordation
After approval of the Tentative Parcel Map and prior to the expiration of the map, the Subdivider shall cause the real property included within the Tentative Parcel Map, or any pert thereof, to be surveyed and a Parcel Map (application) be submitted to the Engineering Department for review and approval.
The Parcel Map shall include easements and documentation for reciprocal access and parking, including provisions for shared parking.
The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 16.98.060.R of the City’s Development Code, which shall be filed simultaneously with the plan check review of the parcel map. A note shall be placed below the surveyor’s notes on the parcel map stating the following:
“ENVIRONMENTAL CONSTRAINTS NOTE: Environmental Constraints Sheet Affecting this map is on file in the E.C.S. Book__ , Page____. This note affects Lots Nos.____ or Parcel No.___ .” The ECS shall be labeled “ENVIRONMENTAL CONSTRAINTS SHEET” in the top margin. Applicable items shall be shown under a heading labeled “Environmental Constraints Notes” and shall contain the following statement:
“The environmental constraint information shown on this sheet is for informational purposes describing conditions as of the date of filing and is not intended to affect record title interest. This information is derived from public records or reports and does not imply the correctness or sufficiency of those records or reports by the preparer of this map sheet.” The following notes shall be placed on the Environmental Constraints Sheet:
"This property is subject to lighting restrictions as required by Murrieta Municipal Code (MMC) Title 16.18.110 (Mount Palomar Lighting), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with MMC 16.18.110.” The permittee/owner shall submit the following documents to the City for review and approval by the City Attorney. The intent is to establish a Master Association for maintenance of the landscaping, parking spaces (lot), detention basin(s) (drainage), common area(s) and reciprocal access and shared parking requirements.
A cover letter identifying the project for which approval is sought; A signed and notarized declaration of covenants, conditions, and restrictions; and A sample document conveying title to the purchaser of an individual lots or unit which provides that the declaration of covenants, conditions and restrictions (CC&R’s) are incorporated therein by reference.
The declaration of covenants, conditions and restrictions (CC&Rs) submitted for review shall (a) provide for a minimum term of 60 years, (b) provide reciprocal easements for ingress, egress and parking, including shared parking (c) provide for the establishment of a maintenance operator, and (d) contain the following provisions verbatim:
“Notwithstanding any provision in this Declaration to the contrary, the following provision shall apply:
The maintenance operator established herein shall manage and continuously maintain the ‘landscape area, parking spaces (lot), detention basin(s) (drainage) and common area(s) more particularly described on Exhibit ‘ ’, attached hereto.
The Maintenance Operator/Property Manager shall have the right to assess the owners of each individual parcel for the reasonable cost of maintaining such ‘landscape area and common area’, and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien.
This declaration shall not be terminated, substantially amended, or property deannexed therefrom absent the prior written consent of the Development Services Director of the City of Murrieta or the City’s successor-in-interest.
A proposed amendment shall be considered substantial if it affects the extent, usage or maintenance of the ‘landscape area, parking spaces (lot), detention basin(s) (drainage) and common area(s)’ or reciprocal easement established pursuant to the Declaration.” In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws or the property owners association Rules and Regulations, if any, this declaration shall control.
Once approved by the City Attorney, the declaration of covenants, conditions and restrictions shall be recorded prior to parcel map recordation. A copy of the recorded CC&R’s shall be provided to the City and retained for the project file at City Hall.
Any development for Parcel 3 shall require an application submittal by the Subdivider to the City of Murrieta Planning Division for review and approval.
ENGINEERING DEPARTMENT
The Engineering Department recommends the following Conditions of Approval.
All conditions as approved shall be completed by the Permittee/Owner at no cost to the City, unless specified otherwise.
General Requirements
The Permittee/Owner shall submit a PDF of the Preliminary Title Report (PTR) along with PDFs of each/all referenced/hyperlinked documents identified within PTR. Additionally, the PTR shall be provided with current hyperlinks for verification of referenced documents.
Prior to issuance of any grading permit or any other grant of approval, the Permittee/Owner shall submit the approved discretionary plans and reports (e.g., Tentative Parcel Map, Preliminary Grading Plan, Preliminary Water Quality Management Plan, Preliminary Hydrology Study, etc.) that were approved as part of the Discretionary Review Process, in addition to all applicable onsite and offsite plans, reports, reference documents, and/or document(s) deemed relevant for the issuance of a permit.
It is understood that the Tentative Parcel Map/Site Plan correctly shows all existing and proposed easements, travel ways, grading, drainage courses, etc., and that any omission may require the resubmittal of documents and/or plans associated with this application for additional consideration.
Grading plans’ 1st submittal, with building pad location and elevation information, shall be submitted prior to, or concurrently with, building plans’ 1st submittal. However, building plans’ 1st submittal shall NOT be submitted prior to grading plans’ 1st submittal. Moreover, building plans’ 2nd submittal shall incorporate all applicable 1st review grading plans’ comments. Subsequent building plan submittals shall also coincide with grading plans’ latest and applicable revisions.
Prior to any permit issuance, all plans and reports shall be approved in accordance with the Murrieta Municipal Code.
Prior to the issuance of any occupancy permit, all conditions set forth in these Conditions of Approval shall be completed and accepted/as-built.
In addition to any applicable permit issuance, an Encroachment Permit shall also be obtained from the Engineering Department prior to commencement of any construction within City right-of-way or public jurisdiction easements.
All Engineering Plans (e.g., Improvement Plans, Grading Plans) shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City-formatted bond sheets. The Permittee/Owner shall review all plan check comments, make certain their consultants address all comments in each subsequent submittal, and return all plan check comments with each subsequent submittal. Failure to do so may result in additional plan check fees due to additional review time.
The Permittee/Owner shall comply with all current and applicable requirements set forth in the City of Murrieta’s Municipal Code, Development Code, Standard Drawings, Ordinances, Policies, and Resolutions, along with all applicable State (e.g., State Water Resources Control Board) and Federal regulations, whether or not such provisions or requirements have been specifically set forth in these conditions, all of which are now incorporated herein by reference, and fully set forth at this point.
Prior to approval of any plans, reports, or legal documents and/or permit issuance, the Permittee/Owner shall pay all outstanding plan check and processing fees.
Security bonds, for a portion of the construction costs as outlined in the final cost estimate(s), shall be in the form of a cash deposit, as approved by the City Engineer.
PRIOR TO ISSUANCE OF ANY PERMIT, THE PERMITTEE/OWNER SHALL COMPLETE THE FOLLOWING Offsite Property/Easement Acquisitions
Prior to any permit issuance, the Permittee/Owner shall coordinate with adjacent property owners affected by proposed onsite and/or offsite improvements. The Permittee/Owner shall be solely responsible for acquisition of any necessary easements, agreements, etc. prior to plan approval. All easements, agreements, etc. shall be notarized and recorded in a format acceptable to the City Engineer.
Agreements and/or easements shall designate maintenance responsibilities conforming to those associated/identified on the approved Tentative Map. The agreements and/or easements shall also address uninterrupted access and utility services to affected existing properties during construction, and show the recording information (instrument number and date) on the appropriate plan(s).
Upon property/easement acquisition, the Permittee/Owner shall complete the improvements as approved by the City.
Grading Plans
The Permittee/Owner shall provide the following items, but may be required to provide additional items to substantiate the proposed design:
A Grading Plan prepared by a registered Civil Engineer in accordance with currently accepted design standards. The plan shall incorporate Grading Information, Erosion & Sediment Control Measures, Mitigation Measures as applicable, and Site Design & Source Control (Low Impact Development (LID)), as well as Pollutant Control and Hydromodification as applicable.
The Grading Plan shall include within it the following:
A Water Quality Improvement Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.
A Storm Drain Improvement Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.
An Erosion Control Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.
A Cost Estimate prepared by a registered civil engineer. The cost estimate shall include all costs but not limited to plan preparation, plan check fees, permit fees, bonding, staking, construction costs, erosion control, soils engineering; construction management, etc.
All onsite storm drain systems shall be privately owned and maintained. Private storm drain systems may connect to public storm drain facilities by installing cleanouts situated immediately adjacent to, and within, the public right-of-way.
The Permittee/Owner shall design for construction the following public improvements to the current City of Murrieta Circulation Element and corresponding City standards, or as otherwise noted:
Driveway entrance along Sierra Lane to current ADA Requirements.
Pay to City all County of Riverside Development Impact Fees applicable at time of grading permit issuance or as otherwise approved by ordinance. In the event these fees have been previously paid, the Permittee/Owner shall provide proof of payment. Said fees may include, but are also not limited to, the following:
Riverside County Area Drainage Fee
Kangaroo Rat Fee
Multiple Species Habitat Conversation Plan (MSHCP) Fee
Obtain written clearance, as deemed necessary by the Engineering Department, from the following departments/agencies Planning Division
Community Services Department
Building & Safety Division
Fire Department
Landscape (Planning)
Sewer and Water District(s)
Utility Companies
Gas Company
If applicable, the Permittee/Owner shall obtain and provide the City with written clearance or a non-interference letter from Southern California Edison (SCE) prior to grading plan approval. Permittee/Owner shall submit directly to SCE.
If blasting of rock is required, a blasting permit will be required as part of the grading permit process. A blasting permit shall be obtained through the Riverside County Sheriff’s Department. Notification shall also be provided to the City of Murrieta Police and Fire Departments prior to blasting.
If any water wells are found onsite, the intent shall be identified on the grading plan (e.g., if inoperable…to be abandoned; if operable…to be protected in place, etc.). If to be protected in place, easements may apply. Additionally, if to be abandoned, they shall be abandoned in a manner approved by the State Department of Water Resources and Riverside County Health Department. Confirmation of abandonment approval shall be provided to the City.
Construction fencing shall be placed so as not to interfere with sight distance and comply with City Std. No. 214.
Sewer & Water
Verify capacity of proposed sewer and water systems and provide approval from the Health Department or the governing Sewer and Water District that the proposed sewer and water system is compliant with the District’s master plan.
The Permittee/Owner shall design and guarantee the construction of all sewer and water improvements necessary to serve this project. Private sewer force mains are not allowed in the public right-of-way unless otherwise approved by the City Engineer.
Utilities
The Permittee/Owner shall provide a design to install all existing and proposed utility systems underground. Utility systems include, but may not be limited to, electric lines 32kv and lower, telephone, and cable TV. The utilities shall be designed in accordance with City Codes and utility provider(s).
All applicable appurtenances shall also be coordinated with the building department and engineering department for review of proposed locations. Easements shall also be provided as required.
If there are any electric lines 33kv and higher, those existing lines will not be required to be placed underground.
Above-ground Edison transformers shall be located behind the right-of-way line. If necessary, retaining walls shall also be located behind the right-of-way and limited to maximum five feet in height. Safety railing is required for retaining wall heights above thirty inches.
Permittee/Owner shall provide a design identifying location of all dry and wet utilities.
All dry and wet utilities shall be installed prior to placement of final cap or lift of asphalt pavement to avoid new street improvement from being marred by saw cuts, pot holes, equipment, etc.
Hydrology & Hydraulics Report
The Permittee/Owner shall provide a Hydrology & Hydraulics Reports prepared by a registered Civil Engineer in accordance with currently accepted design standards.
Ensure the Report addresses any proposed commingled flows from adjacent properties, unless procedures are incorporated to otherwise convey and properly dispose of the flows without commingling.
Alteration to the existing drainage pattern, including concentration or diversion of flows, are not allowed, unless the Permittee/Owner obtains permission and/or agreements from the affected property owner(s). This may involve, but is not limited to, obtaining notarized/recorded letters of permission and/or agreements, securing drainage easements and/or ponding easements, constructing adequate drainage improvements, and providing a maintenance mechanism for private drainage facilities.
The Permittee/Owner shall be responsible for mitigating impacts created by changes in drainage runoff course, water quality, hydro-modification, concentration, or quantity to the satisfaction of the City Engineer for both on-site and off-site drainage.
Accept and properly dispose of all offsite drainage flowing onto and/or through the site.
If possible, all drainage shall be conveyed onto public property. Cross lot drainage shall not be allowed. Where unavoidable, proper permissions, agreements, and easements shall be obtained by the Permittee/Owner.
The report shall show all existing and proposed onsite and/or offsite public and/or private drainage facilities intended to discharge the runoff. The study shall include a capacity analysis verifying the adequacy of the drainage facilities. Runoff from the development or partial phase of development of the property shall meet the following criteria:
Permittee/Owner shall be responsible for mitigating impacts created to changes in drainage runoff course or quantity, for both on-site and off-site drainage, to the satisfaction of the City Engineer.
Do not significantly exceed the existing natural discharge quantities.
Street storm flows shall not exceed top of curb for the 10-year storm event.
Must contain storm flows within the street right-of-way for the 100-year event.
All inlets, outlets, pipes, channels, basins, etc. must be capable of conveying the100-year storm.
Sump conditions shall be designed to convey the 100-year storm flows Secondary emergency escape path shall be provided.
Standing water is not permitted.Geotechnical Report
A comprehensive geotechnical report shall be prepared by a registered Geotechnical Engineer and submitted to the engineering department as part of the initial grading plan check.
The report shall address in-situ soils conditions; shall provide the following, but not be limited to:
a percolation/infiltration analysis;
identify any geotechnical hazards for the site;
provide recommendations for the construction of engineered structures, provide preliminary pavement sections,
provide slope stability analysis,
identify faults that may affect the proposed project and confirm buildings meet setback requirements, as applicable.
All recommended measures identified in the report shall be incorporated into the project design. If located in a Geologic Special Study Zone, the report may, at the discretion of the City Engineer, be subject to a third-party review. If third party review is required, the Permittee/Owner must submit an application and schedule to have any open trenches inspected by a City-approved third-party reviewing consultant.
If project is determined to be a “Priority Development Project”, a geotechnical engineer, civil engineer, certified engineering geologist or certified hydrogeologist shall prepare a percolation analysis and determine infiltration rates for the purpose of determining water quality best management practices (i.e., Water Quality Management Plan).
See Appendix A, Section 1.8 – Final Report, of the Riverside County Low Impact Development BMP Design Handbook, as a guide for preparing the analysis.
Infiltration testing requirements shall adhere to Appendix A – Infiltration Testing, of the Riverside County Low Impact Development BMP Design Handbook (e.g. Table 1 Infiltration Testing Requirements).
A note shall be added on the grading plan identifying the infiltration rates used in the WQMP. If BMP locations differ, laterally and/or vertically, from the WQMP, additional infiltration tests may be required to be conducted and submitted for review and approval by the City.
Water Quality Management Plan (WQMP)
The Permittee/Owner shall provide a Water Quality Management Plan (Report) prepared by a registered Civil Engineer in accordance with currently accepted design standards.
Water Quality Improvement Plans (WQIP) shall be integrated with the grading plans and included as part of the grading plans. Prior to final approval of the grading plans, the grading plans shall be in conformance with the Project-Specific WQMP.
A Final Project-Specific WQMP shall be submitted to the City for approval with the grading plan check application and approved by the Engineering Department prior to issuance of a grading permit. The WQMP shall include, but not be limited to, the following:
The Permittee/Owner, assigns, or heirs shall allow the City to enter the premises to conduct periodic inspections to ensure that the WQMP is being implemented, maintained, and to review the inspection and maintenance records.
Prepare a hydromodification analysis utilizing continuous simulation of the geomorphically significant flows starting at 10% of the 2-year runoff and up to the 10-year runoff (85th percentile Design Capture Volume (DCV)). The analysis must have a maximum interval of 1-hour, or 15-minutes, and contain a minimum of 37 years of data.
The 85th percentile DCV of on-site drainage shall be treated on site in accordance with the current NPDES MS4 Permit and the City’s latest Water Quality Management Plan. The drainage shall be treated onsite prior to entering public right-of-way.
When continuous simulation is prepared, and acceptable, the continuous simulation may be used in-lieu of the 1, 3, 6 and 24-hour duration for the 2, 5, and 10-year frequency storms, if applicable.
The WQMP shall incorporate, but not be limited to, the following:
Site design BMP’s,
Source control BMP’s,
Pollutant control BMP’s,
Hydromodification
The WQMP shall identify affected and 303(d) receiving water bodies, applicable water-quality objectives, total maximum daily loads (TMDLS), pollutants of concern for the project type, and estimates for post-construction discharge rates (with all BMPs in place), and demonstrate that the project pollutant loads will be treated in accordance with the most current NPDES MS4 permit and will not cause a violation of the water quality objectives. The structural treatment and hydro-modification controls shall remove project pollutants anticipated to be generated by the project for the benefit of downstream impaired water bodies listed by the SWRCB 303(d) to a medium removal efficiency or better for the pollutants of concern.
Long term operation and maintenance requirements, inspection and maintenance checklist; Record a restrictive covenant to ensure operation, maintenance, funding, and transfer of requirements.
The post-construction best management practices (BMPs) outlined in the approved Final project-specific WQMP shall be incorporated in the grading/improvement plans.
A Water Quality Maintenance Agreement shall be recorded with the County Recorder and proof of the recordation shall be provided to the City. The agreement shall include summaries of water quality/hydromodification facilities and operations & maintenance.
The Maintenance Agreement shall identify public BMPs to be maintained by the development’s assigned entity.
The agreement shall also identify if the development’s assigned entity fails to maintain said BMP(s) the City is authorized to maintain or replace BMP(s) for continued compliance and shall be reimbursed by the assigned entity.
A copy of the Final Project-Specific WQMP shall be kept onsite at all times. The Permittee/Owner shall make the occupants, tenants, staff, employees, and contractors aware of this document and educate them on the contents.
The project shall demonstrate infiltration abilities by converting the percolation tests taken at locations of proposed infiltration/biofiltration BMPs. Proposed BMPs shall be per the guidelines of the City of Murrieta’s 2018 Santa Margarita Region Water Quality Management Plan and the most current order under the National Pollutant Discharge Elimination System (NPDES) Permit initiated under section 2 of the Federal Clean Water Act. The most current order shall be incorporated, as applicable.
The grading plan shall add a note to confirm the infiltration rates coincide with the rates used in the Water Quality Management Plan. If BMPs are to be placed in areas and/or depths different from the original infiltration testing, thereby posing potentially different infiltration rates from those originally obtained, new infiltration testing may be required and BMP designs may be impacted.
It is the responsibility of the Permittee/Owner to ensure all applicable BMPs are correctly utilized as referenced in the California Stormwater Quality Association (CASQA) BMP Fact Sheet, and all maintenance measures implemented.
The Permittee/Owner shall submit, for City review and approval, a mechanism ensuring ongoing long-term maintenance for the onsite post-construction Best Management Practices (BMPs).
SWPPP
An adequate Storm Water Pollution Plan (SWPPP) shall be available to State and City Inspectors at the job site prior to commencing construction. The Permittee/Owner shall be responsible for implementation, monitoring, operation and maintenance of the SWPPP until all construction is completed and improvements have been accepted by the City.
This document must minimize the disturbed area, label the total disturbed area, and identify equipment and material storage areas.
All grading activities shall minimize dust through compliance with AQMD Rule 403, which requires watering during earth moving operations.
All open or undeveloped land shall be maintained to prevent wind/water erosion of said land. All disturbed undeveloped land shall be planted with interim landscaping or stabilized with other erosion control measures.
The Permittee/Owner shall design and install the irrigation system so runoff does not discharge into the street or storm drain system.
Grading during the wet season should identify additional BMP’s for rain events that may occur as necessary for compliance with the Santa Margarita Region MS4 Permit.
A copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be identified on the SWPPP.
A Notice of Termination (NOT) can then be filed with the State Water Resources Control Board. Grading during the wet season should identify additional BMP’s for rain events that may occur as necessary for compliance with the Santa Margarita Region MS4 Permit. This document must minimize the disturbed area, label the maximum disturbed area, and identify equipment and material storage areas.
Erosion and sediment control details shall be submitted on the grading plans to the City's Engineering Division for review and approval. The details shall conform to City standards, codes and ordinances, and the current State Water Resources Control Board (SWRCB) General Construction Permit (GCP), as applicable. The details shall include landscaping and irrigation systems on exposed slopes to achieve the General construction Permit required coverage criteria, and for acceptance by the City's Engineering Department.
Parcel Map
The Permittee/Owner shall submit for review and approval a parcel map prepared in accordance to the City of Murrieta Development Code and California Subdivision Map Act. The parcel map shall be prepared by a licensed land surveyor or qualified registered civil engineer.
The parcel map shall include the following “Improvement Note(s)” to identify required improvements prior to city-specified benchmarks (e.g., any permit issuance), in accordance with the Subdivision Map Act 66411.1. The following improvements notes shall be added to page one of the Parcel Map:
All public improvements, as identified per the conditions of approval, shall be completed and accepted/as-built per DP-2021-2466, TPM-2021-2468, PHS-2021- 2470.
Prepare and record an Owner’s statement acceptable to the City Engineer with a note to the effect that the property owner is responsible for the maintenance of the parkway lighting, landscaping and irrigation, and any applicable water quality treatment facilities/devices.
On-site public drainage facilities located outside of public right-of-way shall be contained within public drainage easements as determined to be necessary. A note shall be added on the parcel map stating, “Public drainage easements shall be kept free of buildings and obstructions.” Prior to approval of the Parcel Map, the Permittee/Owner shall submit an application and pay a fee for the city administrator to reapportion any existing assessment district liens. The fee proposal from Willdan Financial Services includes a base amount and per parcel charge so the total amount will vary depending on number of parcels.
Easements, when required for roadway, slopes, landscaping, drainage facilities, utilities, etc., for either onsite or offsite, shall be shown on the parcel map. The Permittee/Owner shall incur all costs associated with the formation of a suitable maintenance district for all associated roadway, slope, landscape, and drainage easements, including access.
An easement for a joint use driveway shall be provided. Reference to existing recorded document(s) shall be made on the parcel map. Otherwise, easement shall be shown on the final map and recorded for the benefit of affected parcels. The easement(s) shall provide access to lot/parcel #’s and a note shall be provided on the final map to ensure joint use.
Proof of payment of any, and all, delinquent property taxes shall be provided prior to recordation of the parcel map.
Submittal of the parcel map for first plan check review must include two copies of the CC&R’s. The City Attorney shall approve the CC&R’s prior to approval of the parcel map by the City Council.
The City Attorney shall approve the CC&R’s prior to approval of the parcel map by the City Council. The CC&R’s shall include language to notify the property owners and occupants of the requirements to implement the approved project-specific WQMP. The CC&R’s shall also include language that it is the property owner’s responsibility to maintain the landscaping and irrigation in the public right-of-way. Tab the sheets and highlight the areas that fulfill this condition on one of the two copies.
The following paragraph shall be included when the project is like a multi-parceled commercial site: The subdivider shall identify within the project’s Covenant’s, Conditions, and Restrictions (CC&Rs), a drainage section identifying the project’s drainage systems and the stormwater Best Management Practices infrastructure (i.e., Low Impact Development, Pollutant Control, Hydromodification). The CC&R’s shall address the drainage systems as approved in accordance with the grading plan, and the associated reports and studies thereof approved by all public agencies having jurisdiction over the shopping center. Moreover, all storm drain improvements shall be identified in the CC&Rs for ongoing reference (maintenance). The following provision shall be included in the CC&R’s, “The maintenance operator established herein shall manage and continuously maintain the landscape area, parking area, detention basin(s) (drainage) and common area(s) more particularly described on Exhibit “_”, attached hereto.” Provide the required number of hard copies and one electronic copy (PDF, TIFF, etc.) of the final map. The electronic copy shall be in an AutoCAD and PDF format to the satisfaction of the City’s GIS Department.
Grants of Easements
All offers of dedication and conveyances shall be submitted for review, and recorded as directed by the Engineering Department. The Permittee/Owner shall incur all costs associated with the formation of a suitable maintenance district for all associated easements.
All easements and/or right-of-way dedications shall be offered via an Irrevocable Offer of Dedication to the City or other appropriate agency and shall continue in force until the City or other agency accepts or abandons/rejects such offer(s). All dedications shall be free from all encumbrances as approved by the Engineering Department.
Easements, when required for roadways, slopes, landscaping, drainage, utilities, etc., both onsite and offsite, shall be shown on a parcel map, or per separate document(s) as approved by the City Engineer. All grants of easements shall be approved prior to issuance of a grading permit.
PRIOR TO ISSUANCE OF BUILDING PERMITS
Approval and recordation of the final map shall have occurred, and a recorded copy provided to the City. The parcel map may include “Improvement Notes” requiring improvements prior to city-specified benchmarks (e.g., permit issuance), in accordance with the Subdivision Map Act 66411.1.
All easements, agreements of improvements, offsite construction, and dedication for required rights-of-way shall be approved by the Engineering Department.
The building pad shall be certified by a registered Civil Engineer for location and elevation. Additionally, the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions.
The Permittee/Owner shall pay to the City all applicable Development Impact Fees as required by, and in accordance with, City Ordinance 196-98, Resolution No. 08-2107 and Resolution No. 16-3602.
The Permittee/Owner shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) based on the applicable rates at time of permit.
DURING CONSTRUCTION
Construction fencing shall be placed so as not to interfere with sight distance and comply with City Std. No. 214.
If dirt or construction debris is to be transported into, or off, the site, a haul permit will be required as part of the grading permit process. Both import and export locations must be permitted sites. If so, submit a proposed haul route plan and comply with all conditions and requirements the City Engineer may impose 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.
The Permittee/Owner shall construct the following public improvements to the current City of Murrieta Circulation Element and corresponding City standards, or as otherwise noted:
Construct driveway entrance along Sierra Lane to current ADA Requirements.
Permittee/Owner shall confirm the infiltration rates coincide with the rates used in the Water Quality Management Plan. If BMPs are to be placed in areas and/or depths different from the original infiltration testing, thereby posing potentially different infiltration rates from those originally obtained, new infiltration testing may be required and BMP designs may be impacted.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
Final grading of the subject property shall be completed in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, and City Grading Manual, via accepted grading construction practices.
All improvements, required by the Engineering Department, shall be constructed, completed, and accepted per the approved plans and City standards to the satisfaction of the City Engineer. All sewer and water improvements shall be constructed, completed, and accepted in accordance with the Sewer and Water District standards.
The permittee shall coordinate with Melia Homes, Inc. to install the final lift along Mitchell Road and Sierra Lane.
Final Map shall be recorded, accepted by County, and a copy provided to the City Engineer, in the format requested.
If applicable, provide elevations for set Street Centerline Monuments. If approved, provide centerline tie notes per City Std. 616 on 8.5 x 11 mylar sheets for all monuments set.
All existing and proposed utility lines have been undergrounded and/or relocated, and/or easements provided, as necessary.
Demonstrate that all treatment control BMP’s described in the Final project-specific WQMP have been constructed and installed in conformance with the approved plans and specifications and the Permittee/Owner is prepared to maintain all BMP’s described in the approved Final project-specific WQMP.
The Permittee/Owner shall prepare and provide an as-built project specific Final WQMP (updated to include any changes made during construction) and demonstrate that an adequate number of copies are available for the future owners / occupants.
One (1) electronic format shall also be provided to the Department of Engineering.
The Permittee/Owner shall demonstrate that the irrigation controller and heads are set so irrigation runoff does not enter the street or storm drain systems.
The Permittee/Owner shall disclose to the property owner(s) they are responsible for the maintenance of the parkway landscaping. And any other work within the public right-of- way will require an encroachment permit from the Engineering Department.
The Permittee/Owner shall provide one set of Mylars, scanned copy, and electronic copy of “As-Built” drawings of the grading and improvement plans. The electronic copy shall be in an AutoCAD format to the satisfaction of the City’s GIS Department2. Coordinate system shall be NAD 1983 State plane California Zone V1 FIPS 0406 Feet. Also provide electronic copies (thumb drive) of the approved WQMP, Hydrology/Hydraulic Report, Final Geotechnical Report, and any other applicable document(s). Said Electronic copies shall be in a Word.doc, PDF format, or other acceptable Microsoft formats.
Obtain written clearance, as deemed necessary by the Engineering Department, from the following agencies:
Planning Division
Engineering Department
Building & Safety Division
Fire Department
Landscape (Planning)
Community Services Department
Sewer and Water District(s)
Utility Companies
Southern California Edison Company
FIRE DEPARTMENT
The project shall comply with all requirements set forth by the California Code of Regulations Title 24 Parts 1-12 respectively.
The adopted edition of the California Code of Regulations, Title 24, Parts 1 through 12, and the Murrieta Municipal Code shall apply at the time the architectural plans are submitted for construction permits.
Prior to the to the issuance of a grading permits, evidence of sufficient fire flow of 3,000 GPM for 3 hours shall be provided to the Murrieta Fire & Rescue. Murrieta Fire & Rescue Water Available/Fire Flow Form shall be utilized. The fire flow report shall be completed within 6 months of the time of submittal.
Prior to the issuance of a grading permit a fire department access plan shall be submitted to the Murrieta Fire & Rescue for review and approval. The fire department access plan shall comply with the requirements specified by Murrieta Municipal Code, California Fire Code (CFC), Chapter 5 and Appendix D.
A fire department access road complying with the CFC, Chapter 5 and the approved fire department access plans shall be installed prior to building construction.
All required fire hydrants shall be installed and operational prior to building construction. All fire hydrants shall remain operational during construction.
All required fire hydrants shall be readily visible and immediately accessible. A clear space of not less than 5 feet shall be always maintained. Fire Hydrants shall be centered in a 4-foot x 4-foot concrete pad.
Water improvement plans shall be approved by Murrieta Fire & Rescue. The Developer shall furnish Murrieta Fire & Rescue with three (3) copies of the water improvement plans designed by a Registered Engineer and/or Licensed Contractor. On-site private fire service mains shall have a minimum of eight (8) inch water mains with six (6) inch laterals and risers. Larger pipes maybe required to meet required fire flow requirements. Fire hydrants shall provide one 4” port and 2- 2 ½ ports and must be an approved fire hydrant type. The private fire hydrant system must be approved, installed, tested, and accepted, prior to combustible construction.
Fire hydrants shall be installed at intersections, at the beginning radius of cul-de-sacs, and every 300 feet of fire access roadways, regardless of parcel size. The size of fire hydrant outlets shall be a minimum of one 4 inch and two 2-½ inch NST outlet as required by the Fire Code official.
A minimum of two points of connection to public water shall be provided for the private fire-line water.
The private underground fire-line system shall be a looped design.
The Fire Department Connection (FDC) shall be located within 50 feet of a public fire hydrant. The fire hydrant shall be on the same side of the street as the FDC. A vehicle access roadway/approach shall not be placed between the FDC and fire hydrant. A private hydrant may be used to support the FDC provided that an aboveground check valve is installed in a manner that prevents water from the FDC circulating back to the fire hydrant.
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.
Prior to construction a temporary address sign shall be posted and clearly visible from the street.
The permanent building address shall be provided and either internally or externally lit during hours of darkness (Mt Palomar lighting requirements apply). The address shall be clearly visible from the street fronting the property. The numbers shall be a minimum of 12” in height with a minimum stroke of 1”. The background and numbers shall be highly contrasting.
Prior to building final, the building shall be provided with a Knox Lock key box located no more than 6-feet above the finished surface and near the main entrance door.
Murrieta Fire & Rescue approval shall be obtained prior to the storage and/or use of hazardous materials as defined by the CFC.
The project is in the Very High Fire Severity Zone. All enhanced building construction requirements set forth in the California Building Code, Chapter 7A shall apply.
The project is in a Very High Fire Hazard Severity Zone. Prior to the issuance of a building permit, the developer shall submit a conceptual fuel modification plan for the property and a Fire Protection Plan as specified by Chapter 49 of the California Fire Code.
The Title Page of the architectural building construction plans shall contain a bold note that states, “This project is located in the Very High Fire Severity Zone, all applicable requirements shall apply.”
END OF CONDITIONS
Exhibit BExhibit B
Exhibit B
Exhibit B
Draft Conditions of Approval Tentative Parcel Map 38837 (TPM-2021-2468)March 13, 2024Page 10 of 21Draft Conditions of Approval Tentative Parcel Map 38837 (TPM-2021-2468)March 13, 2024Page 10 of 21 Draft Conditions of Approval Tentative Parcel Map 38837 (TPM-2021-2468) March 13, 2024
Draft Conditions of Approval Tentative Parcel Map 38837 (TPM-2021-2468) March 13, 2024