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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 2 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. 3 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. 4 Section II : Planning Conditions of Approval 5 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. 6 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. 7 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. 8 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. 9 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. 10 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. 11 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. 12 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. 13 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. 14 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; 15 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; 16 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. 17 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 18 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. 19 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: 20 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. 21 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 23 (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. 24 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, 25 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. 26 i i i I 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. 27 79. Entry Monuments. Entry monuments shall be installed in accordance with the approved entry monument plans. I 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 i 28 i 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 29 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 30 approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." (Planning Condition No. 73) l 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. 31 Section III: Engineerinq/Transportation/ Grading Conditions of Approval 32 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. 33 101. 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 34 105.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 35 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. 36 114. 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. 37 122. 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 38 the parkway adjacent to the concrete box culvert, the 6' sidewalk shall be constructed adjacent to the curb. l 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. 39 127. 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 40 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. 41 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. 42 144.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. 43 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 52 lots within the map or phase within the map prior to the completion of these tasks. J 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. 53 Section V: Riverside County Fire Department Conditions of Approval 54 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. 55 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. 0 56 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. 58 Section VII: Riverside County Environmental Programs Department Conditions of Approval 59 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. 60