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PC09-010Resolution No. PC09-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE RECOMMENDING APPROVAL 2009-007 TM Quail Hill — Repke (TR 32794) Whereas, the applicant, Warren Repke, filed a formal application with the County of Riverside for a 152 single family lot subdivision located west of Goetz Road, east of Palm Road, between San Jacinto Road on the north and Avenida Robles on the south; and consisting of a Change of Zone 7051 to modify the existing zoning classification on approximately 13 acres adjacent to Goetz Road from General Residential (R-3) to One Family Dwellings (R-1) and to change approximately 18.88 acres associated with the on - site mountain and open space lot adjacent to Palm Drive (Street "D") from One Family Dwellings (R-1) to Open Area Combining Zone Residential Developments (R-5) and for Tentative Tract Map 32794; and Whereas, upon incorporation, Warren Repke, transferred his applications from the County of Riverside to the City of Menifee Whereas, City Staff carefully reviewed, considered and reviased conditions developed by the County; and Whereas, on November 10, 2009, the City of Menifee Planning Commission considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and mailed notice to property owners within 300 feet of the project site boundaries; and Whereas, at the public hearing all those wishing to be heard were heard, and, after considering the staff report and asking questions, the Planning Commission added four (4) conditions with the consent of the applicant; and Whereas, on November 10, 2009, the City of Menifee Planning Commission made the following findings for 2009-007 TR Quail Hill Repke: 1. The project site is designated Community Development: Medium Density Residential (MDR 2-5 dwelling units per acre) and Rural -Mountainous on the Sun City/Menifee Valley Area Plan and therefore the development is consistent with this location. 2. The project proposes modifying the boundaries between the Medium Density Residential and the Rural —Rural Mountainous designation on approximately 3 acres to more closely relate to the topographic features on the project site. Therefore this project is consistent with the General Plan. 3. The project site is surrounded by properties which are designated Community Development: Low Density Residential (LDR Y2 -1 acre minimums) and Medium Density Residential (MDR 2-5 dwelling units per acre) to the north. Community Development: Medium Density Residential (MDR 2-5 dwelling units per acre) and Commercial Retail (CR) to the south. Community Development: Low Density Residential (LDR Y2 -1 acre minimums), Medium Density Residential (MDR 2-5 dwelling units per acre) and Commercial Retail (CR) to east and Community Development: Medium Density Residential (MDR 2-5 dwelling units per acre) and Resolution PC09-101 Quail Hill Commercial Retail (CR) to the west. Therefore this project is compatible with the surrounding land uses designations 4. The proposed zoning for the subject site is One Family Dwellings (R-1) and Open Area Combining Zone Residential Developments (R-5). Therefore this project is consistent with the Zoning Designations 5. The proposed tentative tract is consistent with the development standards set forth in the One Family Dwellings (R-1) zone. 6. The project site is surrounded by properties which are zoned Multiple -Family Dwellings (R-2) to the north, Residential Agricultural — 10 acre minimum (R-A-10) to the south, One Family Dwellings (R-1) to the east and beyond Interstate 215 to the west, and Scenic Highway Commercial (C-P-S) to the northwest. Therefore this project is compatible with the surrounding Zoning designations. 7. This project is not located within a Criteria Area of the Multi -Species Habitat Conservation Plan. Therefore this project is compatible with the Multi -Species Habitat Conservation Plan. 8. An Environmental Assessment was prepared for the proposed project as revised. The Environmental Assessment determined that although the proposed project could have a significant effect on the environment, the impacts have been mitigated so there will not be a significant effect. A Mitigated Negative Declaration was prepared. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct. 2. 2009-0007 TM 2009-007 is hereby approved and is subject to the Conditions of Approval in Exhibit "A" to this Resolution as amended by the Planning Commission. PASSED, APPROVED AND ADOPTED this the 10th day of November, 2009, by the following vote: , AYES:���� ���/ �' �� �t Lei L.c/ G,7J✓1 nE�rr� NOES�,`n-C'Ak_) ABSENTOl60---) ABSTAIN: AVJ1� Mathew Lies*eyer, Chairman Attest: 2,L Ka by Bennett, City Clerk Exhibit CITY OF MENIFEE CONDITIONS OF APPROVAL 2009 007 TM Quail H►II Re ke TR32794 2009 Planning . 34 36, 40 and 41 were added at the November 10, italicized conditions No Commission Meeting GENERAL CONDITIONS ved Project permitted is for a Schedule A subdivision of 64.3 gross acres for 152 J. Appro The land division single family lots with 2 open space lots. a property owner's 2.improvements not maintained by Lighting and Landscape A Maintenance a Parks dnsim lardsimp Landscaping be annexed into All parks, landscaping owner must the City of Menifee association or individual property Maintenance District, or other mechanism as determined y ' dedication for parkland and park improvements shall be made 3. Park Dedication ark fees or dedic All Quimby or other p or paid to the City of Menifee. Street Sweeping annexed into CSA 152 or similar ineerct or mechanism 4. ro erty to be the City Engineer. Owner shall cause p p in as approved by for the NPDES BMP of street sweep g� Dedications Deof Menifee. 5. Fire Facility ject shall be dedicated to the City All fire facilities required by the pro tans, improvement plans, etc., shall include a g. Conditions in Construction Drawingading p following the cover sheet of such Any submittal of construction p poval �g full) immediately copy of these conditions of a plans. of these conditions to protest, in 7. 90 Days. s from the date of approvalosition of The project developer has 90 day as a r exactions imposed on this project procedures set forth in Government Code Section 66020, the im accordance with the p any and all fees, dedications, reservatioof thistproject. result of this approval or conditional approval the City is studying and g. Newly Incorporated City incorporated on October 1, 2008; act fee rocedures, processing and development impact The City of Menifee is a new City put in place various processing adopting its own ordinances, regulations, wwill identify, and p also will identify and fund structure. In the future the City provided. The City under CEQA through development impact fees. to cover the reasonable cost of the services mitigation measure Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) planning Commission November 10, 2009 planningthe costs of ng fees may include but are not limited to processing efees for ted, which fees oare ldesigned to Such f applications act of th services when development entitlement app develop future the full cost of such services, and development Toe the extent thattMenifeetmaye imp cover public improvements. T development proposed on p improvements constructed by financing districts to cover the costs of maintenance of Developer agrees to petition for formation of, annexation to or inclusion in any suchfinancing development, the cost of such formation, annexation or inclusion. such financing district and to pay ent fees and The developer ac knowledges it is on notice of the current de e I fee muunderstands must be met as that such fees will apply at the levels in effect at the time t specified herein. (applicant initials) 9. Indemnification the City and licant shall indemnify, protect, defend, and hold harmless, ees and The developer/applicant or instrumentality thereof, and/or any of its officers, employ County and any agency from any and all claims, actions, demands, and agents (collectively the "City and County) licant's performance or failure to liabilities arising or alleged to arise as the result of the app or the City's and County's approval thereof, or from any or County, or any agency or instrumentality perform under this Tentative Map proceedings against or brought against the City r an of their officers, employees and agents, to attack, set aside, void, annal,or seek ency or thereof, o Y from an action by the City or County, or any g damages resulting appeal board or legislative body including actions monetary agency, pp instrumentality thereof, of the City, concerning Change of Zone 7051 and 2009-007 TM Quail approved by Hill Repke (TR32794). 10. Subject to Conditions over excavation and re -compaction, and base or paving Improvement such as grading, filling, Department conditions which require a grading permit are subject to the included Engineering of approval. 11. Grading regulations Ordinance 457, and all other relevant All grading shall conform to the California Building Code, permit and regulations governing grading in Riverside County and prior to commencing png laws, rules g applicant shall obtain a g any grading which includes 5r0or entmore cubic yards, the from the Engineering Depart 12. Grading Permit Needed rubbing or any top soil disturbances Ordinance 457 requires a grading permit prior to clearing, g related to construction grading. 13. Minimum Drainage Grade drainage %except on portland cement concrete where 0.50% shall Minimum dr ga grade shall be 1 be the minimum. 14. Drainage and Terracing Provide drainage facilities and ted concrete to mat rracing in conformance with the match the adjacent soil. Grading Ordinance. All V-ditches shall be a tan colore Pa Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) plying Commission November 10, 2009 15. Slope Setbacks Observe slope setbacks from buildings and property lines per the Menifee Grading Ordinance % Blue Dot Reflectors private streets, public streets and Blue retro-reflective pavement markers shall be mounted on hydrants. Prior to installation, placement of markers must driveways to indicate location of fire Fire Department be approved by the Riverside Y V. Hydrant Spacing hydrants, (6"x4"x2 1/2") located one at each Schedule A fire protection approved standard fire by direction, with no portion of hydrant. Minimum fire flow shall ba d paced 660 GPM for 2 street intersection and spa 165 feet fromre ha by an 30 feet apart in any any lot frontage more than perimeter streets at each intersection hour duration at 20 PSI. Shall include p feet apart. 18. Deep Excavations Storm Drain Requirements ' the eotechnical report concludes that the di ep excavation for the storm drain a) While 9 implies that tunneling or jack can be accomplished with open cut trenches, it a s p boring may be required. conveying flows from the northern portion b) The major storm drain for this project shall be a minimum of 36-inches in diameter. ch c) The e southern portion shall be no lessstorm drain for that ae ofthan 0.005 ft// depth from the rim to the to the so p d) A manhole shaft safety ledge greater be than 20 feet.the shaftp invert of the storm d 9 19. Relocation of Inlet relocated drain inlet in the vicinity of Lots 149 - 150 shnitothe adjacent adjacent The storm lots so these lots do This may result in the natural flood plainofthe tributary flows. Maintenance access to the inlet not encroach into shall be provided. 20. Storm Flow year storm flow shall be The 10 year storm flow shall right of waycontained henheither of thesecriteriai exceeded, dstreet itional contained within the street right le way. property shall be graded to drain to the adjacent drainage facilities shall be installed. The prop Y or an adequate outlet. 21. Sump Outlet conditions shall be designed to convey the tributary 100 year Drainage facilities outletting sump escape shall also be provided. storm flows. Additional emergency 22. Map Drainage Patterns perpetuates the grading shall be designed in a manner that p p points and The property's street and lot g drainage areas, outlet p existing natural drainage patterns with respect to tributary the affected rty outlet conditions . Otherwise, a drainage easement shall be obtained y of the recorded drainage owners for the release of concenated the District rdvertfored storm flows. A copy easement shall be submitted to Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 23. Maintenance Notice purchasers of any lot within the The subdivider shall record sufficient individual v d al lots are arespons responsible for the maintenance of the subdivision that the owners easements shown on the final map. drainage facility within the drainage 24. Major Flood Control Facilities These shall/ b to both designed and constructed to and outlets The Major flood control facilities are being proposed. ardt materials, hydraulic City standards including those District early in tto he design process regarding applicant shall consult t design, and transfer of rights of way. 25. Energy Dissi pater Energy Dissipators, such as rip -rap, shall be installed at the outlet of a storm drain system that ed facility. The into a natural channel or an unmaintainthdoutlet,tors shall discharges runoff flow s be designed to minimize the amount of erosion downstream of the storm drain 26. Trash Racks talled at all inlet structures that collect runoff from open areas with Trash Racks sha ll be ins potential for large, floatable debris. 27. Human Remains ction 7050.5 ates that If human remains are encountered, State Health and Safety Co onee has made the tnecessary no further disturbance shall occur until the Riverside ceCounty n as to the treatment and Further, pursuant to Public Resource Code e dS10 action 5097.98(b) remains findings as to origin.final shall be left in place and free from disturbance until a disposition has been made. If the Riverside County Coroneron shall be contacted w'thinoa e Native American, the Native American Heritage Commis rame. Subsequently, the Native American all t en make recommendaonidentify reasonable timef descendant sh the "most likely descendant." The most likely ' consultation concerning the treatment of the remains as provided in Public and engage in Resources Code Section 5097.98. 28. Inadvertent Archaeological Find riot to ot round disturbance activities, unique cultural envionmental assessment conducted p n If during g and/or env assessed by the archaeological report(s) project approval, the following procedures shall be followed. association at cultural resources ea h other, but defined, for this condition, as being multiple artifacts ied to within gni feet of the may include fe wer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance. 1. All ground disturbance representative and the Planning is discovered cultural resources shall be halted until a tribal re 9 e convened between the developer, the archaeologist, the Native Amerind .ican tr the significance of the g Director to discuss the significance after of theeonsu ta2. tionhwith the Native Am concurrencrican le of the discoveries shall be discussedshall avoidance, etc.) re resentative and the archaeologist, de decision on (docbumen ationl, recovery, me within the p Planning Director, as to the appropriate path s been reached by all parties as to the appropriate or the cultural resources. 3. Grading of further ground disturbance shall no resume f until an agreement h area of the discovery mitigation. 0 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) planning Commission November 10, 2009 PRIOR TO FINAL MAP 29. Street Dedication Developer shall dedicate and improve Streets stwithg Drive, the p oject shall be dedic ted Local Street Standard (56' ROW, 36 curb to curb). All stre improved to their full width, as approved by the City Engineer. Johnson Lane, and San Jacinto Road shall be dedicated and improved to the satisfaction of the City Engineer. Developer shall dedicate and improve Goetz Road and m e overal mentsltohGoetz Road shall be for Arterial Mountain Highway (110' ROW, 64' curb to curb). Dedication p b the City full half width along project frontage, with sufficient taper lengths as approvedY Engineer. 30. Securities Developer shall improve, or secure cons�ou eme t . Thction of, all ps Agreement shall entering providing agreement for construction of public imp securities as required by the City Engineer and of a form approved by the City Attorney. 31. Design of Public Improvements riot to Developer shall design all public improvements, project is phased, alng off ll public limprovements within that phase recordation of any final map. If the p J appropriate to support that phase shall be and all improvements that the City Engineer deems appro p included in the design for that phase. 32. EMWD Approval and secure approval from EMWD for the installation of all water an Developer shall design sewer facilities needed to serve the subdivision. Design for all water and sewer facilities shall be completed prior to map recordation. 33. Easements public facilities shall be All easements necessary for the installation and maintenance of any p granted, to the satisfaction of the City Engineer. 34. Public Access Easement A Public Access Easement shall be granted, to the satisfaction of the City Engineer, to allow public access to and public use of Lot B. 35. Financial Arrangements Financial arrangements (securities posted) must be made for the water improvement plans an be approved by the City Attorney. 36. Sewer Sizingistrict regarding City and Developer shall work with EasternMunicipal r c p t to serveother portions of Quail/zing Valley. e proposed Goetz Road sewer trunk line to this is p 37. Sewer Plan by Eastern Municipal A sewer system shall have mylar plans of Environmental onmecifications ntal Health.s approved Water District and the Department Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) planning Commission November 10, 2009 38. Annexation Finalized applicable purveyor for sanitation service. Annexation proceedings must be finalized with the 39. Environmental Constraint Sheet/Hazardous Fire Area e City Environmental Constraint Sheet map must be stamped gs de County as sh wng note: The land division is located in the Hazardous F e Area" of R ve on a map on file with the City Clerk. Any building constructed ons contained inted by this Rivers de d County division shall comply with the special constructionp Ordinance 787.2. 40. CC&R's bmit to the Planning Department for the City Attorney to review The developer shall su and approve the following documents: 1) A cover letter identifying the project for which approval is sought referencing of this cover letter maybe the Planning Department case number(s) (a copyone sent to the Planning Department to serve here are any ques�o�s ctonce�ning as no individual to represent the land divider the review of the submitted documents; and 2) One (1) copy AND one (1) original, wet signed, notarized and ready for recordation declaration of covenants, conditions,al descriptionrestrictions; of the property to le these documents there shall be included a g included within the covenants, conditions and restrictions tamped by a Cal for�ia map or diagram of such boundaries, both signed and registered civil engineer or licensed land surveyor; and 3) A sample document conveying title to the p rch a er o an in i d al and t or unit which provides that the declaration restrictions is incorporated therein by reference; and, 4 A deposit equaling three (3) hours of the current hourly feefor to Re nance f Covenants, Conditions and Restrictions establishedpursuant No. 671 at the time the above referenced documents are submitted tot e City Attorney for review and approval. The declaration of covenants, conditions and restrictions for the establishment review shall a) provide for a minimum term of 60 years, b) provide or owner's association comprised of the owners f the commonf each d individual of unit as tenants in common, c) p ether property rovide for the ownership the property owner's association or the owners of each individual lot or unit as tenants in common, and d) contain the following provisions verbatim: 0 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) planning Commission November 10, 2009 in this Declaration to the contrary, the following "Notwithstanding any provision provisions shall apply. - The property owners' association established o herein lalrly des gibed as e and Lot A continuously maintain the common area, p art thereof, and Lot 8, and shall not sell or consent of theter the common area'or any Plann►ng Department of the City of Menifee. absent the prior written cons The home owners' association shall have the right maintaining assess sucheowners of 'common area, individual lot or un►t for the reasonable cost of a a such owner who defaults in the and shall have the right to lien the property Y a ment of a maintenance assessment. An assessmenttiln, nc essmetnd orhall payment be prior to all other liens oed lien subsequent to the lie other document creating the assessment The home owner members of the Home Owners Associationn all haveh n the first right of refusal to take over maintenance of each amenity o a w subdivision as each amenity or common area is completed. This Declaration shall not be terminated, 'substantially' the C amended, or pyoperty de - annexed there from absent the prior written consent munit Development Director of the City of Menifee. csa usage, proposed mainteamendmentnance of all be 'su stantial'if it affects the extent, 'common area considered ea' established pursuant to the Declaration. the In the event of any conflict between this Downers�asso�iation R/ ules and cles of Incorporation, the Bylaws, or the property Regulations, if any, this Declaration shall control." Once approved, the copy and the original declaration the Planning Department.conditionsand restrictions shall be forwarded by the City Attorney for the case file, and forward the The Planning Department will retain the one copy wet signed and notarized original declaration for covenantssafe keeping until the final map is ions and restrictions to the City Engineering Division ready for recordation. The City Engineering Division ons i- conjunction shall record thewitoriginal i inal declaration of covenants, conditions and restrict recordation of the final map. 41. Dark Sky Ordinance. The following Note Shall be placed on the Environmental Constraint Sheet (ECS): "This property is subject to lighting restrictions as mended touired by tted �e the effects of nighd e chapter 6.01, the `Dark Sky Ordinance, which a lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with the Dark Sky Ordinance." 7 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) planning Commission November 10, 2009 42. Roofing Material ed by the City Engineer with the following Environmental Constraint Sheet map must c stamped "A" material as per the California Building note: All buildings shall be constructed with c Code. 43. Fuel Modification Environmental Constraint Sheet map must be stamp ed o the shall prepare and submit to the g note: Prior to the issuance of a grading permit, the P ire department for approval a fire protection/vegetation management that should include ite fire ut f p reduce fire not limited to the following items: a) Fuedl modification oa icy) No oflammable walls la ong common breaks according to fuel load, slope an Emergency vehicle access into open space boundaries between rear yards and open space. d)meowner's association or areas shall be provided at intervals not to exceed gngce of all f� a protection measures within appropriate district shall be responsible for maintenance the open space areas. ANY HABITAT CONSERVATION (SSUE SHALL HAVE CONCURRENCE DEPARTMENTp DEPARTMENT FUEL MODIFICATION REQUIR WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER CONSERVATION AGENCY. 44. Water Plans (Fire) shall furnish one copy of the water system plans to the Fire The applicant or developer re for review. Plans shall be signed by a conform to hydrant type, location, spacingng a ) and Department Department approval signature block, and shall con the originals shall be minimum fire flow. Once plans are signed by the local water company, presented to the Fire Department for signature. 45. Prior to Combustible Building Material by the CityEngineer with the following Environmental redConstraintw system, inheet cluding ng must fire eshyd ants, shall be installed and an individual lot epted by the note. The required Ovate appropriate water agency prior to any combustible building material place 46. Secondary Access Access(s). In the interest of Public Safety, the projecthalhhla provide concurrence lrand approval o both the Said Alternate or Secondary Access(s) s Transportation Department and the Riverside County Fire Department. 47. Submit Plans grading plans, final map, environmental constraint sheet, A copy of the improvement plans, g g p documentation along with supporting BMP improvement plans, and any other necessary and hydraulic calculations shall be submitted appropriate to hoer ate p an checkAlle submittals hydrologiced by the engineer and include t pp p shall be date stamp 48. Drainage Easements "Drainage Onsite drainage facilities located outside of road behadodf way o shall elfinal map stating, ithin drainage easements shown on the final map. A note shall b easements shall be kept free of buildings and obstructions". 49.Offsite Drainage Facilities e recorded and a copy submitted to the City Offsite drainage facilities shall be located within dedicated bdrainage easements obtainedfrom the affected property owner(s). Documents) shall Conditions of Approval 2009-007 TM Quail Hill Rep (TR32794) 10, 2009 planning Commission November should prior to recordation of the final map. If the developer cannot obtain such rights, the map be redesigned to eliminate the need for the easement. 5o. Written Permission for Grading owners allowing the proposed Written permission shall be obtained from the affected property of the written the city grading and/or facilities to be installed outside for �ev ew and approval f the tract boundaries. A copy authorization shall be submitted to Y 51. Inspection and Maintenance of Flood Control Facility d with this Inspection an d maintenance of the flood control facilitylies to b engineere(owne) must Flood be performed by either the City or the Flood Control proposed system. The request shall request in writing that one of these agencies accept thehe prop prDistrict shall be addressed to project number, location, briefly describe the system to the D and lengths) and include note the p J proposed alignment. The request an exhibit that shows the prop g Division. If the District is the General Manager -Chief Engineer, Attn: Chief of the Planning accomplished prior to recordation willing to maintain the proposed facility three items must be l ma or starting construction of the drainage facility: 1) t e developer efor eight of way to be to of the final p title reports, plats and legal descriptions the District the preliminary to the District and secure that right of waartners must be (executed District; testablishes conveyedmaintenance p plans for the facility agreement with the District and any operation and maintenance; and 3) the terms and conditions of inspection, op an agreement must t submitted e signed by the District's General Manager -Chief awgineer. The plans cannot be signed must b 9 application to d p prior to execution of the agreement. An app of way transfer issues to the attention of the District's Administrative f Way Section. The ervices Secton.right will need must be coordinated with the District s Right of Way of submit roof of flood control facility bonds and a ceescheduled Inspection section befoinsurance to the Districts to pre apre-construction meeting can be 52. Landscape and Lighting District District 89-1 for the maintenance of The developer shall annex into the Landscape an rilatetldrainage facilities, to the satisfaction of landscaping, street lights, traffic signals and app p the City Engineer 53. Trail Easement the applicant shall offer for Prior to or in conjunction with the recordation of the final map, easement on the west side of dedication to the City of Menifee an easement for trails showpurposes. Basis easement shall be as show shown on the approved trails plan. The trails plans a Goetz Road in accordance with the Sun City/Menifee Area Plan. PRIOR TO ISSUANCE OF GRADING PERMIT 54. Final Map in which a grading permit is being requested, A final map shall be recorded for the project prior to any grading permit being issued. 55. Drainage Facilities and Final Street Grades roved by the City Engineer, All drainage facilities shall dsigned and final street grades approved prior to grading permit issuance. E Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 56. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the applicant shall comply with fee set forth in that ns of Ordinance No. 663, which generally requires the payment of the appropriate ordinance. The amount of the fee required to be paid may vary depending upon a variety of of development application submitted and the applicability of any fee factors, including the type reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculatein d on the approved development project which is anticipated to be 80.11 acres (gross) ment is subsequently revised, this accordance with APPROVED EXHIBIT NO. A. rlIfflectthethe erevpised development project acreage acreage amount may be modified in order amount. In the event Ordinance No. 66 i 663berescinded is land sullpersededg by ba applicable. However, should Ordinance subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 57. Fees. Prior to the issuance of grading permits of the deposit basednfeesu If thelfeespaee in a Planning Department shall determine the statusp status, the permit holder shall pay the outstanding balance. 58. Securitieserosion Securities guaranteeing the installation approved Grading Plans,drainage, ansh II be provided prior to to permit being rol improvements shown on the pp issued. Guarantees shall be as required by the City of Menifee Grading Ordinance, and the City Engineer. 59. Regional Water Quality Control Board All requirements of the RWQCB for compliance with NPDES regulations or other water quality standards shall be complied with. 60. Grading Bonds be Grading in excess of 199 cubic yards willrequireperformance is graded one lot per permit and proposing d with the Engineering Department. Single Family g to grade less than 5,000 cubic yards are exempt. 61. Mitigation Monitoring The permittee shall prepare and submit a written mitigation report to the lmeasurer demonstrating sof thisproject and compliance with those conditions of approval Environmental Assessment which must be satisfied nspectionior to e orsotheremo toringof a i to ensure The Community Development Director mayrequire such compliance 62. Fugitive Dust The project developer shall implement fugitive District (SCAQMD) uRulen403coThe cproject e with Southern California Air Quality Manage ment developer shall include in construction contracts tithe control measures required under Rule 403 at the time of development, including the following: a) Use watering to control dust generation during demolition of structures or break- up of pavement. The construction area and vicinity (500-foot radius) must be 10 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 swept (preferably with water sweepers) and watered at least twice daily. Site re wetting must occur often enough o�in a'activit es Alel r unpavedent surface dem lit onsoilsand content throughout all earth 9 construction areas shall be wetteddaily at least twice deeduce du t emissions excavation and construction, and temporary dust covers shall be usedt and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50 percent; Water active grading/excavation sites and unpaved surfaces at least three times daily; All paved roads, parking and staging areas must be watered at least once every two hours of active operations; Site access points must be swept/washed within thirty minutes of visible dirt deposition; b) c) d) e) Sweep daily (w/ water sweepers) all paved parking areas and staging areas; fl 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 surfaces must be watered on a daily basis when there is evidence of wind drive fugitive j) Install wind breaks at the windward sides of construction areas; k) Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; 1) Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust; m) All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; n) All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o) Traffic speeds on unpaved roads must be limited to 15 miles per hour; p) Provide daily clean-up of mud and dirt carried onto paved streets from the site; 11 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; q) r) All materials transported off -site shall b dust; sufficiently watered or securely covered to prevent excessive amount s) Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and n site that t) An information sign shall be posted ahoues and provides a telephonelentrance to each onumber to identifies the permitted construe call and receive information about the construction project Treasonable to report complaints regarding excessive fugitive dust generation. complaints shall be rectified within 24 hours of their receipt. 63. Slope Erosion Control Plans Erosion control -landscape plans, requ gistered landscape architect and d for manufactured slopes tbonded per the vertical height, are to be signed by a reg requirements of Ordinance 457, see form 284-47. 64. Geotechnical Soils Report permit, shall be submitted to Geotechnical soils reports, required in order to obtain a grading p rior to issuance of a the Engineering Department's Grading Division for review and approvalp grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the Engineering Department The geotechnical/soils, compaction and inspection reports will be reviewed in GUIDELINES FOR REVIEW OF accordance with UNTY GEOTECHNICAL GEOTECHNIthe DCALOAND GEOLOGIC REPORTS. 65. Drainage Design All grading and drainage shall be designed if accordance approval c regarding Riverside this application. If Control not & Water Conservation District s conditions o specifically addressed in their conditions, drainage Bondi ion al approval of this applicationned to accommodate T storm flows. Additionally, the Engineering Department's Ian reviewed and approved for it complies includes an expectation that the conceptual grading p or can comply with any WQMP (Water Quality Management Plan) required by Riverside County Flood Control and Water Conservation District. 66.Offsite Grading Responsibility Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed orrequiredeasements and/or permissions necessary to perform the grading herein proposed. 67. NPDESISWPPP applicant Prior to issuance of any grading or construction evidence dence of compliance with he following: Effective shall provide the Engineering Departmon projects are with March 10, 2003 owner operators of grading or c Eliminonsation System) requirement o obtain ay the N.P.D.E.S. (National Pollutant Discharge 12 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of "ONE" acre or larger. The owner operator can comply by submitting a "Notice of Intent" (NOI), develop and implement a STORM WATER POLLUTION PREVENTION PLAN (SWPPP) and a monitoring program and reporting plan for the construction site. For additional information and to obtain a copy of the NPDES State Construction Permit contact the SWRCB at (916) 657-1146. Additionally, at the time the City adopts, as part of any ordinance, regulations specific to the N.P.D.E.S., this project (or subdivision) shall comply with them. 68. import/Export of Material In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the Engineering Department. If an Environmental Assessment, prior to issuing a grading permit, did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director and the Environmental Programs Director for review and comment and to the Public Works Director for approval. Additionally, if the movement of import/export occurs using county roads, review and approval of the haul routes by the Engineering Department will be required. 69. Required Easement A recorded easement is required for offsite drainage facilities. 70. Drainage Easement A recorded drainage easement is required for lot -to -lot drainage. The lot -to -lot drainage easement is to be maintained by the HOA or professional group. 71. Fuel Modification Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following items: a) fuel modification to reduce fire loading b) appropriate fire breaks according to fuel load, slope and terrain. c) non flammable walls along common boundaries between rear yards and open space. d) emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500 feet e) a homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within open space areas. ANY HABITAT CONSERVATION ISSUESHALL HAVE CONCURRENCE DEPARTMENT FUEL MODIFICATION REQUIREMENT, WITH THE RESPONBILE WILDLIFE AND/OR OTHER CONSERVATION AGENCY. 72. Plan Submittals A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic o lculattheions issuancshale be of submitted to the City for review. The plans must receive City approvalp grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check fee deposit. 73. Temporary Erosion Control s shall be implemented immediately following rough Temporary erosion control measure rto the City forreview. or drainage facilities. Plans grading to prevent deposition of deb showing these measures shall be submitted 13 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 74. Encroachment Permit An encroachment permit shall be obtained for any work within the District right of way or with District facilities. The encroachment permit application shall be processed and approved concurrently with the improvement plans. 76. Map Phasing If the tract is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows. 76. Filtration Impervious areas shall be graded or constructed to drain to a filtration BMP or equally effective alternative. Filtration BMPs can be found in the attachment to Supplement A, "Selection and Design of Stormwater Quality Controls". 77. Trail Plan Prior to the issuance of any grading permits, the applicant shall submit a trails plan to the Planning Department for review and approval. This trails plan shall show the trail with all topography, grading, fencing, cross sections, signage program, street crossings and under crossings and landscaping. 78. Burrowing Owl Pursuant to Objective 6 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre -construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the County Biologist. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided. However, when the Burrowing Owl is present, active relocation outside of the nesting season (March 1 through August 15) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. PRIOR TO ISSUANCE OF BUILDING PERMIT 79. Street Improvements Street improvements serving the lots for which building permits are being sought shall be installed, to the satisfaction of the City Engineer. 80. Water Lines All water lines and fire hydrants shall be installed to the satisfaction of the City Engineer and the Fire Marshall. 81. Sewer Facilities All sewer facilities required to serve the lots being permitted shall be completed to the satisfaction of the City Engineer and EMWD. 14 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 82. Erosion Control All grading, drainage and erosion control facilities shall be installed, to the satisfaction of the City Engineer. 83. Undergrounding of Utilities All electric and communication facilities shall be installed underground within the boundaries of the subdivision and on the abutting roads, with the exception of Palm Drive. 84. Grading Permit Prior to issuance of any building permit, the property owner shall obtain a grading permit and/or approval to construct from the Grading Division of the Engineering Department. 85. Landscape Plans The land divider/permit holder shall file seven (7) sets of a Landscaping and Irrigation Plan to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to County Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The plan shall be in compliance with Section 18.12, Sections 19.300 through 19.304., and the TENTATIVE MAP conditions of approval. The plan shall show all common open space areas. The plan shall address all areas and conditions of the tract requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping, and individual front yard landscaping). Emphasis shall be placed on using plant species that are drought tolerant and low water using. The plans shall provide for the following: 1. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems are encouraged. 2. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Department. Utilities shall be placed underground. 3. Any required landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 4. Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs, and specimen trees in conjunction with meandering sidewalks, benches, and other pedestrian amenities where appropriate as approved by the Planning Department. 5. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 6. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. 7. All specimen trees and significant rock outcroppings on the subject property intended for retention shall be shown on the project's grading plans. Replacement trees for those to be removed shall also be shown. 8. All trees shall be minimum double -staked. Weaker and/or slow -growing trees shall be steel - staked. 9. Multi -programmable irrigation controllers which have enough programs to break up all irrigation stations into hydro zones shall be used. If practical and feasible, rain shutoff devices shall be employed to prevent irrigation after significant precipitation. Irrigation systems shall be designed so areas which have different water use requirements are not mixed on the same station (hydro zones). Assistance in implementing a schedule based on plant water needs is available from CIMIS or Mobile Lab. The use of drip irrigation should be considered for all planter areas that have a shrub density that will cause excessive spray interference of an overhead irrigation system. Use flow reducers to mitigate broken heads next to sidewalks, streets, and driveways. (BMP S2) 10. Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where 15 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 possible. (BMP S3) 11. All landscaping shall be in substantial conformance with the landscaping plan of the SMALL LOT DEVELOPMENT PLAN and the SPECIFIC PLAN design guidelines. NOTES: The Landscape plot plan my include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineering Department and Planning Department. 86. Walls and Fences The land divider/permit holder shall file seven (7) sets of a Wall/Fencing Plan to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to County Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The plan shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval. 1. The plan shall show all project fencing including, but not limited to, perimeter fencing, side and rear yard fencing, and open space or park fencing. A typical frontal view of all fences shall be shown on the fencing plan. 2. All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments, as approved by the Planning Department. NOTE: The requirements of this plot plan may be incorprorated with any minor plot plan required by the conditions of approval for this subdivision. However, this WALL/FENCING PLAN condition of approval shall be cleared individually. 87. Monument Entry The land divider/permit holder shall file four (4) sets of an Entry Monument and Gate plot plan to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to County Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The plan shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval. The plot plan shall contain the following elements: 1. A color photo - simulation of a frontal view of all/the entry monument(s) and gate(s) with landscaping. 2. A plot plan of the entry monuments) and/or gate(s) with landscaping drawn to an engineer's scale. If lighting is planned, the location of lights, their intended direction, and proposed power shall be indicated. 3. An irrigation plan for the entry monument(s) and/or gate(s). NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by the conditions of approval for this subdivision. However, this ENTRY MONUMENT and GATES PLAN condition of approval shall be cleared individually. 88. Model Home Complex A plot plan application shall be submitted to the Planning Department pursuant to Section 18.30.a.(1) of County Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The Model Home Complex plot plan shall contain the following elements: 1. An engineer's scaled plan showing the model home lots, lot numbers, tract number, and north arrow. 2. Show front, side and rear yard setbacks. 3. Provide two dimensioned off street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. 4. Show detailed fencing plan including height and location. 5. Show typical model tour sign locations and elevation. 6. Six (6) sets of 16 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 photographic or color laser prints (8" X 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Planning Department has reviewed and approved the sample board and colored elevations. Six (6) matrix sheets showing structure colors and texture schemes shall be submitted. 7. Provide a Model Home Complex landscape and irrigation plan. NOTES: The Model Home Complex plot plan shall not be approved without Final Site Development Plan approval, or concurrent approval of both. See the Planning Department Model Home Complex application for detailed requirements. The requirements of this plot plan may be incorporated with any minor plot plan required by the subdivision's conditions of approval. However, this MODEL HOME COMPLEX condition of approval shall be cleared individually. 89. Concrete Driveway The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 90. Front Yard Landscaping All front yards shall be provided with landscaping and automatic irrigation, as defined by County Ordinance No. 348. 91. Acoustical Study The land divider/permit holder shall cause an acoustical study to be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce the irst and second story ambient interior and exterior levels to 45 Ldn and 65 Ldn, respectively. The study shall be submitted, along with the appropriate fee, to the County Environmental Health Department - Industrial Hygiene Division for review and approval. The approved mitigation measures, if any, shall be forwarded from the Environmental Health Department to the County Department of Building and Safety and the City of Mneifee Planning Department for implementation into the final building plans. The acoustic study shall be in substantial conformance with the acoustic study prepared with the TENTATIVE MAP review. 92. Tract Water Verification The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water plans must be at the job site. 93. Plan Submittal A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City for review. The plans must receive City approval prior to the issuance of building permits. All submittals shall be date stamped by the engineer and include the appropriate plan check fee deposit. PRIOR TO FINAL INSPECTION 94. Slope Planting Plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical 17 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 height shall be planted with additional shrubs or trees as approved by the Engineering Department's Erosion Control Specialist. 95. Finished Grade and Drainage Finish grade shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one-half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. 96. No Occupancy No occupancy of Lots 112 - 152 shall be permitted until the storm drain serving this portion of the site is functional. Should installation of this storm drain become infeasible, lot density in this area of the development would need to be decreased and the tract would have to be substantially redesigned. This would almost certainly require that the project go back through the tentative approval process. 97. BMP Education The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of stormwater quality to all initial residents. The developer may obtain NPDES Public Educational Program materials from the District's NPDES Section by either the District's website www.rcflood.org, e-mail fcnpdes@co. riverside. ca. us, or the toll free number 1-800-506-2555. Please provide Project number, number of units and location of development. Note that there is a five-day minimum processing period requested for all orders. The developer must provide to the City's PLAN CHECK Department a notarized affidavit stating that the distribution of educational materials to the tenants is assured prior to the issuance of occupancy permits. 98. Trail Construction Prior to the issuance of the 80th building permit, the applicant shall build the trail as shown on the approved trails plan. The applicant shall arrange for an inspection of the constructed trail with the Riverside County Regional Park and Open -Space District. 99. DIF Fees Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of Riverside County Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Riverside County Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The fee shall be paid for each residential unit to be constructed within this land division. In the event Riverside County Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 18 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission November 10, 2009 100. Open Space Fees Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of Riverside County Ordinance No. 810, which requires payment of the appropriate fee set forth in the Ordinance. Riverside County Ordinance No. 810 has been established to set forth policies, regulations and fees related to the funding and acquisition of open space and habitat necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance. The fee shall be paid for each residential unit to be constructed within this land division. In the event Riverside County Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 101. TUMF Fees Prior to the issuance of an occupancy permit, the project proponent shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to Ordinance No. 824. 102. Erosion Control All grading, drainage and erosion control devices shall be installed and inspected prior to occupancy The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Name (please print) Date Title (please print) 19 Conditions of Approval 2009-007 TM Quail Hill Repke (TR32794) Planning Commission October 13, 2009 The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. — d1a" Signed 11-'-6-- Q� Date \;�)APZREN1 REEKS Ob")VA6 rz Name (please print) Title (please print)