Loading...
PC10-061Resolution No. 10-061 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING EXTENSION OF TIME NO. 2009-037 FOR THE FIRST ONE-YEAR EXTENSION FOR TENTATIVE TRACT MAPS NO. 31390, 31392 and 31393 Whereas, on September 3, 2003, Audie Murphy Ranch LLC, the applicant, filed a formal planning application with the Riverside County for Tentative Tract Map No. 31390 to subdivide 115 gross acres into 186 single family residential lots, 13 open space lots and one school site within Planning Areas 24, 32, 33 and 34 of Specific Plan (SP) 209 (Audie Murphy Ranch), and Tentative Tract Map No. 31392 to subdivide 160 acres into 90 single family residential lots with 125 acres of open space lots within Planning Area 38 of Specific Plan (SP) 209 (Audie Murphy Ranch).and Tentative Tract Map No. 31393 to subdivide 152.49 acres into 94 single family residential lots and 12 open space lots within Planning Areas 31 and 35 of Specific Plan (SP) 209 (Audie Murphy Ranch) within the Audie Murphy Specific Plan located south of Normandy Road, west of Murrieta Road and east of Goetz Road. Whereas, on November 17, 2004, the Riverside County Planning Commission held a duly noticed public hearing on an Addendum to Environmental Impact Report No. 436 (EIR 436) and Tentative Tract Map No. 31390, 31392, and 31393, and at the meeting the Riverside County Planning Commission certified the addendum to EIR 436 and approved Tentative Tract Map No. 31390, 31392, and 31393; and, Whereas, on January 25, 2005, the Riverside County Board of Supervisor's received and filed the action of the Planning Commission which date the City considers final approval of the map; and, Whereas, on January 4, 2008, Mr. Dennis Chapman on behalf of Audie Murphy Ranch LLC, filed an application with Riverside County for the first one-year Extension of Time for Tentative Tract Maps No. 31390, 31392, and 31393 to extend the maps through January 25, 2009, and, Whereas, on July 15, 2008, California Senate Bill 1185 was signed into law, which added sections 66452.11 through 66452.13 to the Subdivision Map Act (California Government Code) by automatically extending the life of any tentative Parcel map, vesting tentative Parcel map, or tentative parcel map for one additional year, if the map approval had not expired by July 15, 2008 but would expire before January 1, 2011; and Whereas, on July 15, 2009, Assembly Bill 333 was signed into law, which amended Section 65961 and added Section 66452.22 to the Subdivision Map Act (California Government Code) by automatically extending the life of any tentative Parcel map, vesting tentative Parcel map, or tentative parcel map for two additional years, if the map approval had not expired by July 15, 2009 but would expire before January 1, 2012; and, Whereas, Whereas, although filed in a timely manner, the extension of Tentative Tract Maps No. 31391 was not processed by County staff before incorporation and thus the authority to extend the map for one year to take advantage of the legislative time extension lies with the City; and the applicant and the applicant agreed to certain additional recommended conditions of approval, and; 4836-5797-9656.1 Resolution No. 10-061 EOT 2009-037 for TR31390, TR31392, TR31393 Whereas, when contacted by the applicant to proceed with processing the maps, Planning Staff acted in the same manner as with other developers, reviewed the map, and requested the additional of City conditions for landscaping, engineering and planning, including but not limited to a bike and turn lane on Newport Road; and Whereas, after negotiation with the City, the applicant/developer has agreed voluntarily to the addition of certain such conditions, as evidenced by the developer's signature on such conditions; and Whereas, on November 22„ 2010, the City of Menifee Planning Commission, as part of their Consent Calendar, considered Planning Application No. 2010-156 for the first one-year extension for Tentative Tract Map No. 31391 (in compliance with Ordinance No. 460 and the California Subdivision Map Act, which both allow up to five one-year extensions) and considered materials in the staff report and accompanying documents; and, Whereas, environmental review of the requested extension is not required, because the adopted an addendum to Environmental Impact Report No. 436 (EIR for the entire Audie Murphy Specific Plan) with the approval of the proposed tract maps. The previous environmental documents analyzed and mitigated for all potentially significant effects from the development of the project. The approved mitigation measures have been incorporated into the conditions of approval. 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. Planning Application No. 2009-037 is approved, as follows: (a) The first one-year extensions for Tentative Tract Maps No. 31390, 31392, and 31393 are approved and valid through January 25, 2009, then but automatically extended by SB1185 and AB 333 to January 25, 2012. ; and, (b) The Conditions of Approval set forth in Exhibit A to this resolution are approved as part of the first time extension for Tentative Tract Maps No. 31390, 31392, and 31393; and (c) The Conditions of Approval set forth in Exhibit A have been modified and added to for the public health, safety and welfare of the City of Menifee; and (d) The Conditions of Approval set forth in Exhibit A supersede all previous conditions of approval placed on Tentative Tract Maps No. 31390, 31392, and 31393 and all previous conditions of approval are rendered null and void; and (e) The Conditions of Approval set forth in Exhibit A have been agreed to by an authorized representative of developer as indicated by the signature at the end of the Conditions of Approval. PASSED, APPROVED AND ADOPTED this 23`d day of November, 2010, by the following vote: 4836-5797-9656.1 Resolution No. 10-061 EOT 2009-037 for TR31390, TR31392, TR31393 Chris Thomas, Vice Chairman Attest: —LAMwb�- Kathy ` ennett, City Clerk & Planning Commission Secretary 4836-5797-9656.1 Wallace W. Edgerton Mayor Fred Twyman Mayor Pro Tern John V. Denver Councilmember Darcy Kuenzi Councilmember Scott A. Mann Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofinenifee.us 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. 10-061 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 23rd day of November, 2010 by the following vote: Ayes: Miller, Vesey, Zimmerman, Thomas Noes: None Absent: Liesemeyer Abstain: None Antlt�a- ka-thy Bennett, City Clerk CONDITIONS OF APPROVAL FOR THE FIRST EXTENSION OF TIME FOR TENTATIVE TRACT MAP 31390 CITY OF MENIFEE GENERAL CONDITIONS FOR ALL PHASES Approved Project. The land division hereby permitted is for a Schedule A tract map to subdivide 109 acres into 186 schedule "A" residential lots and 13 open space lots. 2. Maintenance of Parks and Landscaping. All parks, trails, landscaping and similar improvements not maintained by a property owner's association or individual property owner must be completed and annexed into a Lighting and Landscape Maintenance District, or other entity or mechanism as determined by the City of Menifee (City) 3. Fire Facilities Dedications. All fire facilities required by the project shall be dedicated to the City of Menifee. 4. Park Dedication. All Quimby or other park fees or dedication for parkland and park improvements shall be made or paid to the City of Menifee or other entity or mechanism as determined by the City of Menifee. 5. Previous Conditions of Approval. These Conditions of Approval and the subsequent new conditions from the City of Menifee supersede all previous conditions of approval placed on Tentative Tract Map No. 31390 and all previous conditions of approval that conflict with these Conditions of Approval and any subsequent new conditions from the City of Menifee are rendered null and void. 6. Conditions in Construction Drawings. Any submittal of construction drawings, grading plans, improvement plans, etc., shall include a copy of these conditions of approval (in full) immediately following the cover sheet of such plans. 7. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In 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. Conditions of Approval for TR31390 Extension of Time No. 1 (2009-037) 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) 7. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Plot Plan or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Tentative Tract Map No. 31390, Specific Plan No. 209, and Environmental Impact Report No. 436. 9. 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 24 hours. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" within 48 hours. 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. 10. Inadvertent Archaeological 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 in consultation with the Pechanga Band of Luiseno Mission Indians. In the event that resources are identified: a. 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 Pechanga representative and the Planning Director to discuss the significance of the find. b. 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 Conditions of Approval for TR31390 Extension of Time No. 1 (2009-037) Pechanga, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. C. Grading of further ground disturbance shall not resume within the area of the discover until an agreement has been reached by al parties as to the appropriate mitigation. 9. Prior to Issuance of Gradinq Permits (Fugitive Dust Control The project developer shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The project developer shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: (a) Use watering to control dust generation during demolition of structures or break- up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50 percent; (b) Water active grading/excavation sites and unpaved surfaces at least three times daily; (c) All paved roads, parking and staging areas must be watered at least once every two hours of active operations; (d) Site access points must be swept/washed within thirty minutes of visible dirt deposition; (e) Sweep daily (with water sweepers) all paved parking areas and staging areas; (f) Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; (g) Cover stockpiles with tarps or apply non -toxic chemical soil binders; (h) All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard. If fugitive dust from vehicles becomes a problem, the City reserves the right to require all haul trucks to be covered while on public roads commencing within seven (7) days of written notice; (i) All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; Q) Install wind breaks at the windward sides of construction areas; Conditions of Approval for TR31390 Extension of Time No. 1 (2009-037) (k) Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; (1) Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust; (m) All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; (n) All loads shall be secured by covering, trimming, watering or other appropriate means to prevent spillage and dust; (o) Traffic speeds on unpaved roads must be limited to 15 miles per hour; (p) Provide daily clean-up of mud and dirt carried onto paved streets from the site; (q) Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; (r) All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; (s) Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and (t) An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. Landscaping COAs 10. General Condition — Viable Landscaping - All plant materials within landscaped common areas shall be maintained in a viable growth condition throughout the life of this permit. 11. Prior to Issuance of Building Permits — Landscaping Securities for HOA and Open Space Lots - Performance securities, in amounts to be determined by the Community Development Director to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Planning Department. Securities may require review by the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One -Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. 12. Prior to Building Occupancy — Landscape/Irrigation Install Inspection for HOA and Open Space Lots - The permit holder's landscape architect responsible for preparing Conditions of Approval for TR31390 Extension of Time No. 1 (2009-037) the Landscaping and Irrigation Plans shall arrange for an Installation Inspection with the Planning Department at least fifteen (15) working days prior to final Inspection of the structure or issuance of occupancy permit, whichever occurs first. Upon successful completion of the Installation Inspection and compliance with the Planning Department's Milestone 80 conditions entitled "MAP -LANDSCAPING SECURITIES (For HOA and Open Space Lots) and MAP- LNDSCPE INSPECTION DEPOS," both the Planning Department's Landscape Inspector and the permit holder's landscape architect shall execute a Certificate of Completion that shall be submitted to the Planning Department and the Department of Building and Safety. Costs associated with the Installation Inspection will be charged to a landscape deposit account. 13. Prior to Issuance of Occupancy Permits — Front Yard Typical Landscaping - All front yards shall be provided with landscaping and automatic irrigation as defined by County Ordinance No. 348. Landscaping and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04, Riverside County Guide to California Friendly Landscaping, and Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts. The front yard landscaping must be installed prior to final occupancy release. 13. Prior to Building Occupancy — Specimen Trees Required - Landscaping plans shall incorporate the use of specimen (minimum 15 gallon size) canopy trees long streets and within the parking areas. All trees and shrubs shall be drawn to reflect the average specimen size at 15 years of age. All trees shall be double -staked and secured with non - wire ties. 14. Prior to Building Occupancy — Comply with Landscape and Irrigation Plan - All required landscape planting and irrigation shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, and City of Menifee Municipal Code Chapter 15.04, Riverside County Guide to California Landscaping, Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts and any requirements of the Eastern Municipal Water District. All landscape and irrigation components shall be in a condition acceptable to the Planning Department through the implementation of the Department's Milestone 90 condition entitled "MAP — LANDSCAPE/IRRIG INSTALL INS." The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. Park Conditions 14. Park 40F - Prior to the Issuance of the 100t'' Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 100th building permit within the SPECIFIC PLAN, whichever occurs first, the linear park/paseo designated as Planning Area 40F shall be offered for dedication to the City or an entity designated by the City of Menifee or directly or through an appropriate mechanism as agreed to by the City and the applicant. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40F. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by the City or other entity acceptable to the City of Menifee. 15. Park 40F - Prior to the Issuance of the 350t' Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 350th building permit within the SPECIFIC PLAN Conditions of Approval for TR31390 Extension of Time No. 1 (2009-037) whichever occurs first, the park site within Open Space Lot 444 (Planning Area 40F) shall be constructed and fully operable. The annexation to the City or an entity designated by the City of Menifee or other mechanism as agreed to by the City and the application for maintenance of Open Space Lot 444 (Park 40F) shall be completed. 16. Park 39 — Prior to the Issuance of the 300th Building Permit in the SPECIFIC PLAN —PRIOR TO THE ISSUANCE OF THE 300th building permit within the SPECIFIC PLAN, the park designated as Open Space Lot 447 (Planning Area 39) shall be offered for dedication to the City or an entity designated by the City of Menifee or another mechanism as agreed to by the City and the applicant. Additionally, a minor plot plan application shall be filed with the Planning Department showing the detailed park plans for Planning Area 39. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by the City or an entity designated by the City of Menifee. 17. Park 39 - Prior to the Issuance of the 300' Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 3001h building permit within the SPECIFIC PLAN, the park site within Open Space Lot 447 (Planning Area 39) shall be constructed and fully operable. The park shall be maintained by the developer until annexation into a maintenance district or other mechanism as agreed to by the City. 18. Park 39 - Prior to the Issuance of the 350th Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 350th building permit within the SPECIFIC PLAN, annexation to the City or an entity designated by the City of Menifee or other mechanism as agreed to by the City and the applicant for maintenance of the Park in Planning Area 39 shall be completed. 19. Park 31 — Prior to the Issuance of the 300th Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 300th building permit in the SPECIFIC PLAN, the park designated as Planning Area 31, shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for the Planning Area 31. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 20. Park 31 - Prior to the Issuance of the 650' Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 6501h building permit within the SPECIFIC PLAN, whichever occurs first, the park site within Planning Area 31 shall be constructed and fully operable. 21. Park 40E - Prior to the Issuance of the 700th Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 700th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40E shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40E. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. Conditions of Approval for TR31390 Extension of Time No. 1 (2009-037) 22. Park 40B - Prior to the Issuance of the 900th Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 900th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40B shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40B. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 23. Park 40E - Prior to the Issuance of the 900th Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 900th building permit within the SPECIFIC PLAN, the park site within Planning Area 40E shall be constructed and fully operable. 24. Park 40G - Prior to the Issuance of the 900th Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 900th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40G shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40G. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 25. Park 40G - Prior to the Issuance of the 1 060thth Building Permit in the Specific Plan — The park designated as Planning Area 40G shall be constructed and fully operational prior to the issuance of the 1,060th building permit. 26. Park 40B - Prior to the Issuance of the 1 100thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1100th building permit within the SPECIFIC PLAN, the park site within Planning Area 40B shall be constructed and fully operable. 27. Park 40D - Prior to the Issuance of the 1 100thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1100th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40D and the activity park located in Planning Area 9 shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40D and Planning Area 9. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 28. Park 42 - Prior to the Issuance of the 1,250thth Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 1250th building permit within the SPECIFIC PLAN, the park and community center designated as Planning Area 42 shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 42. The plans need not be working drawings, but shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee prior to approval by the Planning Department. Proof of such approval shall be submitted to the Planning Department. Conditions of Approval for TR31390 Extension of Time No. 1 (2009-037) 29. Park 42 - Prior to the Issuance of the 1 350thth Building Permit in the Specific Plan — The park and community center designated as Planning Area 42 shall be constructed and fully operational prior to the issuance of the 1,350th building permit. 30. Park 40D and 9 - Prior to the Issuance of the 1 400thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1400th building permit within the SPECIFIC PLAN, the park site within Planning Area 40D and Planning Area 9 shall be constructed and fully operable. 31. Park 40C - Prior to the Issuance of the 1,400thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1400th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40C shall be offered for dedication to the City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40C. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 32. Park 40A - Prior to the Issuance of the 1 600thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1600th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40A shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40A. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 33. Park 40A - Prior to the Issuance of the 1,800thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1800th building permit within the SPECIFIC PLAN, the park site within Planning Area 40A shall be constructed and fully operable. Open Space Lot Conditions 15. Prior to Occupancy — Open Space Lot 192 and 194 — Prior to the final occupancy of any of the following lots, Lot 1 through Lot 37, landscaping within open space lots 192 and 194 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 16. Prior to Occupancy — Open Space Lot 191, 195 and 196 — Prior to the final occupancy of any of the following lots, Lot 118 through Lot 124 and Lot 179 through Lot 186, landscaping within open space lots 191, 195 and 196 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 17. Prior to Occupancy — Open Space Lot 199 — Prior to the final occupancy of any of the following lots, Lot 57 through Lot 70, landscaping within open space lot 199 as shown on Conditions of Approval for TR31390 Extension of Time No. 1 (2009-037) the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 18. Prior to Occupancy — Open Space Lot 198 — Prior to the final occupancy of any of the following lots, Lot 66 through Lot 74 and Lot 86 through Lot 91, landscaping within open space lot 198 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 19. Prior to Occupancy — Open Space Lot 189 — Prior to the final occupancy of any of the following lots, Lot 97 through Lot 100 and Lot 106 through Lot 109, landscaping within open space lot 189 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 20. Prior to Occupancy — Open Space Lot 190 — Prior to the final occupancy of any of the following lots, Lot 141 through Lot 150, landscaping within open space lot 190 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 21. Prior to Occupancy — Open Space Lot 197 — Prior to the final occupancy of any of the following lots, Lot 167 through Lot 172, landscaping within open space lot 197 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." Engineering Conditions General Condition — MS4 Requirements — The project shall comply with the applicable provisions of SARWQCB Order No. R8-2010-0033 and NPDES No. CAS 618033 as required by the California and Regional Water Quality Control Board. All MS4 Permit Features, common landscaping, the Restrictive Covenant, parks and open space are to be annexed to the Landscape Lighting Maintenance District ("LLMD") or City -designated entity for maintenance, or implemented through any other means acceptable to the Director of Public Works. 2. General Condition — Concrete Specs — All concrete for public improvements shall be 3,200 psi, 24 day strength. 3. General Condition - Inspections for Transportation/Engineering COAs — .All inspections required by these conditions shall be conducted by the City of Menifee or other entity acceptable by the City of Menifee. Conditions of Approval for TR31390 Extension of Time No. 1 (2009-037) 4. General Condition — As Builts Required — Provide road, utility, water quality and flood control as -built drawings prior to the City (LLMD) or other entity accepting any improvements for maintenance. 5. Prior to Building Permit Issuance — Graffiti Abatement - The project proponent shall file an application for annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for graffiti abatement of walls and other permanent structures along City maintained road rights -of -way or such other mechanism approved by the City of Menifee. 6. Prior to Building Permit Issuance — Traffic Signals — The project proponent shall comply in accordance with traffic signal requirements within public road rights -of -way, as directed by the Engineering/Public Works 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). 7. Prior to Building Permit Issuance — Soil and Subgrade — Prior to building permit issuance, provide documentation of soil and subgrade compaction for review and approval by the Engineering Department. 8. Prior to Building Occupancy— Bike Lanes — Project applicant shall be responsible for the design of a striping plan for 10' bike lanes on the south side of Newport Road and submission to the Engineering department for review and approval prior to final occupancy issuance. 9. Prior to Building Occupancy — Annexation into ULMD - Prior to issuance of an occupancy permit, the project proponent shall complete annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated or other mechanism approved by the City of Menifee for maintenance of traffic signals within public road rights -of -way and continuous landscape maintenance within for continuous landscape maintenance within public road rights -of -way, in accordance with Ordinance 461. 10. Prior to Building Occupancy — Graffiti Abatement - Prior to issuance of an occupancy permit the project proponent shall complete annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for graffiti abatement of walls and other permanent structures along City maintained road rights -of -way or other such mechanism as the City approves. 11. Prior to Building Occupancy — Utility Plan - 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 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. Evidence of project proponent initiating the design and/or application of the relocation issued by the utility company shall be submitted to the Engineering Department for verification purposes. Conditions of Approval for TR31390 Extension of Time No. 1 (2009-037) 12. Prior to Building Occupancy — Utility Installation - 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 or other documentation deemed acceptable of evidence compliance with this condition by the City should be obtained from the pertinent utility company or utility subcontractor and submitted to the Engineering Department as proof of completion. 13. Prior to Building Occupancy — Bike Lane - Project applicant shall submit fee in lieu of the installation of the bike land striping per the approved striping plan prior to certificate of occupancy. 14. Prior to Building Occupancy — Additional Improvements - Prior to the issuance of the final certificate of occupancy for the last unit in each respective tract, the following requirements are effective: Prior to obtaining issuance of encroachment permit from the City to construct a required 14' wide/200' long/90' transition, designated right turn lane, with adjacent 5' bike lane, on Newport Road at the intersection of Minor Road (or provide an alternative right turn lane configuration as approved by the Public Works Director), Project applicant will dedicate to the City necessary additional right of way for such designated right turn lane and 5' bike lane and, within 60 days of obtaining from the City an encroachment permit to construct such Newport improvements, will commence construction, and complete construction of such improvements within 12 months thereafter. Upon completion and acceptance of such improvements, City shall credit to Sutter Mitland 01 LLC an amount equal to the following actual costs, which costs shall be supported by complete receipts and records and verified by the Public Works Director. Direct costs of design of the turn lane and bike trail; Direct costs of construction of improvements, including construction management; Utility relocation (as required of Developer) Direct costs of temporary detours and security. Costs of liability and construction insurance as pro -rated for this construction City fees and costs (including but not limited to encroachment fees, plan check and inspections) Such amount shall be credited against Developer Impact Fees otherwise owing pursuant to Riverside County Ordinance No. 659, as adopted by the City and as may be amended, for the following categories of fees for Area Plan 17: C Transportation - Roads, Bridges, Major Improvements D Transportation - Signals H Regional Multipurpose Trails K Fee Program Administration Conditions of Approval for TR31390 Extension of Time No. 1 (2009-037) 15. Prior to Building Occupancy - Advance Street Name Sign — Project applicant shall install advance street name signs approved by the Engineering Department on Newport Road for advance warning of intersecting street prior to certificate of occupancy. 16. Prior to Building Occupancy - Slopes — Prior to certificate of occupancy the applicant shall install landscaping and irrigation on all slopes exceeding five feet in height to the satisfaction of the Planning and Engineering departments. 17. Prior to Building Occupancy - Water Quality — Prior to certificate of occupancy, and subject to the terms and conditions of, and at the times set forth in the Order for compliance, all proposed water quality features shall comply with any applicable requirements of the City's MS4 Permit, Regional Water Quality Control Board Order No. R8-2010-0033 effective 1/29/2010 or the latest requirements, as it may be renewed or amended from time to time. 18. Prior to Building Occupancy - BMP Maintenance — This project proposes BMP facilities that are required to be maintained by a lighting and landscape maintenance district. To ensure that the initial residents are not unduly burdened with future costs, prior to certificate of occupancy, the City requires an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMPs until turnover to the property owners. This may consist of a mechanism to assess individual benefiting property owners, or other means approved by the City. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. This requirement includes the BMP's on the south side of Salt Creek, opposite of this Tract and the proportionate share of the annual maintenance cost of the Restrictive Covenant in Salt Creek once it is accepted for maintenance by the City. The proportionate share shall be the total annual costs of maintenance including administration divided by the number of housing units within Audie Murphy Ranch. The annual maintenance costs will be subject to cost adjustments every other year. The BMP maintenance plan shall contain provisions for all treatment controlled BMPs to be inspected, and if required, cleaned no later than October 15 each year. Required documentation shall identify the entity that will inspect and maintain all structural BMPs within the project boundaries. A copy of all necessary documentation shall be submitted to the City for review and approval prior to the issuance of occupancy permits. Conditions of Approval for TR31390 Extension of Time No. 1 (2009-037) 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, specifically including those reorganized and added, and that I so consent as of the date set out below. Signed Name (please print) Date Title (please print) CONDITIONS OF APPROVAL FOR THE FIRST EXTENSION OF TIME FOR TENTATIVE TRACT MAP 31392 CITY OF MENIFEE GENERAL CONDITIONS FOR ALL PHASES Approved Project. The land division hereby permitted is to subdivide 155 acres into 90 Schedule "A" lots with a minimum lot size of 7,200 square feet and one (1) 125-acre open space lot. 2. Maintenance of Parks and Landscaping. All parks, trails, landscaping and similar improvements not maintained by a property owner's association or individual property owner must be completed and annexed into a Lighting and Landscape Maintenance District, or other entity or mechanism as determined by the City of Menifee (City) 3. Fire Facilities Dedications. All fire facilities required by the project shall be dedicated to the City of Menifee. 4. Park Dedication. All Quimby or other park fees or dedication for parkland and park improvements shall be made or paid to the City of Menifee or other entity or mechanism as determined by the City of Menifee. 5. Previous Conditions of Approval. These Conditions of Approval and the subsequent new conditions from the City of Menifee supersede all previous conditions of approval placed on Tentative Tract Map No. 31392 and all previous conditions of approval that conflict with these Conditions of Approval and any subsequent new conditions from the City of Menifee are rendered null and void. 6. Conditions in Construction Drawings. Any submittal of construction drawings, grading plans, improvement plans, etc., shall include a copy of these conditions of approval (in full) immediately following the cover sheet of such plans. 7. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In 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. Conditions of Approval for TR31392 Extension of Time No. 1 (2009-037) 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) 8. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Plot Plan or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Tentative Tract Map No. 31392, Specific Plan No. 209, and Environmental Impact Report No. 436. 9. 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 24 hours. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" within 48 hours. 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. 10.Inadvertent Archaeological 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 in consultation with the Pechanga Band of Luiseno Mission Indians. In the event that resources are identified: a. 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 Pechanga representative and the Planning Director to discuss the significance of the find. Conditions of Approval for TR31392 Extension of Time No. 1 (2009-037) b. 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 Pechanga, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. C. Grading of further ground disturbance shall not resume within the area of the discover until an agreement has been reached by al parties as to the appropriate mitigation.. 9. Prior to Issuance of Grading Permits (Fugitive Dust Control) The project developer shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The project developer shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: (a) Use watering to control dust generation during demolition of structures or break- up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50 percent; (b) Water active grading/excavation sites and unpaved surfaces at least three times daily; (c) All paved roads, parking and staging areas must be watered at least once every two hours of active operations; (d) Site access points must be swept/washed within thirty minutes of visible dirt deposition; (e) Sweep daily (with water sweepers) all paved parking areas and staging areas; (f) Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; (g) Cover stockpiles with tarps or apply non -toxic chemical soil binders; (h) All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard. If fugitive dust from vehicles becomes a problem, the City reserves the right to require all haul trucks to be covered while on public roads commencing within seven (7) days of written notice; (i) All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; Conditions of Approval for TR31392 Extension of Time No. 1 (2009-037) 0) Install wind breaks at the windward sides of construction areas; (k) Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; (1) Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust; (m) All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; (n) All loads shall be secured by covering, trimming, watering or other appropriate means to prevent spillage and dust; (o) Traffic speeds on unpaved roads must be limited to 15 miles per hour; (p) Provide daily clean-up of mud and dirt carried onto paved streets from the site; (q) Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; (r) All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; (s) Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and (t) An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. Landscaping Conditions 10. General Condition — Viable Landscaping - All plant materials within landscaped common areas shall be maintained in a viable growth condition throughout the life of this permit. 10. Prior to Issuance of Building Permits — Landscaping Securities for HOA and Open Space Lots - Performance securities, in amounts to be determined by the Community Development Director to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Planning Department. Securities may require review by the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One -Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. Conditions of Approval for TR31392 Extension of Time No. 1 (2009-037) 11. Prior to Building Occupancy — Landscape/Irrigation Install Inspection for HOA and Open Space Lots - The permit holder's landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for an Installation Inspection with the Planning Department at least fifteen (15) working days prior to final Inspection of the structure or issuance of occupancy permit, whichever occurs first. Upon successful completion of the Installation Inspection and compliance with the Planning Department's Milestone 80 conditions entitled "MAP -LANDSCAPING SECURITIES (For HOA and Open Space Lots) and MAP- LNDSCPE INSPECTION DEPOS," both the Planning Department's Landscape Inspector and the permit holder's landscape architect shall execute a Certificate of Completion that shall be submitted to the Planning Department and the Department of Building and Safety. Costs associated with the Installation Inspection will be charged to a landscape deposit account. 12. Prior to Issuance of Occupancy Permits — Front Yard Typical Landscaping - All front yards shall be provided with landscaping and automatic irrigation as defined by County Ordinance No. 348. Landscaping and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04, Riverside County Guide to California Friendly Landscaping, and Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts. The front yard landscaping must be installed prior to final occupancy release. 13. Prior to Building Occupancy — Specimen Trees Required - Landscaping plans shall incorporate the use of specimen (minimum 15 gallon size) canopy trees long streets and within the parking areas. All trees and shrubs shall be drawn to reflect the average specimen size at 15 years of age. All trees shall be double -staked and secured with non - wire ties. 13. Prior to Building Occupancy — Comply with Landscape and Irrigation Plan - All required landscape planting and irrigation shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, and City of Menifee Municipal Code Chapter 15.04, Riverside County Guide to California Landscaping, Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts and any requirements of the Eastern Municipal Water District. All landscape and irrigation components shall be in a condition acceptable to the Planning Department through the implementation of the Department's Milestone 90 condition entitled "MAP — LANDSCAPE/IRRIG INSTALL INS." The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. Park Conditions 14. Park 40F - Prior to the Issuance of the 100th Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 100th building permit within the SPECIFIC PLAN, whichever occurs first, the linear park/paseo designated as Planning Area 40F shall be offered for dedication to the City or an entity designated by the City of Menifee or another mechanism as agreed to by the City and the applicant. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40F. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by the City or other entity acceptable to the City of Menifee. Conditions of Approval for TR31392 Extension of Time No. 1 (2009-037) 15. Park 40F - Prior to the Issuance of the 350m Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 350th building permit within the SPECIFIC PLAN whichever occurs first, the park site within Open Space Lot 444 (Planning Area 40F) shall be constructed and fully operable. The annexation to the City or an entity designated by the City of Menifee or other mechanism as agreed to by the City and the application for maintenance of Open Space Lot 444 (Park 40F) shall be completed. 16. Park 39 — Prior to the Issuance of the 300th Building Permit in the SPECIFIC PLAN —PRIOR TO THE ISSUANCE OF THE 300th building permit within the SPECIFIC PLAN, the park designated as Open Space Lot 447 (Planning Area 39) shall be offered for dedication to the City or an entity designated by the City of Menifee or another mechanism as agreed to by the City and the applicant. Additionally, a minor plot plan application shall be filed with the Planning Department showing the detailed park plans for Planning Area 39. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by the City or an entity designated by the City of Menifee. 17. Park 39 - Prior to the Issuance of the 300t' Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 300th building permit within the SPECIFIC PLAN, the park site within Open Space Lot 447 (Planning Area 39) shall be constructed and fully operable. The park shall be maintained by the developer until annexation into a maintenance district or other mechanism as agreed to by the City. 18. Park 39 - Prior to the Issuance of the 350th Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 3501h building permit within the SPECIFIC PLAN, annexation to the City or an entity designated by the City of Menifee or other mechanism as agreed to by the City and the applicant for maintenance of the Park in Planning Area 39 shall be completed. 19. Park 31 — Prior to the Issuance of the 300' Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 3001h building permit in the SPECIFIC PLAN, the park designated as Planning Area 31, shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for the Planning Area 31. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 20. Park 31 - Prior to the Issuance of the 650m Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 650th building permit within the SPECIFIC PLAN, whichever occurs first, the park site within Planning Area 31 shall be constructed and fully operable. 21. Park 40E - Prior to the Issuance of the 70011 Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 700th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40E shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40E. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. Conditions of Approval for TR31392 Extension of Time No. 1 (2009-037) 22. Park 40B - Prior to the Issuance of the 90011 Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 900th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40B shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40B. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 23. Park 40E - Prior to the Issuance of the 900th Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 900th building permit within the SPECIFIC PLAN, the park site within Planning Area 40E shall be constructed and fully operable. 24. Park 40G - Prior to the Issuance of the 9001h Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 900th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40G shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40G. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 25. Park 40G - Prior to the Issuance of the 1 060thth Building Permit in the Specific Plan — The park designated as Planning Area 40G shall be constructed and fully operational prior to the issuance of the 1,060th building permit. 26. Park 40B - Prior to the Issuance of the 1 100thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1100th building permit within the SPECIFIC PLAN, the park site within Planning Area 40B shall be constructed and fully operable. 27. Park 40D - Prior to the Issuance of the 1 100thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1100th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40D and the activity park located in Planning Area 9 shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40D and Planning Area 9. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 28. Park 42 - Prior to the Issuance of the 1 250thth Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 1250th building permit within the SPECIFIC PLAN, the park and community center designated as Planning Area 42 shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 42. The plans need not be working drawings, but shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee prior to approval by the Planning Department. Proof of such approval shall be submitted to the Planning Department. Conditions of Approval for TR31392 Extension of Time No. 1 (2009-037) 29. Park 42 - Prior to the Issuance of the 1 350thth Building Permit in the Specific Plan — The park and community center designated as Planning Area 42 shall be constructed and fully operational prior to the issuance of the 1,350th building permit. 30. Park 40D and 9 - Prior to the Issuance of the 1 400thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1400th building permit within the SPECIFIC PLAN, the park site within Planning Area 40D and Planning Area 9 shall be constructed and fully operable. 31. Park 40C - Prior to the Issuance of the 1 400thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1400th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40C shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40C. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 32. Park 40A - Prior to the Issuance of the 1 600thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1600th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40A shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40A. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 33. Park 40A - Prior to the Issuance of the 1 800thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1800th building permit within the SPECIFIC PLAN, the park site within Planning Area 40A shall be constructed and fully operable. Open Space Lot Conditions 11. Prior to Occupancy — Open Space Lots Adjacent to Newport Road — Prior to the first final occupancy within the tract, landscaping within the open space lots adjacent to Newport Road as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 12. Prior to Occupancy — Open Space Lot Adjacent to Lot 49 — Prior to the final occupancy of any of the following lots, Lot 25 and Lot 49„ landscaping within the open space lot adjacent to Lot 49 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." Conditions of Approval for TR31392 Extension of Time No. 1 (2009-037) 13. Prior to Occupancy — Open Space Lot Adiacent to Lot 52— Prior to the final occupancy of any of the following lots, Lot 20 and Lot 52, landscaping within the open space lot adjacent to Lot 52 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 14. Prior to Occupancy — Open Space Lot Adjacent to Lot 84 — Prior to the final occupancy of any of the following lots, Lot 84 and Lot 67, landscaping within the open space lot adjacent to Lot 84 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 15. Prior to Occupancy — Open Space Lot Adjacent to Lot 76 — Prior to the final occupancy of any of the following lots, Lot 75 and 76, landscaping within the open space lot adjacent to Lot 76 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 16. Prior to Occupancy — Open Space Lot Adiacent to Lot 26 — Prior to the final occupancy of any of the following lots, Lot 26 and 27, landscaping within the open space lot adjacent to Lot 26 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 17. Prior to Occupancy — Open Space Lot Surrounding the Tract — Prior to the final occupancy of any of the following lots, Lot 36 through Lot 52 and Lot 76 through Lot 90 or prior to issuance of the 45'h building permit, whichever occurs first, landscaping within open space lot surrounding the tract as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." Engineering Conditions General Condition — MS4 Requirements — The project shall comply with the applicable provisions of SARWQCB Order No. R8-2010-0033 and NPDES No. CAS 618033 as required by the California and Regional Water Quality Control Board. All MS4 Permit Features, common landscaping, the Restrictive Covenant, parks and open space are to be annexed to the Landscape Lighting Maintenance District ("LLMD") or City -designated entity for maintenance, or implemented through any other means acceptable to the Director of Public Works. Conditions of Approval for TR31392 Extension of Time No. 1 (2009-037) 2. General Condition — Concrete Specs — All concrete for public improvements shall be 3,200 psi, 24 day strength. 3. General Condition - Inspections for Trans portation/Engineerinq COAs — All inspections required by these conditions shall be conducted by the City of Menifee or other entity acceptable by the City of Menifee. 4. General Condition — As Builts Required — Provide road, utility, water quality and flood control as -built drawings prior to the City (LLMD) or other entity accepting any improvements for maintenance. 5. Prior to Building Permit Issuance — Graffiti Abatement - The project proponent shall file an application for annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for graffiti abatement of walls and other permanent structures along City maintained road rights -of -way or such other mechanism approved by the City of Menifee. 6. Prior to Building Permit Issuance — Traffic Signals — The project proponent shall comply in accordance with traffic signal requirements within public road rights -of -way, as directed by the Engineering/Public Works 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). 7. Prior to Building Permit Issuance — Soil and Subgrade — Prior to building permit issuance, provide documentation of soil and subgrade compaction for review and approval by the Engineering Department. 8. Prior to Building Occupancy — Bike Lanes — Project applicant shall be responsible for the design of a striping plan for 10' bike lanes on the south side of Newport Road and submit to the Engineering department for review and approval prior to building permit issuance. 9. Prior to Building Occupancy — Annexation into ULMD - Prior to issuance of an occupancy permit, the project proponent shall complete annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated or other mechanism approved by the City of Menifee for maintenance of traffic signals within public road rights -of -way and continuous landscape maintenance within for continuous landscape maintenance within public road rights -of -way, in accordance with Ordinance 461. 10. Prior to Building Occupancy — Graffiti Abatement - Prior to issuance of an occupancy permit the project proponent shall complete annexation to Landscaping and Lighting Maintenance District NO. 89-1-Consolidated for graffiti abatement of walls and other permanent structures along City maintained road rights -of -way or other such mechanism as the City approves. 11. Prior to Building Occupancy — Utility Plan - 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 Engineering Department. The applicant is responsible for coordinating the work with the Conditions of Approval for TR31392 Extension of Time No. 1 (2009-037) 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. Evidence of project proponent initiating the design and/or application of the relocation issued by the utility company shall be submitted to the Engineering Department for verification purposes. 12. Prior to Building Occupancy — Utility Installation - 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 or other documentation deemed acceptable of evidence compliance with this condition by the City should be obtained from the pertinent utility company or utility subcontractor and submitted to the Engineering Department as proof of completion. 13. Prior to Building Occupancy — Bike Lane - Project applicant shall submit fee in lieu of the installation of the bike lane striping per the approved striping plan prior to certificate of occupancy. 14. Prior to Building Occupancy — Additional Improvements - Prior to the issuance of the final certificate of occupancy for the last unit in each respective tract, the following requirements are effective: Prior to obtaining issuance of encroachment permit from the City to construct a required 14' wide/200' long/90' transition, designated right turn lane, with adjacent 5' bike lane, on Newport Road at the intersection of Minor Road (or provide an alternative right turn lane configuration as approved by the Public Works Director), Project applicant will dedicate to the City necessary additional right of way for such designated right turn lane and 5' bike lane and, within 60 days of obtaining from the City an encroachment permit to construct such Newport improvements, will commence construction, and complete construction of such improvements within 12 months thereafter. Upon completion and acceptance of such improvements, City shall credit to Sutter Mitland 01 LLC an amount equal to the following actual costs, which costs shall be supported by complete receipts and records and verified by the Public Works Director. Direct costs of design of the turn lane and bike trail; Direct costs of construction of improvements, including construction management; Utility relocation (as required of Developer) Direct costs of temporary detours and security. Costs of liability and construction insurance as pro -rated for this construction City fees and costs (including but not limited to encroachment fees, plan check and inspections) Such amount shall be credited against Developer Impact Fees otherwise owing pursuant to Riverside County Ordinance No. 659, as adopted by the City and as may be amended, for the following categories of fees for Area Plan 17: Conditions of Approval for TR31392 Extension of Time No. 1 (2009-037) C Transportation - Roads, Bridges, Major Improvements D Transportation - Signals H Regional Multipurpose Trails K Fee Program Administration 15. Prior to Building Occupancy - Advance Street Name Sign — Project applicant shall install advance street name signs approved by the Engineering Department on Newport Road for advance warning of intersecting street prior to certificate of occupancy. 16. Prior to Building Occupancy - Slopes — Prior to certificate of occupancy the applicant shall install landscaping and irrigation on all slopes exceeding five feet in height to the satisfaction of the Planning and Engineering departments. 17. Prior to Building Occupancy - Water Quality — The project shall comply with the applicable provisions of SARWQCB Order No. R8-2010-0033 and NPDES No. CAS 618033 as required by the California and Regional Water Quality Control Board. All MS4 Permit Features, common landscaping, the Restrictive Covenant, parks and open space are to be annexed to the Landscape Lighting Maintenance District ("LLMD") or City -designated entity for maintenance, or implemented through any other means acceptable to the Director of Public Works. 18. Prior to Building Occupancy - BMP Maintenance — This project proposes BMP facilities that are required to be maintained by a lighting and landscape maintenance district. To ensure that the initial residents are not unduly burdened with future costs, prior to certificate of occupancy, the City requires an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMPs until turnover to the property owners. This may consist of a mechanism to assess individual benefiting property owners, or other means approved by the City. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. This requirement includes the BMP's on the south side of Salt Creek, opposite of this Tract and the proportionate share of the annual maintenance cost of the Restrictive Covenant in Salt Creek once it is accepted for maintenance by the City. The proportionate share shall be the total annual costs of maintenance including administration divided by the number of housing units within Audie Murphy Ranch. The annual maintenance costs will be subject to cost adjustments every other year. The BMP maintenance plan shall contain provisions for all treatment controlled BMPs to be inspected, and if required, cleaned no later than October 15 each year. Required documentation shall identify the entity that will inspect and maintain all structural BMPs within the project boundaries. A copy of all necessary documentation shall be submitted to the City for review and approval prior to the issuance of occupancy permits. Conditions of Approval for TR31392 Extension of Time No. 1 (2009-037) 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, specifically including those reorganized and added, and that I so consent as of the date set out below. Signed Name (please print) Date Title (please print) CONDITIONS OF APPROVAL FOR THE FIRST EXTENSION OF TIME FOR TENTATIVE TRACT MAP 31393 CITY OF MENIFEE GENERAL CONDITIONS FOR ALL PHASES Approved Project. The land division hereby permitted is a Schedule "A" subdivision of 152.49 acres into 94 single family residential lots and 12 open space lots. 2. Maintenance of Parks and Landscaping. All parks, trails, landscaping and similar improvements not maintained by a property owner's association or individual property owner must be completed and annexed into a Lighting and Landscape Maintenance District, or other entity or mechanism as determined by the City of Menifee (City) 3. Fire Facilities Dedications. All fire facilities required by the project shall be dedicated to the City of Menifee. 4. Park Dedication. All Quimby or other park fees or dedication for parkland and park improvements shall be made or paid to the City of Menifee or other entity or mechanism as determined by the City of Menifee. 5. Previous Conditions of Approval. These Conditions of Approval and the subsequent new conditions from the City of Menifee supersede all previous conditions of approval placed on Tentative Tract Map No. 31393 and all previous conditions of approval that conflict with these Conditions of Approval and any subsequent new conditions from the City of Menifee are rendered null and void. 6. Conditions in Construction Drawings. Any submittal of construction drawings, grading plans, improvement plans, etc., shall include a copy of these conditions of approval (in full) immediately following the cover sheet of such plans. 7. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In 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. Conditions of Approval for TR31393 Extension of Time No. 1 (2009-037) 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) 8. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Plot Plan or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Tentative Tract Map No. 31393, Specific Plan No. 209, and Environmental Impact Report No. 436. 9. 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 24 hours. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" within 48 hours. 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. 10. Inadvertent Archaeological 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 in consultation with the Pechanga Band of Luiseno Mission Indians. In the event that resources are identified: a. 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 Pechanga representative and the Planning Director to discuss the significance of the find. b. 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 Conditions of Approval for TR31393 Extension of Time No. 1 (2009-037) Pechanga, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. C. Grading of further ground disturbance shall not resume within the area of the discover until an agreement has been reached by al parties as to the appropriate mitigation. 9. Prior to Issuance of Grading Permits (Fugitive Dust Control The project developer shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The project developer shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: (a) Use watering to control dust generation during demolition of structures or break- up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50 percent; (b) Water active grading/excavation sites and unpaved surfaces at least three times daily; (c) All paved roads, parking and staging areas must be watered at least once every two hours of active operations; (d) Site access points must be swept/washed within thirty minutes of visible dirt deposition; (e) Sweep daily (with water sweepers) all paved parking areas and staging areas; (f) Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; (g) Cover stockpiles with tarps or apply non -toxic chemical soil binders; (h) All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard. If fugitive dust from vehicles becomes a problem, the City reserves the right to require all haul trucks to be covered while on public roads commencing within seven (7) days of written notice; (i) All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; (j) Install wind breaks at the windward sides of construction areas; Conditions of Approval for TR31393 Extension of Time No. 1 (2009-037) (k) Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; (1) Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust; (m) All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; (n) All loads shall be secured by covering, trimming, watering or other appropriate means to prevent spillage and dust; (o) Traffic speeds on unpaved roads must be limited to 15 miles per hour; (p) Provide daily clean-up of mud and dirt carried onto paved streets from the site; (q) Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; (r) All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; (s) Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and (t) An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. Landscaping COAs 10. General Condition — Viable Landscaping - All plant materials within landscaped common areas shall be maintained in a viable growth condition throughout the life of this permit. 10. Prior to Issuance of Building Permits — Landscaping Securities for HOA and Open Space Lots - Performance securities, in amounts to be determined by the Community Development Director to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Planning Department. Securities may require review by the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One -Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. Conditions of Approval for TR31393 Extension of Time No. 1 (2009-037) 11. Prior to Building Occupancy — Landscape/Irrigation Install Inspection for HOA and Open Space Lots - The permit holder's landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for an Installation Inspection with the Planning Department at least fifteen (15) working days prior to final Inspection of the structure or issuance of occupancy permit, whichever occurs first. Upon successful completion of the Installation Inspection and compliance with the Planning Department's Milestone 80 conditions entitled "MAP -LANDSCAPING SECURITIES (For HOA and Open Space Lots) and MAP- LNDSCPE INSPECTION DEPOS," both the Planning Department's Landscape Inspector and the permit holder's landscape architect shall execute a Certificate of Completion that shall be submitted to the Planning Department and the Department of Building and Safety. Costs associated with the Installation Inspection will be charged to a landscape deposit account. 12. Prior to Issuance of Occupancy Permits — Front Yard Typical Landscaping - All front yards shall be provided with landscaping and automatic irrigation as defined by County Ordinance No. 348. Landscaping and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04, Riverside County Guide to California Friendly Landscaping, and Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts. The front yard landscaping must be installed prior to final occupancy release. 13. Prior to Building Occupancy — Specimen Trees Required - Landscaping plans shall incorporate the use of specimen (minimum 15 gallon size) canopy trees long streets and within the parking areas. All trees and shrubs shall be drawn to reflect the average specimen size at 15 years of age. All trees shall be double -staked and secured with non - wire ties. 13. Prior to Building Occupancy — Comply with Landscape and Irrigation Plan - All required landscape planting and irrigation shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, and City of Menifee Municipal Code Chapter 15.04, Riverside County Guide to California Landscaping, Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts and any requirements of the Eastern Municipal Water District. All landscape and irrigation components shall be in a condition acceptable to the Planning Department through the implementation of the Department's Milestone 90 condition entitled "MAP — LANDSCAPE/IRRIG INSTALL INS." The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. Park Conditions 11. Park Open Space Lot 106 (PA 31) — Prior to the Issuance of the 15t Building Permit in the Tract Map — PRIOR TO THE ISSUANCE OF THE 1st building permit in the TRACT MAP, or PRIOR TO THE ISSUANCE OF THE 300th building permit in the SPECIFIC PLAN, whichever occurs first, the park designated as Park Open Space Lot 106 (9.57 acre park), shall be to the City or an entity designated by the City of Menifee or another mechanism as agreed to by the City and the applicant. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for the Park Open Space Lot 106. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by the City or other entity acceptable to the City of Menifee. Conditions of Approval for TR31393 Extension of Time No. 1 (2009-037) 12. Park Open Space Lot 106 (PA 31) - Prior to the Issuance of the 60th Building Permit in the Tract — PRIOR TO THE ISSUANCE OF THE 60th building permit within TRACT MAP, or PRIOR TO THE ISSUANCE OF THE 650th building permit within the SPECIFIC PLAN, whichever occurs first, the park site within Open Space Lot 106 shall be constructed and fully operable. 14. Park 40F - Prior to the Issuance of the 1001h Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 100th building permit within the SPECIFIC PLAN, whichever occurs first, the linear park/paseo designated as Planning Area 40F shall be offered for dedication to the City or an entity designated by the City of Menifee or another mechanism as agreed to by the City and the applicant. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40F. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by the City or other entity acceptable to the City of Menifee. 15. Park 40F - Prior to the Issuance of the 350th Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 350th building permit within the SPECIFIC PLAN whichever occurs first, the park site within Open Space Lot 444 (Planning Area 40F) shall be constructed and fully operable. The annexation to the City or an entity designated by the City of Menifee or other mechanism as agreed to by the City and the application for maintenance of Open Space Lot 444 (Park 40F) shall be completed. 16. Park 39 — Prior to the Issuance of the 30011 Building Permit in the SPECIFIC PLAN —PRIOR TO THE ISSUANCE OF THE 30011 building permit within the SPECIFIC PLAN, the park designated as Open Space Lot 447 (Planning Area 39) shall be offered for dedication to the City or an entity designated by the City of Menifee or another mechanism as agreed to by the City and the applicant. Additionally, a minor plot plan application shall be filed with the Planning Department showing the detailed park plans for Planning Area 39. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by the City or an entity designated by the City of Menifee. 17. Park 39 - Prior to the Issuance of the 300' Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 3001h building permit within the SPECIFIC PLAN, the park site within Open Space Lot 447 (Planning Area 39) shall be constructed and fully operable. The park shall be maintained by the developer until annexation into a maintenance district. 18. Park 39 - Prior to the Issuance of the 350th Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 350th building permit within the SPECIFIC PLAN, annexation to the City or an entity designated by the City of Menifee or other mechanism as agreed to by the City and the applicant for maintenance of the Park in Planning Area 39 shall be completed. 19. Park 40E - Prior to the Issuance of the 700t' Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 700th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40E shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the Conditions of Approval for TR31393 Extension of Time No. 1 (2009-037) detailed park plans for Planning Area 40E. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 20. Park 40B - Prior to the Issuance of the 900t' Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 900th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40B shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40B. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 21. Park 40E - Prior to the Issuance of the 900t' Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 900th building permit within the SPECIFIC PLAN, the park site within Planning Area 40E shall be constructed and fully operable. 22. Park 40G - Prior to the Issuance of the 900th Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 900th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40G shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40G. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 23. Park 40G - Prior to the Issuance of the 1 060tht' Building Permit in the Specific Plan — The park designated as Planning Area 40G shall be constructed and fully operational prior to the issuance of the 1,060th building permit. 24. Park 40B - Prior to the Issuance of the 1 100thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1100th building permit within the SPECIFIC PLAN, the park site within Planning Area 40B shall be constructed and fully operable. 25. Park 40D - Prior to the Issuance of the 1 100thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1100th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40D and the activity park located in Planning Area 9 shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40D and Planning Area 9. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 26. Park 42 - Prior to the Issuance of the 1 250thth Building Permit in the Specific Plan — PRIOR TO THE ISSUANCE OF THE 1250th building permit within the SPECIFIC PLAN, the park and community center designated as Planning Area 42 shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 42. The plans need not be working drawings, but shall show the landscape and irrigation plans, along with any Conditions of Approval for TR31393 Extension of Time No. 1 (2009-037) playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee prior to approval by the Planning Department. Proof of such approval shall be submitted to the Planning Department. 27. Park 42- Prior to the Issuance of the 1 350tht'' Building Permit in the Specific Plan — The park and community center designated as Planning Area 42 shall be constructed and fully operational prior to the issuance of the 1,350' building permit. 28. Park 40D and 9 - Prior to the Issuance of the 1 400tht" Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1400th building permit within the SPECIFIC PLAN, the park site within Planning Area 40D and Planning Area 9 shall be constructed and fully operable. 29. Off -site Park - Prior to the Issuance of the 1 400thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1400th building permit within the SPECIFIC PLAN, the off -site park located to the east of Planning Areas 6 and 7 shall be constructed and fully operable. 30. Park 40C - Prior to the Issuance of the 1 400thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1400th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40C shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40C. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 31. Park 40A - Prior to the Issuance of the 1 600tht' Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1600th building permit within the SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40A shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans for Planning Area 40A. The plans shall show the landscape and irrigation plans, along with any playground equipment. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 32. Park 40A - Prior to the Issuance of the 1 800thth Building Permit in the Specific Plan - PRIOR TO THE ISSUANCE OF THE 1800th building permit within the SPECIFIC PLAN, the park site within Planning Area 40A shall be constructed and fully operable. Open Space Lot Conditions 13. Prior to Occupancy — Open Space Lot 101 and 103— Prior to the first final occupancy of any of the lots within the tract, landscaping within the open space lot 101 and 103 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." Conditions of Approval for TR31393 Extension of Time No. 1 (2009-037) 14. Prior to Occupancy — Open Space Lot 95 and 96 — Prior to the final occupancy of any of the following lots, Lot 92 through lot 94, landscaping within open space lots 95 and 98 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 15. Prior to Occupancy — Open Space Lot 97 — Prior to the final occupancy of any of the following lots, Lot 82 through Lot 84, landscaping within the open space lot 97 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 16. Prior to Occupancy — Open Space Lot 98 — Prior to the final occupancy of any of the following lots, Lot 47 and Lot 48, landscaping within the open space lot 98 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 17. Prior to Occupancy — Open Space Lot 99 — Prior to the final occupancy of any of the following lots, Lot 73 through Lot 57 landscaping within the open space lot 99 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 18. Prior to Occupancy — Open Space Lot 100 — Prior to the final occupancy of any of the following lots, Lot 55 through Lot 58, landscaping within the open space lot 100 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 19. Prior to Occupancy — Open Space Lot 102 — Prior to the final occupancy of any of the following lots, Lot 31 through Lot 32, landscaping within the open space lot 102 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 20. Prior to Occupancy — Open Space Lot 104 — Prior to the final occupancy of any of the following lots, Lot 6 and Lot 7, landscaping within the open space lot 104 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." Conditions of Approval for TR31393 Extension of Time No. 1 (2009-037) 21. Prior to Occupancy — Open Space Lot 105 — Prior to the final occupancy of any of the following lots, Lot 12 and Lot 13, landscaping within the open space lot 105 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 22. Prior to Occupancy — Open Space Lot 106 — Prior to the final occupancy of any of the following lots, Lot 18 and Lot 19, landscaping within the open space lot 106 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 23. Prior to Occupancy — Open Space Lot 107 — Prior to the final occupancy of any of the following lots, Lot 28 and Lot 29, landscaping within the open space lot 107 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." 24. Prior to Occupancy — Open Space Lot 108 — Prior to the final occupancy of any of the following lots, Lot 36 and Lot 37, landscaping within the open space lot 108 as shown on the TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." Engineering Conditions General Condition — MS4 Requirements — The project shall comply with the applicable provisions of SARWQCB Order No. R8-2010-0033 and NPDES No. CAS 618033 as required by the California and Regional Water Quality Control Board. All MS4 Permit Features, common landscaping, the Restrictive Covenant, parks and open space are to be annexed to the Landscape Lighting Maintenance District ("LLMD") or City -designated entity for maintenance, or implemented through any other means acceptable to the Director of Public Works. 2. General Condition — Concrete Specs — All concrete for public improvements shall be 3,200 psi, 24 day strength. 3. General Condition Inspections for Transportation/Engineering COAs — All inspections required by these conditions shall be conducted by the City of Menifee or other entity acceptable by the City of Menifee. 4. General Condition — As Builts Required — Provide road, utility, water quality and flood control as -built drawings prior to the City (LLMD) or other entity accepting any improvements for maintenance. Conditions of Approval for TR31393 Extension of Time No. 1 (2009-037) 5. Prior to Building Permit Issuance — Graffiti Abatement - The project proponent shall file an application for annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for graffiti abatement of walls and other permanent structures along City maintained road rights -of -way or such other mechanism approved by the City of Menifee. 6. Prior to Building Permit Issuance — Traffic Signals — The project proponent shall comply in accordance with traffic signal requirements within public road rights -of -way, as directed by the Engineering/Public Works 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). 7. Prior to Building Permit Issuance — Soil and Subgrade — Prior to building permit issuance, provide documentation of soil and subgrade compaction for review and approval by the Engineering Department. 8. Prior to Building Occupancy — Bike Lanes — Project applicant shall be responsible for the design of a striping plan for 10' bike lanes on the north and south side of Newport Road and submission to the Engineering department for review and approval prior to building permit issuance. 9. Prior to Building Occupancy — Annexation into 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 or other mechanism approved by the City of Menifee for maintenance of traffic signals within public road rights -of -way and continuous landscape maintenance within for continuous landscape maintenance within public road rights -of -way, in accordance with Ordinance 461. 10. Prior to Building Occupancy — Graffiti Abatement - Prior to issuance of an occupancy permit the project proponent shall complete annexation to Landscaping and Lighting Maintenance District NO. 89-1-Consolidated for graffiti abatement of walls and other permanent structures along City maintained road rights -of -way or other such mechanism as the City approves. 11. Prior to Building Occupancy — Utility Plan - 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 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. Evidence of project proponent initiating the design and/or application of the relocation issued by the utility company shall be submitted to the Engineering Department for verification purposes. 12. Prior to Building Occupancy — Utility Installation - 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 Conditions of Approval for TR31393 Extension of Time No. 1 (2009-037) below along the project frontage and between the nearest poles offsite in each direction of the project site. A certificate or other documentation deemed acceptable of evidence compliance with this condition by the City should be obtained from the pertinent utility company or utility subcontractor and submitted to the Engineering Department as proof of completion. 13. Prior to Building Occupancy — Bike Lane - Project applicant shall submit fee in lieu of the installation of the bike lane striping per the approved striping plan prior to certificate of occupancy. 14. Prior to Building Occupancy — Additional Improvements - Prior to the issuance of the final certificate of occupancy for the last unit in each respective tract, the following requirements are effective: Prior to obtaining issuance of encroachment permit from the City to construct a required 14' wide/200' long/90' transition, designated right turn lane, with adjacent 5' bike lane, on Newport Road at the intersection of Minor Road (or provide an alternative right turn lane configuration as approved by the Public Works Director), Project applicant will dedicate to the City necessary additional right of way for such designated right turn lane and 5' bike lane and, within 60 days of obtaining from the City an encroachment permit to construct such Newport improvements, will commence construction, and complete construction of such improvements within 12 months thereafter. Upon completion and acceptance of such improvements, City shall credit to Sutter Mitland 01 LLC an amount equal to the following actual costs, which costs shall be supported by complete receipts and records and verified by the Public Works Director. Direct costs of design of the turn lane and bike trail; Direct costs of construction of improvements, including construction management; Utility relocation (as required of Developer) Direct costs of temporary detours and security. Costs of liability and construction insurance as pro -rated for this construction City fees and costs (including but not limited to encroachment fees, plan check and inspections) Such amount shall be credited against Developer Impact Fees otherwise owing pursuant to Riverside County Ordinance No. 659, as adopted by the City and as may be amended, for the following categories of fees for Area Plan 17: C Transportation - Roads, Bridges, Major Improvements D Transportation - Signals H Regional Multipurpose Trails K Fee Program Administration 15. Prior to Buildinq Occupancy - Advance Street Name Sign — Project applicant shall install advance street name signs approved by the Engineering Department on Newport Road for advance warning of intersecting street prior to certificate of occupancy. Conditions of Approval for TR31393 Extension of Time No. 1 (2009-037) 16. Prior to Building Occupancy - Slopes — Prior to certificate of occupancy the applicant shall install landscaping and irrigation on all slopes exceeding five feet in height to the satisfaction of the Planning and Engineering departments. 17. Prior to Building Occupancy - Water Quality — Prior to certificate of occupancy, all proposed and existing water quality features shall comply with the Regional Water Quality Control Board Order No. R8-2010-0033 effective 1/29/2010 to 1/29/2015 or the latest requirements. If the existing water quality basins, are unable to meet the current water quality requirements, other BMPs may be implemented to treat the pollutants of concern to the satisfaction of the City Engineer. 18. Prior to Building Occupancy - BMP Maintenance — This project proposes BMP facilities that are required to be maintained by a lighting and landscape maintenance district. To ensure that the initial residents are not unduly burdened with future costs, prior to certificate of occupancy, the City requires an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMPs until turnover to the property owners. This may consist of a mechanism to assess individual benefiting property owners, or other means approved by the City. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. This requirement includes the BMP's on the south side of Salt Creek, opposite of this Tract and the proportionate share of the annual maintenance cost of the Restrictive Covenant in Salt Creek once it is accepted for maintenance by the City. The proportionate share shall be the total annual costs of maintenance including administration divided by the number of housing units within Audie Murphy Ranch. The annual maintenance costs will be subject to cost adjustments every other year. The BMP maintenance plan shall contain provisions for all treatment controlled BMPs to be inspected, and if required, cleaned no later than October 15 each year. Required documentation shall identify the entity that will inspect and maintain all structural BMPs within the project boundaries. A copy of all necessary documentation shall be submitted to the City for review and approval prior to the issuance of occupancy permits. 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, specifically including those reorganized and added, and that I so consent as of the date set out below. Signed Name (please print) Date Title (please print)