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PC09-012Resolution No. PC09-012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING TENTATIVE PARCEL MAP NO. 34318 TO SUBDIVIDE THE MENIFEE LAKES PLAZA SHOPPING CENTER INTO 15 COMMERCIAL PARCELS. Whereas, in December 13, 2005, the applicant, Larry Markham, filed a formal application with the County of Riverside for Tentative Parcel Map #34318 to subdivide 16.35 acres into fifteen (15) commercial parcels; and, Whereas, on November 10, 2009, the Planning Commission held a duly noticed public hearing on Tentative Parcel Map #34318, considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of the project site boundaries. Whereas, at the November 10, 2009 Planning Commission public hearing, the Commission found that: 1. The project site is within Specific Plan No. 158 Planning Area 1-1 which designates the site for commercial uses. In addition, the project site is designated as Commercial Retail (CR) (0.20-0.35 floor area ratio) on the Sun City/Menifee Area Plan which reflects the specific plan land use. 2. The proposed subdivision of 16.35 gross acres into fifteen (15) commercial parcels, is a permitted use in theCommercial Retail (CR) (0.20-0.35 floor area ratio designation). 3. The proposed project is located within the Highway 79 Policy Area, but as a commercial project, it is not subject to the policy area's requirements. 4. The project site is surrounded by properties which are designated Commercial Retail (CR) (0.20-0.35 floor area ratio) to the south and west and Medium Density Residential (MDR) (2-5 dwelling units per acre) to the north and east. 5. The zoning for the subject site is Specific Plan No. 158, Planning Area 1-1 (Scenic Highway Commercial). 6. The proposed subdivision of 16.35 gross acres into fifteen (15) commercial parcels, is a permitted use within Specific Plan No. 158, Planning Area 1-1. 7. The proposed subdivision of 16.35 gross acres into fifteen (15) commercial parcels, is consistent with the development standards set forth within Specific Plan No. 158, Planning Area 1-1. 8. The project site is surrounded by properties which are zoned Specific Plan No. 158, Planning Area 1-2 (One -family, two-family and multi -family dwellings) to the north and east, Specific Plan No. 158, Planning Area 2-7 (Scenic Highway Commercial) to the south, and Newport Hub Specific Plan No. 248, Planning Area 1 (Scenic Highway Commercial) to the west. Resolution No. PCO-012 Tentative Parcel Map No. 34318 — Commercial Subdivision for the Menifee Lakes Plaza 9. The proposed subdivision of 16.35 gross acres into fifteen (15) commercial parcels is consistent with the Schedule E map requirements of Ordinance No. 460 and all other applicable provisions. 10. Commercial uses have been constructed and are operating to the south and west of the project site. 11. This project is not located within a Criteria Area of the Multi -Species Habitat Conservation Plan. 12. Environmental Assessment No. 40567 identified the following potentially significant impacts: cultural resources; hazardous materials; noise; and transportation and circulation. These impacts will be fully mitigated by the measures indicated in the environmental assessment, conditions of approval, and attached letters. No other significant impacts were identified. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: The Findings set out above are true and correct. 2. Tentative Parcel Map No. 34318 for the subdivision of 16.35 acres into fifteen (15) commercial parcels is approved, subject to the Conditions of Approval as set forth in Exhibit "A" to this Resolution and as approved by the Planning Commission on November 10, 2009. PASSED, APPROVED AND ADOPTED this 10th day of November 2009, by the following vote: AYES, ` NOES:-h()JUG, ABSENT: `nb Y-U ABSTAIN: 'Y_lbru., Attest: Kathy Bennett, City Clerk & Planning Commission Secretary 2 EXHIBIT "A" Conditions of Approval for Tentative Parcel Map No. 34318 Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Flood Control District Conditions of Approval Section V: Riverside County Fire Department Conditions of Approval Section VI: Riverside County Environmental Health Conditions of Approval Conditions of Approval PM34318 1 of 23 Section I: Conditions Applicable to all Departments Conditions of Approval PM34318 2 of 23 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Commercial Parcel Map No. 34318 shall be henceforth defined as follows: TENTATIVE MAP = Tentative Commercial Parcel Map No. 34318, Amended No. 1, dated March 4, 2009. FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. 2. Description. The land division hereby permitted is for a Schedule E Subdivision of 16.35 gross acres into fifteen (15) commercial parcels ranging in size from 0.62 gross acres to 2.41 gross acres. 3. 90 Days. The developer/owner has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. ' 4. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Plot Plan or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Environmental Assessment No. 40567, Plot Plan No. 2009-052, Conditional Use Permit No. 3487, Conditional Use Permit No. 2009-084, Conditional Use Permit No. 2009-085, Tentative Parcel Map No. 34318 and Variance No. 1782. 5. City of Menifee. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. 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 Conditions of Approval PM34318 3 of 23 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. (applicant initials) 6. Newly Incorporated City. On October 1st, 2008 the City of Menifee incorporated. At the time the City incorporated it was required to accept all the laws and ordinances of the County of Riverside. Over time the City will change these ordinances either by name or content. The applicant or successor in interest of this project will be subject to ordinances of the City of Menifee and not those of the County of Riverside that the City has jurisdiction over. Therefore, any condition of approval listed in this project that references a County of Riverside Ordinance, will in fact be subject to the equivalent City ordinance or subsequent ordinance introduced by the City. The applicant or their successor in interest by accepting these conditions also agrees to accept the equivalent City ordinance or subsequent ordinance introduced by the City. 7. Comply with Ordinance 460. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule E, unless modified by the conditions listed herein. 8. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the Menifee City Council's original approval date, unless extended as provided by County Ordinance No. 460. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires before the recordation of the final phase, no further FINAL MAP recordation shall be permitted. Conditions of Approval PM34318 4 of 23 Section II: Planning Conditions of Approval Conditions of Approval PM34318 5 of 23 General Conditions 9. Building Plans. The developer shall cause building plans to be submitted to the City of Menifee for review by the Department of Building and Safety - Plan Check Division. Said plans shall be in conformance with the approved TENTATIVE MAP. ARCHEOLOGY 10. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable timeframe. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. 11. Inadvertent Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance. 1) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Native American tribal representative and the Planning Director to discuss the significance of the find. 2) At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal representative and the archaeologist, a decision shall be made, with the concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3) Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. FEES 12. Subsequent Review. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading or building plan Conditions of Approval PM34318 6 of 23 review or review of any mitigation monitoring requirement, shall be reviewed on an hourly basis, or other appropriate fee, as listed in Ordinance No. 671. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. 13. Ordinance 659 Fees. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The fee shall be paid for each acre within this land division. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should 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. Prior to Final Map 14. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the developer/owner shall cause the real property included within the TENTATIVE MAP, or any partthereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Transportation Department - Survey Division requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. 15. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 16. CC&Rs. The applicant shall notify the Planning Department that the following documents shall be submitted to the Office of the City Attorney and submit said documents to Planning Department for review along with the current fee, which documents shall be subject to City Attorney review: a. A cover letter identifying the project for which approval is sought; b. A signed and notarized declaration of covenants, conditions and restrictions; c. A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, d. A deposit equaling three (3) hours at the current hourly rate for the Review of Covenants, Conditions and Restrictions as established pursuant to Ordinance No. 671 at the time the above documents are submitted for review by the City Attorney. The declaration of covenants, conditions and restrictions submitted for review shall a) provide for a minimum term of 60 years, b) provide reciprocal Conditions of Approval PM34318 7 of 23 easements for ingress, egress and parking, c) provide for the establishment of a maintenance operator, and d) contain the following provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: The Maintenance Operator established herein shall manage and continuously maintain the 'landscape area', more particularly described on Exhibit 'L', attached hereto. The Maintenance Operator shall have the right to assess the owners of each individual parcel for the reasonable cost of maintaining such 'landscape area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This Declaration shall not be terminated, 'substantially' amended, or property de -annexed therefrom absent the prior written consent of the Planning Director or the successor -in- interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' or any reciprocal easement established pursuant to the Declaration." Once approved by the City Attorney, the declaration of covenants, conditions and restrictions shall be recorded by the Planning Department with one copy retained for the case file, and one copy provided to the Engineering Department. 17. ECS. The developer/owner shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. 18. Dark Sky Ordinance. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by the Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with the Dark Sky Ordinance. 19. Survey Checklist. The Engineering Department shall review any FINAL MAP and ensure compliance with the following: A. All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. B. All lots on the FINAL MAP shall comply with the length to width ratios, as established by Section 3.8.C. of Ordinance No. 460. Conditions of Approval PM34318 8 of 23 C. The common open space areas shall be shown as numbered lots on the FINAL MAP. D. The total number of commercial lots on the final map shall be 15. FEES 20. Fees. Prior to recordation, the Planning Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the developer/owner and/or the developer/owner's successor -in -interest. Prior to Issuance of Grading Permit 21. No Grading Permits. PM34318 is a Schedule E subdivision. No grading permits shall be issued pursuant to this subdivision. Prior to Issuance of Building Permit 22. No Building Permits. PM34318 is for a Schedule E subdivision. No building permits shall be issued pursuant to this subdivision. ' Conditions of Approval PM34318 9 of 23 Section III: Engineering/Transportation/ Grading Conditions of Approval Conditions of Approval PM34318 10 of 23 General Conditions 23. Traffic Study. The Riverside County Transportation Department has reviewed the traffic study submitted for the referenced project. The study has been prepared in accordance with County -approved guidelines. We generally concur with the findings relative to traffic impacts. The General Plan circulation policies require a minimum of Level of Service 'C', except that Level of Service 'D' may be allowed in community development areas at intersections of any combination of secondary highways, major highways, arterials, urban arterials, expressways or state highways and ramp intersections. The study indicates that it is possible to mitigate the project's impacts for the following intersections based on the traffic study assumptions. Haun Road (NS) at: Newport Road (EW) 1-215 Southbound Ramps (NS) at: Newport Road (EW) 1-215 Northbound Ramps (NS) at: Newport Road (EW) Antelope Road (NS) at: Balsa Road (EW) Pampas Street (EW) Palm Villa Drive (EW) Newport Road (EW) La Piedra Road (EW) Menifee Road (NS) at: Newport Road (EW) As such, the proposed project is consistent with this General Plan policy. The associated conditions of approval incorporate mitigation measures identified in the traffic study, which are necessary to achieve or maintain the required level of service. 24. Downstream Properties. The developer/owner 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: Conditions of Approval PM34318 11 of 23 "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the Transportation Department. 25. Off -site Drainage. The developer/owner shall accept and properly dispose of all off -site drainage flowing onto or through the site. In the event the Transportation Department permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities and/or appropriate easements as approved by the Transportation Department. 26. Ordinance 460/461. With respect to the conditions of approval for the referenced tentative exhibit, the developer/owner shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with Ordinance 460 and Road Improvement Standards (Ordinance 461) and as approved by the City Engineer. 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. All questions regarding the true meaning of the conditions shall be referred to the City Engineer. Prior to Final Map 27. Traffic Signals. The project developer/owner shall be responsible for the design of traffic signal(s) at the intersections of: Antelope Road (NS) at: Pampas Street (EW) Palm Villa Drive (EW) Newport Road (EW) (modification) with no fee credit given for Traffic Signal Mitigation fees or as approved by the City Engineer. 28. Geometrics Newport Road and project driveway (right -in only) • Eastbound: Three through lanes • Westbound: Three through lanes, one right -in -only turn lane (five through lanes will be provided with the ultimate 1-215/Newport Road Interchange) Newport Road and Antelope Road intersection area • Northbound: two left -turn lanes, one through lane, one shared through/right-turn lane Conditions of Approval PM34318 12 of 23 Southbound: two left -turn lanes, one through lane, one shared through/right-turn lane, and one right turn lane. Eastbound: two left -turn lanes, two through lanes, one shared through/right- turn lane Westbound: one left -turn lane, two through lanes, one shared through/right-turn lane Antelope Road at Palm Villa Drive: • Northbound: one left -turn lane, one through lane, one shared through/right-turn lane, begin 8' bike lane • Southbound: one left -turn lane, one through lane, one shared through/right-turn lane, end 8' bike lane • Eastbound: one left -turn lane, one shared through/right-turn lane • Westbound: one left -turn, one shared through/right-turn lane Antelope Road at Pampas Street: • Northbound: one left -turn lane, one through lane, one shared through/right-turn lane, 8' bike lane • Southbound: one left -turn lane, one through lane, one shared through/right-turn lane, 8' bike lane • Eastbound: one left -turn lane, one shared through/right-turn lane • Westbound: one left -turn, one shared through/right-turn lane Antelope Road at Balsa Road intersection: • Northbound: one left -turn lane, one through lane, one shared through/right-turn lane, one 8' bike lane • Southbound: one left -turn lane, one through lane, one shared through/right-turn lane, one 8' bike lane • Eastbound: one shared left-turn/through/right-turn lane • Westbound: one shared left-turn/through/right-turn lane Antelope Road and Project Driveway between Balsa Road and Pampas Street: • Northbound: two through lanes, 8' bike lane • Southbound: two through lanes, 8' bike lane • Eastbound: one right -turn lane • NOTE: Driveway will be restricted to right -turns in and out only. Antelope Road and Proiect's northern most driveway: • Northbound: two through lanes, 8' bike lane • Southbound: one through lane, one shared through/right-turn lane, 8' bike lane • Eastbound: one right -turn lane • NOTE: Driveway will be restricted to right -turns in and out only. Or as approved by the City Engineer. All improvements listed are requirements for interim conditions only. Full right-of-way and roadway half sections adjacent to the property for the Conditions of Approval PM34318 13 of 23 ultimate roadway cross-section per the City's Road Improvement Standards and Specifications must be provided. Any off -site widening required to provide these geometrics shall be the responsibility of the landowner/developer. 29. Improvement Plans. Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineering Department. Completion of road improvements does not imply acceptance for maintenance by City. 30. Soils & Pavement Report. The developer/owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of-way. 31. Caltrans. Prior to issuance of construction permits, grading and drainage plans shall be forwarded to Caltrans for their review. The grading and drainage plans shall identify site runoff impacts to the right-of-way and include potential for erosion within the right-of-way. The plans shall identify the capacity of existing drainage structures within the right-of-way where connections between private and Caltrans systems are proposed. Existing capacity of affected State drainage systems cannot be exceeded. Should 100 year project runoff volumes be determined to exceed the maximum capacity of the existing State drainage facilities, construction of on -site detention basins, new drainage systems or other impact mitigation will be required. An encroachment permit will be required from Caltrans prior to any construction within the State right-of-way. In addition, all work undertaken within the right-of-way shall be in compliance to all current design standards, applicable policies .and construction practices. 32. Final Map to Caltrans. A copy of the final map shall be submitted to Caltrans, District 08, Post Office Box 231, San Bernardino, California 92403; Attention: Project Development, for review and approval prior to recordation. 33. 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. 34. Lot Access. Lot access shall be restricted on Newport Road and so noted on the final map, with the exception of right -in driveway located 260' approximately west of Antelope Road. 35. Coordinate Street Design. The street design and improvement concept of this project shall be coordinated with Newport Road/1-215 interchange project, 135-0682. Conditions of Approval PM34318 14 of 23 36. 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. The striping plan shall provide striping for an eight -foot bike lane on Antelope Road from Palm Villa Drive to the north most project limit. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Traffic Engineer. 37. Landscaping in Right -of -Way. The project developer/owner shall comply in accordance with landscaping requirements within public road rights -of -way, in accordance with Ordinance 461. Landscaping shall be improved within Newport Road. Landscaping plans shall be submitted on standard City Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. If landscaping maintenance to be annexed to a Landscaping and Lighting Maintenance District, landscaping plans shall depict ONLY such landscaping, irrigation and related facilities as are to be placed within the public road rights -of -way. 38. Streetlight Plan. A separate street light plan is required for this project. 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 County of Riverside Ordinance 461, Standard No's 1000 or 1001. For projects within Imperial Irrigation District (IID) use IID's pole standard. 39. Corner Cutbacks. The corner cutback at intersection of Newport Road and Antelope Road shall be applied per Standard 805, Ordinance 461. 40. L&LMD. The project developer/owner shall contact the Transportation Department L&LMD 89-1-C Administrator and submit the following: 1) Completed Transportation Department application 2) Appropriate fees for annexation. 3) (2)Sets of street lighting plans approved by Transportation Department. 4) "Streetlight Authorization" form from SCE, IID or other electric provider. 41. Benefit District. Prior to the recordation of the final map, or any phase thereof, the project developer/owner shall pay fees in accordance with Zone D of the Menifee Valley Road and Bridge Benefit District. Should the project developer/owner 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. Conditions of Approval PM34318 15 of 23 42. Utilities. Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with ordinance 460 and 461, or as approved by the City Engineering Department. The applicant is responsible for coordinating the work with the serving utility company. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. A written proof for initiating the design and/or application of the relocation issued by the utility company shall be submitted to the City Engineering Department for verification purposes. 43. Improvements. Antelope Road from Newport Road to northern most project limit is a paved City maintained road designated as a Secondary Highway with existing curb and gutter on the west side and existing curb and gutter and sidewalk on the east side. Antelope Road from the service station driveway to Newport road shall be widened for a designated right turn lane and match existing asphalt at the sawcut joint. Reconstruction or resurfacing of the existing Antelope Road pavement will be determined by the Engineering Department and the work and associated cost will be the responsibility of the Applicant. NOTE: 1. A 6' sidewalk shall be constructed adjacent to curb line within the 12' parkway. 2. The curb returns at entries of Palm Villa Drive and Pampas Street shall be constructed at a 35' radius as shown on entry exhibits transmitted by CSL Engineering on 2/23/09 and as directed by the City Engineer. Newport Road from Antelope Road to 400' westerly is a paved City maintained road designated as an Urban Arterial Highway and shall be improved with 8" concrete curb and gutter located 72' to 99 feet from centerline to curb line, and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the City Engineering Department within the 84' to 111 foot half -width dedicated right-of-way in accordance with Section A -A and Section B-B shown on "Improvement Exhibit for the Menifee Commercial Center," prepared by CSL Engineering. NOTE: 1. A 6' sidewalk (along site frontage) shall be constructed adjacent to curb line within the 12' parkway. 2. Additional grading to be done between proposed taper and proposed right-of-way (96' from centerline) per Improvement Exhibit. 44. Street Sweeping. The project developer/owner shall file an application for annexation into County Service Area 152 (CSA 152) for street sweeping through the CSA Administrator; or enter into a similar mechanism as approved by the City Engineer. 45. Dedicate Roadway Easements. The applicant shall dedicate roadway easements for maintenance purposes at driveway entries of Palm Villa Drive Conditions of Approval PM34318 16 of 23 and Pampas Street as shown on Entry Exhibits transmitted by CSL Engineering on 2/23/09 and as directed by Transportation Department. Prior to Issuance of Grading Permit 46. No Grading Permit. A PRECISE GRADING PERMIT WILL NOT BE ISSUED, BY THE BUILDING AND SAFETY DEPARTMENT, FOR ANY PARCEL(S) OF THIS SUBDIVISION - UNLESS AN APPROPRIATE LAND USE PERMIT HAS ALSO BEEN ISSUED BY THE PLANNING DEPARTMENT AND APPROVED BY THE CITY COUNCIL, FOR THAT SAME PARCEL(S). Conditions of Approval PM34318 17 of 23 Section IV: Riverside County Flood Control District Conditions of Approval General Conditions Conditions of Approval PM34318 18 of 23 47. Flood Hazard Report. Parcel Map 34318 is a proposal to subdivide 16.35- acres into commercial parcels in the City of Menifee. The site is located east of the 1-215, west of Antelope Road and north of Newport Road. This site is relatively flat and drains in a northerly direction to Salt Creek to the north. This development is being processed concurrently with PP2009-052 and CUP 3487. Water quality mitigation for the site is being addressed with PP2009-052. If grading is proposed under this case, the conditions for PP2009-052 shall be met. 48. Phases. If the development of the site is constructed in phases, the first phase of the development must construct all the water quality mitigation features for the entire site. Alternatively, a WQMP feature to serve a specific phase of a project can be constructed either 1) within the limits of the phase or 2) outside of the boundaries of the phase. In the case of the latter, the BMP shall be constructed within an easement and this easement shall be recorded. It should be noted that future phases of the development will be required to provide not only any water quality mitigation features required for that particular development but must also account for the mitigation features located on that particular site. All mitigation features shall comply with the current regulations of the Regional Water Quality Board. Prior to Final Map 49. ECS Sheet. A copy of the environmental constraint sheet and the final map shall be submitted to the Riverside County Flood Control District for review and approval. All submittals shall be date stamped by the engineer and include the appropriate plan check fee. 50. Drainage Facilities. Onsite drainage facilities/water quality features 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". Prior to Issuance of Grading Permit 51. Grading. If grading is proposed under this case, the conditions for Plot Plan No. 2009-052 shall be met. Conditions of Approval PM34318 19 of 23 Section V: Riverside County Fire Department Conditions of Approval General Conditions Conditions of Approval PM34318 20 of 23 52. Pavement Markers. Blue retroreflective 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 Riverside County Fire Department. 53. Fire Hydrants. Approved super fire hydrants, (6"x4"x2 1/2"x2 1/2") shall be located at each street intersection and spaced not more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a fire hydrant. Prior to Final Map 54. Water System Plans. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, ' and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 55. ECS Note. ECS map must be stamped by the City of Menifee Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. Conditions of Approval PM34318 21 of 23 Section VI: Riverside Countv Environmental Health Conditions of Approval Conditions of Approval PM34318 22 of 23 General Conditions 56. EMWD Service. All lots under Parcel Map#34318 are proposing Eastern Municipal Water District (EMWD) water and sewer service. It is the responsibility of the developer to ensure that all requirements to obtain water and sewer service for each lot are met with EMWD, as well as, all other applicable agencies. Any existing septic system(s) must be properly removed or abandoned under permit with the Department of Environmental Health (DEH). Prior to Final Map 57. Water System. A water system shall have plans and specifications approved by the water company and the Department of Environmental Health. 58, Securities. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 59. Sewer System. A sewer system shall have mylar plans and specifications as approved by the District, the Survey Department and the Department of Environmental Health. 60. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. 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). Conditions of Approval PM34318 23 of 23 Conditions added to Menifee Lakes per the Planning Commission: 1. Bus Stop. The Riverside Transit Agency (RTA) currently has bus routes serving the project site. Therefore, Prior to Building Permit Occupancy, the developer shall work with the Riverside County Transit Agency to provide a bus stop. 2. Native American Monitoring. Tribal monitor(s) from the appropriate Native American Tribe(s) shall be required on -site during all ground disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a fully signed contract between the above mentioned Tribe and the land divider/permit holder for the monitoring and any necessary mitigation of the project, and which addresses the treatment of cultural resources, to the Planning Department and to the Department of Building and Safety. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. 3. Drive Aisle Configuration Between Pad 2 and Pad 3. The final design of the drive aisles and parking area between Pad 2 and Pad 3 shall be determined by the Engineering Department or as approved by the City Manager prior to issuance of the first building permit for the project. In addition, prior to the issuance of the first building permit, a final site plan shall be submitted showing the approved revised configuration. 4. Lighting Plan. Prior to building permit issuance, the developer shall submit a lighting plan for the project site for review and approval, by the Planning Department. The lighting plan shall include parking lot lighting, lighting along sidewalks within the shopping center and lighting affixed to the buildings. Lighting fixtures shall be architecturally enhanced and no shoe box lighting will be allowed within the project site. 5. Raised Median along Antelope. A raised median with appropriate landscaping shall be provided along Antelope Road extending from the Palm Villa Drive, with breaks at the project driveways at Pampas Street and Balsa Road, to the northern boundary of the project, or as approved by the City Engineer. The median shall be shown on the street improvement plans. Landscaping plans for the raised median shall be submitted to the Engineering Department for review and approval. 6. Architecture. Prior to building permit issuance, revised elevations shall be provided to the Planning Department. The architecture for the site shall be revised to include additional enhancements and architectural articulation as approved by the Community Development Director.