10-180 Resolution No. 10-180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING
TENTATIVE TRACT MAP NO. 31229 TO SUBDIVIDE 77.15 ACRES INTO 239
RESIDENTIAL LOTS
Whereas, on December 4, 2003, the applicant, Rancon Winchester Valley 155
LLC, filed a formal application with the County of Riverside for Tentative Tract Map to
subdivide 77.15 acres into 239 single family residential lots; and,
Whereas, on September 28, 2010, the Planning Commission held a duly noticed
public hearing on Tentative Tract Map No. 31229 (City Case 2009-114), considered
public testimony and materials in the staff report and accompanying documents, which
hearing was publicly noticed by a publication in the newspaper of general circulation, an
agenda posting, and notice to property owners within 1,000 feet of the project site
boundaries.
Whereas, on September 28, 2010, based upon the materials at the public
hearing the City of Menifee Planning Commission recommended approval to the City
Council for Change of Zone No. 6903, Tentative Tract Map No. 31229 (City Case#2009-
114) and an exception to Ordinance 460 for the lot width to depth ratios for lots 49, 57,
210, 222, 223, 224.; and,
Whereas, on November 16, 2010, the City of Menifee City Council considered
public testimony and materials in the staff report and accompanying documents, which
hearing was publicly noticed by a publication in the newspaper of general circulation, an
agenda posting, and notice to property owners within 1,000 feet of the project site
boundaries; and,
Whereas, at the November 16, 2010 City Council public hearing, the Council
found that:
1. The land division is consistent with the applicable general plan land use of the site.
The project site is designated Community Development: Medium Density
Residential (MDR) (2-5 dwelling units per acre) on the Sun City/Menifee Valley
Area Plan. The project site is not located within a specific plan.
2. The proposed,residential use with a density of approximately 3 dwelling units per
acre is a ' permitted use in the Community Development: Medium Density
Residential (MDR) (2-5 dwelling units per acre) designation and therefore, the
project is consistent with the general plan land use.
3. The project site is located within the Highway 79 Policy Area which dictates that
proposed residential projects must have a reduced density of 9% less than the
midpoint of the allowable density range. Within the Community Development:
Medium Density Residential (CD: MDR) (2-5 dwelling units per acre) land use
designation, the allowed maximum density per the Highway 79 Policy would be
3.19 units per acre. The project proposes 239 dwelling units per acre within 77.15
gross acres which equates to a density of 3.09 dwelling units per acre. The
project's density is bellow the maximum allowed under the Policy and the project is
therefore consistent with the Highway 79 Policy Area.
4. The design or improvement of the proposed land division is consistent with the
applicable general and any specific plan.
Resolution No. 10-051
Tentative Tract Map No. 31229 (City Case 2009-114)
"Nautical Cove"
5. The site of the proposed land division is physically suitable for the type of
development.
6. The site of the proposed land division is physically suitable for the proposed
density.
7. The project site is surrounded by properties which are designated Open Space:
Recreation (OS:R) to the north, Community Development: Medium Density
Residential (CD: MDR) (2-5 dwelling units per acre) to the south and west, Rural
Community: Estate Density Residential (CD: EDR) (2 Acre Minimum) to the east,
and Open Space: Conservation (OS: C) to the west.
8. The proposed zoning for the subject site is Planned Residential (R-4).
9. The proposed subdivision of 77.15 acres into 239 residential lots with a minimum
lot size of 6,000 square feet is permitted subject to the approval of a tentative tract
map in the Planned Residential (R-4) zone.
10. The proposed subdivision of 77.15 acres into 239 residential lots with a minimum
lot size of 6,000 square feet is consistent with the development standards set forth
in the Planned Residential (R-4) zone.
11. The project site is surrounded by properties which are zoned Rural Residential (R-
R) to the north, Planned Residential (R-4) and Open Area Combining Zone —
Residential Developments (R-5) pursuant to CZ06949 adopted on September 30,
2008, and One-family Dwellings to the south, Light Agriculture — 2 'h Acre
Minimum (R-A-2 '/2) to the west and Specific Plan No. 247, Planning Areas 16
(single-family residential) and 17 (elementary school).
12. The proposed subdivision of 77.15 acres into 239 single family residential lots with
a minimum lot size of 6,000 square feet is consistent with the Schedule A map
requirements of Ordinance 460, and with all other applicable provisions of
Ordinance 460 with approval of an exception to Ordinance No. 460, Section 3.8, C.
to waive the lot width to depth requirement for lots 49, 57, 210, 222, 223, 224.
13. The design of the proposed land division does not conflict with easements.
14. This project is not located within a Criteria Area of the Multi-Species Habitat
Conservation Plan.
15. An Environmental Assessment was prepared for the proposed project as revised.
The Environmental Assessment determined that although the proposed project
could have a significant effect on the environment, the impacts have been
mitigated so there will not be a significant effect. A Mitigated Negative Declaration
was prepared.
NOW, THEREFORE, the City Council of the City of Menifee resolves and orders
as follows:
1. The Findings set out above are true and correct.
Resolution No. 10-051
Tentative Tract Map No. 31229 (City Case 2009-114)
"Nautical Cove"
2. Environmental Assessment No. 39326 is adopted.
3. Tentative Tract Map No. 31229 (City Case 2009-114) for the subdivision of 77.15
acres into 239 single family residential lots is approved, subject to the Conditions
of Approval as set forth in Exhibit I" to this Resolution and as approved by the
City Council on November 16, 2010.
PASSED, APPROVED AND ADOPTED this 16th day of November 2010.
Wallace Edgerton, Mayor
Attest:
Kathy Bennett, City Clerk
I
,r
Wallace W.Edgerton STATE OF CALIFORNIA )
Mayor COUNTY OF RIVERSIDE ) ss
Fred Twyman CITY OF MENIFEE )
Vice Mayor I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
John V.Denver foregoing Resolution No. 10-180 was duly adopted by the City Council of the City
Councilmember of Menifee at a meeting thereof held on the 16th day of November, 2010 by the
Darcy Kuenzi following vote:
Councilmember
Ayes: Edgerton, Denver, Kuenzi, Mann, Twyman
Thomas Fuhrman Noes: None
Councilmember Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofmenifee.us
EXHIBIT 66
1 "
Conditions of Approval for
Tentative Tract Map No. 31229
for a Residential Subdivision of 77.15 acres into
239 Residential Lots
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Flood Control District
Conditions of Approval
Section V: Riverside County Fire Department Conditions
of Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
Section VII: Riverside County Environmental Programs
Department Conditions of Approval
Section I:
Conditions Applicable to all
Departments
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General Conditions
1. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative Tract Map No. 31229 shall be
henceforth defined as follows:
TENTATIVE MAP = Tentative Tract Map No. 31229, Amended No. 5, dated
March 5, 2008.
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
EXHIBIT D = Design Guidelines and Landscape Plans for Tentative Tract
Map No. 31229, Amended No. 5, dated December 2008.
EXHIBIT LM = Lake Manual for Tentative Tract Map No. 31229, Amended
No. 5, dated December 3, 2008.
2. Project Description of Tentative Tract Map No. 2009-114. The land division
hereby permitted is for a Schedule A subdivision of 77.15 gross acres into 239
single-family residential lots with a 6,000 ft2 minimum lot size and 14 open
space lots. The 14 open space lots would include a 12.38 gross acre
community lake, 0.72 gross acre community park, 0.95 gross acre community
center, and five (5) lots for trails.
The community center recreation area consists of a 5,188 sq foot recreation
building, pool, spa, fireplace/bar-b-que, shade canopies, volleyball court and
open lawn play area. The community park includes a basketball court, picnic
and bar-b-que areas and children's playground.
The project includes the construction of a 12.38 lake which would serve as a
major component of a regional flood control facility that collects offsite storm
runoff from a 4 square mile drainage watershed. This lake system will drain into
the existing Menifee chain of lakes to the north of the project site and then
further on to Salt Creek. A Lake Manual has been provided and details
information on how the lake will be maintained, planted, activities allowed
within the lake, etc. Recreational activities for the lake shall include fishing and
paddle boats. The lake will be maintained by the Home Owner's Association;
however, the Flood Control District will be responsible for the 100 year flood
conveyance through the lake in the area above the normal operating level.
Offsite drainage facilities shall also be constructed along Holland Road at the
project's eastern boundary and extend eastward to La Ventana Road. The
project has been conditioned to obtain drainage easements and permission for
grading and construction from the affected property owners. These facilities
shall be maintained by either the Riverside County Flood Control District or the
Transportation Department.
The project will also include grass swales throughout the site to treat water
quality which will also be maintained by the Home Owner's Association.
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3. Indemnification. The developer/applicant shall indemnify, protect, defend, and
hold harmless, the City and County and any agency or instrumentality thereof,
and/or any of its officers, employees and agents (collectively the "City and
County") from any and all claims, actions, demands, and liabilities arising or
alleged to arise as the result of the applicant's performance or failure to perform
under this Plot Plan or the City's and County's approval thereof, or from any
proceedings against or brought against the City or County, or any agency or
instrumentality thereof, or any of their officers, employees and agents, to
attack, set aside, void, annul, or seek monetary damages resulting from an
action by the City or County, or any agency or instrumentality thereof, advisory
agency, appeal board or legislative body including actions approved by the
voters of the City, concerning Environmental Assessment No. 39236, Change
of Zone No. 6903 and Tentative Tract Map No. 31229.
4. 90 Days to Protest. The land divider has 90 days from the date of approval of
these conditions to protest, in accordance with the procedures set forth in
Government Code Section 66020, the imposition of any and all fees,
dedications, reservations and/or other exactions imposed on this project as a
result of the approval or conditional approval of this project.
5. Newly Incorporated City. The City of Menifee is a new City incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. In
the future the City of Menifee will identify and put in place various processing
fees to cover the reasonable cost of the services provided. The City also will
identify and fund mitigation measure under CEQA through development impact
fees. The developer understands and agrees to pay such fees.
Developer's
Initials
Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services, and
development impact fees to mitigate the impact of the development proposed
on public improvements. To the extent that Menifee may develop future
financing districts to cover the costs of maintenance of improvements
constructed by development, Developer agrees to petition for formation of,
annexation to or inclusion in any such financing district and to pay the cost of
such formation, annexation or inclusion.
6. Mitigation Monitoring Plan. The developer shall comply with the mitigation
monitoring plan (attached).
7. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the Planning Commission's original approval date, unless
extended as provided by Ordinance No. 460. Action on a minor change and/or
revised map request shall not extend the time limits of the originally approved
TENTATIVE MAP.
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Section II :
Planning
Conditions of Approval
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General Conditions
8. Comply with Geologic Report. The developer shall comply with the
recommendations of the Geologic Report. County Geologic Report (GEO) No.
1224 was prepared for this project (TR31229) by T.H.E. Soils Co. Inc., and is
entitled: "Preliminary Geotechnical Investigation, Proposed +/-77-Acre
Residential Development, Parcel B, APN No. 364-200-004, Northwest Corner
of Briggs and Holland Roads, Menifee Area, Riverside County, California",
dated November 20, 2003.
GEO No. 1224 concluded:
1. No known faulting has been recorded on the subject site. Ground rupture
during a seismic event is considered unlikely.
2. The potential for seismically induced settlement is considered negligible
after recommended site grading.
3. The potential for liquefaction during a local seismic event is considered
low.
4. The potential for seismically induced rockfall, landslides, tsunamis,
seiches, and inundation from failure of Diamond Valley Reservoir are
considered low.
GEO No. 1224 recommended:
1. Remedial grading of the upper soils is recommended.
2. The soils engineer and/or geologist should verify the depth of removals in
the field during grading operations.
GEO No. 1224 satisfies the requirement for a geotechnical study for planning
purposes. Final approval of GEO No. 1224 is hereby granted for planning
purposes. Engineering and other Uniform Building Code parameters will be
reviewed and additional comments and/or conditions may be imposed by the
Building and Safety Department upon application for grading and/or building
permits.
9. Comply with Ordinance. This land division shall comply with the State of
California Subdivision Map Act and to all requirements of COrdinance No. 460,
Schedule A, unless modified by the conditions listed herein.
10. No Offsite Subdivision Signage. No offsite subdivision signs advertising this
land division/development are permitted, other than those allowed under
Ordinance No. 679.4. 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.
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11. Design Standards.
The design standards for the subdivision are as follows:
a. Lots created by this map shall conform to the design standards of the
Planned Residential (R-4) zone.
b. The front yard setback is 20 feet.
c. The side yard setback is 5 feet.
d. The street side yard setback is 10 feet.
e. The rear yard setback is 10 feet, except where a rear yard abuts a street,
then the setback shall be the same as the front yard setback, in
accordance with Section 21.77 of Ordinance No. 348.
f. The minimum width of each lot is 40 feet and the minimum depth of each
lot is 80 feet.
g. The maximum height of one family dwellings is 40 feet and no other
building or structure shall exceed 50 feet.
h. The minimum lot size is 6,000 square feet.
i. Residential driveway approaches shall be a minimum of 12 feet and a
maximum of 30 feet in width, and 20 feet of full height curb is required
between driveways within any one property frontage, in accordance with
Ord. No. 461, Standard No. 207.
j. Lots 47, 49, 57, 118, 119, 195, 210, 222, 223, 224 shall exceed the width
to depth ratio of Ordinance 460, Article III, Section 3.8, "Lots", C.
EXCEPT AS ALLOWED BY ORDINANCE NO. 348, AND THE COUNTYWIDE
DESIGN STANDARDS AND GUIDELINES
12. Minor Plot Plans Required. For each of the below listed items, a minor plot
plan application shall be submitted and approved by the Planning Department
pursuant to Section 18.30.a. (1) of County Ordinance No. 348 (Plot Plans not
subject to the California Environmental Quality Act and not subject to review by
any governmental agency other than the Planning Department) along with the
current fee.
1) Final Site Development Plan for each phase of development.
2) Model Home Complex Plan shall be filed and approved for each phase if
models change between phases. A final site of development plot plan
must be approved prior to approval, or concurrent with a Model Home
Complex Plan.
3) Landscaping Plan for typical front yard/slopes/open space/parks. These
three plans may be applied for separately for the whole tract or for
phases.
4) Landscaping plans totally in the road right-of-Way shall be submitted to
the Transportation Department only.
5) Each phase shall have a separate wall and fencing plan.
6) Entry monument and gate entry plan.
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NOTE: The requirements of the above plot plans may be accomplished as one,
or, any combination of multiple plot plans required by these conditions of j
approval. However, each requirement shall be cleared individually with the
applicable plot plan condition of approval in the prior to building permit
issuance conditions.
13. Countywide Design Guidelines. The project shall conform to Countywide
Design Standards and Guidelines adopted January 13, 2004.
14. Building Plans Required. The developer shall cause building plans to be
submitted to the Building and Safety Department for review and approval by
the Department of Building and Safety - Plan Check Division. Said plans shall
be in conformance with the approved TENTATIVE MAP.
15. Conform to Lake Manual. The proposed lake shall be constructed and
maintained in accordance to APPROVED EXHIBIT LM.
16. Construction Hours. During construction, no person shall operate any power
tools or equipment between the hours of 8:00 AM. and 3:00 PM such that the
power tools or equipment (including heavy grading machinery)are audible to
the human ear inside any classroom of Southshore Elementary School.
Additionally, no person shall operate any power tools or equipment at any other
time (8:00 A.M. to 3:00 P.M.) such that the power tools or equipment are
audible to the human ear at a distance greater than one hundred (100) feet
from the power tools or equipment.
Enforcement shall be conducted through the Riverside County Sheriff and
Code Enforcement and may be assisted by the Public Health.
17. Design Guidelines. When occasions occur in which the project design
guidelines, "Exhibit D", conflict with established guidelines or ordinances the
stricter rule/law/guideline shall apply.
18. Park Annexation. All parklands must be annexed into a Lighting and
Landscape Maintenance district or other mechanism as determined by the City
of Menifee.
19. Project'Design Features for Greenhouse Gas Reductions.
The project shall construct residential buildings that surpass the 2008 Title 24
energy efficiency requirements that would result in a reduction of electricity and
natural gas use by at least 15 percent. Potential energy reduction measures
may include the use of efficient lighting, in habitable buildings, installation of
energy efficient heating and cooling systems, and the installation of solar
voltaic panels.
20. Reclaimed Water. The permit holder shall install purple pipes and connect to a
reclaimed water supply for public/HOA landscape watering purposes when
secondary or reclaimed water is made available to the site.
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21. Compliance with SCAQMD 113. Compliance with SCAQMD 113 on the use
of architectural coatings shall be implemented.
FEES
22. Quimby Fees. All Quimby fees for parkland and park improvements must be
paid to the City of Menifee.
23. Subsequent Review Fees. Any subsequent review/approvals required by the
conditions of approval, including but not limited to grading or building plan
review or review of any mitigation monitoring requirement, shall be reviewed on
an hourly basis, or other appropriate fee, as listed in Ordinance No. 671. Each
submittal shall be accompanied with a letter clearly indicating which condition
or conditions the submittal is intended to comply with.
ARCHEOLOGY/PALEONTOLOGY
24. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin.
Further, pursuant to Public Resource Code Section 5097.98(b) remains shall
be left in place and free from disturbance until a final decision as to the
treatment and disposition has been made. If the Riverside County Coroner
determines the remains to be Native American, the Native American Heritage
Commission shall be contacted within a 24 hours. Subsequently, the Native
American Heritage Commission shall identify the "most likely descendant"
within 48 hours. The most likely descendant shall then make
recommendations and engage in consultation concerning the treatment of the
remains as provided in Public Resources Code Section 5097.98.
25. Inadvertent Archeological Find. If during ground disturbance activities,
unique cultural resources are discovered that were not assessed by the
archaeological report(s) and/or environmental assessment conducted prior to
project approval, the following procedures shall be followed. Unique cultural
resources are defined, for this condition, as being multiple artifacts in close
association with each other, but may include fewer artifacts if the area of the
find is determined to be of significance due to its sacred or cultural importance.
1) All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
developer, the archaeologist, the Native American tribal representative and
the Planning Director to discuss the significance of the find.
2) At the meeting, the significance of the discoveries shall be discussed and
after consultation with the Native American tribal representative and the
archaeologist, a decision shall be made, with the concurrence of the
Planning Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
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3) Grading of further ground disturbance shall not resume within the area of
the discovery until an agreement has been reached by all parties as to the
appropriate mitigation.
26. Inadvertent Paleontological Find. Should fossil remains be encountered
during site development:
1) All site earthmoving shall be ceased in the area of where the fossil
remains are encountered. Earthmoving activities may be diverted to other
areas of the site.
2) The applicant shall retain a qualified paleontologist approved by the
County of Riverside.
3) The paleontologist shall determine the significance of the encountered
fossil remains.
4) Paleontological monitoring of earthmoving activities will continue
thereafter on an as-needed basis by the paleontologist during all
earthmoving activities that may expose sensitive strata. Earthmoving
activities in areas of the project area where previously undisturbed strata
will be buried but not otherwise disturbed will not be monitored. The
supervising paleontologist will have the authority to reduce monitoring
once he/she determines the probability of encountering any additional
fossils has dropped below an acceptable level.
5) If fossil remains are encountered by earthmoving activities when the
paleontologist is not onsite, these activities will be diverted around the
fossil site and the paleontologist called to the site immediately to recover
the remains.
6) Any recovered fossil remains will be prepared to the point of identification
and identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled
with museum* repository fossil specimen numbers and corresponding
fossil site numbers, as appropriate; places in specimen trays and, if
necessary, vials with completed specimen data cards) and catalogued, an
associated specimen data and corresponding geologic and geographic
sitb data will be archived (specimen and site numbers and corresponding
data entered into appropriate museum repository catalogs and
computerized data bases) at the museum repository by a laboratory
technician. The remains will then be accessioned into the museum*
repository fossil collection, where they will be permanently stored,
maintained, and, along with associated specimen and site data, made
available for future study by qualified scientific investigators.
*The City of Menifee must be consulted on the repository/museum to receive
the fossil material prior to being currated.
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LANDSCAPING
27. Landscaping. All plant materials within landscaped common areas shall be i
maintained in a viable growth condition throughout the life of this permit. To
ensure that this occurs, the Planning Department shall require inspections in
accordance with the Planning Department's landscaping installed and
inspected conditions.
Prior to Final Map
28. Final Map Required. After the approval of the TENTATIVE MAP and prior to
the expiration of said map, the land divider shall cause the real property
included within the TENTATIVE MAP, or any part thereof, to be surveyed and a
FINAL MAP thereof prepared in accordance with the current Engineering
Department - Survey Division requirements, the conditionally approved
TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460.
29. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land
surveyor or registered civil engineer.
30. Surveyor Checklist. The City Engineering Department - Survey Division shall
review any FINAL MAP and ensure compliance with the following:
A. All lots on the FINAL MAP shall be in substantial conformance with the
approved TENTATIVE MAP relative to size and configuration.
B. All lots on the FINAL MAP shall have a minimum lot size of 6,000
square feet net.
C. All lot sizes and dimensions on the FINAL MAP shall be in conformance
with the development standards of the R-4 zone, and with the Riverside
County Integrated Project (RCIP).
D. All lots on the FINAL MAP shall comply with the length to width ratios,
as established by Section 3.8.C. of County Ordinance No. 460.
E. All knuckle or cul-de-sac lots shall have a minimum of 35 feet of
frontage measured at the front lot line.
F. The common open space areas shall be shown as a lettered lot on the
FINAL MAP.
31. Trail Dedication. Prior to or in conjunction with the recordation of the final
map, the applicant shall offer for dedication to the City of Menifee an easement
for trails purposes. This easement shall be as shown on the approved trails
plan. The Sun City/Menifee Area Plan identifies a Community Trail along the
west side of Briggs Road which is the easterly boundary of the proposed
project. Maintenance of the trails shall be provided through annexation to a
ULMD.
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32. Trail Plans. The applicant shall submit a trails plan to the City of Menifee for
review and approval. This trails plan shall show the trail with all topography,
grading, fencing, cross-sections, street crossings and under crossings, signage j
(if appropriate) and landscaping.
33. Annexation into Park District. The land divider shall submit written proof to
the Planning Department that the subject property has been annexed to a City
of Menifee Recreation and Parks District or other entity acceptable to the
Planning Director.
34. Payment of Park Fees. Prior to map recordation, the land divider shall submit
to the City of Menifee Planning Department evidence of payment of parks and
recreation fees and/or dedication of land for the TENTATIVE MAP in
accordance with Section 10.35 of County Ordinance No. 460.
35. ECS. The land divider shall prepare an Environmental Constraints Sheet
(ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which
shall be submitted as part of the plan check review of the FINAL MAP.
36. ECS Note on Agricultural Uses. The following Environmental Constraints
Note shall be placed on the ECS: "The project site is located within 300 feet of,
land zoned for primarily agricultural purposes by the County of Riverside. It is
the declared policy of the City of Menifee that no agricultural activity, operation,
or facility, or appurtenance thereof, conducted or maintained for commercial
purposes in the City, and in a manner consistent with proper and accepted
customs and standards, as established and followed by similar agricultural
operations in the same locality, shall be or become a nuisance, private or
public, due to any changed condition in or about the locality, after the same has
been in operation for more than three (3) years, if it wasn't a nuisance at the
time it began. The term "agricultural activity, operation or facility, or
appurtenances thereof' includes, but is not limited to, the cultivation and tillage
of the soil, dairying, the production, cultivation, growing and harvesting of any
apiculture, or horticulture, the raising of livestock, fur bearing animals, fish or
poultry, and any practices performed by a farmer or on a farm as incident to, or
in conjunction with, such farming operations, including preparation for market,
delivery to storage or to market, or to carriers for transportation to market."
In the event the number of lots, or the configuration of lots, of the FINAL MAP
differs from that shown on the approved TENTATIVE MAP, the actual language
used above shall reflect those lots which are partly or wholly within 300 feet of
agriculturally zoned (A-1, A-2, A-P, A-D) properties.
37. ECS Note on Dark Sky Lighting. The following Environmental Constraints
Note shall be placed on the ECS:
"This property is subject to lighting restrictions as required by Menifee
Municipal Code Chapter 6 (Ordinance No. 2009-024), 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 Menifee
Municipal Code Chapter 6.
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38. ECS Note on Inundation. The following Environmental Constraint Note shall
be placed on the ECS:
"This property lies within the Diamond Lake Inundation Area".
39. Right to Farm Notice. The land divider shall submit a detailed proposal for the
notification of all initial and future purchasers of dwelling units within the subject
project of the existence of dairies and/or other agricultural uses within the
vicinity of the property and potential impacts resulting from those uses. Said
notification shall be in addition to any notice required by Ordinance No. 625
(Right-to-Farm Ordinance).
Said approved notification shall be provided to all initial and all future
purchasers of dwelling units within the subject project.
40. Fees. Prior to recordation, the Planning Department shall determine if the
deposit based fees for the TENTATIVE MAP are in a negative balance. If so,
any unpaid fees shall be paid by the land divider and/or the land divider's
successor-in-interest.
41. CC&Rs. The land divider shall (a) notify the Planning Department that the
following documents shall be shortly, or have been, submitted to the Office of
the City Attorney for the review and approval of that office, and (b) the land
divider shall submit to the City Attorney the following documents:
1) A cover letter identifying the project for which approval is sought
referencing the Planning Department case number(s) (a copy of this
cover letter may be sent to the Planning Department to serve as
notification) and identifying one individual to represent the land divider if
there are any questions concerning the review of the submitted
documents; and
2) One (1) copy AND one (1) original, wet signed, notarized and ready for
recordation declaration of covenants, conditions, and restrictions;
attached to these documents there shall be included a legal description of
the property included within the covenants, conditions and restrictions
and a scaled map or diagram of such boundaries, both signed and
stdmped by a California registered civil engineer or licensed land
surveyor; and
3) A sample document conveying title to the purchaser of an individual lot or
unit which provides that the declaration of covenants, conditions, and
restrictions is incorporated therein by reference; and,
4) A deposit equaling three (3) hours of the current hourly fee for the Review
of Covenants, Conditions and Restrictions established pursuant to
Ordinance No. 671 at the time the above referenced documents are
submitted to the Office of the County Counsel for review and approval.
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The declaration of covenants, conditions and restrictions submitted for review
shall a) provide for a minimum term of 60 years, b) provide for the
establishment of a property owner's association comprised of the owners of I
each individual lot or unit as tenants in common, c) provide for the ownership of
the common area by either the property owner's association or the owners of
each individual lot or unit as tenants in common, and d) contain the following
provisions verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the
following provisions shall apply:
The home owners' association established herein shall manage and
continuously maintain the 'common area', more particularly described on
Exhibit 'A', within the Design Guidelines and Lake Manual attached hereto, and
shall not sell or transfer the 'common area' or any part thereof, absent the prior
written consent of the Planning Department of the City of Menifee or the City's
successor-in-interest. The common areas include but are not limited to the
community center, community lake, landscaped areas, open space lots, and
park.
The home owners' association shall have the right to assess the owners
of each individual lot or unit for the reasonable cost of maintaining such
'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.
The home owner members of the Home Owners Association will have
first right of refusal to take over maintenance of each amenity or common area
within the subdivision as each amenity or common area is completed.
This Declaration shall not be terminated, 'substantially' amended, or
property deannexed therefrom absent the prior written consent of the
Community Development Director of the City of Menifee or the City's
successor-in-interest. A proposed amendment shall be considered 'substantial'
if it affects the extent, usage, or maintenance of the 'common area' 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, the copy and the original declaration of covenants, conditions
and restrictions shall be forwarded by the City Attorney to the Planning
Department. The Planning Department will retain the one copy for the case file,
and forward the wet signed and notarized original declaration of covenants,
conditions and restrictions to the Engineering Department - Survey Division -
for safe keeping until the final map is ready for recordation. The Engineering
Department - Survey Division - shall record the original declaration of
covenants, conditions and restrictions in conjunction with the recordation of the
final map.
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42. Bus Stop. The Riverside Transit Agency (RTA) has requested a bus stop
along Holland Road pursuant to their comment letter dated February, 4, 2004. I
The bus turnout location shall be established prior to final map recordation. The
developer or permit holder shall submit documentation to the Planning
Department to verify that the bus stop location has been deemed acceptable by
the RTA.
43. Change of Zone. No FINAL MAP shall record until Change of Zone No. 6903
have been approved and adopted by the Menifee City Council and has been
made effective. This land division shall conform with the development
standards of the designations and/or zones ultimately applied to the property.
Prior to Issuance of Grading Permits
44. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this tract map which must be
satisfied prior to the issuance of a grading permit. The Community
Development Director may require inspection or other monitoring to ensure
such compliance.
45. Stephen's Kangaroo Rat Fees. Prior to the issuance of a grading permit, the
land divider/permit holder shall comply with the provisions of Ordinance No.
663, which generally requires the payment of the appropriate fee set forth in
that ordinance. The amount of the fee required to be paid may vary depending
upon a variety of factors, including the type of development application
submitted and the applicability of any fee reduction or exemption provisions
contained in Ordinance No. 663. Said fee shall be calculated on the approved
development project which is anticipated to be 77.15 acres (gross) in
accordance with the TENTATIVE MAP. If the development is subsequently
revised, this acreage amount may be modified in order to reflect the revised
development project acreage amount. In the event Ordinance No. 663 is
rescinded, this condition will no longer be applicable. However, should
Ordinance No. 663 be rescinded and superseded by a subsequent mitigation
fee ordinance, payment of the appropriate fee set forth in that ordinance shall
be required.
46. Fees. Prior to issuance of grading permits, the Planning Department shall
determine if the deposit based fees are in a negative balance. If so, any
outstanding fees shall be paid by the applicant/developer.
47. Construction Plan. Prior to the issuance of a grading permit, the applicant
shall submit to the City's Planning Department and Building and Safety
Department an air quality mitigation plan for construction phases to include the
following:
1) Adherence to SCAQMD Rule 403;
2) Configure construction parking to minimize traffic interference;
3) Provide temporary traffic control during all phases of construction
activities to improve traffic flow;
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4) Schedule constructions activities that affect traffic flow to off-peak hours
(between 7:00 pm and 6:00 am and between 10:00 am and 3:00 pm;
5) Develop a trip reduction plan to achieve a 1.5 AVR for construction
employees;
6) Implement a shuttle service to and from retail services and food
establishments during business hours;
7) Develop a construction management plan that includes, but is not limited
to:
8) Re-routing construction trucks off congested streets;
9) Consolidating truck deliveries;
Use methanol-fueled pile drivers;
10)Suspend use of all construction equipment operations during second
stage smog alerts;
11)Prohibit truck idling in excess of two minutes;
12) Use electricity from power poles rather than temporary diesel power
generators;
13) Use electricity from power poles rather than temporary gasoline power
generators;
14) Use of methanol or natural gas on-site mobile equipment instead of
diesel;
15)Use of propane- or butane-powered on-site mobile equipment instead of
gasoline.
16)Adhere to SCAQMD Rule 113 on the use of architectural coatings.
GRADING
17)Apply non-toxic soil stabilizers according to manufactures' specifications
to all inactive construction areas (previously graded areas inactive for ten
days or more);
18)Replace ground cover in disturbed areas as quickly as possible;
19) Enclose, cover, water twice daily or apply non-toxic soil binders according
to manufacturer's specifications, to exposed piles (i.e. gravel, sand, dirt)
with 5% or greater silt content;
20)Water active sites at least twice daily;
21)Suspend all excavating and grading operations when wind speeds (as
instantaneous gusts) exceed 25 miles per hour;
22)Monitor for particulate emissions according to the South Coast Air Quality
Management District-specified procedures;
23)All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (i.e. minimum
vertical distance between top of the load and the top of the trailer) in
accordance with the requirements of CVC Section 23114;
PAVED ROADS
24)Sweep streets at the end of the day if visible soil material is carried onto
adjacent public paved roads (recommended water sweepers with
reclaimed water);
25) Install wheel washers where vehicles enter and exit unpaved roads, or
wash off trucks and any equipment leaving the site each trip;
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UNPAVED ROADS
26)Apply water three times daily, or non-toxic soil stabilizers according to
manufacturers' specifications, to all unpaved parking or striping areas or j
unpaved road surfaces;
27)Traffic speeds on all unpaved roads to be reduced to 15 miles per hour or
less; 25. Paved construction roads that have a traffic volume of more than
50 daily trips for all vehicles;
28)Pave all construction access roads at least 100 feet on to the site from
the main road;
29)Pave construction roads that have a daily traffic volume of less than 50
vehicular trips.
48. Dust Minimization Mitigation. Pursuant to Rule 403 of the SCAQMD, the
following dust minimizing measures shall be implemented.
a) The simultaneous disturbance of the site shall be limited to five acres per
day to the extent feasible.
b) The project proponent shall comply with all applicable SCAQMD Rules and
Regulations, including Rule 403 insuring the clean-up of construction-
related dirt on approach routes to the site. Rule 403 prohibits the release of
fugitive dust emissions from any active operation, open storage pile or
disturbed surface area visible beyond the property line of the emission
source. Particulate matter on public roadways is also prohibited.
c) The project proponent shall comply with all SCAQMD established minimum
requirements for construction activities to reduce fugitive dust and PM,o
emissions.
d) Adequate watering techniques shall be employed to mitigate the impact of
construction-related dust particulates. Portions of the site that are
undergoing surface earth moving operations shall be watered such that a
crust will be formed on the ground surface, and then watered again at the
end of each day. Site watering shall be performed as necessary to
adequately mitigate blowing dust.
e) Any vegetative cover to be utilized onsite shall be planted as soon as
possible to reduce the disturbed area subject to wind erosion. Irrigation
systems required for these plants shall be installed as soon as possible to
maintain good ground cover and to minimize wind erosion of the soil.
f) Any construction access roads (other than temporary access roads) shall
be paved as soon as possible and cleaned up after each work day. The
maximum vehicle speed on unpaved roads shall be 15 mph.
g) Grading operations shall be suspended during first stage ozone episodes or
when winds exceed 25 mph. A high wind response plan shall be formulated
for enhanced dust control if winds are forecast to exceed 25 mph in any
upcoming 24-hour period.
h) Any construction equipment using direct internal combustion engines shall
use a diesel fuel with a maximum of 0.05 percent sulfur and a four-degree
retard.
i) Construction operations affecting off-site roadways shall be scheduled by
implementing traffic hours and shall minimize obstruction of through traffic
lanes.
j) The engines of idling trucks or heavy equipment shall be turned off if the
expected duration of idling exceeds five (5) minutes.
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k) On-site heavy equipment used during grading and construction shall be
equipped with diesel particulate filters unless it is demonstrated that such
equipment is not available or its use is not cost-competitive. I
1) All haul trucks leaving or entering the site shall be covered or have at least
two feet of freeboard.
m) Any on-site stockpiles of debris, dirt or other dusty material shall be covered
or watered three times daily.
n) Any site access points within 30 minutes of any visible dirt deposition on
any public roadway shall be swept or washed.
49. SCAQMD Rule 402. The project developer shall comply with SCAQMD Rule
402.
50. Construction Noise. The project developer shall implement noise mitigation
measures during grading.
a. During all project site excavation and grading, all construction
equipment, fixed or mobile, shall be equipped with properly operating
and maintained mufflers, consistent with the manufactures' standards.
b. All stationary construction equipment shall be placed so that entitled
noise is directed away from the nearest sensitive receptor.
c. During construction, equipment staging areas shall be located in areas
that will create the greatest distance between construction-related noise
sources and noise sensitive receptors.
51. Section 1601/1603 Permit. Should any grading or construction be proposed
within or along the banks of any natural watercourse or wetland located either
on-site or on any required off-site improvement areas, the land divider/permit
holder shall provide written notification to the Planning Department that the
appropriate California Department of Fish and Game notification pursuant to
Sections 1601/1603 of the California Fish and Game Code has taken place. Or,
the land divider shall obtain an "Agreement Regarding Proposed Stream or
Lake Alteration" (Section 1601/1603 Permit). Copies of any agreement shall be
submitted with the notification. The project site does not contain any mapped
"blue line streams", jurisdictional waterways or waters of the US. However, the
Riverside County Flood Control District can make a determination that a site
contains these features regardless of whether they are mapped or not. Flood's
General conditions of approval state that as a result of possible actions in
developing or permitting the site jurisdictional waterways may be impacted. If
the Riverside County Flood Control District makes a determination that no
waters of the U.S. will be impacted, then a clearance letter from the District
may clear the condition and the above requirements are waived.
52. Section 404 Permit. Should any grading or construction be proposed within or
alongside the banks of the watercourse or wetland, the land divider/permit
holder shall provide written notification to the Planning Department that the
alteration of any watercourse or wetland, located either on-site or on any
required off-site improvement areas, complies with the U.S. Army Corp of
Engineers Nationwide Permit Conditions. Or, the land divider shall obtain a
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permit under Section 404 of the Clean Water Act. Copies of any agreements
shall be submitted along with the notification. The project site does not contain
any mapped "blue line streams", jurisdictional waterways or waters of the US. I
However, the Riverside County Flood Control District can make a determination
that a site contains these features regardless of whether they are mapped or
not. Flood's General conditions of approval state that as a result of possible
actions in developing or permitting the site jurisdictional waterways may be
impacted. If the Riverside County Flood Control District makes a determination
that no waters of the U.S. will be impacted, then a clearance letter from the
District may clear the condition and the above requirements are waived.
ARCHEOLOGY
53. Cultural Resources Disposition Agreement. Prior to grading permit
issuance, the applicant shall provide the Community Development Director
evidence of a fully executed agreement with the Pechanga Band of Luiseno
Mission Indians that addresses the treatment and disposition of all cultural
resources impacted as a result of the development. The Developer shall
relinquish ownership of all cultural resources, including all archaeological
artifacts that are of Native American origin, found in the project area to the
Pechanga Band of Luiseno Indians for proper treatment and disposition.
Should an agreement between the Tribe and the Applicant/Permittee not be
established within 45 days of the Applicant's initiation of such an agreement,
curation will be required in an approved curation facility within Riverside
County. The Applicant/Permittee shall be responsible for all curation costs.
54. Native American Monitoring. Tribal monitor(s) from the Pechanga Band of
Luiseno Mission Indians shall be required on-site during all ground disturbing
activities, including grading, stockpiling of materials, engineered fill, rock
crushing, etc. The land divider/permit holder shall retain a qualified tribal
monitor from the Pechanga Band of Luiseno Indians. Prior to issuance of a
grading permit, the developer shall submit a copy of a signed contract between
the above mentioned Tribe and the land divider/permit holder for the monitoring
of the project, and which addresses the treatment of cultural resources, to the
Planning Department and to the Engineering Department. The Native
American Monitor(s) shall have the authority to temporarily divert, redirect or
halt the ground disturbance activities to allow recovery of cultural resources, in
coordination with the Project Archaeologist. Should an agreement between the
Tribe and the Applicant/Permittee not be established within 45 days of the date
the the Applicant/Permittee initiates such an agreement with the Tribe, Native
American monitoring shall not be required.
55.Archeologist Retained. Prior to the issuance of rough grading permits, a
qualified archaeologist (pursuant to the Secretary of the Interior's standards
and guidelines) shall be retained by the land divider for consultation and
comment on the proposed grading with respect to potential impacts to
archaeological and/or cultural resources A pre-grade meeting between the
archaeologist, the Native American tribal representative(s), and the excavation
and grading contractor shall take place to discuss appropriate grading and
ground disturbing methods within and around those archaeologically and
culturally sensitive areas within the project.
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During grading operations, the archaeologist, the archaeologist's on-site
representative(s) and the Native American tribal representative(s) shall actively I
monitor all project related grading and shall have the authority to temporarily
divert, redirect, or halt grading activity to allow recovery of archaeological
and/or cultural resources.
Prior to the issuance of grading permits, a copy of a fully executed contract for
archaeological monitoring and mitigation services, including the NAME,
ADDRESS and TELEPHONE NUMBER of the retained archaeologist shall be
submitted to the Planning Department and the Engineering Division. The extent
of the monitoring will be determined after the grading plan has been finalized.
Prior to Issuance of Building Permit
56. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this tract map which must be
satisfied prior to the issuance of a building permit. The Community
Development Director may require inspection or other monitoring to ensure
such compliance.
57. Roof Mounted Equipment. Roof-mounted mechanical equipment shall not be
permitted within the subdivision, however, solar equipment or any other energy
saving devices shall be permitted with Planning Department approval.
58. Utilities Underground. All utility extensions within a lot shall be placed
underground.
59. Conform to Design Guidelines. Elevations and floor plans shall substantially
conform to approved Exhibit D.
60. Comply with FSD. Final clearance shall be obtained from the CITY OF
MENIFEE Planning Department - Development Review Division stipulating that
the building plans submitted conform to the approved Final Plan of
Development.
61. Building Separation. Building separation between all buildings shall not be
less than ten (10) feet. Additional encroachments are only allowed as permitted
by County Ordinance No. 348.
62. Parking. Parking spaces are required in accordance with Ordinance No. 348.
All parking areas and driveways shall be surfaced with asphaltic concrete to
current standards as approved by the Riverside County Department of Building
and Safety.
63. Waste Management Department. A clearance letter from Riverside County
Waste Management District shall be provided to the Planning Department
verifying compliance with the conditions contained in their letter dated January
29, 2004, summarized as follows:
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The developer shall provide adequate areas for collecting and loading
recyclable materials such as paper products, glass and green waste in
commercial, industrial, public facilities and residential development projects.
64. Bus Stop. A bus stop shall be shown on the street improvement plans. The
bus stop shall be coordinated with R.T.A. (Riverside Transit Agency) and shall
be subject to Transportation Director and Planning Director approval.
MINOR PLANS REQUIRED
65. Landscaping Plans. The land divider/permit holder shall file five (5) sets of a
Landscaping and Irrigation Plan to the Planning Department for review and
approval. Said plan shall be submitted to the Department in the form of a plot
plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans
not subject to the California Environmental Quality Act and not subject to
review by any governmental agency other than the Planning Department),
along with the current fee. The plan shall be in compliance with City
Requirements, Menifee Municipal Code Chapter 15.04, Ordinance 348 Section
18.12, Sections 19.300 through 19.304., and the TENTATIVE MAP conditions
of approval.
The plan shall show all common open space areas, including, but not limited to
Lot 244, 247, 248, all paseos, and landscaping around the lake. The plan shall
address all areas and conditions of the tract requiring landscaping and
irrigation to be installed including, but not limited to, (slope planting, common
area and/or park landscaping, and individual front yard landscaping). Emphasis
shall be placed on using plant species that are drought tolerant and low water
using.
The plans shall provide for the following:
1) Permanent automatic irrigation systems shall be installed on all
landscaped areas requiring irrigation. Low water use systems are
encouraged.
2) All utility service areas and enclosures shall be screened from view with
landscaping and decorative barriers or baffle treatments, as approved by
the Planning Department. Utilities shall be placed underground.
3) Any required landscape screening shall be designed to be opaque up to a
minimum height of six (6) feet at maturity.
4) Parkways and landscaped building setbacks shall be landscaped to
provide visual screening or a transition into the primary use area of the
site. Landscape elements shall include earth berming, ground cover,
shrubs, and specimen trees in conjunction with meandering sidewalks,
benches, and other pedestrian amenities where appropriate as approved
by the Planning Department.
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5) Landscaping plans shall incorporate the use of specimen accent trees at
key visual focal points within the project.
I
6) Landscaping plans shall incorporate native and drought tolerant plants
where appropriate.
7) All specimen trees and significant rock outcroppings on the subject
property intended for retention shall be shown on the project's grading
plans. Replacement trees for those to be removed shall also be shown.
8) All trees shall be minimum double-staked. Weaker and/or slow-growing
trees shall be steel-staked.
9) Multi-programmable irrigation controllers which have enough programs to
break up all irrigation stations into hydro zones shall be used. If practical
and feasible, rain shutoff devices shall be employed to prevent irrigation
after significant precipitation. Irrigation systems shall be designed so
areas which have different water use requirements are not mixed on the
same station (hydro zones). Assistance in implementing a schedule
based on plant water needs is available from CIMIS or Mobile Lab. The
use of drip irrigation should be considered for all planter areas that have a
shrub density that will cause excessive spray interference of an overhead
irrigation system. Use flow reducers to mitigate broken heads next to
sidewalks, streets, and driveways. (BMP S2)
10) Plants with similar water requirements shall be grouped together in order
to reduce excessive irrigation runoff and promote surface filtration, where
possible. (BMP S3)
NOTES: The Landscape plot plan may include the requirements of any other
minor plot plan required by the subdivision conditions of approval. However,
minor plot plan conditions of approval shall be cleared individually.
Landscaping plans for areas that are totally within the road right-of-way shall be
submitted to the Transportation Department ONLY.
66. Entry Monument Plans. The land divider/permit holder shall file four (4) sets
of an Entry Monument and Gate plot plan to the Planning Department for
review and approval. Said plan shall be submitted to the Department in the
form of a plot plan application pursuant to Ordinance No. 348, Section
18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act
and not subject to review by any governmental agency other than the Planning
Department), along with the current fee. The plan shall be in compliance with
Section 18.12, and the TENTATIVE MAP conditions of approval.
The plot plan shall contain the following elements:
1) A color photo simulation of a frontal view of all/the entry monument(s)
and gate(s) with landscaping.
2) A plot plan of the entry monuments) and/or gate(s) with landscaping
drawn to an engineer's scale. If lighting is planned, the location of lights,
22
their intended direction, and proposed power shall be indicated.
3) An irrigation plan for the entry monument(s) and/or gate(s).
NOTE: The requirements of this plot plan may be incorporated with any minor
plot plan required by the conditions of approval for this subdivision. However,
this ENTRY MONUMENT And GATES PLAN condition of approval shall be
cleared individually.
67. Model Home Complex. A plot plan application shall be submitted to the
Planning Department pursuant to Section 18.30.a.(1) of Ordinance No. 348
(Plot Plans not subject to the California Environmental Quality Act and not
subject to review by any governmental agency other than the Planning
Department), along with the current fee.
The Model Home Complex plot plan shall contain the following elements:
1) An engineer's scaled plan showing the model home lots, lot numbers,
tract number, and north arrow.
2) Show front, side and rear yard setbacks.
3) Provide two dimensioned off street parking spaces per model and one
parking space for office use. The plan must have one accessible parking
space.
4) Show detailed fencing plan including height and location.
5) Show typical model tour sign locations and elevation.
6) Six (6) sets of photographic or color laser prints (8" X 10") of the sample
board and colored elevations shall be submitted for permanent filing and
agency distribution after the Planning Department has reviewed and
approved the sample board and colored elevations in accordance with the
approved Design Manual and other applicable standards. All writing must
be legible. Six (6) matrix sheets showing structure colors and texture
schemes shall be submitted.
7) Provide a Model Home Complex landscape and irrigation plan.
NOTES: The Model Home Complex plot plan shall not be approved without
Final Site Development Plan approval, or concurrent approval of both. See the
Planning Department Model Home Complex application for detailed
requirements.
The requirements of this plot plan may be incorporated with any minor plot plan
required by the subdivision's conditions of approval. However, this MODEL
HOME COMPLEX condition of approval shall be cleared individually.
68. Final Site of Development Plan. A plot plan application shall be submitted to
the Planning Department pursuant to Section 18.30.a.(1) of Ordinance No. 348
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(Plot Plans not subject to the California Environmental Quality Act and not
subject to review by any governmental agency other than the Planning
Department), along with the current fee.
Subdivision development shall conform to the approved plot plan and shall
conform to the COUNTYWIDE DESIGN GUIDELINES and the approved
Design Manual, Exhibit D.
The plot plan shall be approved by the Planning Director prior to issuance of
building permits for lots included within that plot plan.
The plot plan shall contain the following elements:
1) A final site plan (40' scale precise grading plan) showing all lots, building
footprints, setbacks, mechanical equipment and model assignments on
individual lots.
2) Each model floor plan and elevations (all sides).
3) Six (6) sets of photographic or color laser prints (8" x 10") of the sample
board and colored elevations shall be submitted for permanent filing and
agency distribution after the Planning Department has reviewed and
approved the sample board and colored elevations in accordance with the
approved Design Manual and other applicable standards. All writing must
be legible. Six (6) matrix sheets showing structure colors and texture
schemes shall be submitted.
4) At a minimum there should be three different floor plans for tract maps
with 50 or less units. Reverse floor plans are not included as different
floor plan. For tract maps with from 51 to 99 units, there shall be at least
four different floor plans. Tract maps with 100 units or more shall provide
five different floor plans and an additional floor plan for every 100 dwelling
units above 100 units. For development projects that are to constructed in
phases, a phasing plan shall be submitted to assure that the
requirements for the number of floor plans is being met.
5) Homes and garages shall be placed at varying distances from the street
and have varying entry locations. Front yard setbacks shall average 20
feet and may be varied by up to 25%, in increments of any size. The
minimum front yard setback shall not be less than 15 feet.
6) The colors and materials on adjacent residential structures should be
varied to establish a separate identity for the dwellings. A variety of colors
and textures of building materials is encouraged, while maintaining overall
design continuity in the neighborhood. Color sample boards shall be
submitted as a part of the application and review process.
7) All new residences with garages shall be provided with roll-up (i.e. on
tracks) garage doors (either sectional wood or steel). At least 25% of the
garage doors in any project should have windows.
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NOTE: The requirements of this plot plan may be incorporated with any minor
plot plan required by this subdivision's conditions of approval. However, this
FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared
individually.
69. Wall and Fence Plan. The land divider/permit holder shall file three (3) sets of
a Wall/Fencing Plan to the Planning Department for review and approval. Said
plan shall be submitted to the Department in the form of a plot plan application
pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to
the California Environmental Quality Act and not subject to review by any
governmental agency other than the Planning Department), along with the
current fee. The plan shall be in compliance with Section 18.12, and the
TENTATIVE MAP conditions of approval.
A. The plan shall show all project fencing including, but not limited to,
perimeter fencing, side and rear yard fencing, and open space or park
fencing. A typical frontal view of all fences shall be shown on the fencing
plan.
B. All utility service areas and enclosures shall be screened from view with
landscaping or decorative barriers or baffle treatments, as approved by
the Planning Department.
C. All wood fencing shall be treated with heavy oil stain to match the natural
shade to prevent bleaching from irrigation spray.
D. Front yard return walls shall be constructed of masonry slump stone or
material of similar appearance, maintenance, and structural durability)
and shall be a minimum of five feet in height.
E. Side yard gates are required on one side of front yard, and shall be
constructed of wrought iron, wood, vinyl or tubular steel. Side and rear
yard fencing shall be masonry, slump stone or other material of similar
appearance, maintenance, and structural durability. Chain link fencing is
not permitted. All construction must be of good quality and sufficient
durability with an approved stain and/or sealant to minimize water
staining. (Applicants shall provide specifications that shall be approved by
the Planning Department).
F. All new residences constructed on lots of less than 20,000 square feet
shall include rear and side yard fencing constructed of masonry block that
is a minimum of five (5) feet in height. The maximum height of walls or
fencing shall be six (6) feet in height. In the desert areas, block walls are
discouraged on the perimeter in favor of increased setbacks with
extensive drought tolerant landscaping, berms and fencing such as split
rails.
G. Except for the desert areas, all lots having rear and/or side yards facing
local streets or otherwise open to public view shall have fences or walls
constructed of decorative block,
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H. Corner lots shall be constructed with wrap-around decorative block wall
returns. (Note: exceptions for the desert area discussed above.)
I. Side yard gates are required on one side of the home and shall be I
constructed of powder-coated wrought iron or tubular steel.
J. Wrought iron or tubular steel fence sections may be included within tracts
where view opportunities and/or terrain warrant its use. Where privacy of
views is not an issue, tubular steel or wrought iron sections should be
constructed in perimeter walls in order to take advantage of casual view
opportunities.
70. Walls Required. The proposed development shall provide sound attenuation
wall in accordance the letters issued by the Department of Public Health-Office
of Industrial Hygiene, dated July 8, 2008 and November 18, 2008 which are
summarized as follow:
1) Seven foot high (noise barriers) masonry block walls or combination berm
and block wall shall be constructed along the eastern site boundary
(Briggs Road) of lots 115-117 of TR31229
2) Six foot high (noise barriers) masonry block walls or combination berm
and block wall shall be constructed along the eastern site boundary
(Briggs Road) of lots 30-35 of TR31229.
3) Seven foot high (noise barriers) masonry block wall or combination berm
and block wall shall be constructed along the southern south boundary
(Holland Road) of lots 118-134 of TR31229.
4) Six foot high (noise barriers) masonry block walls or combination berm
and block wall shall be constructed along the southern site boundary
(Holland Road) of lots 180-192 and 195 to 201 of TR31229.
5) Six foot high (noise barriers) masonry block walls or combination berm
and block wall shall be constructed along the western site boundary
(Southshore Dr.) of lots 180-172 and 169 to 168 of TR31229.
6) Seven foot high perimeter wall shall be constructed along the northern
boundary site in order to mitigate any noise produced by the air
conditioners located within the RV Park.
LANDSCAPING
71. Front Yard Landscaping. All front yards shall be provided with landscaping
and automatic irrigation as defined by Ordinance No. 348. Landscaping and
Irrigation shall comply with the Riverside County Guide to California Friendly
Landscaping and Menifee Municipal Code Chapter 15.04.
72. Performance Securities. Performance securities, in amounts to be
determined by the Director of Building and Safety to guarantee the installation
of plantings, irrigation system, walls and/or fences, in accordance with the
approved plan, shall be filed with the Department of Building and Safety.
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Securities may require review by the City Attorney and other staff. Permit
holder is encouraged to allow adequate time to ensure that securities are in
place. The performance security may be released one year after structural I
final, inspection report, and the One-Year Post Establishment report confirms
that the planting and irrigation components have been adequately installed and
maintained. A cash security shall be required when the estimated cost is
$2,500.00 or less. .
73. Landscape Inspection Deposit. Prior to issuance of building permits, the
permit holder shall open a Landscape DBF case and deposit the prevailing
DBF amount to cover the Six Month and One Year Landscape Inspections. In
the event that no Landscape DBF case type is available through the City, then
the applicant shall open and deposit sufficient funds into an HR case type at
the current prevailing, Board adopted, hourly rate. The amount of hours for the
Six Month and One Year Landscape Inspections will be determined by the
Planning Department's Landscape personnel prior to approval of the requisite
Minor Plot Plan for Planting and Irrigation.
FEES
74. School Fees. Impacts to the Menifee Union School District shall be mitigated
in accordance with California State law.
Impacts to the Perris Union High School District shall be mitigated in
accordance with California State law.
75. Fees. Prior to issuance of building permits, the Planning Department shall
determine if the deposit based fees are in a negative balance. If so, any
outstanding fees shall be paid by the applicant/developer.
Prior to Final Inspection
76. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this tract map which must be
satisfied prior to the issuance of final occupancy. The Community Development
Director may require inspection or other monitoring to ensure such compliance.
77. Walls Constructed. The land divider/permit holder shall construct a six to
seven foot high block wall or combination block wall and landscaped berm
around the perimeter of the project in compliance with the Acoustical Study.
The required walls shall be subject to the approval of the Building and Safety
Department. An anti-graffiti coating shall be provided on all block walls, and
written verification from the developer shall be provided to both the TLMA -
Land Use Division, and the Development Review Division.
78. Fencing Compliance. Fencing shall be provided throughout the subdivision in
accordance with the approved final site development plans.
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79. Entry Monuments. Entry monuments shall be installed in accordance with the
approved entry monument plans.
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80. Driveways. The land divider/permit holder shall cause all driveways to be
constructed of cement concrete.
LANDSCAPING
81. Landscaping Installation Inspections. The permit holder's landscape
architect responsible for preparing the Landscaping and Irrigation Plans shall
arrange for an Installation Inspection with the Planning Department at least
fifteen (15) working days prior to final Inspection of the structure or issuance of
occupancy permit, whichever occurs first. Upon successful completion of the
Installation Inspection and compliance with the Planning Department's prior to
building permit issuance landscaping conditions, both the Planning
Department's Landscape Inspector and the permit holder's landscape architect
shall execute a Certificate of Completion that shall be submitted to the Planning
Department and the Department of Building and Safety. The developer shall
provide a landscape inspection deposit to cover the cost of the installation
inspection.
82. Specimen Trees. Landscaping plans shall incorporate the use of specimen
(24" box or greater) canopy trees long streets and within the parking areas. All
trees and shrubs shall be drawn to reflect the average specimen size at 15
years of age. All trees shall be double-staked and secured with non-wire ties.
83. Landscaping Installed. All required landscape planting and irrigation shall
have been installed in accordance with approved Landscaping, Irrigation, and
Shading Plans, and the Riverside County Guide to California Landscaping and
Menifee Municipal Code Chapter 15.04 (as adopted and any amendments
thereto) provided that said ordinance has been amended to address residential
tracts. All landscape and irrigation components shall be in a condition
acceptable to the Planning Department. The plants shall be healthy and free of
weeds, disease or pests. The irrigation system shall be properly constructed
and determined to be in good working order.
FEES
84. DIF Fees. Prior to the issuance of either a certificate of occupancy or prior to
building permit final inspection, the applicant shall comply with the provisions of
Ordinance No. 659, which requires the payment of the appropriate fee set forth
in the Ordinance. Ordinance No. 659 has been established to set forth policies,
regulations and fees related to the funding and construction of facilities
necessary to address the direct and cumulative environmental effects
generated by new development projects described and defined in this
Ordinance, and it establishes the authorized uses of the fees collected.
The fee shall be paid for each residential unit to be constructed within this land
division. In the event Ordinance No. 659 is rescinded, this condition will no
longer be applicable. However, should Riverside County Ordinance No. 659 be
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rescinded and superseded by a subsequent mitigation fee ordinance, payment
of the appropriate fee set forth in that ordinance shall be required.
85. MSHCP Fees. Prior to the issuance of either a certificate of occupancy or prior
to building permit final inspection, the applicant shall comply with the provisions
of Ordinance No. 810, which requires payment of the appropriate fee set forth
in the Ordinance. Ordinance No. 810 has been established to set forth
policies, regulations and fees related to the funding and acquisition of open
space and habitat necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance.
The fee shall be paid for each residential unit to be constructed within this land
division.
In the event Ordinance No. 810 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 810 be rescinded and superseded
by a subsequent mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
Prior to Issuance of Given Building Permit
86. Park Plans. Prior to the issuance of the 40th building permit within TTM31229,
detailed park plans shall be submitted to and approved by the Planning
Department for the park designated as Lot 252 on the TENTATIVE MAP.
87. Park Construction. Prior to issuance of the 80th building permit within
TTM31229, the park designated as Lot 252 on the TENTATIVE MAP shall be
constructed and a permanent maintenance mechanism/entity shall be in place
to undertake responsibilities for maintaining the park and facilities.
88. Park Plans 2. Prior to the issuance of the 120th building permit within
TTM31229, detailed park plans shall be submitted to and approved by the
Planning Department for the community center and park designated as Lot 251
on the TENTATIVE MAP.
89. Park Construction 2. Prior to issuance of the 180th building permit within
TTM31229,, the community center and park designated as Lot 251 on the
TENTATIVE MAP shall be constructed and a permanent maintenance
mechanism/entity shall be in place to undertake responsibilities for maintaining
the park and facilities.
90. Open Space Lots.
Lot 240. Prior to the final occupancy of any of the following lots, 16, 17, 18,
19,20, 21, 22, 23, 24, 25, 26, 27, 28 or 29, or prior to the issuance of the 180th
building permit, whichever occurs first, the trail and landscaping within open
space lot 240 as shown on the TENTATIVE MAP shall be installed. The
landscaping, including irrigation, must be consistent with the approved
landscaping plans. To ensure that the landscaping is consistent with the
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approved plans a landscape inspection will be required as summarized in the
"Landscaping Installation Inspection." (Planning Condition No. 73)
Lot 241. Prior to the final occupancy of any of the following lots, 135, 136, 137,
138, 139, 140, 141, 142, 143 or 144, or prior to the issuance of the 180th
building permit, whichever occurs first, the trail and landscaping within open
space lot 241 as shown on the TENTATIVE MAP shall be installed. The
landscaping, including irrigation, must be consistent with the approved
landscaping plans. To ensure that the landscaping is consistent with the
approved plans a landscape inspection will be required as summarized in the
"Landscaping Installation Inspection." (Planning Condition No. 73)
Lot 242. Prior to the final occupancy of any of the following lots, 145, 146, 147,
148, 149, 150, 151, or 152, or prior to the issuance of the 180th building permit,
whichever occurs first, the trail and landscaping within open space lot 242 as
shown on the TENTATIVE MAP shall be installed. The landscaping, including
irrigation, must be consistent with the approved landscaping plans. To ensure
that the landscaping is consistent with the approved plans a landscape
inspection will be required as summarized in the "Landscaping Installation
Inspection." (Planning Condition No. 73)
Lot 243. Prior to the final occupancy of any of the following lots, 153, 154, 155,
156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, or 167, or prior to the
issuance of the 180th building permit, whichever occurs first, the trail and
landscaping within open space lot 243 as shown on the TENTATIVE MAP shall
be installed. The landscaping, including irrigation, must be consistent with the
approved landscaping plans. To ensure that the landscaping is consistent with
the approved plans a landscape inspection will be required as summarized in
the "Landscaping Installation Inspection." `(Planning Condition No. 73)
Lot 244. Prior to final occupancy any of the following lots 5, 6, 7, 71, 72, or 73,
or the prior to the issuance of the 200th building permit, whichever comes first,
the landscaping within open space lot 244 as shown on the TENTATIVE MAP
shall be installed. The landscaping, including irrigation, must be consistent with
the approved landscaping plans. To ensure that the landscaping is consistent
with the approved plans a landscape inspection will be required as summarized
in the "Landscaping Installation Inspection." (Planning Condition No. 73)
Lot 245. Prior to the final occupancy of any of the following lots, 30, 31, 32, 33,
34, or 35, whichever occurs first, the landscaping within open space lot 245
(along Briggs Road) as shown on the TENTATIVE MAP shall be installed. The
landscaping, including irrigation, must be consistent with the approved
landscaping plans. To ensure that the landscaping is consistent with the
approved plans a landscape inspection will be required as summarized in the
"Landscaping Installation Inspection." (Planning Condition No. 73)
Lot 246. Prior to the final occupancy of any of the following lots, 115, 116, or
117, whichever occurs first, the landscaping within open space lot 246 (along
Briggs Road) as shown on the TENTATIVE MAP shall be installed. The
landscaping, including irrigation, must be consistent with the approved
landscaping plans. To ensure that the landscaping is consistent with the
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approved plans a landscape inspection will be required as summarized in the
"Landscaping Installation Inspection." (Planning Condition No. 73)
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Lot 247. Prior to the final occupancy of any of the following lots, 223, 224, 225,
225, 172, 173, 174, or 175, whichever occurs first, the landscaping within open
space lot 247 as shown on the TENTATIVE MAP shall be installed. The
landscaping, including irrigation, must be consistent with the approved
landscaping plans. To ensure that the landscaping is consistent with the
approved plans a landscape inspection will be required as summarized in the
"Landscaping Installation Inspection." (Planning Condition No. 73)
Lot 248. Prior to the final occupancy of any of the following lots, 118, 119, 120,
115, 116, 117 or prior to the issuance of the 200th building permit, whichever
occurs first, the landscaping within open space lot 248 as shown on the
TENTATIVE MAP shall be installed. The landscaping, including irrigation, must
be consistent with the approved landscaping plans. To ensure that the
landscaping is consistent with the approved plans a landscape inspection will
be required as summarized in the "Landscaping Installation Inspection."
(Planning Condition No. 73)
Lot 249. Prior to the final occupancy of any of the following lots, 57, 56, 55, 54,
53, 52, 51, 50, 47, 46, 45, 44, 43, 42, 41, 40, 39, 38, 37, 36, or 35, or prior to
the issuance of the 200th building permit, whichever occurs first, the
landscaping within open space lot 249 as shown on the TENTATIVE MAP shall
be installed. The landscaping, including irrigation, must be consistent with the
approved landscaping plans. To ensure that the landscaping is consistent with
the approved plans a landscape inspection will be required as summarized in
the "Landscaping Installation Inspection." (Planning Condition No. 73)
Lot 250. The community lake, which serves as a drainage facility for the
project, shall be constructed and fully operable as required by the City
Engineering Department and/or by the Riverside County Flood Control
Department. (Planning Condition No. 73)
Lot 253. Prior to the final occupancy of any of the following lots, 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14, or 15, or prior to the issuance of the 180th building
permit, whichever occurs first, the trail and landscaping within open space lot
253 as shown on the TENTATIVE MAP shall be installed. The landscaping,
including irrigation, must be consistent with the approved landscaping plans.
To ensure that the landscaping is consistent with the approved plans a
landscape inspection will be required as summarized in the "Landscaping
Installation Inspection." (Planning Condition No. 73)
91. Construction of Trail.
Prior to issuance of the 117th building permit or in conjunction with the
improvements on Briggs Road, whichever occurs first, the trail designated on
Briggs road shall be constructed as shown on the approved trails plan.
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Section III:
Engineerinq/Transportation/
Grading Conditions of Approval
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General Conditions
92. Grading Requirements. Improvements such as grading, filling, over i
excavation and recompaction, and base or paving which require a grading
permit are subject to the included Engineering Department conditions of
approval.
All grading shall conform to the California Building Code, Ordinance 457, and
all other relevant laws, rules, and regulations governing grading in Riverside
County and the City of Menifee and prior to commencing any grading which
includes 50 or more cubic yards, the applicant shall obtain a grading permit
from the Engineering Department.
Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top
soil disturbances related to construction grading.
93. Slopes. Graded slopes shall be limited to a maximum steepness ratio of 2:1
(horizontal to vertical) unless otherwise approved.
94. Drainage Grade. Minimum drainage grade shall be 1% except on portland
cement concrete where .35% shall be the minimum.
95. Slope Setbacks. Observe slope setbacks from buildings & property lines per
the Uniform Building Code as amended by Ordinance 457.
96. Parking Paving. All off-street parking areas which are conditioned to be paved
shall conform to Ordinance 457 base and paving design and inspection
requirements.
97. Paving Inspections. The developer/applicant shall be responsible for
obtaining the paving inspections required by Ordinance 457.
98. Drainage Facilities. Provide drainage facilities and terracing in conformance
with the Uniform Building Code's chapter on "Excavation and Grading."
99. Protect Downstream Properties. The land divider shall protect downstream
properties from damages caused by alteration of the drainage patterns, i.e.,
concentration or diversion of flow. Protection shall be provided by constructing
adequate drainage facilities including enlarging existing facilities and/or by
securing a drainage easement. All drainage easements shall be shown on the
final map and noted as follows: "Drainage Easement - no building, obstructions,
or encroachments by landfills are allowed". The protection shall be as approved
by the Transportation Department.
100.Off-site Drainage. The land divider shall accept and properly dispose of all
off-site drainage flowing onto or through the site. In the event the
Transportation Department permits the use of streets for drainage purposes,
the provisions of Article XI of Ordinance No. 460 will apply. Should the
quantities exceed the street capacity or the use of streets be prohibited for
drainage purposes, the subdivider shall provide adequate drainage facilities
and/or appropriate easements as approved by the Transportation Department.
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101. Ordinance No. 460 and 461. With respect to the conditions of approval for the
referenced tentative exhibit, the landowner shall provide all street I
improvements, street improvement plans and/or road dedications set forth
herein in accordance with Ordinance 460, City Road Improvement standards
(Ordinance 461) and to the satisfaction of the City Engineering Department. It
is understood that the exhibit correctly shows acceptable centerline elevations,
all existing easements, traveled ways, and drainage courses with appropriate
Q's, and that their omission or unacceptability may require the exhibit to be
resubmitted for further consideration. These Ordinances and all conditions of
approval are essential parts and a requirement occurring in ONE is as binding
as though occurring in all. All questions regarding the true meaning of the
conditions shall be referred to the City Engineer.
102.Phasing. Should the applicant choose to phase any portion of this project,
said applicant shall provide off-site access roads to City maintained roads as
approved by the Engineering Department.
103.Traffic Study. The Engineering Department has reviewed the traffic study
submitted for the referenced project. The study has been prepared in
accordance with City-approved guidelines. We generally concur with the
findings relative to traffic impacts.
The Comprehensive General Plan circulation policies require a minimum of
Level of Service 'C', except that Level of Service 'D' may be allowed in
community development areas at intersections of any combination of
secondary highways, major highways, arterials, urban arterial expressways or
state highways and ramp intersections.
The traffic study recommends improvements at intersections where
deficiencies require mitigation and at intersections along the project frontage.
Mitigation measures are required for all deficient intersections for the "existing
plus ambient growth plus project conditions" scenario. Mitigation measures
are required for "existing plus ambient growth plus project plus cumulative
projects conditions" scenario for deficient intersections adjacent the project site
or for unfunded improvements.
As such, the proposed project is consistent with this General Plan policy. The
associated conditions of approval incorporate mitigation measures identified in
the traffic study, which are necessary to achieve or maintain the required level
of service.
Prior to Final Map
104.Traffic Signal Design. The project proponent shall be responsible for the
design of traffic signal(s) at the intersection of:
NONE
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105.Geometrics. The interim conditions intersection geometrics identified below
shall be provided and signing/striping plans shall be provided for approval by
the Transportation Department. While full buildout of the roadway along the j
project frontage will be provided consistent per the City's Road Improvement
Standards, interim condition lane geometrics account for alignment of lanes
and current intersection constraints. Prior to the issuance of any building
permit the following geometrics shall be provided or as approved by the City
Engineer:
The intersection of Antelope Road/Scott Road shall be improved to provide the
following geometrics:
Northbound: one left-turn lane, one through lane, and one right-turn lane
Southbound: one left-turn lane, one through lane, and one right-turn lane with
right-turn overlap phasing
Eastbound: one left-turn lane, one through lane, and one shared through/right-
turn lane
Westbound: one left-turn lane, one through lane, and one shared through/right-
turn lane
The intersection of Southshore Drive(NS)/Saxony Drive-Street "K"(EW) shall be
improved to provide the following geometrics:
Northbound: one shared left-turn/through lane, and one dedicated right-turn
lane
Southbound: one left-turn lane, and one shared through/right-turn lane
Eastbound: one left-turn lane, one shared through/right-turn lane
Westbound: one shared left-turn/through, and one right-turn lane
NOTE: The Southshore Drive(NS)/Saxony Drive-Street "K"(EW) intersection
shall be stop-controlled for the east/west movements, with no stop-control to
north-south movements on Southshore Drive.
The intersection of Street "G" (NS)/Holland Road (EW) shall be improved to
provide the following geometrics:
Southbound: one left-turn, and one right-turn lane
Eastbound: one left-turn lane, one through lane
Westbound: one through lane and one dedicated right-turn lane
NOTE: The Street "G" (NS)/Holland Road (EW) intersection shall be stop-
controllod for the southbound movement, with no stop-control to east-west
movements on Holland Road. The westbound dedicated right-turn lane is in
addition to the roadway cross-section identified in the County of Riverside
Ordinance 461.
The intersection of Briggs Road (NS)/Street "C" (EW) shall be improved to
provide the following geometrics:
Northbound: one through lane
Southbound: one shared through/right-turn lane
Eastbound: one right-turn lane
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NOTE: The Briggs Road (NS)/Street "C" (EW) intersection shall be restricted to
right-in/right-out only movements and stop-controlled for the eastbound
movement, with no stop-control to north-south movements on Briggs Road. j
Or as approved by the Engineering Department.
All improvements listed are requirements for interim conditions only. Full right-
of-way and roadway half sections adjacent to the property for the ultimate
roadway cross-section per the City's Road Improvement Standards and
Specifications must be provided.
Any off-site widening required to provide these geometrics shall be the
responsibility of the landowner/developer, or as approved by the Engineering
Department.
106. CFD. Prior to the recordation of the final map, a Community Facilities District
(CFD) or other funding mechanism acceptable to the Engineering Department
shall be formed and ready to fund for the construction of the extension of
Newport Road from Menifee Road to SR-79, as determined by the Engineering
Department.
107. Improvement Plans. Improvement plans for the required improvements must
be prepared and shall be based upon a design profile extending a minimum of
300 feet beyond the project boundaries at a grade and alignment as approved
by the Riverside County Engineering Department. Completion of road
improvements does not imply acceptance for maintenance by County.
108. Off-site Access. The off-site rights-of-way required for said access road(s)
shall be accepted to vest title in the name of the public if not already accepted.
109. Easements. Any easement not owned by a public utility, public entity or
subsidiary, not relocated or eliminated prior to final map approval, shall be
delineated on the final map in addition to having the name of the easement
holder, and the nature of their interests, shown on the map.
110. Lot Access Restrictions. Lot access shall be restricted on Holland Road,
Briggs Road and Southshore Drive and so noted on the final map, with the
exception of one emergency access for Fire Department south of the northerly
property line on Southshore Drive.
111. Signing and Stripping Plans. Signing and striping plans are required for this
project. The applicant shall be responsible for any additional paving and/or
striping removal caused by the striping plan. Traffic signing and striping shall
be performed by City forces with all incurred costs borne by the applicant,
unless otherwise approved by the City Traffic Engineer.
112. Street Names. The land divider shall install street name sign(s) in accordance
with County Standard No. 816 as directed by the Engineering Department.
113. Design Coordination. The street design and improvement concept of this
project shall be coordinated with TR30422 and TR32277.
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114. Landscaping. The project proponent shall comply in accordance with
landscaping requirements within public road rights-of-way, in accordance with I
Ordinance 461. Landscaping shall be improved within Holland Road, Briggs
Road and Southshore Drive. Landscaping plans shall be submitted on standard
County Plan sheet format (24" X 36"). Landscaping plans shall be submitted
with the street improvement plans.
115. Soils Investigation. The developer/owner shall submit a preliminary soils and
pavement investigation report addressing the construction requirements within
the road right-of-way.
116. Centerline. All centerline intersections shall be at 90 degrees, plus or minus 5
degrees, with a minimum 50' tangent, measured from flowline/curbface or as
approved by the Engineering Planning and Development Review Division
Engineer.
117. Bus Stop. The Riverside Transit Agency (RTA) has requested a bus stop
along Holland Road pursuant to their comment letter dated February, 4, 2004.
The bus turnout location shall be established prior to final map recordation. The
developer or permit holder shall submit documentation to the Planning
Department to verify that the bus stop location has been deemed acceptable by
the RTA.
118. Street Lights. A separate street light plan is required for this project. Street
lighting shall be designed in accordance with County Ordinance 460 and
Streetlight Specification Chart found in Specification Section 22 of Ordinance
461. For projects within SCE boundaries use County of Riverside Ordinance
461, Standard No's 1000 or 1001.
119. L&LMD. The project proponent shall annex to L&LMD 89-1 for streetlight
power. The applicant shall contact the Engineering Department L&LMD 89-1-C
Administrator and submit the following:
1) Completed Engineering Department application
2) Appropriate fees for annexation.
3) (2) Sets of street lighting plans approved by Engineering Department.
4) "Streetlight Authorization"form from SCE or other electric provider.
120. Maintenance. Assurance of continuing maintenance is required by filing an
application for annexation into a Landscaping and Lighting Maintenance District
NO. 89-1-Consolidated and/or Assessment District.
121. Road and Bridge Benefit District Fees. Prior to the recordation of the final
map, or any phase thereof, the project proponent shall pay fees in accordance
with Zone "E-2" of the Menifee Valley Road and Bridge Benefit District. Should
the project proponent choose to defer the time of payment, a written request
shall be submitted to the County, deferring said payment to the time of
issuance of a building permit. Fees which are deferred shall be based upon the
fee schedule in effect at the time of issuance of the permit.
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122. Benefit District. Should this project lie within any assess ment/benefit district,
the applicant shall, prior to recordation, make application for and pay for their
reapportionment of the assessments or pay the unit fees in the benefit district. I
123. Corner Cutbacks. All corner cutbacks shall be applied per Standard 805,
Ordinance 461, except for corners at Entry streets intersecting with General
Plan roads, they shall be applied per Exhibit 'C' of the Countywide Design
Guidelines.
124. Utilities Underground. Electrical power, telephone, communication, street
lighting, and cable television lines shall be designed to be placed underground
in accordance with ordinance 460 and 461, or as approved by the Engineering
Department. The applicant is responsible for coordinating the work with the
serving utility company. This also applies to existing overhead lines which are
33.6 kilovolts or below along the project frontage and between the nearest
poles offsite in each direction of the project site. A disposition note describing
the above shall be reflected on design improvement plans whenever those
plans are required. A written proof for initiating the design and/or application of
the relocation issued by the utility company shall be submitted to the
Engineering Department for verification purposes.
125. Graffiti Abatement. The project proponent shall file an application for
annexation to Landscaping and Lighting Maintenance District No. 89-1-
Consolidated for graffiti abatement of walls and other permanent structures
along County maintained road rights-of-way.
126. Improvements. Interior streets (Private) are designated as private local roads
and shall be improved with 36 foot full-width AC pavement, 6" concrete curb
and gutter, and 5' sidewalk within the 56' full-width dedicated right-of-way in
accordance with County Standard No. 105, Section "A". (36756)
NOTE: A 5' sidewalk shall be constructed adjacent to the right-of-way line
within the 10' parkway.
Entry streets "C", "G" and "K" (Private) are designated as private entry roads
and shall be improved with 76 foot full-width AC pavement, 6" concrete curb
and gutter, and 6' sidewalk within the 106' full-width dedicated right-of-way in
accordance with County Standard No. 103, Section "A". (767106') (Modified)
NOTE:
A 10' landscaped entry median shall be constructed at the centerline
of the street.
Southshore Drive (Public) is designated as a collector road and shall be
improved with 44 foot full-width AC pavement, 6" concrete curb and gutter, and
6' sidewalk within the 74' full-width dedicated right-of-way in accordance with
County Standard No. 103, Section "A". (44774')
NOTE: A 6' sidewalk shall be constructed adjacent to the right-of-way line
within the 15' parkway on the project side. However, the segment of
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the parkway adjacent to the concrete box culvert, the 6' sidewalk shall
be constructed adjacent to the curb.
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Construct a safety tubular hand rail at the concrete box culvert
crossing, 6' from the curb line on the project side.
Holland Road along the project boundary is a paved City maintained road
designated as a Major Highway (118' right-of-way) and shall be improved with
part-width AC pavement (38 feet on the project side), 8" concrete curb and
gutter, 8" curbed edge of landscaped median, and match up asphalt concrete
paving, reconstruction, or resurfacing of existing paving as determined by the
Engineering Department. Holland Road right-of-way dedication shall be 59 feet
in accordance with County Standard No. 93.
NOTE: A 5' meandering sidewalk shall be constructed within the 21' parkway
per Standard No. 404.
A curbed landscaped median shall be constructed on Holland Road
along the project frontage consistent with County Standard No. 93.
As determined through engineering documentation by applicant, the
Engineering Department may consider payment of cash-in-lieu for
construction of raised medians that may not be feasible until buildout
of roadway occurs. The curbed landscaped median shall include a
median break to accommodate full vehicular access at Street "G".
Briggs Road along the project boundary is a paved City maintained road
designated as a Major Highway (118' right-of-way) and when accounting for
existing power poles, shall be improved with part-width AC pavement (38 feet
on the project side) and tie into the existing 18' on the opposite side of the
centerline, 8" concrete curb and gutter, 8" curbed edge of landscaped median,
and match up asphalt concrete paving, reconstruction, or resurfacing of
existing paving as determined by the Engineering Department. When
accounting for Southern California Easement and 10' D.G. Community Trail,
Briggs Road right-of-way dedication shall be 64 feet to 69 feet in accordance
with County Standard No. 93 (modified).
NOTE: A 5' sidewalk shall be constructed 4' from the curb face within the 21'
parkway per Standard 404.
A curbed landscaped median shall be constructed on Briggs Road
along the project frontage consistent with County Standard No. 93. As
determined through engineering documentation by applicant, the
Engineering Department may consider payment of cash-in-lieu for
construction of raised medians that may not be feasible until buildout of
roadway occurs.
A split rail PVC fence and a 10' D.G. Community Trail, 13' from the curb
line, shall be constructed within the 26' parkway (on the project side) as
approved by the City Engineering.
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127. Gate Mechanism. The project applicant shall install gate mechanism at
project entry points that allow multiple cars to enter after key code or remote
control opens gates. Gate mechanism that limits entry to one vehicle at a time
is prohibited.
128. Off-site Access. The landowner/developer shall provide/acquire sufficient
public off-site rights-of-way to provide for a paved access road to a paved and
maintained road. Said access road shall be constructed with 32' of A.C.
pavement within a 60' dedicated right-of-way in accordance with County
Standard No. 106, Section A (32760') at a grade and alignment as approved by
the Engineering Department. Should the applicant fail to provide/acquire said
off-site right-of-way, the map shall be returned for redesign. The applicant shall
provide the appropriate environmental clearances for said off-site
improvements prior to recordation or the signature of any street improvement
plans. Said off-site access road shall be the westerly extension of Holland
Road to a paved County maintained Holland Road.
129. Traffic Signal Requirements. The project proponent shall comply in
accordance with traffic signal requirements within public road rights-of-way, as
directed by the Engineering Department. Assurance of traffic signal
maintenance is required by filing an application for annexation to Landscaping
and Lighting Maintenance District No. 89-1-Consolidated for the required traffic
signal(s).
130. Street Sweeping. Owner shall cause property to be annexed into CSA 152 or
similar district or mechanism for the NPDES BMP of street sweeping, as
approved by the City Engineer.
Prior to Issuance of Grading Permit
131.Security Posting for Grading. Grading in excess of 199 cubic yards will
require performance security to be posted with the Building and Safety
Department. Single Family Dwelling units graded one lot per permit and
proposing to grade less than 5,000 cubic yards are exempt.
132.Erosion Control. Erosion control - landscape plans, required for manufactured
slopes greater than 3 feet in vertical height, are to be signed by a registered
landscape architect and bonded per the requirements of Ordinance 457, see
form 284-47.
133.Submit Geotechnical Report. The developer shall comply with the
recommendations of the Geotechnical Report prepared for the project.
Geotechnical soils reports, required in order to obtain a grading permit, shall be
submitted to the Building and Safety Department's Grading Division for review
and approval prior to issuance of a grading permit.
All grading shall be in conformance with the recommendations of the
geotechnical/soils reports as approved by the City of Menifee.*
134.Grading and Drainage to Comply with Flood. All grading and drainage shall
be designed in accordance with Riverside County Flood Control & Water
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Conservation District's conditions of approval regarding this application. If not
specifically addressed in their conditions, drainage shall be designed to
accommodate 100 year storm flows. i
Additionally, the Building and Safety Department's conditional approval of this
application includes an expectation that the conceptual grading plan reviewed
and approved for it complies or can comply with any WQMP (water Quality
Management Plan) required by Riverside County Flood Control & Water
Conservation District.
135.Easement or Permission for Grading. Prior to the issuance of a grading
permit, it shall be the sole responsibility of the owner/applicant to obtain any
and all proposed or required easements and/or permissions necessary to
perform the grading herein proposed.
136.NPDES. Prior to issuance of any grading or construction permits - whichever
comes first - the applicant shall provide the Building and Safety Department
evidence of compliance with the following: "Effective March 10, 2003 owner
operators of grading or construction projects are required to comply with the
N.P.D.E.S. (National Pollutant Discharge Elimination System) requirement to
obtain a construction permit from the State Water Resource Control Board
(SWRCB). The permit requirement applies to grading and construction sites of
"ONE" acre or larger. The owner operator can comply by submitting a "Notice
of Intent" (NOI), develop and implement a STORM WATER POLLUTION
PREVENTION PLAN (SWPPP) and a monitoring program and reporting plan
for the construction site. For additional information and to obtain a copy of the
NPDES State Construction Permit contact the SWRCB at (916) 657-1146.
Additionally, at the time the county adopts, as part of any ordinance,
regulations specific to the N.P.D.E.S., this project (or subdivision) shall comply
with them.
137.Import/Export. In instances where a grading plan involves import or export,
prior to obtaining a grading permit, the applicant shall have obtained approval
for the import/export location from the Building and Safety department. If an
Environmental Assessment, prior to issuing a grading permit, did not previously
approve either location, a Grading Environmental Assessment shall be
submitted to the Planning Director and the Environmental Programs Director
for review and comment and to the Building and Safety Department Director for
approval. Additionally, if the movement of import/export occurs using county
roads, review and approval of the haul routes by the Engineering Department
will be required.
138.Slope Protection. Provide slope protection for all manufactured slopes with
filtration swales above them, then if they overflow drainage would not flow
directly over an unprotected slope face. Protection could be in the form of a
concrete down drain and spillway directing flow to the toe of the slope.
139.Overflow Facilities. Subsurface drainage, flowing in easements adjacent to or
in lots for homes, shall provide emergency overflow facilities - in case the
subsurface drainage is blocked -to prevent inundation of residential lots.
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Prior to Final Inspection
140.Slope Planting. Plant and irrigate all manufactured slopes steeper than a 4:1
(horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or
ground cover; slopes 15 feet or greater in vertical height shall be planted with
additional shrubs or trees as approved by the Building & Safety Department's
Erosion Control Specialist.
141.Finished Grade. Finish grade shall be sloped to provide proper drainage
away from all exterior foundation walls. The slope shall be not less than one-
half inch per foot for a distance of not less than 3 feet from any point of exterior
foundation. Drainage swales shall not be less than 1 1/2 inches deeper than
the adjacent finish grade at the foundation.
142.Traffic Signal Design. The project proponent shall be responsible for the
construction and installation of traffic signals at the following locations:
NONE
143.80% Completion. Occupancy releases will not be issued to Building and
Safety for any lot exceeding 80% of the total recorded residential lots within
any map or phase of map prior to completion of the following improvements:
a) Primary and Alternate (secondary) access roads shall be completed and
paved to finish grade according to the limits indicated in the improvement
plans and as noted elsewhere in these conditions.
b) Interior roads shall be completed and paved to finish grade according to the
limits indicated in the improvement plans and as noted elsewhere in these
conditions. All curbs, gutters, sidewalks and driveway approaches shall be
installed.
c) Storm drains and flood control facilities shall be completed according to the
improvement plans and as noted elsewhere in these conditions. Written
confirmation of acceptance for use by the Flood Control District, if
applicable, is required.
d) Water system, including fire hydrants, shall be installed and operational,
according to the improvement plans and as noted elsewhere in these
conditions. All water valves shall be raised to pavement finished grade.
Written confirmation of acceptance from water purveyor is required.
e) Sewer system shall be installed and operational, according to the
improvement plans and as noted elsewhere in these conditions. All sewer
manholes shall be raised to pavement finished grade. Written confirmation
of acceptance from sewer purveyor is required.
f) Landscaping and irrigation, water and electrical systems shall be installed
and operational in accordance with County Ordinance 461.
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144.TUMF. Prior to the issuance of an occupancy permit, the project proponent
shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with
the fee schedule in effect at the time of issuance, pursuant to Ordinance No. j
824.
145.Utilities Underground. Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance
with ordinance 460 and 461, or as approved by the Engineering Department.
This also applies to existing overhead lines which are 33.6 kilovolts or below
along the project frontage and between the nearest poles offsite in each
direction of the project site.
A certificate should be obtained from the pertinent utility company and
submitted to the Department of Engineering as proof of completion.
146.L&LMD Annexation. Prior to issuance of an occupancy permit the project
proponent shall complete annexation to Landscaping and Lighting Maintenance
District NO. 89-1-Consolidated for graffiti abatement of walls and other
permanent structures along City maintained road rights-of-way.
147.L&LMD Landscape Maintenance. Prior to issuance of an occupancy permit,
the project proponent shall complete annexation to Landscaping and Lighting
Maintenance District NO. 89-1-Consolidated , City Service Area and/or
Assessment District for continuous landscape maintenance within for
continuous landscape maintenance within public road rights-of-way, in
accordance with Ordinance 461 and of the community trails.
148.L&LMD Signal Maintenance. Prior to issuance of an occupancy permit the
project proponent shall complete annexation to Landscaping and Lighting
Maintenance District No. 89-1-Consolidated for maintenance of traffic signals
within public road rights-of-way for the required traffic signal(s).
149.Street Sweeping. Street sweeping annexation into CSA 152 or similar
mechanism as approved by the City shall be completed.
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Section IV:
Riverside County Flood Control
District Conditions of Approval
44
General Conditions
150.Flood Hazard Report. Tract 31229 is a proposal to subdivide 78-acres into
single family lots in the East Menifee Area. The project is located on the
northwest corner of Holland Road and Briggs Road.
The site lies just upstream of a developed water course/ lake combination that
drains into Salt Creek. The site receives offsite flows from a 4 square mile
watershed to the east and south. Due to lack of flood control infrastructure, the
site is impacted by substantial amounts of sheet flow runoff form the east.
The northerly quarter of the property lies within the 100-year Zone A floodplain
limits as delineated on Panel No. 06065C2070G of the Flood Insurance Rate
Maps issued in conjunction with the National Flood Insurance Program
administered by the Federal Emergency Management Agency (FEMA).
The development of this site is extremely difficult without a regional flood
control facility that would collect and convey the onsite and offsite flows and
discharge them into an adequate outlet west of Lindenberger Road. The
developer of TR31008, located at northeast corner of Holland and Leon Road,
proposed and was conditioned to construct a drainage facility that would
extend from Leon Road to Briggs Road (easterly property line of this
development) . This drainage facility in conjunction with the proposed facility on
this project would serve as a regional flood control facility that would collect
offsite storm runoff from the 4 square mile drainage watershed. In its entirety,
this regional facility would extend from Lindenberger Road easterly about 9,000
feet to Leon Road and about 1300 feet northerly along Leon Road, and its
alignment is generally parallel and southerly of Holland Road. The District has
reviewed the general alignment and capacity of this facility and has approved
the conceptual drainage plan, prepared by Artiga Civil Design dated May 25,
2007. A letter from the developers of this and TR31008 to the District concurs
with the regional facility and proposed lake and channel preliminary plans. And
both developers agree to work with each other to allow the construction of the
regional facility. In addition, the developer of TR31008 has written a letter
stating his willingness to work with this project and to act as an agent for the
upstream developers in regards to providing any transfer of rights and/or
permission he has on other properties.
The lower end of the proposed facility (about 3100 lineal feet), also serving as
a recreational lake for the project, would traverse the site from Briggs Road to
Lindenberger Road.
The County's Planning Department has reviewed the drainage plan for the
backbone drainage facility and as a lead agency determined that the facility
would not have a significant effect on the environment and a Mitigated
Negative Declaration was prepared. In addition, the Planning Department
found that the project is consistent with the General Plan's vision, goals,
policies and land use.
It shall be noted that even with the construction of this regional facility, parts of
the watershed would not be captured without local drainage facilities that
45
discharge into the regional facility. This issue can only be addressed with future
developments.
l
A flood plain study dated March 2007 was received by the District on March 29,
2007. The study shows that the construction of approximately 3000 lineal feet
of this regional facility, upstream of Briggs Road, in combination with improving
and raising Briggs Road along the eastern side of this project, would protect
the proposed development from offsite flooding. The study also shows that
there is minimal impact to adjacent properties as a result of such
improvements.
Even though this channel will provide flood protection, the area tributary to east
of Briggs road along the eastern boundary would be collected by a roadside
ditch within Briggs Road right of way. The Engineering Department has
expressed its willingness to maintain this interim road-side ditch. The ditch
would discharge into a culvert proposed at Briggs Road at the eastern entrance
to the site. This culvert in turn, discharges into a storm drain that conveys flows
into the lake.
Flow from the north-east of the site is proposed to drain as it flows in the
existing condition, through a small culvert on Briggs Road at the southeast
corner of the RV Park, and then through an improved ditch located along the
northern boundary of the project. This ditch will outlet into an existing ditch
currently located on Lindenberger Road that drains into the lake of the
downstream tract, TR30422. TR 30422 will improve Lindenberger Road and
replace the ditch with a culvert. TR 31229 has entered into an agreement with
the RV Park to construct the ditch, record an easement and maintain the
improvements.
In order to provide flood protection to this site, this regional facility shall be
constructed upstream approximately 3,100 lineal feet to La Ventana Lane. This
would collect most of the offsite flows while not aggravating flooding conditions
on adjacent properties. This channel shall be designed and constructed to
District standards. Prior to map recordation, plans for the facility must be
approved, bonds posted, right of way acquired and agreements executed. Prior
to the release of occupancy permits, the facility must be accepted by the
District for operations and maintenance.
The following describes the onsite portion of this drainage facility. The
developer proposes to fill a majority of the site and convey offsite/onsite storm
flows in the proposed regional facility which also serves as a park and
lake/floodway system that eventually drains into the Menifee chain of lakes.
This lake/floodway would serve as an upstream continuation/extension of the
existing channel in TR 30422. For safety reasons, the side slopes of the
channel/lake above the lake operating level water surface elevation of 1422.0
shall be no steeper than 4:1 and the slope below this elevation shall be no
steeper than 3:1. While the District would not maintain the lake, the District will
be responsible for the 100 year flood conveyance through the lake in the area
above the normal operating level. A flood conveyance easement shall be
granted to the District and a Lake Maintenance Manual shall be prepared and
approved by the District prior to a grading permit. The proposed lake is similar
46
to the lakes that exist downstream, known as the Lakes of Menifee. An HOA
would be acceptable to the District as a recreation/landscaping partner for the
lake, and swales. All these facilities shall be designed with maintenance j
features such as access to the lake perimeter and access to all swales.
Grading permits shall not be issued and final maps shall not record until a
Conditional Letter of Map Revision (CLOMR) has been received from FEMA.
Final Building Inspections for lots impacted by the FEMA floodplain shall not be
issued until a Letter of Map Revision (LOMR) is obtained by FEMA.
The map shows a low point in the road near lot 140 and a pad elevation of 30.9
that appears to be near the maximum water surface elevation of the lake. The
developer is aware of this, and will raise streets and pads enough to
accommodate suitable freeboards.
WATER QUALITY:
The applicant has submitted a preliminary WQMP, dated April 2007 and
received on March 10, 2008. The plan proposes grass swales as treatment
control BMP's. The final design shall incorporate "enhanced" grassy swale
design to allow for more mitigation of all pollutants of concern. Bioswale shall
have a minimum of 4:1 side slope adjacent to the trails or Public access
(except around the lake where the side slope is 3:1). The back half of the lots
facing the lake are not being mitigated for water quality. These areas shall be
designed to drain to a BMP as landscaping is a source of pollutants.
151.Letter of Map Revision. A portion of the proposed project is in a floodplain
and may affect "waters of the United States", "wetlands" or "jurisdictional
streambeds", therefore, in accordance with the requirements of the National
Flood Insurance Program and Related Regulations (44 CFR, Parts 59 through
73) and County Ordinance No. 458:
a. A flood study consisting of HEC-2/HEC-RAS calculations, cross sections,
maps, and other data should be prepared to the satisfaction of the Federal
Emergency Management Agency (FEMA) and the District for the purpose
of revising the effective Flood Insurance Rate Map of the project site. The
study shall be submitted with the related project improvement plans.
Grading permits shall not be issued and final maps shall not record until a
Conditional Letter of Map Revision (CLOMR) has been received from
FEMA. Final Building Inspections for lots impacted by the FEMA floodplain
shall not be issued until a Letter of Map Revision (LOMR) is obtained from
FEMA.
The applicant shall be responsible for payment of all processing fees
required by FEMA for the CLOMR and LOMR. FEMA submittals for a
CLOMR shall be reviewed by the District on a fee for service basis. A fee in
conformance with the requirements of 44 CFR Parts 65, 70, and
subsequent final rules shall be required prior to final map approval to cover
the cost of processing the LOMR. Payment of all District fees and deposits
for processing of FEMA submittals shall be made directly to the District.
47
Fees for processing FEMA submittals shall be in addition to regular District
plan check fees.
l
b. A copy of appropriate correspondence and necessary permits, or
correspondence showing the project to be exempt, from those government
agencies from which approval is required by Federal or State law (such as
Corps of Engineers 404 permit or Department of Fish and Game 1603
agreement) shall be provided to the District prior to the recordation of the
final map.
All Regulatory Permits (and any attachments thereto such as Habitat Mitigation
and Monitoring Plans, Conservation Plans/Easements) to be secured by the
Developer shall be submitted to the District for review. The terms of the
Regulatory Permits shall be approved by the District prior to improvement plan
approval, map recordation or finalization of the Regulatory Permits. There shall
be no unreasonable constraint upon the District's ability to operate and
maintain the flood control facility to protect public health and safety.
152.404 Permit. A portion of the proposed project may affect "waters of the United
States", "wetlands" or "jurisdictional streambeds". Therefore, a copy of
appropriate correspondence and necessary permits, or correspondence
showing the project to be exempt, from those government agencies from which
approval is required by Federal or State law (such as Corps of Engineers 404
permit or Department of Fish and Game 1603 agreement) shall be provided to
the District prior to the recordation of the final map.
All Regulatory Permits (and any attachments thereto such as Habitat Mitigation
and Monitoring Plans, Conservation Plans/Easements) to be secured by the
Developer shall be submitted to the District for review. The terms of the
Regulatory Permits shall be approved by the District prior to improvement plan
approval, map recordation or finalization of the Regulatory Permits. There shall
be no unreasonable constraint upon the District's ability to operate and
maintain the flood control facility to protect public health and safety.
153.WQMP. In compliance with Santa Ana Region and San Diego Region
Regional Water Quality Control Board Orders, and Beginning January 1, 2005,
projects submitted within the western region of the unincorporated area of
Riverside County for discretionary approval will be required to comply with the
Water Quality Management Plan for Urban Runoff (WQMP). The WQMP
addresses post-development water quality impacts from new development and
redevelopment projects. The WQMP requirements will vary depending on the
project's geographic location (Santa Ana, Santa Margarita or Whitewater River
watersheds). The WQMP provides detailed guidelines and templates to assist
the developer in completing the necessary studies. These documents are
available on-line at:
www.flood control.co.riverside.ca.us under Programs and Services,
Stormwater Quality.
To comply with the WQMP a developer must submit a "Project Specific"
WQMP. This report is intended to a) identify potential post-project pollutants
48
and hydrologic impacts associated with the development; b) identify proposed
mitigation measures (BMPs) for identified impacts including site design, source
control and treatment control post-development BMPs; and c) identify I
sustainable funding and maintenance mechanisms for the aforementioned
BMPs. A template for this report is indicated as 'exhibit A' on the website
above. A final Project Specific WQMP must be approved by the District prior to
issuance of building or grading permits.
Projects that require a Project Specific WQMPs were required to submit a
PRELIMINARY Project Specific WQMP along with the land-use application
package in the tentative phase of development in order to obtain recommended
conditions of approval. The developer has submitted a report that minimally
meets the criteria for a preliminary project specific WQMP of addressing points
a, b, and c above. It shall be noted that while the preliminary project specific
WQMP was adequate at that stage, the preliminary WQMP report will need
significant revisions at the improvement plan check phase of the development
in order to meet the requirements of a final project specific WQMP - including
detailed drawings for the BMPs along with all supporting calculations. It should
also be noted that if 401 certification is necessary for the project, the Water
Quality Control Board may require additional water quality measures.
154.CC&Rs. The CC&R's for the development's Home/Property Owners
Association (HOA/POA) shall contain provisions for all privately owned
structural best management practices (BMPs) to be inspected, and if required,
cleaned no later than October 15 each year. The CC&R's shall identify the
entity that will inspect and maintain all structural BMPs within the project
boundaries. A copy of the CC&R's shall be submitted to the District for review
and approval prior to the recordation of the map.
155.100 Year Flood Zone. TR 31229 is within the 100 year Zone A flood plain
limits as delineated on Panel No. 06065C2070G of the Flood Insurance Rate
Maps issued in conjunction with the National Flood Insurance Program
administered by the Federal Emergency Management Agency (FEMA).
156.Off-site Facilities. In addition to the onsite lake/channel and, unless already
constructed, this development shall construct about 3000 lineal feet of the
backbone drainage facility from its easterly property line upstream to about La
Ventana Road.
157.10 year Flow. The 10 year storm flow shall be contained within the curb and
the 100 year storm flow shall be contained within the street right of way. When
either of these criteria is exceeded, additional drainage facilities shall be
installed. The property shall be graded to drain to the adjacent street or an
adequate outlet.
158.Drainage Facilities. Drainage facilities outletting sump conditions shall be
designed to convey the tributary 100 year storm flows. Additional emergency
escape shall also be provided.
159.Coordinate Drainage. Development of this property shall be coordinated with
the development of adjacent properties to ensure that watercourses remain
49
unobstructed and stormwaters are not diverted from one watershed to another.
This may require the construction of temporary drainage facilities or offsite
construction and grading. A drainage easement shall be obtained from the
affected property owners for the release of concentrated or diverted storm
flows. A copy of the recorded drainage easement shall be submitted to the
District for review.
Prior to Final Map
160.CLOMR. Unless the District has already revised the Flood Insurance Rate
Map, the developer will be required to obtain a Conditional Letter of Map
Revision (CLOMR) from FEMA prior to map recordation.
161.Improvement Plans. A copy of the improvement plans, grading plans, final
map, environmental constraint sheet, BMP improvement plans, and any other
necessary documentation along with supporting hydrologic and hydraulic
calculations shall be submitted to the District for review. All submittals shall be
date stamped by the engineer and include a completed Flood Control Deposit
Based Fee Worksheet and the appropriate plan check fee deposit.
162.Onsite Drainage. Onsite drainage facilities located outside of road right of
way shall be contained within drainage easements shown on the final map. A
note shall be added to the final map stating, "Drainage easements shall be kept
free of buildings and obstructions".
163.Offsite Drainage. Offsite drainage facilities shall be located within dedicated
drainage easements obtained from the affected property owner(s).
Document(s) shall be recorded and a copy submitted to the District prior to
recordation of the final map. If the developer cannot obtain such rights, the map
should be redesigned to eliminate the need for the easement.
164.Written Permission. Written permission shall be obtained from the affected
property owners allowing the proposed grading and/or facilities to be installed
outside of the tract boundaries. A copy of the written authorization shall be
submitted to the District for review and approval.
165.Inspection and Maintenance. Inspection and maintenance of the flood
control facility/ies to be constructed with this tract must be performed by either
the City,Engineering Department or the Flood Control District. The engineer
(owner) must request in writing that one of these agencies accept the proposed
system. The request shall note the project number, location, briefly describe
the system (sizes and lengths) and include an exhibit that shows the proposed
alignment. The request to the District shall be addressed to the General
Manager-Chief Engineer, Attn: Chief of the Planning Division.
If the District is willing to maintain the proposed facility three items must be
accomplished prior to recordation of the final map or starting construction of the
drainage facility: 1) the developer shall submit to the District the preliminary title
reports, plats and legal descriptions for all right of way to be conveyed to the
District and secure that right of way to the satisfaction of the District; 2) an
agreement with the District and any maintenance partners must be executed
50
which establishes the terms and conditions of inspection, operation and
maintenance; and 3) plans for the facility must be signed by the District's
General Manager-Chief Engineer. The plans cannot be signed prior to f
execution of the agreement. An application to draw up an agreement must be
submitted to the attention of the District's Administrative Services Section. All
right of way transfer issues must be coordinated with the District's Right of Way
Section.
The engineer/developer will need to submit proof of flood control facility bonds
and a certificate of insurance to the District's Inspection section before a pre-
construction meeting can be scheduled.
166.WQMP. A copy of the project specific WQMP shall be submitted to the District
for review and approval.
167.CC&Rs. The CC&R's for the development's Home/Property Owners
Association (HOA/POA) shall contain provisions for all privately owned
structural best management practices (BMPs) to be inspected, and if required,
cleaned no later than October 15 each year. The CC&R's shall identify the
entity that will inspect and maintain all structural BMPs within the project
boundaries. A copy of the CC&R's shall be submitted to the District for review
and approval prior to the recordation of the map.
Prior to Issuance of Grading Permit
168.CLOMR. Unless the District has already revised the Flood Insurance Rate
Map, the developer will be required to obtain a Conditional Letter of Map
Revision (CLOMR) from FEMA prior to the issuance of grading permits.
169.Improvement Plans. A copy of the improvement plans, grading plans, BMP
improvement plans and any other necessary documentation along with
supporting hydrologic and hydraulic calculations shall be submitted to the
District for review. The plans must receive District approval prior to the
issuance of grading permits. All submittals shall be date stamped by the
engineer and include a completed Flood Control Deposit Based Fee Worksheet
and the appropriate plan check fee deposit.
170.Erosion Control. Temporary erosion control measures shall be implemented
immediately following rough grading to prevent deposition of debris onto
downstream properties or drainage facilities. Plans showing these measures
shall be submitted to the District for review.
171.Offsite Drainage. Offsite drainage facilities shall be located within dedicated
drainage easements obtained from the affected property owner(s).
Document(s) shall be recorded and a copy submitted to the District prior to
recordation of the final map. If the developer cannot obtain such rights, the map
should be redesigned to eliminate the need for the easement.
172.Phases. If the tract is built in phases, each phase shall be protected from the 1
in 100 year tributary storm flows.
51
173.WQMP. A copy of the project specific WQMP shall be submitted to the District
for review and approval.
I
Prior to Issuance of Building Permit
174.CLOMR. Unless the District has already revised the Flood Insurance Rate
Map, the developer will be required to obtain a Conditional Letter of Map
Revision (CLOMR) from FEMA prior to the issuance of building permits.
175.Improvement Plans. A copy of the improvement plans, grading plans, BMP
improvement plans and any other necessary documentation along with
supporting hydrologic and hydraulic calculations shall be submitted to the
District for review. The plans must receive District approval prior to the
issuance of building permits. All submittals shall be date stamped by the
engineer and include a completed Flood Control Deposit Based Fee Worksheet
and the appropriate plan check fee deposit.
176.WQMP. A copy of the project specific WQMP shall be submitted to the District
for review and approval.
Prior to Final Inspection
177.CLOMR. A Letter of Map Revision (CLOMR) shall be obtained from FEMA for
all lots impacted by a FEMA floodplain prior to the issuance of occupancy
permits.
178.BMP Education. The developer shall distribute environmental awareness
education materials on general good housekeeping practices that contribute to
protection of stormwater quality to all initial residents. The developer may
obtain NPDES Public Educational Program materials from the District's NPDES
Section by either the District's website www.floodcontrol.co.riverside.ca.us, e-
mail fcnpdes@co.riverside.ca.us, or the toll free number 1-800-506-2555.
Please provide Project number, number of units and location of development.
Note that there is a five-day minimum processing period requested for all
orders.
The developer must provide to the District's PLAN CHECK Department a
notarized affidavit stating that the distribution of educational materials to the
tenants is assured prior to the issuance of occupancy permits. .
179.Acceptance of Facilities. The District will not release occupancy permits for
any residential lot within the map or phase within the map prior to the District's
acceptance of the drainage system for operation and maintenance.
180.BMPs Installed. All structural BMPs described in the project-specific WQMP
shall be constructed and installed in conformance with approved plans and
specifications. It shall be demonstrated that the applicant is prepared to
implement all non-structural BMPs described in the approved project specific
WQMP and that copies of the approved project-specific WQMP are available
for the future owners/occupants. The District will not release occupancy permits
for any portion of the project exceeding 80% of the total recorded residential
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lots within the map or phase within the map prior to the completion of these
tasks.
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181.BMP Inspections. The BMP maintenance plan shall contain provisions for all
treatment controlled BMPs to be inspected, and if required, cleaned no later
than October 15 each year. Required documentation shall identify the entity
that will inspect and maintain all structural BMPs within the project boundaries.
A copy of all necessary documentation shall be submitted to the District for
review and approval prior to the issuance of occupancy permits.
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Section V:
Riverside County Fire Department
Conditions of Approval
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General Conditions
182.Pavement Markers. Blue retroreflective pavement markers shall be mounted i
on private streets, public streets and driveways to indicate location of fire
hydrants. Prior to installation, placement of markers must be approved by the
Riverside County Fire Department.
183.Hydrants. Schedule A fire protection approved standard fire hydrants,
(6"x4"x2 1/2") located one at each street intersection and spaced no more than
330 feet apart in any direction, with no portion of any lot frontage more than
165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hour
duration at 20 PSI. Shall include perimeter streets at each intersection and
spaced 1,000 feet apart.
184.Fire Facilities. All fire facilities required by the project shall be dedicated to
the City of Menifee.
Prior to Final Map
185.ECS Note Gate Entrances. ECS map must be stamped by the Riverside
County Surveyor with the following note: Gate entrances shall be at least two
feet wider than the width of the traffic lanes) serving that gate. Any gate
providing access from a road to a driveway shall be located at least 35 feet
setback from the roadway and shall open to allow a vehicle to stop without
obstructing traffic on the road. here a one-way road with a single traffic lane
provides access to a gate entrance, a 38 feet turning radius shall be used.
186.ECS Note Gates. ECS map must be stamped by the Riverside County
Surveyor with the following note: Gate(s) shall be automatic minimum 20 feet in
width. Gate access shall be equipped with a rapid entry system. Plans shall be
submitted to the Fire Department for approval prior to installation.
Automatic/manual gate pins shall be rated with shear pin force, not to exceed
30' pounds. Automatic gates shall be equipped with emergency backup power.
Gates activated by the rapid entry system shall remain open until closed by the
rapid entry system.
187.ECS Note Hydrants. ECS map must be stamped by the Riverside County
Surveyor with the following note: The required water system, including fire
hydrants, shall be installed and accepted by the appropriate water agency prior
to any combustible building material placed on an individual lot.
188.Water Plans. The applicant or developer shall furnish one copy of the water
system plans to the Fire Department for review. Plans shall be signed by a
registered civil engineer, containing a Fire Department approval signature
block, and shall conform to hydrant type, location, spacing and minimum fire
flow. Once plans are signed by the local water company, the originals shall be
presented to the Fire Department for signature.
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Prior to Issuance of Building Permit
189.Water System. The required water system, including all fire hydrant(s), shall i
be installed and accepted by the appropriate water agency and the Riverside
County Fire Department prior to any combustible building material placed on an
individual lot. Contact the Riverside County Fire Department to inspect the
required fire flow, street signs, all weather surface, and all access and/or
secondary. Approved water plans must be at the job site.
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Section VI:
Riverside Countv Environmental
Health Conditions of Approval
Prior to Final Map
190. Water System. A water system shall have plans and specifications approved j
by the water company and the Department of Environmental Health.
191. Financial Arrangements. Financial arrangements (securities posted) must be
made for the water improvement plans and be approved by City Attorney.
192. Sewer System. A sewer system shall have mylar plans and specifications as
approved by the District, the City Engineering Department and the Department
of Environmental Health.
193. Annexation. Annexation proceedings must be finalized with the applicable
purveyor for sanitation service.
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Section VII:
Riverside County Environmental
Programs Department
Conditions of Approval
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Prior to Issuance of Grading Permit
194.Burrowing Owl. Pursuant to Objective 6 and Objective 7 of the Species I
Account for the Burrowing Owl included in the Western Riverside County
Multiple Species Habitat Conservation Plan, within 30 days prior to the
issuance of a grading permit, a pre-construction presence/absence survey for
the burrowing owl shall be conducted by a qualified biologist and the results of
this presence/absence survey shall be provided in writing to the Environmental
Programs Department. If it is determined that the project site is occupied by the
Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP
and the Migratory Bird Treaty Act. However, when the Burrowing Owl is
present, relocation outside of the nesting season (March 1 through August 31)
by a qualified biologist shall be required. The County Biologist shall be
consulted to determine appropriate type of relocation (active or passive) and
translocation sites. Occupation of this species on the project site may result in
the need to revise grading plans so that take of "active" nests is avoided or
alternatively, a grading permit may be issued once the species has been
actively relocated.
If the grading permit is not obtained within 30 days of the survey a new survey
shall be required.
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