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PC10-028Resolution No. 10-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE RECOMMENDING APPROVAL TO CITY COUNCIL OF TENTATIVE PARCEL MAP NO. 34998 TO SUBDIVIDE THE HERITAGE SQUARE SHOPPING CENTER INTO FOUR (4) COMMERCIAL PARCELS. Whereas, in March 28, 2007, the applicant, Heritage Square, filed a formal application with the County of Riverside for Tentative Parcel Map #34998 to subdivide 19.6 acres into four (4) commercial parcels; and, Whereas, on January 12, 2010, the Planning Commission held a duly noticed public hearing on Tentative Parcel Map No. 34998, 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 January 12, 2010 Planning Commission public hearing, the project was continued without discussion in order to allow staff to address comments received from the South Coast Air Quality Management District; and, Whereas, on March 23, 2010, the Planning Commission held a subsequent public hearing on Tentative Parcel Map No. 34998, considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of the project site boundaries; and, Whereas, at the March 23, 2010 Planning Commission public hearing, the project was continued with discussion; and, Whereas, on April 27, 2010, the Planning Commission held a subsequent public hearing on Tentative Parcel Map No. 34998, considered public testimony and materials in the staff report and accompanying documents, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11; and, Whereas, at the April 27, 2010 Planning Commission public hearing, the Commission found that: 1. The land division is consistent with the applicable general plan land use of the site. The project site is designated Community Development: Commercial Retail (CD:CR) (0.20-0.35 floor area ratio) on the Sun City/Menifee Valley Area Plan. The project site is not located within a specific plan. 2. The proposed use, commercial parcels, is a permitted use in the Community Development: Commercial Retail (CD:CR) (0.20-0.35 floor area ratio) designation and therefore, the project is consistent with the general plan land use. 3. The design or improvement of the proposed land division is consistent with the applicable general and any specific plan. 4. The site of the proposed land division is physically suitable for the type of development. Resolution No. 10-028 Tentative Parcel Map No. 34998 — Commercial Subdivision for Heritage Square 5. The site of the proposed land division is physically suitable for the proposed density. 6. The project site is surrounded by properties which are designated High Density Residential (HDR) (8-14 dwelling units) to the north, Medium Density Residential (MDR) (2 to 5 dwelling units per acre) to the south, east, and west and Commercial Retail (CR) (0.20 to 0.35 floor area ration) to the south. 7. The proposed zoning for the subject site is Scenic Highway Commercial (C-P-S). 8. The proposed subdivision is a permitted use, in the Scenic Highway Commercial (C-P-S)zone. 9. The proposed subdivision is consistent with the development standards set forth in the Scenic Highway Commercial (C-P-S) zone. 10. The project site is surrounded by properties which are zoned One -Family Dwellings (R-1) to the north, south and east, Scenic Highway Commercial (C-P- S), Rural Residential (R-R), and Controlled Development Areas (W-2) to the south and the Menifee Valley Specific Plan No. 301 (Residential) to the east. 11. The proposed commercial subdivision is consistent with the Schedule "E" map requirements of Ordinance 460, and with all other applicable provisions of Ordinance No. 460. 12. The design of the proposed land division does not conflict with easements. 13. This project is not located within a Criteria Area of the Multi -Species Habitat Conservation Plan. 14. 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. Environmental Assessment No. 41320 is recommended to the City Council for adoption. 3. Tentative Parcel Map No. 34998 for the subdivision of 19.6 acres into four (4) commercial parcels is recommended for approval to the City Council, subject to the Conditions of Approval as set forth in Exhibit "A" to this Resolution and as approved by the Planning Commission on April 27, 2010. Resolution No. 10-028 Tentative Parcel Map No. 34998 — Commercial Subdivision for Heritage Square PASSED, APPROVED AND ADOPTED this 27'h day of April 2010, by the following vote: Attest: 4&MU'&- Kathy Bennett, City Clerk & Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing Resolution No. 10-028 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 271h day of April, 2010 by the following vote: Ayes: Miller, Vesey, Zimmerman, Thomas, Liesemeyer Noes: None Absent: None Abstain: None Kathy Bennett, City Clerk EXHIBIT "A" Conditions of Approval for Tentative Parcel Map No. 34998 Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Flood Control District Conditions of Approval Section V: Riverside County Fire Department Conditions of Approval Section VI: Riverside County Environmental Health Conditions of Approval Section I: Conditions Applicable to all Departments 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. 34998 shall be henceforth defined as follows: TENTATIVE MAP = Tentative Commercial Parcel Map No. 34998, Amended No. 2, dated October 15, 2008. FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. 2. Project Description Tentative Parcel Map No. 34998. The land division hereby permitted is for a Schedule E subdivision of 19.6 acres into four (4) parcels ranging in size from 1.48 to 8.61 acres. 3. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Plot Plan or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Environmental Assessment No. 41320, Change of Zone No. 7501, Conditional Use Permit No. 3549 and Tentative Parcel Map No. 34998. 4. 90 Days to Protest. The land divider has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 5. 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 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. 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. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan (attached). 8. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the Planning Commission's original approval date, unless extended as provided by Ordinance No. 460 or state law. 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 the LMS no further FINAL MAP recordation shall be permitted. Section II: Planning Conditions of Approval General Conditions 9. County Geologic Report. The developer shall comply with the recommendations of the Geology Report. County Geologic Report (GEO) No. 1895, submitted for these projects (PM34998 & CUP03549), was prepared by Geotechnical Professionals, Inc. and is entitled: "Geotechnical Investigation, Proposed Retail Center, Heritage Square, County of Riverside, California", dated June 7, 2006. In addition the'following report was submitted for this project: "Response to Review Comments, County Geologic Report No. 01895, Geotechnical Investigation, Proposed Retail Center, Heritage Square, County of Riverside, California, GPI Project No. 2113.1", dated November 2, 2007. This report is now included as part of GEO No. 1895. GEO No. 1895 concluded: 1) Based on site mapping, literature research and aerial photo review, there is no evidence of active faulting crossing or projecting toward this site. Therefore the potential for this site to be affected by surface fault rupture is considered low. 2) Except for the potential for this site to be affected by strong seismic shaking, this site appears to be free of other secondary seismically induced hazards such as landsliding, seiche/tsunami, seismically induced flooding, seismically induced dynamic settlement or liquefaction. 3) This site is covered by a thin veneer of disturbed near surface soils and a stockpile of undocumented fill up to 12 feet deep in the westerly portion of the site. Soils below these materials are dense and considered suitable for support of the planned improvements. GEO No. 1895 recommended: 1) All undocumented stockpiled soils and the near surface weathered materials should be removed to a depth of at least two feet below the existing surface or two feet below the bottom of the proposed footing grades, whichever is deeper. The exposed removal bottoms should be firm and unyielding and should exhibit an in -place dry density of at least 80% relative compaction as determined by ASTM D-1557 and confirmed by field density testing. Prior to placing any fills, the approved removal bottoms should be scarified to a depth of 12 inches, moisture conditioned to near optimum moisture content and compacted to a minimum of 90% of the maximum dry density as determined by ASTM D-1557. 2) All fill soils should be free of organics and debris and any rock over 12 inches in greatest dimension. Fill soils should be placed in horizontal lifts of 12 inches or less, moisture conditioned to optimum moisture content to 2% above optimum moisture content, and compacted to a minimum of 90% of the maximum dry density as determined by ASTM D-1557 -and verified by field density testing. The upper 12 inches of fills or in -place native soils beneath pavement subgrade areas should be compacted to 95% of the maximum dry density. 3) All rock greater than 12 inches in greatest dimension should be either crushed to a smaller size for incorporation in the fills, exported from the site or utilized as decorative landscape boulders. No rock exceeding 12 inches in greatest dimension should be incorporated in any fills. 4) Due to the potential for structures on this site to be subjected to strong seismic shaking, all structures should be designed in accordance with the latest provisions of the most recent edition of the Uniform Building Code for a site located in UBC Seismic Zone 4, 11 miles from a UBC Type B Seismic source (San Jacinto Fault - San Jacinto Valley Segment) and overlying a UBC Type Sc soil. The site should be expected to experience a peak horizontal ground acceleration of about 0.39 g with a 10% probability of exceedence in 50 years. GEO No. 1895 satisfies the requirement for a Geologic/Seismic Study for Planning /CEQA purposes. GEO No. 1895 is hereby accepted for Planning purposes. This approval is not intended, and should not be misconstrued as approval for grading permit. Engineering and other building code parameters will be reviewed and additional comments and/or conditions may be imposed by the Building and Safety Department upon application for grading and/or building permits. 10.0rdinance 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. 11. Final Map. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 12. Building Plans Required. The developer shall cause building plans to be submitted to the Department of Building and Safety - Plan Check Division for review and approval. Said plans shall be in conformance with the approved TENTATIVE MAP. ARCHEOLOGY 13.Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance. 1) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Native American tribal representative and the Planning Director to discuss the significance of the find. 2) At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal representative and the archaeologist, a decision shall be made, with the concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 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: 14. Subsequent Fees. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading or building plan review or review of any mitigation monitoring requirement, shall be reviewed on an hourly basis, or other appropriate fee, as listed in Ordinance No. 671. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Final Map 15. Prior to or in conjunction with the recordation of the final map, the applicant shall offer for dedication to the City of Menifee an easement for trails purposes. This easement shall be as shown on the approved trails plan. The Sun City/Menifee Area Plan identifies a Community Trail (14') on the west side of Menifee Road as identified on the submitted map. 16. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the land divider shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current City Engineering Department - Survey Division requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. No FINAL MAP shall record until Change of Zone No. 7501 has been approved and adopted by the Menifee City Council and has been made effective. This land division shall conform with the development standards of the designation and/or zone ultimately applied to the property. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. The City Engineering Department - Survey Division shall review any FINAL MAP and ensure compliance with the following: A. All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. B. The total number of commercial lots on the final map shall be four (4). 17. Environmental Constraints Sheet. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. 18. Dark Sky. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by City Ordinance No. 2009-024 (Menifee Municipal Code Chapter 6.01), 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 City Ordinance No. 2009-024 — Dark Sky Ordinance (Menifee Municipal Code Chapter 6.01)." 19. Deposit Base Fees. Prior to recordation, the Planning Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. -If so, any unpaid fees shall be paid by the land divider and/or the land divider's successor -in -interest. Prior to Issuance of Grading Permit 20. Grading Plan. The land divider/permit holder shall cause a plan check application for a grading plan to be submitted to the Department of Building and Safety - Grading Division for review and approval. Said grading plan shall be in conformance with the approved tentative map, in compliance with Ordinance No. 457, and the conditions of approval for the tentative map. 21. Change of Zone. No final map shall record until Change of Zone No. 7501 has been approved and adopted by the Menifee City Council. This land division shall conform with the development standards of the designation and/or zone ultimately applied to the property. 22. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner shall be notified of the find immediately. If the remains are determined to be prehistoric, the coroner shall notify the Native American Heritage Commission, which will determine and notify the appropriate NATIVE AMERICAN TRIBE who is the most likely descendent. The descendent shall inspect the site of the discovery and make a recommendation as to the appropriate mitigation. After the recommendation has bee made, the property owner, a Native American Tribe representative, and a County representative shall meet to determine the appropriate mitigation measures and corrective actions to be implemented. 23. Native American Monitoring. Because two archaeological sites were adjacent to the subject parcel along the western parcel boundary, 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 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. Nothing in the agreement shall conflict with the City's conditions of approval or mitigation measures. 24.Archeologist Retained. Because two documented archaeological sites were located along the western parcel boundary, prior to the issuance of rough grading permits, a qualified archaeologist (pursuant to the Secretary of the Interior's standards and County guidelines) shall be retained by the land divider for archaeological monitoring and any necessary mitigation services for on the proposed grading with respect to potential impacts to archaeological and/or cultural resources. A pre -grade meeting between the archaeologist, the Native American tribal representative(s), and the excavation and grading contractor shall take place to discuss appropriate grading and ground disturbing methods within and around those archaeologically and culturally sensitive areas within the project. During grading operations, when deemed necessary in the professional opinion of the retained archaeologist (and/or as determined by the Planning Director), the archaeologist, the archaeologist's on -site representative(s) and the Native American tribal representative(s) shall actively monitor all project related grading and shall have the authority to temporarily divert, redirect, or halt grading activity to allow recovery of archaeological and/or cultural resources, in coordination with the Project Archaeologist. Prior to the issuance of grading permits, the NAME, ADDRESS and TELEPHONE NUMBER of the retained archaeologist shall be submitted to the Planning Department and the B&S Grading Division. If the retained archaeologist, after consultation with the appropriate Native American tribe, finds no potential for impacts to archaeological and/or cultural resources, a letter shall be submitted to the Planning Department certifying this finding by the retained qualified archaeologist. 25. Agreement. Prior to grading permit issuance, the applicant shall provide the Planning Director evidence of a fully executed agreement with the appropriate Native American Tribe that addresses the repatriation, treatment, and disposition of all cultural resources impacted as a result of the development. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area to the Pechanga Band of Luiseno Indians, pursuant to their letter of request dated October 3, 2008, for proper treatment and disposition upon submittal of the Phase IV Archaeological Monitoring Report by the Project Archaeologist to the County Archaeologist. FEES 26. Stephen's Kangaroo Rat Fees. Prior to the issuance of a grading permit, the land divider/permit holder shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Riverside Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 14.04 acres (gross) in accordance with the TENTATIVE MAP. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Riverside Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 27. Fees for Review. Prior to issuance of grading permits, the Planning Department shall determine if the deposit based fees are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. Prior to Final Inspection 28. Phase IV Report. Prior to Final Inspection, the applicant shall submit to the County Archaeologist one certified paper copy and two (2) certified, PDF formatted, CD copies of the Phase IV Cultural Resources Monitoring Report. The report shall follow the posted report scope of work on the TLMA website and be certified by a County Registered Archaeologist. Section III: Engineering/Transportation/ Grading Conditions of Approval General Conditions 29. Grading Requirements. Improvement such as grading, filling, over excavation and recompaction, and base or paving which require a grading permit are subject to the included Building and Safety Grading Division conditions of approval. All grading shall conform to the California Building Code, Ordinance 457, and all other relevant laws, rules and regulations governing grading in Riverside County and prior to commencing any grading which includes 50 or more cubic yards, the applicant shall obtain a grading permit from the Building & Safety Department. Ordinance 457 requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 30. Erosion Control. Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facility deemed necessary to control or prevent erosion. Additional erosion protection may be required during the rainy season from October 15 to April 15. 31. Dust Control. All necessary measures to control dust shall be implemented by the developer during grading. 32. Performance Securities. Grading in excess of 199 cubic yards will require performance security to be posted with the Building & Safety Department. Single family dwelling units graded one lot per permit and proposing to grade less than 5,000 cubic yards are exempt. 33. Slopes. Grade slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. . 34. Slope Stability. A'slope stability report shall be submitted and approved by the County Geologist for all proposed cut or fill slopes steeper than 2:1 (horizontal to vertical) or over 30 feet in vertical height - unless addressed in a previous report. 35. Minimum Drainage. Minimum drainage grade shall be 1 % except on portland cement concrete where 0.35% shall be the minimum. 36. 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 AND APPROVED, BY THE PLANNING DEPARTMENT, FOR THAT SAME PARCEL(S). 37. NPDES. Prior to issuance of any grading or construction permits - whichever comes first - the applicant shall provide the Building and Safety Department evidence of compliance with the following: "Effective March 10, 2003 and thereafter as required by the revised permit in 2010, owner operators of grading or construction projects are required to comply with the N.P.D.E.S. (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of "ONE" acre or larger. The owner operator can comply by submitting a "Notice of Intent" (NOI), develop and implement a STORM WATER POLLUTION PREVENTION PLAN (SWPPP) and a monitoring program and reporting plan for the construction site. For additional information and to obtain a copy of the NPDES State Construction Permit contact the SWRCB at (916) 657-1146. Additionally, at the time the City adopts, as part of any ordinance, regulations specific to the N.P.D.E.S., this project (or subdivision) shall comply with them. 38. Protect Downstream Properties. The land divider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the Transportation Department. 39.Off-site Drainage. The land divider shall accept and properly dispose of all off -site drainage flowing onto or through the site. In the event the Transportation Department permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities and/or appropriate easements as approved by the Transportation Department. 40. Street Improvements. With respect to the conditions of approval for the referenced tentative exhibit, the land divider 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). 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 Engineering Department. 41. Phasing. Should the applicant choose to phase any portion of this project, said applicant shall provide off -site access roads to City maintained roads as approved by the Transportation Department. Prior to Final Map 42.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 Engineering Department. Completion of road improvements does not imply acceptance for maintenance by City. 43. Soils Report. The developer/owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of-way. 44.Off-site Right -of -Way. The off -site rights -of -way required for said access road(s) shall be accepted to vest title in the name of the public if not already accepted. 45. Easement. 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. 46. Coordinate with PP 2009-051. The street design and improvement concept of this project shall be coordinated with Plot Plan No. 2009-051. 47. Signing and Striping Plan. Signing and striping plans are required for this project. The project proponent shall be responsible for any additional paving and/or striping removal caused by the striping plans. Traffic signing and striping shall be performed by either City forces or Developer with all incurred costs borne by the Developer, as approved by the City Traffic Engineer. 48. Street Names. The land divider shall install street name sign(s) in accordance with Standard No. 816 as directed by the Engineering Department. 49. Centerline Intersections. All centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50' tangent, measured from flowline/curbface or as approved by the City Engineer. 50. Corner Cutbacks. All corner cutbacks shall be applied per Standard 805, Ordinance 461, except for corners at Entry streets intersecting with General Plan roads, they shall be applied per Exhibit 'C' of the Countywide Design Guidelines. 51. Street Lighting 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 Ordinance 461, Standard No's 1000 or 1001. 52.Annex into L&LMD for Street Lighting. The project proponent shall contact the City or its designee 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 53. Assessment/Benefit District. Should this project lie within any assessment/benefit district, the applicant shall, prior to recordation, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district. 54. 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 Transportation Department. The applicant is responsible for coordinating the work with the serving utility company. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. A written proof for initiating the design and/or application of the relocation issued by the utility company shall be submitted to the Engineering Department for verification purposes. 55. Improvements. McCall Boulevard along project boundary is a paved City maintained road designated as an Urban Arterial Highway and shall be improved with 8" ,concrete curb and gutter located 55' to 68 feet from centerline to curb line, 8" curbed edge of pavement landscaped median, and match up asphalt concrete paving, reconstruction, or resurfacing of existing paving as determined by the Engineering Department within the 76' to 89 foot half -width dedicated right-of-way in accordance with Standard No. 91. (55' to 68' / 76' to 89') (Sheet 1 of 2 and 2 of 2) NOTE: A 5' meandering sidewalk shall be constructed within the 21' parkway per Standard No. 404. The raised curb median on McCall Boulevard shall be extended westerly to provide access only for an eastbound left -turn lane at Project Access Drive (NS) and McCall Boulevard (EW). As determined through engineering documentation by applicant, the Engineering Department may consider payment of cash -in -lieu for construction of raised medians that may not be feasible until buildout of roadway occurs. Westbound right -turn lanes shall be provided on Project Access Drive (NS) at McCall Road (EW) and Junipero Road (NS) at McCall Boulevard (EW). Menifee Road along project boundary is a paved City maintained road designated as an Urban Arterial Highway and shall be improved with 8" concrete curb and gutter located 55' to 68 feet from centerline to curb line, 8" curbed edge of pavement landscaped median, and match up asphalt concrete paving, reconstruction, or resurfacing of existing paving as determined by the Engineering Department within the 76' to 89 foot half -width dedicated right-of-way in accordance with Standard No. 91. (55' to 68' / 76' to 89') (Sheet 1 of 2 and 2 of 2) NOTE: A 5' meandering sidewalk shall be constructed within the 21' parkway per Standard No. 404. Southbound right -turn lanes shall be provided at South Project Access (EW) at Menifee Road (NS) and at McCall Boulevard (EW) at Menifee Road (NS). Junipero Road along project boundary is designated as a Collector road and shall be improved with 34' part -width AC pavement, (22' on the project side and 12' on opposite side of the centerline), 6" concrete curb and gutter, and 5' sidewalk (on the project side), within a 67' part -width dedicated right-of-way (37' on the project side and 30' on the opposite side of centerline) in accordance with Standard No. 103, Section "A". NOTE: A 5' sidewalk shall be constructed 7' from the curb line within the 15' parkway. Added from 3123110 Planning Commission Meeting Traffic calming measures shall be incorporated into the design of Junipero Road as approved by the City Engineer. 56. Traffic Signal Maintenance. The project proponent shall comply in accordance with traffic signal requirements within public road rights -of -way, as directed by the Transportation Department. Assurance of traffic signal maintenance is required by filing an application for annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for the required traffic signal(s). 57. Street Sweeping. The project proponent 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 Engineering Department. 58. Traffic Signals. The Project proponent shall be responsible for the design of traffic signal(s) at the intersections of: Menifee Road (NS) and McCall Boulevard (EW) (modification) Junipero Road (NS) and McCall Boulevard (EW) (modification) Project Access Drive (NS) and McCall Boulevard (EW) with no fee credit eligibility for Traffic Signal Mitigation fees. 59. Street Improvements. The interim conditions intersection geometrics identified below shall be provided and signing/striping plans shall be provided for approval by the Transportation Department. While full buildout of the roadway along the project frontage will be provided consistent per the City's Road Improvement Standards, interim condition lane geometrics account for alignment of lanes and current intersection constraints. The intersection of Menifee Road (NS) and North Project Driveway (EW) shall be improved to provide the following geometrics: Northbound: one left -turn lane, two through lanes Southbound: two through lanes Eastbound: one left -turn lane, one right -turn lane Westbound: N/A The intersection of Menifee Road (NS) and South Project Driveway (EW) shall be improved to provide the following geometrics: Northbound: two through lanes Southbound: two through lanes, one dedicated right -turn lane Eastbound: one right -turn lane Westbound: N/A Note: Southbound_ dedicated right -turn lane is in addition to County of Riverside Ordinance 461 Standard 91 cross-section. The intersection of Menifee Road (NS) and McCall Boulevard (EW) shall be improved to provide the following geometrics: Northbound: one left -turn lane, two through lanes Southbound: one left -turn lane, two through lanes, one right -turn lane Eastbound: two left -turn lanes, two through lanes Westbound: two left -turn lanes, two through lanes, one right -turn lane The intersection of Project Driveway (NS) and McCall Boulevard (EW) shall be improved to provide the following geometrics: Northbound: N/A Southbound: one right -turn lane Eastbound: one left -turn lane, two through lanes Westbound: two through lanes, one dedicated right -turn lane Note: Westbound dedicated right -turn lane is in addition to County of Riverside Ordinance 461 Standard 91 cross-section. The intersection of Junipero Road (NS) and McCall Boulevard (EW) shall be improved to provide the following geometrics: Northbound: one left-turn/through/right-turn lane Southbound: one left -turn lane, one through/right-turn lane Eastbound: one left -turn lane, one through lane Westbound: one left -turn lane, one through lane, one right -turn lane The intersection of Junipero Road (NS) and School/Project Driveway (EW) shall be improved to provide the following geometrics: Northbound: one left -turn lane, one through/right-turn lane Southbound: one left -turn lane, one through/right-turn lane Eastbound: one left-turn/through/right-turn lane Westbound: one left-turn/through/right-turn lane Or as approved by the Engineering Department. All improvements listed are requirements for interim conditions only. Full right-of-way and roadway half sections adjacent to the property for the ultimate roadway cross-section per the City's Road Improvement Standards and Specifications must be provided. Any off -site widening required to provide these geometrics shall be the responsibility of the landowner/developer. Prior to Issuance of Grading Permit 60. Geotechnical Report. Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the Building and Safety Department's Grading Division for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by Riverside County.* *The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS. 61. Grading and Drainage. All grading and drainage shall be designed in accordance with Riverside County Flood Control & Water Conservation District's conditions of approval regarding this application. If not specifically addressed in their conditions, drainage shall be designed to accommodate 100 year storm flows. Additionally, the Building and Safety Department's conditional approval of this application includes an expectation that the conceptual grading plan reviewed and approved for it complies or can comply with any WQMP (Water Quality Management Plan) required by Riverside County Flood Control and Water Conservation District. 62. Permission for Grading. Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. 63. NPDES. Prior to issuance of any grading or construction permits - whichever comes first - the applicant shall provide the Building and Safety Department evidence of compliance with the following: "Effective March 10, 2003, and thereafter as a revised permit as approved by the State Regional Water Quality Control Board, owner operators of grading or construction projects are required to comply with the N.P.D.E.S. (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of "ONE" acre or larger. The owner operator can comply by submitting a "Notice of Intent" (NOI), develop and implement a STORM WATER POLLUTION PREVENTION PLAN (SWPPP) and a monitoring program and reporting plan for the construction site. For additional information and to obtain a copy of the NPDES State Construction Permit contact the SWRCB at (916) 657-1146. Additionally, at the time the City adopts, as part of any ordinance, regulations specific to the N.P.D.E.S., this project (or subdivision) shall comply with them. 64.Import/Export. In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the Building and Safety department and any permit and/or route approval. If an Environmental Assessment, prior to issuing a grading permit, did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director and the Environmental Programs Director for review and comment and to the Building and Safety Department Director for approval. Additionally, if the movement of import/export occurs using City roads, review and approval of the haul routes by the Transportation Department will be required. 65. No Precise 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 and approved, by the Planning Department, for that same parcel(s). Prior to Issuance of Building Permit 66.Approval to Construct. 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 Building and Safety Department. Prior to Final Inspection 67.TUMF. Prior to the issuance of an occupancy permit, the project proponent shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to Ordinance No. 824. 68. Streetlights and Utilities. Prior to OCCUPANCY, the project proponent shall submit to Engineering Department Permits the following: 1) "Streetlight Authorization" form approved by L&LMD No. 89-1 Administrator 2) Letter establishing interim energy account from SCE, IID or other electric provider. 69.Install Streetlights. Install streetlights along the streets associated with development in accordance with the approved street lighting plan and standards of Ordinances 460 and 461.. Street light annexation into L&LMD or similar mechanism as approved by the Engineering Department shall be completed. It shall be the responsibility of the Developer to ensure that street lights are energized along the streets associated with this development where the developer is seeking Building Final Inspection (Occupancy). 70. Utilities. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with ordinance 460 and 461, or as approved by the Engineering Department. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A certificate should be obtained from the pertinent utility company and submitted to the Engineering Department as proof of completion. 71. L&LMD. Prior to issuance of an occupancy permit the project proponent shall complete annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for maintenance of traffic signals within public road rights - of -way for the required traffic signal(s). 72. Street Sweeping. Street sweeping annexation into CSA 152 or similar mechanism as approved by the Engineering Department shall be completed. 73. Traffic Signal Installation. The project proponent shall be responsible for the construction and installation of traffic signal(s) at the following locations: Menifee Road (NS) and McCall Boulevard (EW) (modification) Junipero Road (NS) and McCall Boulevard (EW) (modification) Project Access Drive (NS) and McCall Boulevard (EW). With no fee credit eligibility given for Traffic Signal Mitigation Fees. Prior to the final building inspection of the first unit, the above traffic signal(s) shall be installed and operational. A signal maintenance easement may be required for the Project Access Road (NS) and McCall Boulevard intersection. Or as approved by the Engineering Department. 74. Interconnect. The project proponent shall be required to provide traffic signal interconnect between the traffic signal at Menifee Road (NS) and McCall Boulevard (EW) to the west to the signal at Junipero Road. The traffic signal at the Menifee Road (NS) and McCall Boulevard (EW) shall be ultimately interconnected with the traffic signal at Heritage Lakes Drive to the north. The project proponent shall provide interconnect along the project frontage and shall make all provisions necessary for the ultimate interconnect between the Menifee Road and the Heritage Lakes Drive signal or as approved by the Engineering Department. Section IV: Riverside County Flood Control District Conditions of Approval General Conditions 75. Flood Hazard Report. PM34998 is a proposal to subdivide 19.6 acres into four commercial parcels in the Homeland area. The site is located on the northwest corner of McCall Boulevard and Menifee Road. Parcel Map 34998 is being processed concurrently with Plot Plan No. 2009-051. Site improvements associated with CUP 3549 will include the necessary drainage improvements to protect the site from flood hazard and adequately outlet to a MDP facility along with appropriate features necessary to mitigate the site's impact on water quality. The Home land/Romoland CFD is proposed in this area by a consortium of developers. This plan currently proposes Interim Line A to be constructed from the San Jacinto River to the 1-215 freeway and ultimate Line A from the 1-215 freeway to the north of this site near McLaughlin Rd and Menifee Rd. The development of this site is not only dependent on the construction of Homeland Line A, but also on the construction of Line A-2and its extensions. These facilities are the major backbone of the Homeland/Romoland plan given that they convey runoff from the entire valley to San Jacinto River. Without the construction of these facilities PM34998/CUP 03549 lacks an adequate outlet for the onsite flows generated by this development. The District will not allow the issuance of grading permits nor recordation of the final map until the plans for Line "A" and Line "A2" have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if the facilities listed above are constructed by others pursuant to the District's proposed Community Facilities District, then map recordation and grading permits will be allowed when the construction contracts for these facilities are awarded. Occupancy will not be granted for any unit until all downstream facilities are deemed functional by the District's General Manager - Chief Engineer. A separate means of mitigating for increased runoff would not be necessary for onsite flows that drain to Line A2 given that said facility is considered to be an adequate outlet. Mitigation will be necessary for the development's impacts to water quality. A revised Preliminary WQMP was submitted to the District on October 16th, 2008. The water quality plan proposes three infiltration trench/bio swales to mitigate for water quality. These basins then outlets to the extension of Homeland/Romland MDP Line A2 to be constructed by this development. The developer has provided the District a letter of permission from the downstream property owner allowing the construction of the extension of Line A. Conceptually this is plan acceptable to the District but may need minor adjustments at final plan check stage. The District has reviewed the preliminary Water Quality Management Plan (WQMP) and is acceptable to the District. Collection of Offsite Flows The site has a tributary area of 35 acres south of McCall Road. The development proposes to collect and convey these flows in a 36" dia. storm drain in to the proposed Homeland MDP Line A2. Most of the site's offsite drainage issues would be addressed via construction of the improvements associated with the District's proposed CFD. Unless otherwise approved by the District no grading or building permits for PM 34998 shall be issued prior to the District's approval of PP 2009-051 or any other land use case for this site. The site is located within the bounds of the Homeland/Romoland Line A watershed Area Drainage Plan (ADP) for which drainage fees have been established by the Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to permits for this project. Although the current fee for this ADP is $12,636 per acre, the fee due will be based on the fee in effect at the time of payment. 76. No Grading or Building Permits. Unless otherwise approved by the District no grading or building permits for PM 34998 shall be issued prior to the District's approval of PP2009-051 or any other land use case for this site. Prior to Map Recordation 77. Environmental Constraints Sheet. A copy of the environmental constraint sheet and the final map shall be submitted to the District for review and approval. All submittals shall be date stamped by the engineer and include the appropriate plan check fee. 78. Notice of Drainage Fees. A notice of drainage fees shall be placed on the environmental constraint sheet and final map. The exact wording of the note shall be as follows: NOTICE OF DRAINAGE FEES Notice is hereby given that this property is located in the Homeland/Romoland Line A watershed Area Drainage Plan which was adopted by the Board of Supervisors of the County of Riverside pursuant to Section 10.25 of Ordinance 460 and Section 66483, et seq, of the Government Code and that said property is subject to fees for said drainage area. Notice is further given that, pursuant to Section 10.25 of Ordinance 460, payment of the drainage fees shall be paid with cashier's check or money order only to the Riverside County Flood Control and Water Conservation District at the time of issuance of the grading or building permit for said parcels, whichever occurs first, and that the owner of each parcel, at the time of issuance of either the grading or building permit, shall pay the fee required at the rate in effect at the time of issuance of the actual permit. 79. Line "A" and Line "A2". The District will not allow the issuance of grading permits nor recordation of the final map until the plans for Line "A" and Line "A2" have been approved, bonds have been posted, and the offsite right-of- way acquired. Alternatively, if the facilities listed above are constructed by others pursuant to the District's proposed Community Facilities District, then map recordation and grading permits will be allowed when the construction contracts for these facilities are awarded. Occupancy will not be granted for any unit until all downstream facilities are deemed functional by the District's General Manager - Chief Engineer. Prior to Issuance of Grading Permit 80. No Grading Permits. Unless otherwise approved by the District no grading or building permits for PM 34998 shall be issued prior to the District's approval of Plot Plan No. 2009-051 or any other land use case for this site. 81. Drainage Fees. PM 34998 is located within the limits of the Homeland/Romoland Line A Area Drainage Plan for which drainage fees have been adopted. Drainage fees shall be paid with cashier's check or money order only to the District at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the land owner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular Area Drainage Plan at the time of issuance of the grading permits or issuance of the building permits if grading permits are not issued. Prior to Issuance of Building Permit 82. No Building Permits. Unless otherwise approved by the District no grading or building permits for PM 34998 shall be issued prior to the District's approval of CUP 3549 or any other land use case for this site. 83. Drainage Fees. PM 34998 is located within the limits of the Homeland/Romoland Line A watershed Area Drainage Plan for which drainage fees have been adopted. Drainage fees shall be paid with cashier's check or money order only to the District at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the land owner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular Area Drainage Plan at the time of issuance of the grading permits or issuance of the building permits if grading permits are not issued. Section V: Riverside Countv Fire Department Conditions of Approval General Conditions 84. 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. 85. Fire Flow. The water mains shall be capable of providing a potential fire flow 4000 GPM and an actual fire flow available from any one hydrant shall be 2500 GPM for 2 hour duration at 20 PSI residual operating pressure. 86.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 87. Water Plans. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 88. ECS Map. ECS map must be stamped by the Riverside County Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. Section VI: Riverside County Environmental Health Conditions of Approval General Conditions 89. Eastern Municipal Water District. All lots under Parcel Map#34998 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) and/or well(s) must be properly removed or abandoned under permit with the Department of Environmental Health (DEH). Prior to Issuance of Buildinq Permit 90. Food Plans. A total of three complete set of plans for each food establishment are needed including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. 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)