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09-93 Resolution 09-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING EXTENSION OF TIME NO. 2009-36 FOR THE SECOND ONE-YEAR EXTENSION FOR TENTATIVE TRACT MAP NO. 30142 FOR THE HIDDEN HILLS PROJECT Whereas, on February 12, 2002, Millennium Properties of the West, LLC, the applicant, acting on behalf of KB Home, filed a formal planning application with Riverside County for Environmental Assessment No. 38598, Change of Zone No. 6670 (to amend the Zoning Map designation from "Residential Agriculture—R-A-1, one acre minimum" to "One Family Dwellings— R-1") , and Tentative Tract Map No. 30142 to develop approximately 166.02 acres at the southeast corner of Murrieta Road and Craig Avenue with approximately 537 single-family detached homes on a minimum lot size of 7,200 square feet; and Whereas, on June 2, 2002, the Riverside County Transportation and Land Management Agency filed a Notice of Preparation (NOP) of Draft Environmental Impact Report with the State Clearinghouse, which afforded agencies and the public with the opportunity to comment on the NOP and Environmental Assessment No. 38598 for a period of 30 calendar days; and Whereas, on November 4, 2002, the applicant and the County Planning Director agreed to: (1) reduce the number of units from 537 to 524 units; and (2) increase the total park acreage to over 6.0 acres; and Whereas, between August 12, 2003 and September 30, 2003, the State- mandated 45-day public review period for Environmental Impact Report No. 445 (the Draft EIR, which incorporated Environmental Assessment No. 38598) took effect; and Whereas, on January 14, 2004, the Riverside County Planning Commission held a duly noticed public hearing on Environmental Impact Report No. 445, Change of Zone No. 6670 (to amend the Zoning Map designation from "Residential Agriculture— R-A-1, one acre minimum" to "One Family Dwellings— R-1"), and Tentative Tract Map No. 30142 to develop approximately 166.02 acres at the southeast corner of Murrieta Road and Craig Avenue with approximately 524 single-family detached homes and at the meeting the Riverside County Planning Commission continued the public hearing; and Whereas, on April 21, 2004, the Riverside County Planning Commission held a second duly noticed public hearing on Environmental Impact Report No. 445, Change of Zone No. 6670 (to amend the Zoning Map designation from "Residential Agriculture— R- A-1, one acre minimum".to "One Family Dwellings— R-1"), and Tentative Tract Map No. 30142 to develop approximately 166.02 acres at the southeast corner of Murrieta Road and Craig Avenue with approximately 524 single-family detached homes and at the meeting the Riverside County Planning Commission unanimously denied Change of Zone No. 6670 and unanimously denied Tentative Tract Map No. 30142; and Whereas, on April 22, 2004, Millennium Properties of the West, LLC, acting on behalf of KB Coastal, filed an appeal with Riverside County of the April 21, 2004 Planning Commission denials; and Whereas, on June 8, 2004, the Riverside County Board of Supervisors held a duly noticed public hearing on Environmental Impact Report No. 445, Change of Zone No. 6670 (to amend the Zoning Map designation from "Residential Agriculture— R-A-1, Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 one acre minimum" to "One Family Dwellings— R-1"), and Tentative Tract Map No. 30142 for the development of: 523 single-family homes on 166.2 acres (409 lots having a minimum lot size of 7,200 square-feet and 114 lots having a minimum lot size of 6,000 square-feet); one 5.3 acre park lot; one 3.9 acre open space hillside lot; three detention basin lots totaling two acres; and ten open space lots totaling 11.6 acres, and at the meeting the Riverside County Board of Supervisors upheld the appeal and tentatively approved Environmental Impact Report No. 445 and Tentative Tract Map No. 30142 and introduced an ordinance that approved Change of Zone No. 6670; and Whereas, on October 26, 2004, the Riverside County Board of Supervisors, as part of the Policy Calendar: 1. Adopted Resolution No. 2004-408 that: (a) Certified Environmental Impact Report No. 445; and (b) Approved Tentative Tract Map No. 30142 (valid through June 8, 2007), for the development of: (i) 523 single-family homes on 166.2 acres (409 lots having a minimum lot size of 7,200 square-feet and 114 lots having a minimum lot size of 6,000 square-feet); (ii) One 5.3 acre improved park lot; (iii) Ten open space/regional trail/paseo lots; and (iv) Three storm drain/flood control swale lots. 2. Approved Change of Zone No. 6670 to amend the Zoning Map from "Residential Agriculture— R-A-1, one acre minimum" to: (1) "One Family Dwellings — R- 1"; (2) "Planned Residential (R-4); and (3) "Open Area Combining Zone-Residential Developments (R-5)"; and Whereas, on November 14, 2007, the Riverside County Planning Commission approved the first one-year Extension of Time for Tentative Tract Map No. 30142 (in compliance with Ordinance No. 460 and the California Subdivision Map Act, which both allow up to five one-year extensions), which extension was valid through June 8, 2008; and Whereas, on December 4, 2007, the Riverside County Board of Supervisors received and filed the November 17, 2007 Planning Commission approval of the first Extension of Time for Tentative Tract Map No. 30142; and Whereas, on May 14, 2008, KB Home Coastal filed an application with Riverside County for a second one-year Extension of Time for Tentative Tract Map No. 30142 to extend the map through June 8, 2009, which application automatically extended Tract Map No. 30142 for sixty calendar days from its expiration date through August 7, 2008 (per section 66452.6(e) of the California Subdivision Map Act); and Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 Whereas, on July 15, 2008, California Senate Bill 1185 was signed into law, which added sections 66452.11 through 66452.13 to the Subdivision Map Act (California Government Code) by automatically extending the life of any tentative tract map, vesting tentative tract map, or tentative parcel map for one additional year, if the map approval had not expired by July 15, 2008 but would expire before January 1, 2011; and Whereas, since Tentative Tract Map No. 30142 had not expired by July 15, 2008, because it was automatically extended 60 days through August 7, 2008 with the application of extension, and since Tentative Tract Map No. 30142 would have expired by January 1, 2011, Tentative Tract Map No. 30142 fell within the parameters of SB 1185 and was automatically extended for one year, through August 7, 2009; and Whereas, on October 1, 2008, the City of Menifee incorporated and then became the local government authority for the project area; and Whereas, on December 16, 2008, the City of Menifee City Council, as part of their Consent Calendar, approved Unit Phasing Map Nos. 624, 625 and 626 for Phase 1, Phase 2 and Phase 3, respectively, of Tentative Tract Map. No. 30142, for a total of 511 residential lots and related public improvement lots, as follows: 1. Tract Map No. 30142-1 = Phase 1, which is the 114 residential lots on the east side of Evans Road, minimum lot size of 7,200 square-feet. 2. Tract Map No. 30142-2 = Phase 2, which is the 195 residential lots on the west side of Evans Road, adjacent to Craig Avenue, minimum lot size of 7,200 square- feet. 3. Tract Map No. 30142 = Phase 3, which is the 202 residential lots on the west side of Evans Road, south of Tract Map. No. 30142-2, minimum lot size of 7,200 square-feet for 88 of the lots and minimum lot size of 6,000 square-feet for 114 of the lots. Whereas, on June 16, 2009, the City of Menifee City Council, as part of their Consent Calendar, considered Planning Application No. 2009-36 for the second one- year extension for Tentative Tract Map No. 30142 (in compliance with Ordinance No. 460 and the California Subdivision Map Act, which both allow up to five one-year extensions) and considered materials in the staff report and accompanying documents; and Whereas, environmental review of the requested extension is not required, because the County of Riverside-approved Tentative Tract Map No. 30142 received approval of a Environmental Impact Report No. 445 on June 8, 2004, which analyzed and mitigated all potential environmental impacts from the development of the project and the EIR was reviewed in light of the additional conditions (set forth in the staff report and incorporated into the attached Conditions of Approval) and it was determined that there was no need for additional environmental review. NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as follows: Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 1. The Findings set out above are true and correct. 2. Planning Application No. 2009-36 is approved, as follows: (a) The second one-year extension for Tentative Tract Map No. 30142 is approved and valid through August 7, 2010; and (b) The Conditions of Approval set forth in Exhibit A to this resolution are approved as part of the second time extension for Tentative Tract Map No. 30142; and (c) The Conditions of Approval set forth in Exhibit A have been modified and added to for the public health, safety and welfare of the City of Menifee; and (d) The Conditions of Approval set forth in Exhibit A supersede all previous conditions of approval placed on Tentative Tract Map No, 30142 and all previous conditions of approval are rendered null and void; and (e) The Conditions of Approval set forth in Exhibit A have been agreed to by an authorized representative of KB Home, as indicated by the signature at the end of the Conditions of Approval . PASSED, APPROVED AND ADOPTED this 16th day of June, 2009, by the following vote: AYES:( NOES: ABSENT: AA.) ABSTAIN: u2 Wallace W. Edgerton, May r Attest: ±&LM94± Kathy Bennett, City Clerk Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 EXHIBIT "A" CONDITIONS OF APPROVAL CITY OF MENIFEE GENERAL CONDITIONS FOR ALL PHASES 1. Approved Project. The land division hereby permitted is for a Schedule A subdivision of 166.2 acres for 511 single family lots , a t5.3 acre improved park and several drainage lots. The following numbering and phasing is used throughout these conditions of approval: (a) Tract Map No. 30142-1 = Phase 1, which is the 114 residential lots on the east side of Evans Road, minimum lot size of 7,200 square-feet. (b) Tract Map No. 30142-2 = Phase 2, which is the 195 residential lots on the west side of Evans Road, adjacent to Craig Avenue, minimum lot size of 7,200 square-feet. (c) Tract Map No. 30142 = Phase 3, which is the 202 residential lots on the west side of Evans Road, south of Tract Map. No. 30142-2, minimum lot size of 7,200 square-feet for 88 of the lots and minimum lot size of 6,000 square-feet for 114 of the lots. (County— 10.Every.002) 2. Ordinance No. 460 Compliance. The t5.3 acre public park and related improvements (as discussed in these conditions) satisfies the public open space requirements of Ordinance No. 460, section 10.35. (County—50.Planning.008, as modified by City) 3. Expiration of Approved Project. Tentative Tract Map No. 30142 is valid through August 7, 2010. This is the second one-year extension of the map. The applicant may apply for up to three additional one-year extensions, per Ordinance No. 460 and the Subdivision Map Act, unless allowed extensions or mandatory extensions are otherwise amended by Ordinance No. 460 or the Subdivision Map Act. (County- 20.Planning.002, modified by City) 4. Previous Conditions of Approval. These Conditions of Approval supersede all previous conditions of approval placed on Tentative Tract Map No. 30142 and all previous conditions of approval are rendered null and void. (City) 5. Conditions in Construction Drawings. Any submittal of construction drawings, grading plans, improvement plans, etc., shall include a copy of these conditions of approval (in full) immediately following the cover sheet of such plans. (City) 6. 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 Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 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. 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. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. (City) 7. 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 Tentative Tract Map No. 30142 and Environmental Impact Report No. 445, Change of Zone No. 6670. (City) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 CITY OF MENIFEE PLANNING DIVISION 951-672-6777 General Conditions for Each Phase 8. Approved Plans. The project shall be developed in substantial conformance with the plans, colors, and materials approved by the Riverside County Board of Supervisors on June 8, 2004, and as approved and amended by the Menifee City Council on December 16, 2008 for the approved Phasing of the tract map, and as amended by these conditions. Any deviation shall require the appropriate Planning Division review and approval in advance of implementation. (City) 9. Zoning Compliance. The project shall conform to the"One Family Dwellings — R- 1", "Planned Residential - R-4" and "Open Area Combining Zone-Residential Developments — R-5" zoning districts, as applicable. (City) 10. Zoning Design Standards. The design standards for the subject parcels are as follows: (a) The front yard setback is 20 feet; (b) The side yard setback is 5 feet; (c) The street side yard setback is 10 feet; (d) 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; (e) The minimum average width of each lot is 65 feet and 50 feet; (f) The maximum height of any building is 40 feet; (g) No more than 50% of the lot shall be covered by structure; (h) 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; and (i) Except as allowed by Ordinance No. 348, there shall be no encroachment into the setbacks. (County— 10.Planning.009) 11. General Maintenance Responsibility. The land divider, or any successor-in- interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 such time as those operations are the responsibility of the individual home owners, a homeowners association, or any other successor-in-interest. (County— 10.Planning.004) 12. Signs Not Approved. Signage is not a part of this approval. A comprehensive sign program shall be submitted for Planning Division review and administrative approval prior to the installation of any business signs at the project site. 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. (County— 10.Planning.008, as modified by City) 13. Countywide Design Guidelines. The land divider shall comply with the "Countywide Design Standards & Guidelines, County of Riverside", adopted by the Riverside County Board of Supervisors, January 13, 2004, as adopted by the City or as otherwise provided in these conditions. (County— 10.Planning.020) Prior to Final Map Recordation for Phase 1 14. Future City Owned Property Conveyance. The developer shall convey to the City, through an executed Development Agreement (DA), its five parcels totaling ±20.18 gross vacant acres at the combined.northeast and southeast corners of Evans Road and Craig Road. The area is currently identified as Assessor Parcel Nos: (a) 360-170-004 = 2.54 gross acres (b) 360-170-005 = 2.50 gross acres (c) 360-170-006 = 5.04 gross acres (d) 360-190-001 = 5.05 gross acres (e) 360-190-002 = 5.05 gross acres 20.18 gross acres total The Development Impact Fee (DIF) credit in exchange for the land conveyance shall be as agreed upon between the developer and the City, which is that the developer shall receive an 80 percent credit of the Area 17 DIF fees (calculated after payment of the County public facilities fee(s)). Specifically, the calculation shall be as follows: ((total Area 17 DIF fees-the developer's payment of the County public facilities fees)x 0.80)_ total credit to developer The DIF credit shall be for Tract Map No. 30142 and its related phases. The DIF fees in effect for Area 17 shall be protected by the DA from being increased for a period of five years from the date of the City Council's approval of the DA. Tract Map No. 30142 shall also be protected by the DA from any and all new Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 development fees adopted by the City for a period of five years from the date of the City Council's approval of the DA. Exceptions to the DIF fee increase protection shall include increases mandated by the County of Riverside, State of California, federal government, or any other entity that is outside the control of the City of Menifee. (City) Prior to Final Map Recordation for Phase 3 15. Garbani Road Public Use Trail Design. The developer shall conceptually design to ultimate improvement the public parkway along the north side of Garbani Road, between Evans Road and Murrieta Road, and pay to the City a 50 percent share of the estimated cost of construction of the multi-purpose public use trail (as defined in subparagraph (d) below). The 50 percent share cost shall not include obtaining adjacent property areas for the parkway or trail construction. Specifically, future public parkway area shall be 21-feet wide and shall include: (a) A three-foot width of landscaping from the curb, with low height plantings. (b) A five-foot width of sidewalk from the landscaping. (c) A three-foot width of landscaping from the sidewalk, with low height plantings. (d) An eight-foot width of multi-purpose public use trail from the landscaping, with decomposed granite and a split rail PVC fence between the trail and the landscaping. (e) A two-foot width landscape buffer from the trail to the adjacent residential property line fences. (County—50.Parks.001, 60.Parks.001, and 90.Planning.006, as modified by City) Prior to Final Map Recordation for Each Phase 16. Landscape, Lighting and Maintenance District(LL&MD). The developer shall request of City a fund formation for an LL&MD to pay for maintenance of certain public improvements. (County—50.Planning.008) 17. Environmental Constraints Sheet (ECS). The land divider shall prepare an ECS in accordance with Section 2.2.E and 2.2.17 of Ordinance No. 460, which shall be submitted as part of the plan check review of the Final Map. The following note shall be placed on the Final Map: "Environmental Constraint Sheet affecting this map is on file in the City of Menifee Planning Division, in E.C.S. Book_, Page_", and shall include, but shall not be limited to, the following. (County—50.Planning.012 and 013) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 (a) Lots are located partly or wholly within 300 feet of land zoned for primarily agricultural purposes by the City of Menifee. It is the declared policy of the City 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. (County—50.Planning.014) (b) "County Archaeological Report No. PD-A-0384 was prepared for this property on October 12, 2001 by HDR Engineering and is on file at the City. The property is subject to surface alteration restrictions based on the results of the report." (County— 50.Planning.015) (c) "County Biological Report Nos. PD-B-02073 and PD-B-02074 were prepared for this property on February 1, 2002 and March 1, 2003, respectively, by HDR Engineering and is on file at the City. Biological resources requiring protection include, but are not limited to,jurisdictional waters and habitat for the California gnatcatchers. The property is subject to biological resources restrictions based on the results of these reports." (County—50.Planning.016) (d) "No permits allowing any grading, construction, or surface alterations shall be issued which affect the delineated constraint areas without further investigation and/or mitigation as directed by the City. This constraint affects Lot No. 536 as shown on the Environmental Constraints Sheet." (County—50.Planning.018) (e) "This property is subject to lighting restrictions as required by Ordinance No. 655, 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 Ordinance No. 655." (County— 50.Planning.020) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 18. Existing Structures. The land divider shall provide proof to City that all structures for human occupancy presently existing and proposed for retention comply with Ordinance Nos. 457 and 348. (County—50.Planning.028) 19. Conditions, Covenants and Restrictions. The land divider shall submitted to the City Attorney (via the Planning Division) for review and approval the following documents: (a) A cover letter identifying the project for which approval is sought referencing the Planning Division case number(s) and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; (b) One copy and one original, wet signed, notarized and ready for recordation declaration of covenants, conditions, and restrictions (CC&Rs). Attached to these documents there shall be included a legal description of the property included within the CC&Rs and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor. (c) The declaration of CC&Rs submitted for review shall cover all map phases, as follows: (i) Provide for a minimum term of 60 years; (ii) Provide for the establishment of a property owner's association comprised of the owners of each individual lot or unit; and (iii) Provide for the ownership of the common area by either the property owner's association or the owners of each individual lot or unit. (d) The declaration of CC&Rs shall contain the following provisions verbatim: (i) "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 on the subdivision map, attached hereto, and shall not sell or transfer the 'common area' or any part thereof, absent the prior written consent of the Planning Division of the City of Menifee. - The property 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. Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 - An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. - This Declaration shall not be terminated, 'substantially' amended, or property de-annexed there from absent the prior written consent of the Planning 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." (ii) "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." (iii) "The management and maintenance of the 'common area' shall be in accordance with the Storm Water Pollution Prevention Plans (SWPPPs), Monitoring Programs, and Post Construction Management Plans to include the following best management practices (BMPs) to reduce storm water pollution: Initial residents, occupants, or tenants of this site shall receive educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be provided by the Riverside County Flood Control and Water Conservation District and shall be distributed by the Properties Owners'Association. These materials shall address good housekeeping practices associated with residential developments (BMP N1 & N13), such as: - Only pesticide applicators who are certified by the State of California as Qualified Applicators or who are directly supervised by a Qualified Applicator shall apply pesticides to common area landscaping. - The applicator shall apply all pesticides in strict accordance with pesticide application laws as stated in the California Food and Agricultural Code. Fertilizer shall be applied to common area landscaping in accordance with the manufacturer's recommendations. - Application to hardscape surfaces shall be avoided (BMP N3). - The 'catch basin(s)', more particularly described on the subdivision map, shall be inspected and, if necessary, cleaned by the Property Owners'Association no later than October 15th of each year. Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 - 'ONLY RAIN IN THE DRAIN' and 'NO DUMPING' stencils shall be repainted as necessary to maintain legibility (BMP N4 & S12). - The 'water quality inlet(s), oil/water separator(s) and trash rack(s)', more particularly described on the subdivision map, shall be inspected and, if necessary, cleaned by the Property Owners' Association no later than October 15th of each year (BMP S4 & S13). - The Property Owners' Association shall keep the common area(s) free of litter. Litter shall be removed from the common area, and litter receptacles shall be emptied at least once a month. - Where improper disposal of trash has occurred, the Property Owners' Association shall take corrective action within forty- eight hours of discovery (BMP N5). - The street(s) and parking lot(s), more particularly described on the subdivision map, shall be swept by the Property Owners' Association at least once a year and shall be swept no later than October 15th of each year (BMP N6). - The Property Owners' Association shall maintain an up-to- date list identifying the party or parties responsible for the implementation and maintenance of each of the BMPs described herein. The list shall include the party's name, organization, address, a phone number at which the party may be reached 24 hours a day, and a description of the party's responsibility for implementation and maintenance of a particular BMP (BMP N14)." (e) Once approved, the copy and the original declaration of CC&Rs shall be forwarded by the City Attorney and the Planning Division. The Planning Division 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 Engineer for safe keeping until the final map is ready for recordation. The City Engineer shall record the original declaration of CC&Rs in conjunction with the recordation of the final map. (f) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of CC&Rs is incorporated therein by reference; and (g) A deposit equaling three hours of the current hourly fee for the review of the CC&Rs established pursuant to Ordinance No. 671 at the time the above referenced documents are submitted to the City Attorney for review and approval. (County— 50.Planning.033 and .035) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 Prior to Issuance of Grading Permit for Each Phase 20. Noise Mitigation. Noise impacts associated with any required blasting or rock breaking equipment shall be evaluated. Measures shall be designed and implemented as necessary to satisfy the Planning Division to mitigate any severe construction noise impacts to the nearby schools. Such measures may include, but not be limited to, the following: (a) Restriction of construction blasting or rock breaking activities to non- school hours. (b) Placement of earth material blankets to absorb blasting noise. (c) Placement of noise barriers or temporary earthen berms to attenuate noise at sensitive receptors. (County EIR No. 445, Mitigation Measure 4.7-1) 21. Archaeologist Retained. A qualified archaeologist (as listed on the City's list) shall be retained by the developer for consultation and comment on the proposed grading with respect to potential impacts to archaeological and cultural resources. During grading operations, when deemed necessary in the professional opinion of the retained archaeologist or the Native American tribes (and as determined by the Planning Director), the archaeologist, the archaeologist's on-site representative(s) and the Native American monitor(s) shall actively monitor all project related grading and construction and shall have the authority to temporarily divert, redirect, or halt grading activity to allow recovery of significant archeological or cultural resources. On-site monitoring shall be conducted in the vicinity of the prehistoric milling features. Prior to the issuance of grading permits, the name, address and telephone number of the retained archaeologist and the Native American representative shall be submitted to the Planning Division and the Building and Safety Division. If the retained archaeologist, after consultation with the appropriate Native American tribe(s), finds no potential for impacts to archeological or cultural resources, a letter shall be submitted to the Planning Division certifying this finding by the retained qualified archaeologist. (County EIR No. 445, Mitigation Measure 4.10-1, 4.10-2 and 4.10-3, and County —60.Planning.026, both as modified by City) 22. Native American Monitor Retained. Tribal monitor(s) from the appropriate Native American tribe(s) shall be required on-site during all ground disturbing activities. The developer shall retain a qualified tribal monitor from the appropriate Native American tribe. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract ("treatment agreement") between the appropriate Native American tribe and the developer for the monitoring of the project to the Planning Division and to the Building and Safety Division. The treatment agreement shall address 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 archeological artifacts that are of Native American origin, found in the project area to the Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 appropriate Native American tribe for proper treatment and disposition. The Native American monitor(s) shall have the authority to monitor all ground disturbance activities and shall have the authority to temporarily divert, redirect or halt grading activities to allow recovery of Native American resources. (County EIR No. 445, Mitigation Measure 4.10-4 and County—60.Planning.025, as modified by City) 23. Human Remains Encountered. If human remains are encountered, State Health and Safety Code section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resource Code section 5097.98. The County Coroner shall be notified of the find immediately. If the remains are determined to be prehistoric, the coroner shall notify the Native American Heritage Commission, which shall determine and notify the appropriate Native American tribe who is the most likely descendent (MLD). The descendent shall inspect the site of the discovery and make recommendations and enter into consultation concerning the appropriate mitigation. After the recommendations have been made, the land divider, the MLD, and a City representative shall meet to determine the appropriate mitigation measures and corrective actions to be implemented. (County EIR No. 445, Mitigation Measure 4.10-5, as modified by City) 24. Burrowing Owl Survey. No sooner than 30 days prior to the issuance of a grading permit, a qualified biologist will survey for burrowing owls. A written report , prepared by a qualified biologist, with the results of the survey shall be submitted to the Planning Division for review and implementation. If the report concludes that there are no burrowing owls present on the subject property, this condition will be cleared. If the report concludes that there are owls present on the subject property, a plan for active relocation to a site under conservation shall be prepared and submitted for review and approval by the County's Ecological Resources Specialist. Passive relocation is not acceptable. Once a qualified biologist has certified the owl(s) have been relocated this condition will be released. (County—60.Planning.024) 25. Biological Mitigation No. 1. The Revised Biological Assessment prepared by HDR Engineering, dated November 2002, determined that 0.62 acres of California Department of Fish & Game (CDFG) wetlands will be impacted. In addition to proof of a Section 1603 permit, prior to issuance of a grading permit the applicant shall be required to purchase wetland mitigation credit from the Riverside-Corona Resource Conservation District Santa Ana River Mitigation Program. The amount of wetland mitigation credit shall be determined by CDFG. Once proof of the purchase of the wetland mitigation credit has been submitted to the Planning Division this condition will be released. (County—60.Planning.013) 26. Biological Mitigation No. 2. The revised Biological Assessment prepared by HDR Engineering, dated November 2002, determined that 0.35 acres of United States Army Corp of Engineer (USACE) jurisdictional waters will be impacted. In addition to proof of a Section 404 of the Clean Water Act permit, prior to grading Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 the applicant shall be required to purchase mitigation bank credit from the Santa Ana River Mitigation Bank. The amount of mitigation bank credit shall be determined by USACE. Once proof of the purchase of the mitigation bank credit has been submitted to the Planning Division this condition will be released. (County—60.Planning.014 and 60.Parks.001) 27. Development Impact Fees. Prior to the issuance of a grading permit, the land divider/permit holder shall comply with the provisions of Ordinance No. 659, 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. 659, or as amended by the City. Said fee shall be calculated on the approved development project which is anticipated to be 166.3 acres (gross) in accordance with the Tract Map, or as superseded by an executed DA. (County— 10.Planning.013 and 60.Planning.017, as modified by City) 28. Billboard Removal. Any existing billboards shall be removed, prior to the issuance of grading permits. (City) . Prior to Issuance of Building Permits for Phase 1 29. Evans Road Public Improvements Construction. Evans Road shall be designed and constructed to ultimate improvement, between Craig Road and Garbani Road. Design shall be approved by the City Manager or his designee, which improvements shall include, but not be limited to, additional parkway area for landscaping and the extension of the utility construction (including sewer) to Garbani Road. Specifically, the public right-of-way parkway area on the east side of Evans Road shall be 21-feet wide and shall include: (a) A three-foot width of landscaping from the curb, with low height plantings. (b) A five-foot width of sidewalk from the landscaping. (c) A three-foot width of landscaping from the sidewalk, with low height plantings. (d) An eight-foot width of multi-purpose public use trail from the landscaping, with decomposed granite and a split rail PVC fence between the trail and the landscaping. (e) A two-foot width landscape buffer from the trail to the adjacent residential property line fences. (County—50.Planning.009, as modified by City) 30. Public Park Design. Seven (7) sets of detailed park plans shall be submitted for approval to the Planning Division. Said plan shall be submitted to the Planning Division 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 Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 Act and not subject to review by an governmental agency other than the Planning Division.) The detailed park plans need not be working drawings, but shall include landscaping and irrigation plans, descriptions and placement of recreational facilities and documentation evidencing application for annexation to CSA 145 for permanent maintenance of the park and its facilities. These plans shall include active recreational facilities (e.g., regulation sized baseball field(s), soccer field(s), tennis court(s), tot lot(s), shade structures, picnic/BBQ areas and facilities, restrooms, etc.)for the proposed t5.3 acre park lot. The plans shall also include off-site, public right-of-way signage to direct people to the park, as well as full improvement of Quilt Way to get people to the park. (County—80.Planning.025 and 80.Planning.026, as modified by City) Prior to Issuance of Building Permits for Each Phase 31. Home Owners' Association Common Area Funds. The developer shall demonstrate to the City that sufficient funds exist in the Homeowners' Association account for five years worth of reserves after final occupancy of all three phases. This may be provided with submitting the financial plan for the first five years after final occupancy of each phase. (City) 32. Minor Plot Plans. For each of the below listed items, a minor plot plan application shall be submitted for approval by the Planning Division 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 Division) along with the current fee: (a) Final Site Development Plan for each phase of development, at 40':1" scale, showing all lots, and required building setbacks for each lot. (b) 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, including elevations, colors and materials. (c) Wall and fencing plans for 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. All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments. All wood fencing shall be treated with heavy oil stain to match the natural shade to prevent bleaching from irrigation spray. All wood fence posts shall be steel set in concrete. No chain link fences are allowed anywhere in Tract No. 30142 for any reason. (d) Entry monument plans for monuments and related lighting. (County— 10.Planning.015, 80.Planning.020, 80.Planning.022, and 80.Planning.023) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 33. Exterior Lighting Plan. An exterior lighting plan shall be submitted for review and approval by the Planning Division. The lighting plan shall include, but may not be limited to: (a) Compliance with Ordinance 655; (b) Photometrics, fixture details, and light standard (pole) elevations; (c) A minimum of one (1) foot-candle of light shall be provided in parking and pedestrian areas; (d) Walkways at the rears of common area buildings shall be well lit by vandal-resistant lamps and security lighting that is visible from the highway shall be motion-sensor activated; (e) All potential light sources with the types of lighting and their locations; (f) Typical lighting shall include low mounted, downward casting and shielded lights that do not cause spillover onto adjacent properties and the utilization of motion detection systems where applicable; (g) No flood lights shall be utilized; (h) Lighting shall not "wash out" structures or any portions of the site; (i) Lighting shall be limited to the areas that would be in operation during nighttime hours, unless otherwise required; (j) Low intensity, indirect light sources shall be encouraged; (k) On-demand lighting systems shall be encouraged; (1) Mercury, sodium vapor, and similar intense and bright lights shall not be permitted except where their need is specifically approved and their source of light is restricted; (m) All buildings and structures shall consist of non-reflecting material or be painted with non-reflective paint; (n) Generally, light fixtures shall not be located at the periphery of the property and should shut off automatically when the use is not operating; and (o) All lighting shall be installed in accordance with building codes and the approved lighting plan during construction. (City) 34. Shading, Parking, Landscaping and Irrigation Plan. Seven copies of a Shading, Parking, Landscaping, and Irrigation Plan shall be submitted to and approved by the Planning Division. The location, number, genus, species, and Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 container size of plants shall be shown. Plans shall meet all requirements of the Riverside County Guide to California Friendly Landscaping, and Ordinance No. 348, Sections 18.12, and 19.300 through 19.304 and as specified herein, and Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts. Landscaping plans shall incorporate the use of specimen (24" box or greater) canopy trees along 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. The irrigation plan shall include a smart controller which is capable of adjusting watering schedule based on weather data. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads containing check valves to prohibit low head drainage. Emphasis shall be placed on using plant species that are drought tolerant and low water using. A Plan shall be required for all private common open space areas, private front yards, and public open space areas (except the public park, Evans Road public use trail and the Garbani Road public use trail, which are separate conditions). The plans shall provide for the following: (a) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems are encouraged. (b) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Division. Utilities shall be placed underground. (c) Any required landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. (d) 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 Division. (e) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. (f) Landscaping plans shall incorporate native and drought tolerant plants where appropriate. (g) 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. (h) All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked. (i) Multi-programmable irrigation controllers which have enough programs to Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 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. (j) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where possible. (County proposed — EOT2) 35. No 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 Division approval, and television disks and antennas shall be allowed outright. (County, as modified by City—80.Planning.00 1) 36. Building Separation. Building separation between all buildings shall not be less than ten (10) feet. Fireplaces may encroach one (1) foot into the side yard setback. Additional encroachments are only allowed as permitted by Ordinance No. 348. (County—80.Planning.002) 37. 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 first 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 Planning Division for review and approval. (County—80.Planning.01 3) Prior to Final Inspection on the First Unit in Each Phase 38. Landscaping Installation. All required landscape planting and irrigation shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans (except that the front yard landscaping for each house shall be installed prior to the final inspection on each individual house and any exception otherwise provided by the City), and Ordinance No. 859. All landscape and irrigation components shall be in a condition acceptable to the Planning Division. 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. (County proposed— EOT2) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 39. Front Yard Landscaping. All residential unit front yards shall be provided with landscaping and automatic irrigation as defined by Ordinance No. 348. Landscaping and irrigation shall comply with the Ordinance No. 859. (County proposed— EOT2) 40. Landscape Maintenance. All plant materials within landscaped common areas shall be maintained in a viable growth condition. To ensure that this occurs, the permit holder's landscape architect responsible for preparing the landscape and irrigation plans shall arrange for an installation inspection with the Planning Division at least 15 working days prior to the final inspection for the first building permit. Upon successful completion of the installation inspection, the Planning Division and the permit holder's landscape architect shall execute a Certificate of Completion that shall be submitted to the Planning Division. (County proposed— EOT2) 41. Payment of Existing Fees. The applicant shall pay all fees required by federal, state and City laws and regulations and in accordance with any fee credits outlined elsewhere in these conditions and contained within an executed DA. The timing of City-required fee payment shall be determined by the City Manager. The required fees shall include, but are not be limited to, the following: (a) Related statutory school district fees in effect at the time of payment. (b) Subsequent Reviews fees on an hourly basis (Ordinance No. 671). (c) Multi-Species Habitat Conservation Plan fee (Ordinance No. 810). (d) Stephen's Kangaroo Rat Habitat Conservation mitigation fee (Ordinance No. 663). (f) All Development Impact Fees (DIF) in effect at the time of payment (Ordinance No. 659), which include Traffic Signal Mitigation fees. (g) Riverside County Transportation Uniform Mitigation West fees (TUMF) in effect at the time of payment (Ordinance No. 824). (h) Zone "B" of the Scott Road and Bridge Benefit District. (i) Development fees as adopted by the City. (j) Any outstanding development processing fees in effect at the time of payment. (City) 42. Inadvertent Archaeological Find. If during ground disturbance activities, significant archeological or cultural resources are discovered that were not anticipated by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed: Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 (a) All ground disturbance activities within the immediate vicinity of the discovered archeological or cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the appropriate Native American tribe and the Planning Director to discuss appropriate actions; (b) At the meeting, the significance of the discoveries shall be discussed and, after consultation with the appropriate Native American tribe 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 archeological or cultural resources; and (c) Grading shall not resume within the immediate vicinity of the discovery until an agreement has been reached by the appropriate Native American tribe, the archaeologist, and the Planning Director as to the appropriate mitigation. The grading plans shall conform to the mitigations requirements placed on the map. (City) 43. Final Planning Inspection. The applicant shall obtain final building permit sign- off from the Planning Division for each building permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met. The applicant shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. (City) 44. Block Wall Construction. The land divider/permit holder shall construct a six (6) foot high to eight (8) foot high decorative block wall around the perimeter of the site, alongside and rear yards abutting street and/or open space lots and alongside or rear yard lots that are adjacent to three or more lots. The required wall shall be subject to the approval of the Building and Safety Division. An anti- graffiti coating shall be provided on all perimeter block walls, and written verification from the developer shall be provided to the Public Works Department. (County—90.Planning.001) 45. Driveway Construction. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. (County—90.Planning.007) Prior to the Final Inspection of the Building Permit for the 114 (last) house in Phase 1 46. Public Park Construction Completed. The developer shall provide proof that the park site has been constructed in accordance with the approved park plan and is fully operational, or that this condition has been otherwise fulfilled to the satisfaction of the Planning Division. The developer may request up to a six months extension of the park construction deadline, if substantial construction on the park is determined. Approval of the extension is at the discretion of the City. (County— 100.Planning.001, as modified by City) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 CITY OF MENIFEE ENGINEERING DEPARTMENT (Grading, Transportation) 951-672-6777 General Conditions for Each Phase 47. Phasing. Any revised Phasing Plan (from the December 16, 2008 City Council approval) shall be reviewed and approved by the City Engineer, in advance of such phasing. Should the applicant choose to phase any portion of this project, said applicant shall provide off-site access roads to County maintained roads as approved by the City Manager or his designee. Prior to the approval of an application for a division into units or phasing plan for the Tentative Map, a conceptual grading plan covering the entire Tentative Map shall be submitted to the Engineering Department for review and approval. The conceptual grading plan shall comply with the following: (a) Techniques which will be used to prevent erosion and sedimentation during and after the grading process shall be depicted or documented. (b) Approximate time frames for grading and areas which may be graded during the higher probability rain months of January through March shall be identified. (c) Preliminary pad and roadway elevations shall be depicted. (d) Areas where temporary grading occurs on any phase other than the one being graded for development at a particular time shall be identified. (e) Adequate vehicular access to all lots in each unit or phase shall be provided and shall substantially conform to the intent and purpose of the land division approval. (County— 10.Trans.009, 40.Planning.001 and 003) 48. Undergrounding of Utilities. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. (County— 10.Trans.008) 49. Traffic Signal Maintenance. Assurance of traffic signal maintenance is required by filing an application for annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated. (County— 50.Trans.034) Prior to Final Map Recordation for Each Phase 50. Off-Site Improvement Plans - Roadways. The off-site improvement plans shall show the following road improvements to be provided by the developer to City standards for each particular road designation: Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 (a) Murrieta Road (along project boundary) is designated as an Arterial highway . (b) Garbani Road (along project boundary) is designated as a Major highway. (c) Craig Avenue (along project boundary) is designated as a Secondary highway. (d) "FF" Street is designated as a Collector street. (e) All interior streets are designated as General Local streets. (f) Evans Road (660' north of Garbani Road to 670' south of Craig Avenue) is designated as a Secondary highway. (g) Evans Road (from Craig Avenue to 670' south) is designated as a Secondary highway (h) Evans Road (from Garbani Road to 660' north) is designated as a Secondary highway. (i) "A" Street and "T" Street (entry) are designated as Collector streets. Q) "Y" Street (entry) is designated as a Collector street. (k) "XX" Street (Old Garbani Road) along project boundary is a paved County maintained road and is designated as a Collector street (County—50.Trans.003 and 50.Trans.036) 51. Off-Site Improvement Plans—General. Improvement plans 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 City Engineer. Completion of road improvements does not imply acceptance for maintenance by City. (County—50.Trans.004) 52. Off-Site Rights-of-Ways. 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. (County—50.Trans.006) 53. Map 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. (County— 50.Trans.009) 54. Lot Access. Lot access shall be restricted on Murrieta Road, Garbani Road, Evans Road and Craig Road and so noted on the final map. (County— 50.Trans.010) • Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 55. Signing and Striping Plan. A signing and striping plan is 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 developer with all incurred costs borne by developer, unless otherwise approved by the City Manager . (County—50.Trans.011) 56. Street Name Signs. The land divider shall install street name sign(s) in accordance with City Standard No. 816 as directed by the City Engineer. (County— 50.Trans.012) 57. Public Right-of-Way Landscaping. Landscaping shall be installed within Murrieta Road, Craig Avenue, Evans Road, "A" Street, "FF"Street and "T" Street. Landscaping plans shall be submitted in accordance with these conditions of approval. . Landscaping maintenance shall be annexed to CSA145. Landscaping plans shall depict ONLY such landscaping, irrigation and related facilities as are to be placed within the public road rights-of-way. (County—50.Trans.015) 58. Preliminary Soils and Pavement Investigation. The developer/owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of-way. (County— 50.Trans.019) 59. Centerline Intersections. 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 City Engineer. (County—50.Trans.020) 60. 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. (County—50.Trans.023) 61. Street Light Plan. Street lighting shall be designed in accordance with Ordinance 460 and Street Light Specification Chart found in Specification Section 22 of Ordinance 461. For projects within SCE boundaries use Ordinance 461, Standard No's 1000 or 1001. (County—50.Trans.021) 62. Street Light Certificate of Completion. The landowner shall receive and provide a Certificate of Completion for street lights. (County—50.Trans.024, as modified by City) 63. City Service Area 145. The project proponent shall contact the City to annex into CSA 145 for landscape and park maintenance. (County— 50.Trans.025, as modified by City) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 64. City Service Area 152. The project proponent shall contact the City annex into CSA 152 for street sweeping; or enter into a similar mechanism as approved by the City Engineer . (County— 50.Trans.031, as modified by City) 65. 1-215 and Scott Road Interchange Ultimate Improvements. Prior to the recordation of the final map, a Community Facilities District (CFD) or other funding mechanism acceptable to the City Engineer shall be established and funding in place for the construction of the ultimate improvements to the 1- 215/Scott Road interchange. This project is required to participate in the CFD through payment of fees. (County—50.Trans.027) 66. Scott Road and Bridge Benefit District, Zone B, Fee Payment. The project proponent shall pay fees in accordance with Zone B of the Scott Road and Bridge Benefit District. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, 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. (County—50.Trans.033) Prior to Issuance of Grading Permits for Each Phase 67. Traffic Signal Design. The project proponent shall be responsible for the design and installation of a traffic signal at the intersections of: (a) Murrieta Road and Beth Road with no credit given for Traffic Signal Mitigation Fees (b) Murrieta Road and Craig Avenue with partial fee credit eligibility (c) Murrieta Road and Garbani Road with fee credit eligibility. (County— 50.Trans.026) 68. Protection of 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 City Engineer, who may or may not need to amend the Cooperative Agreement with the County regarding this item. (County— 10.Trans.001) 69. Off-site Drainage Flow. The land divider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the City Engineer 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 Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 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 City Engineer. (County— 10.Tr6ns.002) 70. Street Improvements. The land divider shall complete all street improvements, street improvement plans and/or road dedications set forth herein in accordance with Ordinance 460 and City Road Improvement Standards (Ordinance 461). It is understood that the tentative map 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 map 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. (County— 10.Trans.007) 71. Retaining Walls. Lots which propose retaining walls will require separate permits. They shall be obtained prior to the issuance of any other building permits, unless otherwise approved by the Building Official. The retaining walls shall be designed by a registered civil engineer, unless they conform to the City Standard Retaining Wall designs shown on Building and Safety Division Form 284-197. Cribwall (retaining) walls shall be designed by a qualified professional who shall provide the following plans for review and approval (in addition to standard retaining wall data normally required): (a) Soil preparation and compaction requirements to be accomplished prior to footing-first course installation; (b) Method/requirement of footing-first course installation; and (c) Properties of materials to be used (i.e. Fc=2500 p.s.i.). In addition, special inspection by the manufacturer/dealer and a registered special inspector will be required. The applicant shall 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 or as approved by the Building Official. (City) 72. Drainage Easements. A recorded easement is required for lot-to-lot drainage. (City) 73. National Pollutant Discharge Elimination System (NPDES). The applicant shall provide the Building and Safety Division evidence of compliance with the National Pollutant Discharge Elimination System. There is a requirement to obtain a construction permit from the State Water Resources Control Board.. (County—60.Planning.022 and 60.BS.Grade.001) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 74. Grading Permit. 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 City Engineer. Additionally, if either location was not previously approved by an Environmental Assessment, prior to issuing a grading permit a Grading Environmental Assessment shall be submitted to the Planning Director for review and comment and to the City Engineer for approval. 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. (County—60.BS.Grade.002 and 008) 75. 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. (County—60.BS.Grade.003) 76. Geotechnical Reports. Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the Building and Safety Division'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 City Engineer. (City) 77. Grading 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 City Engineer'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. (County—60.BS.Grade.004) 78. Fugitive Dust Control. The project developer shall implement fugitive dust control measures in accordance with 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 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; Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 (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 (with 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; Q) 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; (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; Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 (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. (County EIR No. 445, Mitigation Measure 4.6-1, as amended by the City) 79. Dust Levels. Propagation and recruitment of native plants and temporary watering will keep dust levels at manageable levels. Ground cover will become established within the five-year monitoring period. The urban/wildlands interface area will be landscaped and irrigated to avoid any generation of dust. (City) Prior to Issuance of Building Permits for Each Phase 80. Garage Doors. Garage door setbacks for all residential zones shall be 24 feet for a conventional door or 20 feet for a roll-up door, measured from the back of the sidewalk to the face of garage door or the face of the curb if no sidewalk is required, or 20 feet from the street right-of-way, whichever setback is greater. (County— 80.Trans.001) 81. Traffic Signal Installation. The project proponent shall comply in accordance with traffic signal requirements within public road rights-of-way, in accordance with Ordinance 461. Traffic signals shall be installed at the following intersections: (a) Murrieta Road and 'A' Street (b) Murrieta Road and Craig Avenue (c) Murrieta Road and Garbani Road. (County—50.Trans.034) Prior to Final Inspection of First Unit in Each Phase 82. Improvement Construction. Building permits will not be finalled by the Building and Safety Division for any lots 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. Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 (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 Ordinance 461 and Ordinance No. 859. (g) The project proponent shall be responsible for the construction and installation of traffic signals at the following locations and with the accompanying conditions: - Murrieta Road/'A' Street with no fee credit given for Traffic Signal Mitigation Fees. - Murrieta Road/Craig Avenue with partial fee credit eligibility. - Murrieta Road/Garbani Road with fee credit eligibility. The project proponent shall contact the City Engineer and enter into an agreement for signal mitigation fee credit or reimbursement prior to start of construction of the signals. All work shall be pre-approved by and shall comply with the requirements of the City Engineer and the public contract code in order to be eligible for fee credit or reimbursement. (County-90.Trans.004) (h) Install street lights along the streets associated with development in accordance with the approved street lighting plan and standards of Ordinance 460 and 461. Street light annexation into CSA145 as approved by the City Engineer shall be completed. It shall be the responsibility of the Developer to ensure that streetlights are energized along the streets of those lots where the Developer is seeking Building Final Inspection. (County— 90.trans.001 and 90.Trans.002) 83. Landscape of Manufactured Slopes. 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 City Engineer. (County= 90.BSGrade.001) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 84. Finish Grade Slopes. 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. (County—90.BSGrade.002) 85. Transportation Uniform Mitigation Fee (TUMF) Payment. 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, or as otherwise determined by the City Manager. (County—90.Trans.005) 86. City Service Area (CSA) 145 Annexation. The project proponent shall complete annexation to CSA145 for continuous landscape maintenance within public road rights-of-way and for the public park, in accordance with Ordinance 461. (County—90.Trans.007) 87. City Service Area (CSA) 152 Annexation. The project proponent shall complete annexation to CSA 152 for street sweeping. (County—90.Trans.006) 88. Landscape, Lighting, and Maintenance District(LL&MD) No. 89-1 Annexation. The project proponent shall complete annexation to LL&MD No. 89-1-Consolidated for maintenance of traffic signals and drainage within public road rights-of-way, in accordance with Ordinance 461. (County—90.Trans.008) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 951-955-1200 General Conditions for Each Phase 89. Development Proposal. Tract Map 30142 is a proposal to subdivide 166-acres into 523 residential lots with minimum lot areas of 6,000 square-feet and 7,200 square-feet in the City of Menifee. The project site is located on the southeast corner of Murrieta Road and Craig Avenue. The site receives offsite storm runoff from 1,035 acres from the south. An additional 520 acres of runoff are tributary to the southeast portion of the tract. In order to protect the public's health and safety the developer shall construct adequate facilities to collect and convey 100- year tributary flows to an adequate outlet. The hydrology report begins at the site's south boundary and discusses collection of offsite tributary flows, then onsite measures, followed by how this development proposes to discharge storm flows, as follows: (a) Tributary Flow (i) The 1,035-acre watershed approaches the southern boundary via three rather poorly defined watercourses. Tract 30142 proposes collection points where each of these flows enter the project site. The tract also shows a 26-foot wide open space lot along the southern boundary in which a broad HOA maintained swale will be graded to assure that offsite flows reach the inlet points. This open space lot also provides a setback area so that grading of Tract 30142 would not cause ponding onto its southerly neighbor. To assure the flood protection of the southerly tier of lots, those pads shall be at minimum of 12 inches above the maximum possible water surface in the swale. (ii) The developer has proposed to construct an inlet structure (located within Garbani Road right-of-way) to collect the runoff from the 520-acre watershed from the southeast. This inlet facility could cause ponding onto the property to south. The inlet structure shall be designed to collect the 100-year tributary flows without creating any ponding on the upstream property owners unless a flooding easement is obtained from the affected property owners. Further, Tract 30142 will be required to coordinate the design of this inlet with the design of Tract 31194 to the south. (b) Onsite Measures (i) The developer's engineer has proposed to convey offsite flows through the site in both conventional underground storm drains and paseo/greenbelt channels. The Flood Control District would Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 maintain the regional underground storm drains as well as the channels' structural components; slope protection against erosive velocities, spillways, pipes, headwalls, etc. The amenities within the green belt channels will require maintenance by a public agency or a guarantee of maintenance by a public agency in the event the responsible private party fails to meet its maintenance obligations. These types of flood control facilities are selected at the discretion of the applicant to complement the nature of the proposed development and do not have a regional benefit commensurate with the maintenance costs that are anticipated to be excessively high. If an acceptable maintenance mechanism cannot be developed, the project shall be redesigned to eliminate all high maintenance cost features. (ii) Final maintenance responsibilities for the paseo/greenbelt channels have not been established and cannot be finalized until the improvement plans are completed. Regardless, the District will require that all channels be engineered properly and have a 15- foot wide access roads along both sides. If the District is not responsible for ordinary maintenance, access using public streets would be adequate for one side. The paseo/greenbelt channel link in Lot 531 (near the tract center) is too narrow to accommodate the tributary flows. An underground storm drain shall be constructed to convey flows from Lot 532 to the storm drain proposed beneath the park site in Lot 524. This storm drain shall be located in street right of way to the maximum extent practicable. The paseo/greenbelt channel along the east side of Evans Road does not appear to have sufficient width to meet the District's access criteria. Redesign of lots adjacent to the channel is a near certainty and loss of lots is a possibility. All of the greenbelt channels confluence in a proposed underground concrete box culvert in Evans road. (c) Downstream Measures (i) The box culvert would run north in Evans Road, turn east in Craig Avenue and then discharge directly into the Paloma Valley High School's channel about 1,000 feet northeasterly of Craig Avenue. This facility would be part of a regional system that would serve as an outlet for future developments to the south. Easement for construction of this offsite facility will need to be acquired. (ii) Most of the onsite runoff for the proposed development would drain to the Paloma Valley High School Channel. However, Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 approximately 14 acres at the northwest corner of the tract drains towards Murrieta Road. There is no drainage infrastructure in place downstream and the existing neighborhood experiences flooding problems today. Therefore, Tract 30142 shall construct a storm drain from the proposed basin at Craig Avenue and Murrieta Road to an adequate outlet north of Holland Avenue. (iii) Approved Tentative Tracts 29636 and Tract 30064 are also being required to construct this drain to mitigate their impacts. Plans for all of the offsite drainage facilities shall be approved, bonded for and all offsite rights of way must be acquired prior to release of grading permits or recordation of any lots tributary to said offsite facilities.* (d) Increased Runoff The proposed development of this site would adversely impact the downstream property owners by increasing the rate and volume of flood flows. To mitigate this impact, the developer has proposed detention basins in the northwest and northeast corners of the site. Although final design of the basins will not be required until the improvement plan stage of this development, the applicant's engineer has submitted a preliminary hydrology and hydraulics study that indicates the general size, shape, and location of the proposed basins are sufficient to mitigate the impacts of the development. (County— 10.Flood.019) 90. Coordination. Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain 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. (County— 10.Flood.003) Prior to Final Map Recordation for Each Phase 91. Storm Flows. 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. All lots shall be graded to drain to the adjacent street or an adequate outlet. (County— 10.Flood.001) 92. Sump Conditions. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100-year storm flows. Additional emergency escape shall also be provided. (County— 10.Flood.002) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 93. Grading Design. 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 area, outlet points and outlet conditions; otherwise, 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. (County— 10.Flood.004) 94. Dissipaters. Energy dissipaters, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipaters shall be designed to minimize the amount of erosion downstream of the storm drain outlet. (County— 10.Flood.01 6) 95. Trash Racks. Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. (County— 10.Flood.017) 96. Storm Water Pollution Prevention Plan (SWPPP). This development is located within the San Jacinto River watershed. All onsite storm runoff is tributary to Canyon Lake and Lake Elsinore; therefore an approved Storm Water Pollution Prevention Plan (SWPPP) will be required prior to Environmental Assessment adoption. (County— 10.Flood.018) 97. Certain Pad Heights. A 1035-acre watershed approaches the southern boundary via three rather poorly defined watercourses. To assure the flood protection of the southerly tier of lots, those pads shall be at minimum of 12 inches above the maximum possible water surface in the swale. (County— 10.Flood.020) 98. Inlet Design. The inlet structure (within Garbani Road right of way) shall be designed to collect the 100-year tributary flows without creating any ponding on the upstream property owners unless a flooding easement is obtained from the affected property owners. Further, Tract 30142 will be required to coordinate the design of this inlet with the design of Tract 31194 to the south. (County— 10.Flood.021) 99. Storm Drain Construction. Tract 30142 shall construct a storm drain from the proposed basin at Craig Avenue and Murrieta Road to an adequate outlet north of Holland Avenue. (County— 10.Flood.022) 100. Adjacent Runoff. The lots located on the southeast corner of this tract receive runoff from the adjacent hills. The developer is responsible for adequately collecting these flows and also to provide adequate access to maintain the collection facilities. The District has received flooding/debris complaints from developments with the same situation when maintenance access has not been provided. The developer proposes to collect the runoff in open space lots with Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 interceptor drains, above the top of lots. A block wall a minimum of 3 courses backed-up by an interceptor ditch is preferred. Provisions for maintenance access along the interceptor drain shall be incorporated. The criteria for maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum (County— 10.Flood.023) 101. Documents Submitted. A copy of the improvement plans, grading plans, final map, environmental constraint sheet and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the Flood Control District for review. The plans must receive District approval prior to recordation. 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. (County— 50.Flood.001) 102. On-Site 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". (County—50.Flood.010) 103. Off-Site Drainage Easements. 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 Flood Control District prior to recordation of the final map. If the developer cannot obtain such rights, the map shall be redesigned to eliminate the need for the easement. (County—50.Flood.011) 104. National Flood Insurance Program. The proposed project 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 Ordinance No. 458: A copy of appropriate correspondence and necessary permits, or confirmation that the project is exempt, shall be obtained 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). The documents shall be provided to the Flood Control District prior to the final Flood Control District approval of the project. (County—50.Flood.018) 105. Storm Drain System. Inspection and maintenance of the storm drain system 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 storm drain 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 Flood Control District shall be addressed to Warren D. Williams, General Manager- Chief Engineer, Attn: John H. Kashuba, Chief of the Planning Division. If the Flood Control District is willing to maintain the proposed drainage system three Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 items must be accomplished prior to recordation of the final map or starting construction of the drainage facility, as follows: (a) The developer shall submit to the Flood Control District the preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the Flood Control District and secure that right of way to the satisfaction of the Flood Control District; (b) An agreement with the Flood Control District must be executed which establishes the terms and conditions of inspection, operation and maintenance; and (c) Plans for the facility must be signed by the Flood Control District's General Manager-Chief Engineer. The plans cannot be signed prior to execution of the agreement. An application to draw up an agreement must be submitted to the attention of Mark Wills. All right of way transfer issues must be coordinated with Morris Reynolds of 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 Flood Control District's Inspection section before a pre-construction meeting can be scheduled. (County—50.Flood.022) 106. Preliminary Detention Plans. The proposed development of this site would adversely impact the downstream property owners by increasing the rate and volume of flood flows. To mitigate this impact, the developer has proposed 2 detention basins on the site. Although final design of the basins will not be required until the improvement plan stage of this development, the applicant's engineer has submitted a preliminary hydrology and hydraulics study that indicates the general size, shape, and location of the proposed basin is sufficient to mitigate the impacts of the development. (County—50.Flood.023) 107. Detention Basins. The entire area of proposed development will be routed through a detention facility(s) to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable. Storms to be studied will include the 1-hour, 3-hour, 6-hour and 24-hour duration events for the 2-year, 5-year and 10-year return frequencies. Detention basin(s) and outlet(s) sizing will ensure that none of these storm events has a higher peak discharge in the "after" condition than in the "before" condition. For the 2-year and 5-year events the loss rate will be determined using an AMC I condition. For the 10-year event AMC II will be used. Constant loss rates shall be used for the 1-hour, 3- hour and 6-hour events. A variable loss rate shall be used for the 24-hour events. Low Loss rates will be determined using the following: 1. Undeveloped Condition --> LOW LOSS = 90% 2. Developed Condition --> LOW LOSS = .9 - (.8 X % IMPERVIOUS) 3. Basin Site --> LOW LOSS = 10%Where possible and feasible the on-site flows should be mitigated before combining with off-site flows to minimize the size of the detention facility required. If it is necessary to combine off-site and on-site flows into a detention facility two separate conditions should be evaluated for each duration/return period/before-after development Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 combination studied; the first for the total tributary area (off-site plus on-site), and the second for the area to be developed alone (on-site). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or on-site alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre-developed, post-developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study. No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter. The basin(s) and outlet structure(s) must be capable of passing the 100-year storm without damage to the facility. Mitigation basins should be designed for joint use and be incorporated into open space or park areas. Side slopes should be no steeper than 4:1 and depths should be minimized where public access is uncontrolled. A viable maintenance mechanism, acceptable to both the City and the Flood Control District, should be provided for detention facilities. Generally, this would mean a CSA, landscape district, parks agency or commercial property owners association. Residential homeowners associations would generally be acceptable. (County—50.Flood.024) 108, Drainage Study. A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention basins shall be submitted to the Flood Control District for review and approval. Increased runoff mitigation basin criteria shall be as indicated in these conditions. If the City approves an increased runoff policy which supersedes these criteria prior to the submittal of the complete drainage study, then the City policy shall apply. (County— 50.Flood.025) 109. Structural BMP Maintenance. Unless an alternate viable maintenance entity is established, the CC&R's for the development's Homeowners Association (HOA) shall contain provisions for all structural 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 BMP's within the project boundaries. A copy of the CC&R's shall be submitted to the Flood Control District for review and approval. (County—50.Flood.026) 110. Green Belt Maintenance. The amenities within the green belt channels will require maintenance by a public agency. If an acceptable maintenance mechanism cannot be developed, the project shall be redesigned to eliminate all high maintenance cost features. (County— 50.Flood.028) Prior to Issuance of Grading Permits for Each Phase 111. Erosion Control Measures. 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. (County—60.Flood.004) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 112. Impervious Areas. 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". (County—60.Flood.006) 113. Off-Site Drainage Plans. Plans for all of the offsite drainage facilities shall be approved, bonded for and all offsite rights of way must be acquired prior to release of grading permits or recordation of any lots tributary to said offsite facilities. (County—60.Flood.007) Prior to Final Inspection of First Unit in Each Phase 114. Environmental Awareness Material. 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. (County—90.Flood.001) 115. Acceptance of Drainage System. The District will not release occupancy permits for any lot exceeding the 80% of the total recorded residential lots within the map or phase within the map prior to the District's acceptance of the drainage system for operation and maintenance. (County— 90.Flood.002) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 RIVERSIDE COUNTY FIRE DEPARTMENT 951-955-4777 Prior to Final Map Recordation for Each Phase 116, Environmental Constraints Map. ECS map must be stamped by the Riverside County Surveyor with the following notes: (a) All buildings shall be constructed with class "B" material as per the California Building Code. (County—50.Fire.001) (b) 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. (County— 50.Fire.002) (c) Gate(s) shall be automatic or manual minimum 24 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. (County— 50.Fire.003) (d) 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. (County—50.Fire.006) 117. Water System Plans. The applicant or developer shall furnish one copy of the water system plans to the Riverside County 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. (County— 50.Fire.005) 118. Alternate Emergency Routes. In the interest of Public Safety, the project shall provide an Alternate or Secondary Access(s) as stated in the City Engineer's conditions. Said Alternate or Secondary Access(s) shall have concurrence and approval of both the City Engineer and the Riverside County Fire Department. (County—50.Fire.007) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 Prior to Issuance of Building Permits for Each Phase 119. Fire Hydrant Locations. Blue retro reflective pavement markers shall be mounted on private streets, public streets, and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the County Fire Department. (County— 10.Fire.001 and 80.Fire.002) 120. Fire Hydrants. Schedule A fire protection approved standard fire hydrants, (6" x 4" x 2.5") 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 660 feet apart. (County— 10.Fire.002) 121. Water System Installed. 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. (City) Prior to Final Inspection of First.Unit in Each Phase 122. Fire Facility Dedication. All fire facilities required by the project shall be dedicated to the City of Menifee. (City) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 RIVERSIDE COUNTY ENVIRONMENTAL HEALTH DEPARTMENT 951-955-8980 General Conditions for Each Phase 123. Eastern Municipal Water District. Eastern Municipal Water District (EMWD) water and sewer service is proposed for this project. It is the responsibility of the developer to ensure that all requirements to obtain water and sewer service for this project are met with EMWD, as well as all other applicable agencies. Any existing septic system(s) and/or well(s) must be properly abandoned under permit with the City. (City) Prior to Issuance of Building Permits for Each Phase 124. Existing Well. If found, the purported existing well located on lot 374 shall be destroyed at the time of the grading permit or will be used for grading water but this condition shall then be deferred PRIOR to building permit issuance for the dwelling to be placed on this lot. (County- 60.EHealth.001) 125. Water System Plans. A water system shall have plans and specifications approved by the water company and the Riverside County Department of Environmental Health. (County—50.EHealth.001) 126. Financial Securities. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by the City Attorney. (County—50.EHealth.002) 127. Sewer System Plans. A sewer system shall have mylar plans and specifications as approved by the City and the Riverside County Department of Environmental Health. (County - 50.EHealth.003) 128. Annexation Proceedings. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. (County—50.EHealth.004) 129. Water Supply Assessment Report. The applicant shall be required per AB 610 and 221 to provide a Water Supply Assessment Report to the Riverside County Department of Environmental Health. (County—50.EHealth.005) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 (this page left blank intentionally) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 CITY OF MENIFEE BUILDING AND SAFETY DIVISION 951-672-6777 General Conditions for Each Phase 130. Building Official. The proposed project shall adhere to all requirements of the Building Oficial. Construction drawings shall be in compliance with the 2007 California Building Code, or as subsequently updated by the State Building Standards Commission. Water, gas, sewer, electrical transformers, power vaults and separate fire/water supply lines (if applicable) must be shown on the final set of construction plans pursuant to the requirements of the Building Official. (City) 131. ADA Compliance. The project shall conform to all disabled access requirements in accordance with the State of California, Title 24, and Federal Americans with Disabilities Act (ADA), as applicable. (City) 132. Truck and Construction Related Activities. Truck and construction-related activities shall be restricted to between the hours of 7:00 a.m. and 7:00 p.m. Monday-Saturday. No construction is allowed at any time on federal and state holidays. Exceptions to these standards may be allowed only with prior written consent of the Building Official, per City Ordinance. (City) Prior to Issuance of Grading Permits for Each Phase 133. Grading Permits Required. Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. Improvements such as grading, filling, over excavation and recompaction, and base or paving. All grading shall conform to the California Building Code, Ordinance 457, and all other relevant laws, rules, and regulations governing grading in the City and prior to commencing any grading which includes 50 or more cubic yards. Grading in excess of 199 cubic yards will require performance security to be posted with the Building and Safety Division. Prior to the issuance of a grading permit, it shall be the sole responsibility of the applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. A notarized letter of permission, from the affected property owners or easement holders, is required for any proposed off site grading. (County— 10.BSGrade 002 and 003) 134. Rock Fall Hazards. A qualified geologist shall evaluate the potential for rock fall/hazards based on project-specific road improvement plans. (County EIR No. 445, Mitigation Measure 4.2-1) 135. Rock Outcrops. A qualified geologist shall perform inspections during site grading to assure that slope cuts in these areas (rock outcrops) do not expose or otherwise dislodge large rock outcrops that impact the residential building pads. (County EIR No. 445, Mitigation Measure 4.2-2) Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 136. Oversized Materials. Handling, processing, stockpiling, and disposal of oversized rock or earth material shall be conducted in accordance with the recommendations of the geotechnical/soils report as approved by the Building and Safety Division. (County EIR No. 445, Mitigation Measure 4.2-3) 137. Slope Protection. Drainage shall not be permitted to flow over slopes without proper slopes protection (re: slopes behind lots 417-419, 425-426 and 429 on the November 19, 2002 Tentative Tract Map, prepared by Hunsaker and Associates). The City shall review and approve the final drainage plan. (County EIR No. 445, Mitigation Measure 4.2-4 and 4.6-1) 138, Emissions Control. The following construction-related emissions control measures shall be implemented: (a) Off-road construction equipment built within the past ten years shall be utilized. (b ) Off-road construction equipment shall have low NOx tune-ups at least every 90 days. (c) Idling of trucks and heavy equipment shall be limited to ten minutes. (County EIR No. 445, Mitigation Measure 4.6-2) 139. Offsite Impacts. The following offsite-related emissions control measures shall be implemented: (a) Roadway lane closures shall be limited to off-peak travel periods. (b) Construction vehicles shall not be parked on heavily traveled roadways. (c) Receipt of materials shall be encouraged during non-peak traffic hours. (d) Ride-share incentives shall be provided for contractor and subcontractor personnel. (County EIR No. 445, Mitigation Measure 4.6-3) Prior to Issuance of Building Permits for Each Phase 140. Exported Soil. If soil is to be exported to or from the site during grading and other construction activities, the transported soil shall be sampled for contaminates by a qualified soils engineer to ensure that any contaminates are below regulatory limits. If contaminates are present, the soil shall be handled and transported in accordance with prevailing environmental laws and regulations, including Land Disposal Restrictions. (City) The undersigned warrants that he/she is an authorized representative of KB Home, that I am specifically authorized to consent to all of the foregoing conditions, specifically Resolution No. 09-93 Planning Application No. 2009-36 for the Second One-Year Extensions of Tentative Tract Map No. 30142 including those reorganized and added, and that I so consent as of the date set out below. G 2S 6.9 Signed Date /y/tN4t7. N. /CA.eY/tiMv,�TJ� ✓I&a 71AW.P006--m7- 4000 # Name (please print) Title (please print)