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09-127 Resolution No. 09-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING 2009-007 TM Quail Hill— Repke (TR 32794) Whereas, the applicant, Warren Repke, filed a formal application with the County of Riverside for a 152 single family lot subdivision located west of Goetz Road, east of Palm Road, between San Jacinto Road on the north and Avenida Robles on the south; and consisting of a Change of Zone 7051 to modify the existing zoning classification on approximately 13 acres adjacent to Goetz Road from General Residential (R-3) to One Family Dwellings (R-1) and to change approximately 18.88 acres associated with the on- site mountain and open space lot adjacent to Palm Drive (Street "D") from One Family Dwellings (R-1) to Open Area Combining Zone Residential Developments (R-5) and for Tentative Tract Map 32794; and Whereas, upon incorporation, Warren Repke, transferred his applications from the County of Riverside to the City of Menifee Whereas, City Staff carefully reviewed, considered and revised conditions developed by the County; and Whereas, on November 10, 2009, the City of Menifee Planning Commission 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 mailed notice to property owners within 300 feet of the project site boundaries; and Whereas, at the public hearing all those wishing to be heard were heard, and, after considering the staff report and asking questions, the Planning Commission added four (4) conditions with the consent of the applicant Whereas, on November 10, 2009, the City of Menifee Planning Commission recommended to the City Council of the City of Menifee approval of 2009-007 TM Quail Hill - Repke; and Whereas, on December 1, 2009, the City Council of the City of Menifee 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 mailed notice to property owners within 300 feet of the project site boundaries; and Whereas, on December 1, 2009, the City Council of the City of Menifee made the following findings for 2009-007 TR Quail Hill Repke: 1. The project site is designated Community Development: Medium Density Residential (MDR 2-5 dwelling units per acre) and Rural-Mountainous on the Sun City/Menifee Valley Area Plan and therefore the development is consistent with this location. 2. The project proposes modifying the boundaries between the Medium Density Residential and the Rural—Rural Mountainous designation on approximately 3 acres to more closely relate to the topographic features on the project site. Therefore this project is consistent with the General Plan. Resolution 09-127 Quail Hill Approval 2009-007 3. The project site is surrounded by properties which are designated Community Development: Low Density Residential (LDR '/2 -1 acre minimums) and Medium Density Residential (MDR 2-5 dwelling units per acre) to the north. Community Development: Medium Density Residential (MDR 2-5 dwelling units per acre) and Commercial Retail (CR) to the south. Community Development: Low Density Residential (LDR '/2 -1 acre minimums), Medium Density Residential (MDR 2-5 dwelling units per acre) and Commercial Retail (CR) to east and Community Development: Medium Density Residential (MDR 2-5 dwelling units per acre) and Commercial Retail (CR) to the west. Therefore this project is compatible with the surrounding land uses designations 4. The proposed zoning for the subject site is One Family Dwellings (R-1) and Open Area Combining Zone Residential Developments (R-5). Therefore this project is consistent with the Zoning Designations 5. The proposed tentative tract is consistent with the development standards set forth in the One Family Dwellings (R-1) zone. 6. The project site is surrounded by properties which are zoned Multiple-Family Dwellings (R-2) to the north, Residential Agricultural — 10 acre minimum (R-A-10) to the south, One Family Dwellings (R-1) to the east and beyond Interstate 215 to the west, and Scenic Highway Commercial (C-P-S) to the northwest. Therefore this project is compatible with the surrounding Zoning designations. 7. This project is not located within a Criteria Area of the Multi-Species Habitat Conservation Plan. Therefore this project is compatible with the Multi-Species Habitat Conservation Plan. 8. 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. 2. The Mitigated Negative Declaration is adopted and Staff is directed to file the Notice of Determination. 3. 2009-0007 TM 2009-007 is hereby approved and is subject to the Conditions of Approval in Exhibit "A" to this Resolution the City Council. 2 Resolution 09-127 Quail Hill Approval 2009-007 PASSED, APPROVED AND ADOPTED this the 1st day of December, 2009, by the following vote: n AYES: n7 Y r NOESIWQd , ABSENT:VM— ABSTAIN: Wallace W Edgerto ayor Attest: ,�— Kathgn- City Clerk 3 Exhibit CITYCITY 0 CONDITIONS OF APPROVAL 2009 007 TM Quail Hill Repke (TR32794 italicized conditions No. 34, 36, 40 and 41 were added at the November 10, 2009 Planning commission Meeting GENERAL CONDITIONS 1. Approved Project The land division hereby permitted is for a Schedule A subdivision of 64.3 gross acres for 15 single family lots with 2 open space lots. a property owner's 2. Maintenance of Parks and Landscaping and Landscape All parks, landscaping and similar improvements not maintained by P p Y property owner must be annexed into of IMeni ee association or individual prop Y Maintenance District, or other mechanism as determined by the City 3, Park Dedication parkland and park improvements shall be made orl paid to the City eof Menifee.r Park fees or dedication for 4. Street Sweeping the Cit Engineer. 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 Y 5. Fire Facility Dedications All fire facilities required by the project shall be dedicated to the City of Menifee. grading plans, improvement plans, etc., shall include a g, Conditions in Construction Drawings the cover sheet of such Any submittal of construction drawing ,(9 full) immediately following copy of these conditions of app plans. 7, 90 Days. s from the date of approval of these conditions to protest, in The project developer has procedures day imposed on this project as a accordance with the dedications, eservatitons and/or other xactionscimp 86020, the imposition o any and all fit conditional approval of this project. result of this approval or B. Newly Incorporated City procedures,0 processing and development impact fee The City of Menifee is a new City incorporated on October 1, 2008; the City is studying an adopting its own ordinances, regulations, provided. The City also will identify and fund 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 p mitigation measure under CEQA through development impact fees. Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) planning Commission November 10,2009 processing fees for the costs of providing planning Such fees may include but are not limited to lications are submitted, which fees are designed to services when development entitlement app 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 er agrees to petition for formation of, annexation to or inclusion in any development, Develop the cost of such formation, annexation or inclusion. such financing district and to pay fees and The developer acknowledges the is on nine effect at thertime the ce of the curentIfeemunderstands condit on must be met as that such fees will apply specified herein. -(applicant initials) 9. Indemnification The developer/applicant shall indemnify, protect, defend, and hold harmless, the City an County and any agency or instrumentality thereof, and/or any of its officers, employees and , actions, mnds, and agents (collectively the "City and County") from any and allica t'ssperformance o afailure to liabilities arising or alleged to arise as the result of the app i royal thereof, or from any perform under this Tentative Map or the City's and County's app r brought against the City or County, or any agency or instrumentality proceedings against o thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek ny or monetary damages resulting from an action ebboard City leor Coenbodyrin lud'mgeactions instrumentality thereof, advisory agency, appa approved by the voters of the City, concerning Change of Zone 7051 and 2009-007 TM Quail Hill Repke (TR32794). 10. Subject to Conditions Improvement such as grading, ailing, over excavaon and re subject to the included EngineerDepartment conditions ction, and base or paving which require a grading permit of approval. 11. Grading regulations All grading shall conform to the California Building Code, Ordinance 457, and all other relevant laws, rules and regulations governing grading in Riverside County cant ha prior toobtaina grading commencingmit any grading which includes 50 or more cubic yards, the app from the Engineering Department. 12. Grading Permit Needed grubbing or any top soil disturbances Ordinance 457 requires a grading permit prior to clearing, g 9 related to construction grading. U. Minimum Drainage Grade Minimum drainage grade shall be 1% except on portland cement concrete where 0.50% shat be the minimum. 14. Drainage and Terracing Provide All V d tcfacilities hes shall beatan colored concrete to match the adjacent in conformance with the ee Grading Ordinance. soil 2 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) planning Commission November 10,2009 15. Slope Setbacks Observe slope setbacks from buildings and property lines per the Menifee Grading Ordinance 16. Blue Dot Reflectors Blue retro-reflective pavement markers shall be mounted on private streets, public streets an driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. V. Hydrant Spacing Schedule Afire 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 mum fire e I hour duration gat 20 PSI. She more than all include perimeter streets 5 feet from a hydrant. lat each intersection low lband spaced 660 0 GPM for 2 feet apart. 18. Deep Excavations Storm Drain Requirements a) While the geotechnical report concludes that the deep excavation for the storm drain can be accomplished with open cut trenches, it also implies that tunneling or jack boring may be required. b) The major storm drain for this project shall be a minimum of 36-inches in diameter. c) The slope of the storm drain for that reach conveying flows from the northern portion to the southern portion shall be no less than 0.005 ftlft. d) A manhole shaft invert of the storm safety et nl is greater than required 20-feet.the shaft depth from the rim to the 19. Relocation of Inlet The storm drain inlet in the vicinity of Lots 149 - 150 shall be relocated adjacent to "A" Street. This may result in the elimination of a lot or modification to the adjacent lots so these lots do not encroach into the natural flood plain of the tributary flows. Maintenance access to the inlet shall be provided. 20. Storm Flow The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall e 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. 21.Sump Outlet be designed to Drain fgfacilities cAdditionald ileme sump o cape shall allbe provided. llsoconvey the tributary 1 year stormlo 22. Map Drainage Patterns The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained from the affected of the record d drainage owners for the release of concentrated or easement shall be submitted to the District property forrstorm flows. A copy review. 3 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 23. Maintenance Notice mentation lhhin t e The ltlrecord i subdivisonhat heowers ofindv dal los rrespnsble forr the maintenance of e drainage facility within the drainage easements shown on the final map. 24. Major Flood Control Facilities pro posed. These shall be designed and constructed to Major flood control facilities are being p ose related to a altpl c ntshall consult he District early in the design process regarding linment and access to both nmater a s,hydraul hydraulic p design, and transfer of rights of way. 25. Energy Dissipater Energy Dissipators, such as rip-rap, shall be installed at the outlet facility.ined il storm drain system tha discharges runoff des geed to m fll ws i l the amountf eroseon downstreanl or an chanlmaof the storm drain doutlet tors shall 26.Trash Racks nstalled at all inlet structures that collect runoff from open areas with Trash Racks shall be i potential for large, floatable debris. 27. Human Remains encountered, State Health and Safety Code Section 7050.5 states that If human remains areside findings further is orbancFurtheshallropursuanccur lt to Public cl the rResourrcetCode Sections5097.98(b) remains ry cision as to the treatment and nd d from disturbance until a all b left in been made freplace aeif the Riverside County Colroneredetermines the remains to be Native American Heritage Commission shall be contacted within a Native American, the reasonable mostmmendatons likely descendant." The mot likelytdesc descendant shall then makenreco the ,-most and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. 28. Inadvertent Archaeological Find If during ground disturbance activities, unique cultural resources are discovered that were not mental conducted environ assessed by the the arfollchaeological procedures nd/shaolrbe followed. Unique cultprior to cultural resources are project app defined, for this condition, as being multiple artifacts in close association with each other, but is sacred ordcultu rlri imfacts if portance.et 1e All grouharea ofnd disturbance ractivties within to be of s100ficance feet of the to its discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Native American tribal representativesi nid the Planni the Director to discuss the significance of the find. 2. At the meeting, 9 discussed and after consultation with the Native American tribal discoveries shall beecision shall he representative and the archaeologist, admitigat on (do omen ation, recovery, avoidance,e of etc Planning Director, as to the appropriatero riate area of theudiscovery until an agreeng of ment haser ground been reach d by all parties as to the appropriate the mitigation. 4 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10,2009 PRIOR TO FINAL MAP 29.Street Dedication Developer shall dedicate and improve Streets A through J and Palm Drive, to the Local Street Standard (56' ROW, 36' curb to curb). All streets within the project shall be dedicated and improved to their full width, as approved by the City Engineer. Johnson Lane, and San Jacinto Road shall be dedicated and improved to the satisfaction of the City Engineer. Developer shall dedicate and improve Goetz Road to General Plan width for Arterial Mountain Highway (110' ROW,o ect frontage, Dedication wi h sufficient taper lengths as provemenapproved by the City to Goetz Road ll be full half width along p j Engineer. 30. Securities Developer shall improve, or secure construction of, all public facilities, by entering into an agreement for construction of public improvements. This Agreement shall include providing securities as required by the City Engineer and of a form approved by the City Attorney. 31. Design of Public Improvements Developer shall design all public improvements, including off site improvements, prior to recordation of any final map. If the project is phased, all public improvements within that phase and all improvements that the City Engineer deems appropriate to support that phase shall be included in the design for that phase. 32. EMWD Approval val from EMWD for the installation of all water and Developer shall design and secure appro sewer facilities needed to serve the subdivision. Design for all water and sewer facilities shall be completed prior to map recordation. 33. Easements All easements necessary for the installation and maintenance of any public facilities shall be granted, to the satisfaction of the City Engineer. 34. Public Access Easement A Public Access Easement shall be granted, to the satisfaction of the City Engineer, to allow public access to and public use of Lot B. 35. Financial Arrangements Financial arrangements (securities posted) must be made for the water improvement plans and be approved by the City Attorney. 36. Sewer Sizingistrict regarding City and Developer shall work with proposed Goetz Road sewer trunk line to thtern is project to servunicipal Watereother portions of Quail Valley- the all y.e 37. Sewer Plan A sewer system shall have mylar plans and specifications as approved by Eastern Municipal Water District and the Department of Environmental Health. 5 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) planning Commission November 10, 2009 38.Annexation Finalized Annexation proceedings must be finalized with the applicable purveyor for sanitation service. 39. Environmental Constraint Sheet/Hazardous Fire Area Environmental Constraint Sheet map must be stamped by the City Engineer with the following note: The land division is located in the "Hazardous Fire Area of Riverside County as shown on a map on file with the City Clerk. Any building constructed on lots created by this land division shall comply with the special construction provisions contained in Riverside County Ordinance 787.2. 40. CC&R's The developer shall submit to the Planning Department for the City Attorney to review and approve 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 stamped 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 City Attorney for review and approval. 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 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: 6 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 "Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: The property owners'association established herein shall manage and continuously maintain the 'common area, more particularly described as Lot A and Lot B, 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. 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 de- annexed there from absent the prior written consent of the Community Development Director of the City of Menifee. 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 City Engineering Division - for safe keeping until the final map is ready for recordation. The City Engineering Division - shall record the original declaration of covenants, conditions and restrictions in conjunction with the recordation of the final map. 41. Dark Sky Ordinance. The following Note Shall be placed on the Environmental Constraint Sheet (ECS): 'This property is subject to lighting restrictions as required by the "Menifee Municipal Code chapter 6.01, the 'Dark Sky Ordinance,'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 the Dark Sky Ordinance." 7 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 42. Roofing Material Environmental Constraint Sheet map must be stamped by the City Engineer with the following note: All buildings shall be constructed with class "A" material as per the California Building Code. 43. Fuel Modification Environmental Constraint Sheet map must be stamped by the City Engineer with the following note: Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following items: a) Fuel modification to reduce fire loading. b) Appropriate fire breaks according to fuel load, slope and terrain. c) Non flammable walls along common boundaries between rear yards and open space. d) Emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500'. e) A homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within the open space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE ALL HAVE CONCURRENCE DEPARTMENT FUEL REQUIREMENT, SH WITH THE RESPONS BLLEIFICATION WILDLIFFE AND/OR OTHER CONSERVATION AGENCY. 44.Water Plans (Fire) of the water system plans to the Fire The applicant or developer shall furnish one copy 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. 45. Prior to Combustible Building Material Environmental Constraint Sheet map must be stamped by the City Engineer with the following note: The required water ert, including combustible building materials placed on an ed and individual lot epted by the appropriate water agency prior 46. Secondary Access In the interest of Public Safety, the project shall provide an Alternate or Secondary Access(s). Said Alternate or Secondary Access(s) shall have concurrence and approval of both the Transportation Department and the Riverside County Fire Department. 47. Submit 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 ic ns shall be submitted to the ty for review. submittals shall be date stamped lby the engiappropriatelengineer and include the plan check fee deposit. 48. Drainage Easements 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". 49. Offsite Drainage Facilities 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 City 8 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 veloper be redeprior to signed ti eliminate final needlf t he de the easementannot obtain such rights, the map should 50.Written Permission for Grading Written permission shall be obtained from the affected property owners allowing the written ed grading and/or facilities to be installed outside of the tract boundaries. A copy authorization shall be submitted to the City for review and approval. 51. Inspection and Maintenance of Flood Control Facility Inspection and maintenance of the flood control facility/ies to be constructed with this tract must be performed by either the City 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 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- hie Engaw in er aghe Te plant ns cannot t be submbe itted ed prior to execution of the agreement. An app licationto the attention of the District's Administrative Services Section. All right e way transfer issues n. The enginerldevelopertyill need must be coordinated with the District's Right of Way Sectio 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. 52. Landscape and Lighting District the maintenance of a and Lighting District The landscaping, streetlights, traffic signals and appropriate drainage facilities,rto the satisfaction of nnex into the LandscaP landscaping, the City Engineer 53.Trail Easementlicant shall offer for Prior to or in conjunction with the recordation of the final map, the app dedication to the City of Menifee an easement for trails purposes. This easement shall be as Goetz Road in shown on thapproved trails plan. the Sun City/Menifee ll sho Area Plahn easement on the west side of ce PRIOR TO ISSUANCE OF GRADING PERMIT 54. Final Mapermit is being requested, A final map shall be recorded for the project in which a grading p prior to any grading permit being issued. 55. Drainage Facilities and Final Street Grades roved by the City Engineer, All drainage facilities shall be designed and final street grades app prior to grading permit issuance. 9 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10,2009 56. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant 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 80.11 acres (gross) in accordance with APPROVED EXHIBIT NO. A. 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. t subsequent mitigation gaon fee ordinance, payment of he appropriate63 be superseded set forth n that equordinance ance shall be required. 57. Fees. Prior to the issuance of grading permits for 2009-0007 TM Quail Hill Repke, the Planning Department shall determine the status of the deposit based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. 58.Securities Securities guaranteeing the installation of all grading, drainage, and erosion control improvements shown on the approved Grading Plans, shall be provided prior to a permit being issued. Guarantees shall be as required by the City of Menifee Grading Ordinance, and the City Engineer. 59. Regional Water Quality Control Board All requirements of the RWQCB for compliance with NPDES regulations or other water quality standards shall be complied with. 60. Grading Bonds Grading in excess of 199 cubic yards will require performance security to be posted with the Engineering Department. Single Family Dwelling units graded one lot per permit and proposing to grade less than 5,000 cubic yards are exempt. 61. Mitigation Monitoring The permittee shall prepare and submit a written report to the Planning Director demonstrating compliance with those conditions of approval and mitigation measures of this project and Environmental Assessment 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 62. Fugitive Dust The project developer shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The project developer shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a) Use watering to control dust generation during demolition of structures or break- up of pavement. The construction area and vicinity (500-foot radius) must be 10 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) planning Commission November 10, 2009 swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50 percent; b) Water active grading/excavation sites and unpaved surfaces at least three times daily; c) All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d) Site access points must be swept/washed within thirty minutes of visible dirt deposition; e) Sweep daily (w/water sweepers) all paved parking areas and staging areas; f) Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g) Cover stockpiles with tarps or apply non-toxic chemical soil binders; h) All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard; i) All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j) Install wind breaks at the windward sides of construction areas; k) Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; 1) Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust; m) All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; n) All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o) Traffic speeds on unpaved roads must be limited to 15 miles per hour; p) Provide daily clean-up of mud and dirt carried onto paved streets from the site; 11 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 q) Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r) All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s) Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and t) An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. 63. Slope Erosion Control Plans 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. 64. Geotechnical Soils Report Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the Engineering 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 Engineering Department tThhe RIVERSIDE (/soils, compaction and inspection reports will be reviewed COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OFaccordance with GEOTECHNICAL AND GEOLOGIC REPORTS. 65. Drainage Design All grading and drainage shall be designed in accordance with Riverside County Flood Control &Water 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. Additionally, the Engineering 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 and Water Conservation District. 66. offsite Grading Responsibility 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. 67. NPDES/SWPPP Prior to issuance of any grading or construction permits -whichever comes first-the applicant shall provide the Engineering 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 12 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 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 City adopts, as part of any ordinance, regulations specific to the N.P.D.E.S., this project (or subdivision) shall comply with them. 68. Import/Export of Material 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 Engineering 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 Public Works 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. 69. Required Easement A recorded easement is required for offsite drainage facilities. 70. Drainage Easement A recorded drainage easement is required for lot-to-lot drainage. The lot-to-lot drainage easement is to be maintained by the HOA or professional group. 71. Fuel Modification Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following items: a) fuel modification to reduce fire loading b) appropriate fire breaks according to fuel load, slope and terrain. c) non flammable walls along common boundaries between rear yards and open space. d) emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500 feet e) a homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within open space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVE CONCURRENCE WITH THE RESPONBILE WILDLIFE AND/OR OTHER CONSERVATION AGENCY. 72. Plan Submittals 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 City for review. The plans must receive City approval prior to the issuance of grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check fee deposit. 73. Temporary 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 City for review. 13 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 74. Encroachment Permit An encroachment permit shall be obtained for any work within the District right of way or with District facilities. The encroachment permit application shall be processed and approved concurrently with the improvement plans. 75. Map Phasing If the tract is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows. 76. Filtration Impervious areas shall be graded or constructed to drain to a filtration BMP or equally effective alternative. Filtration BMPs can be found in the attachment to Supplement A, "Selection and Design of Stormwater Quality Controls". 77. Trail Plan Prior to the issuance of any grading permits, the applicant shall submit a trails plan to the Planning Department for review and approval. This trails plan shall show the trail with all topography, grading, fencing, cross sections, signage program, street crossings and under crossings and landscaping. 78. Burrowing Owl Pursuant to Objective 6 of the Species 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 County Biologist. If it is determined that the project site is occupied by the Burrowing Owl, take of"active" nests shall be avoided. However, when the Burrowing Owl is present, active relocation outside of the nesting season (March 1 through August 15) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate 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. PRIOR TO ISSUANCE OF BUILDING PERMIT 79. Street Improvements Street improvements serving the lots for which building permits are being sought shall be installed, to the satisfaction of the City Engineer. 80.Water Lines All water lines and fire hydrants shall be installed to the satisfaction of the City Engineer and the Fire Marshall. 81. Sewer Facilities All sewer facilities required to serve the lots being permitted shall be completed to the satisfaction of the City Engineer and EMWD. 14 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 82. Erosion Control All grading, drainage and erosion control facilities shall be installed, to the satisfaction of the City Engineer. 83. Undergrounding of Utilities All electric and communication facilities shall be installed underground within the boundaries of the subdivision and on the abutting roads, with the exception of Palm Drive. 84. Grading Permit Prior to issuance of any building permit, the property owner shall obtain a grading permit and/or approval to construct from the Grading Division of the Engineering Department. 85. Landscape Plans The land divider/permit holder shall file seven (7) 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 County 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, Sections 19.300 through 19.304., and the TENTATIVE MAP conditions of approval. The plan shall show all common open space areas. 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. 5. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 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 15 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 possible. (BMP S3) 11. All landscaping shall be in substantial conformance with the landscaping plan of the SMALL LOT DEVELOPMENT PLAN and the SPECIFIC PLAN design guidelines. NOTES: The Landscape plot plan my 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 Engineering Department and Planning Department. 86.Walls and Fences The land divider/permit holder shall file seven (7) 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 County 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. 1. 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. 2. 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. NOTE: The requirements of this plot plan may be incorprorated with any minor plot plan required by the conditions of approval for this subdivision. However, this WALL/FENCING PLAN condition of approval shall be cleared individually. 87. Monument Entry 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 County 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, 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. 88. Model Home Complex A plot plan application shall be submitted to 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. 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 16 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10,2009 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. 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. 89. Concrete Driveway The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 90. Front Yard Landscaping All front yards shall be provided with landscaping and automatic irrigation, as defined by County Ordinance No. 348. 91.Acoustical Study The land divider/permit holder shall cause an acoustical study to be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce the irst and second story ambient interior and exterior levels to 45 Ldn and 65 Ldn, respectively. The study shall be submitted, along with the appropriate fee, to the County Environmental Health Department - Industrial Hygiene Division for review and approval. The approved mitigation measures, if any, shall be forwarded from the Environmental Health Department to the County Department of Building and Safety and the City of Mneifee Planning Department for implementation into the final building plans. The acoustic study shall be in substantial conformance with the acoustic study prepared with the TENTATIVE MAP review. 92.Tract Water Verification The required water system, including all fire hydrant(s), shall 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. 93. Plan Submittal 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 City for review. The plans must receive City approval prior to the issuance of building permits. All submittals shall be date stamped by the engineer and include the appropriate plan check fee deposit. PRIOR TO FINAL INSPECTION 94. 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 17 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 height shall be planted with additional shrubs or trees as approved by the Engineering Department's Erosion Control Specialist. 95. Finished Grade and Drainage 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 1 112 inches deeper than the adjacent finish grade at the foundation. 96. No Occupancy No occupancy of Lots 112 - 152 shall be permitted until the storm drain serving this portion of the site is functional. Should installation of this storm drain become infeasible, lot density in this area of the development would need to be decreased and the tract would have to be substantially redesigned. This would almost certainly require that the project go back through the tentative approval process. 97. 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.rcflood.org, 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 City'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. 98. Trail Construction Prior to the issuance of the 80th building permit, the applicant shall build the trail as shown on the approved trails plan. The applicant shall arrange for an inspection of the constructed trail with the Riverside County Regional Park and Open-Space District. 99. 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 Riverside County Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Riverside County 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 Riverside County Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 18 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 100. Open Space 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 Riverside County Ordinance No. 810, which requires payment of the appropriate fee set forth in the Ordinance. Riverside County 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 Riverside County Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Riverside County 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. 101. TUMF Fees 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. 824. 102. Erosion Control All grading, drainage and erosion control devices shall be installed and inspected prior to occupancy The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Date Name (please print) Title (please print) 19 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission October 13, 2009 The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. 4 Signed Date WAPZIREQ NO"6 F- Name (please print) Title (please print)