PC10-062Resolution No. 10 - 062
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA, RECOMMENDING APPROVAL TO THE
CITY COUNCIL OF AN ORDINANCE ADOPTING THE TOWN CENTER
SPECIFIC PLAN AND REZONING THE TOWN CENTER SPECIFIC
PLAN AREA.
WHEREAS, Stark Menifee Land, LLC submitted an application for approval of the Menifee
Town Center Specific Plan (Specific Plan) as set forth on Exhibit 1" of this Resolution, subject to
the Conditions of Approval as set forth in Exhibit "2" of this Resolution; and
WHEREAS, the Specific Plan refines the goal, policies, and implementation programs of
the City's General Plan to provide more detailed guidance and a framework for future
conservation and development of the Specific Plan area, as is more fully described in the
Specific Plan; and
WHEREAS, the Specific Plan has been prepared, processed, reviewed, heard, and
approved in accordance with applicable law, including but not limited to Section 65450 of the
Government Code; and
WHEREAS, the Planning Commission has reviewed this matter and prepared a report
containing a detailed description and analysis of the proposed Specific Plan, (a copy of the report
is on file with the City Clerk and incorporated herein by this reference as if set forth in full);
and
WHEREAS, an Environmental Impact Report (SCH # 2009091022) relating to the
Menifee Town Center Specific Plan was prepared and was found to be complete and
adequate in scope and was considered by the Planning Department in its consideration
of this matter by Resolution No. 10 — 058; and
WHEREAS, the City Clerk has caused notice to be duly given of a public hearing
in this matter in accordance with law, as evidenced by the affidavit of publication and
the affidavit of mailing on file with -the City Clerk; and
WHEREAS, a copy of the report and said EIR have been on file in the Office of the
City Clerk and available for examination during regular business hours by any interested person,
at all times since the date of giving notice in this matter; and
WHEREAS, on December 14, 2010, the Planning Commission held a duly noticed
public hearing at which the Planning Commission considered the proposed Specific Plan; and
those persons desiring to be heard on said matters were heard and evidence in said matters
received.
NOW, THEREFORE, the Planning Commission hereby recommends to the City Council the
following:
The Findings set out above are true and correct.
2. Specific Plan set forth on Exhibit "1", including the Conditions of Approval as
set forth in Exhibit "2", is found to be consistent with the goals and policies of the General
Plan, including the General Plan Amendment recommended for approval by the Planning
Commission by Resolution No. 10-059.
3. The applicable provisions of the California Environmental
Quality Act and the State CEQA Guidelines have been duly observed in conjunction with said
hearing in the consideration of this matter and all of the previous proceedings relating thereto.
4. The Planning Commission recommends approval of the Specific Plan set forth
in Exhibit "1" of this Resolution, subject to the Conditions of Approval set forth in Exhibit "2" of
this Resolution, despite the existence of certain significant environmental effects identified in
said EIR, and hereby makes and adopts the findings with respect to each thereof set forth in
Resolution No. 10-058 and made a part hereby by reference, pursuant to section 15091 of the
State CEQA Guidelines (Title 14, California Code of Regulations) and section 21081 of the
Public Resources Code (CEQA) and declares that it considered the evidence described in
connection with each such finding. Pursuant to Public Resources Code section 21081(b) and
section 15093 of the State CEQA Guidelines, the Planning Commission hereby recommends
adoption of the "Statement of Overriding Considerations" set forth in Exhibit "B" to Resolution
No. 2010-058 and made a part hereby by reference and finds that the impacts of the project
which remain significant and unavoidable are outweighed by the project's overriding benefits.
5. The Planning Commission recommends that the uses of land located within the
area subject to the Specific Plan are rezoned to conform to the Specific Plan Land Use Figure 6
and shall be governed by, and shall conform to, the Specific Plan.
6. The Planning Commission recommends that, upon City Council approval of the
Specific Plan, the Community Development Director, or his or her delegee, be directed and
authorized to do all of the following:
a. prepare a final version of the Specific Plan that incorporates any
recommended changes, as well as to prepare final exhibits, figures, maps, diagrams, legal
descriptions, and similar matters necessary to fully reflect the action of the Planning
Commission in recommending adoption of the Specific Plan;
b. make all necessary and appropriate clerical, typographical, and formatting
corrections to the adopted Specific Plan, and to publish a final version of the Specific Plan;
c. amend the Zoning Maps within which the Specific Plan area is located to be
consistent with the Specific Plan Land Use Figure 6.
d. to implement and carry out the Specific Plan and Conditions of Approval,
including: (1) the Mitigation Measures, which are referenced and described in Resolution No.
2010-058 (Resolution Certifying the Final Environmental Impact Report, Making Findings Of
Fact, Adopting a Statement of Overriding Considerations and Adopting the Mitigation Monitoring
and Reporting Program for the Specific Plan, with Exhibits) and further described in the EIR for
the Specific Plan; and (2) the Mitigation Monitoring and Reporting Program.
e. to cause a Notice of Determination to be filed as provided by CEQA and the
CEQA Guidelines.
PASSED, APPROVED AND ADOPTED this 14W day of December, 2010.
Attest:
Kathy Bennett, City Clerk &
Planning Commission Secretary
Exhibit "1 ": Menifee Town Center Specific Plan
Exhibit "2": Conditions of Approval
Matthew
Approved as
Thomas P
Special Cc
, Chair
Wallace W. Edgerton
Mayor
Fred Twyman
Vice Mayor
John V. Denver
Councilmember
Darcy Kuenzi
Councilmember
Thomas Fuhrman
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951•679.3843
www.cityofinenlfee. 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. 10-062 was duly adopted by the Planning Commission
of the City of Menifee at a meeting thereof held on the 10 day of December,
2010 by the following vote:
Ayes: Miller, Zimmerman, Thomas, Liesemeyer
Noes: None
Absent: None
Abstain: None
1TWA/Licr
Kathy Bennett, City Clerk
EXHIBIT 66V
Conditions of Approval for
pecific Plan Amendment No.
2009-069
Reqent (Menifee Town Center)
Section I: Conditions applicable to All
Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Fire Department
Conditions of Approval
Section V: Riverside County Environmental
Health Conditions of Approval
Section VI: Riverside County Environmental
Programs Department Conditions of Approval
Conditions of Approval for
Specific Plan Amendment No. 2009-069 1 of 25
Section I:
Conditions
licable to all
Departments
Conditions of Approval for
Specific Plan Amendment No. 2009-069 2 of 25
General Conditions
Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of SPA 2009-069 shall be henceforth
defined as follows:
SPECIFIC PLAN: Hearing Draft Town Center Specific Plan
Document, dated November 5, 2010.
DEVELOPMENT AGREEMENT: Development Agreement by and
between City of Menifee and Stark Menifee Land LLC Regarding the
Town Center Specific Plan Project
EIR: Environmental Impact Report No. 2010-152 (SCH
2009091D22)
GENERAL PLAN AMENDMENT: 2010-181 GPA Regent
Documentation. Specific Plan Amendment No. 2009-069 shall
include the following:
A. Specific Plan Document, which shall include:
1. Menifee City Council Specific Plan Ordinance.
2, These Conditions of Approval.
3. Specific Plan.
B. Final Environmental Impact Report No. 482 Document, which must
include, but not be limited to, the following items:
1. Resolution, including Findings of Facts, Statement of Overriding
Consideration and.Mitigation Monitoring/Reporting Program,
2. Re -circulated Draft EIR
3. Comments received on the Draft EIR either verbatim or in
summary.
4. A list of person, organizations and public agencies commenting
on the Draft EIR.
5. Responses of the County to significant environmental point raised
in the review and consultation process.
6. Technical Appendices.
7. Errata Sheet to Final EIR
3. Project Description SPA 2009-069. The approval hereby permitted is to
amend the existing Countryside Specific Plan No. 194 to replace
approximately 168 acres to be known as the Town Center Specific Plan.
The Specific Plan establishes three land use categories:
• Mixed Use (113 acres) that allows a mix of civic, office, retail, service,
restaurant, hospitality, open space/park and residential uses with
densities ranging from 5 to 36 dwelling units per acre, including livelwork
or senior housing, to create a lively and dynamic urban center;
Conditions of Approval for
Specific Plan Amendment No. 2009-069 3 of 25
• Office/Commercial (12 acres) that permits a mix of office, retail,
service, restaurant and hospitality uses adjacent to the existing
Countryside Marketplace; and
• Residential (33 acres) that permits exclusively residential with
densities ranging from 5 to 24 dwelling units per acre with a target density
of 10 dwelling units per acre to allow a transition from the existing
residential neighborhoods to the west to the more dense mixed use core.
As described in the Specific Plan, the plan allows flexibility within these
land use areas to respond to changing market conditions. The Preferred
Plan was analyzed as "the project" in the EIR and estimates 1,052
residential units and approximately 560,000 square feet of retail, office
and hotel development. Based on the Preferred Plan, the development
would include approximately 13 acres of park dedication and a 12 acre
school site. If the school site is not developed there is a potential for an
additional 119 residential units. The EIR also analyzed the Residential
and Commercially Oriented Plans, which are potential configurations of
the Specific Plan depending on market demand.
Indemnification. The developer/applicant shall indemnify, protect,
defend, and hold harmless, the City and County and any agency or
instrumentality thereof, and/or any of its officers, employees and agents
(collectively the "City and County") from any and all claims, actions,
demands, and liabilities arising or alleged to arise as the result of the
applicant's performance or failure to perform under this Plot Plan or the
City's and County's approval thereof, or from any proceedings against or
brought against the City or County, or any agency or instrumentality
thereof, or any of their officers, employees and agents, to attack, set
aside, void, annul, or seek monetary damages resulting from an action by
the City or County, or any agency or instrumentality thereof, advisory
agency, appeal board or legislative body including actions approved by
the voters of the City, concerning Environmental Impact Report No. 2010-
152, Specific Plan Amendment 2009-069 and General Plan Amendment
2009-181 and a Development Agreement.
5. 90 Days to Protest. The project developer has 90 days from the date of
approval of these conditions to protest, in accordance with the procedures
set forth in Government Code Section 66020, the imposition of any and
all fees, dedications, reservations and/or other exactions imposed on this
project as a result of this approval or conditional approval of this project.
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 may identify and fund mitigation measures
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,
Conditions of Approval for
Specific Plan Amendment No. 2009-069 4 of 25
which fees are designed to cover the full cost of such services, and
development impact fees to mitigate the impact of the development
proposed on public improvements. To the extent that Menifee may
develop future financing districts to cover the costs of maintenance of
improvements constructed by development, Developer agrees to petition
for formation of, annexation to or inclusion in any such financing district
and to pay the cost of such formation, annexation or inclusion.
The developer acknowledges it is on notice of the current development
fees and understands that such fees will apply at the levels in effect at
the time the fee condition must be met as specified herein.
Mitigation Monitoring Program. The developer shall comply with the
Mitigation Monitoring Program ("Mi which is attached and
incorporated as part of these conditions of approval. The MMP was
adopted as part of the FEIR 2010-152 (SCH 42009091022)
Prior to the approval of any implementing project within the SPECIFIC
PLAN (i.e.: tract map, parcel map, use permit, plot plan, etc.), the
following condition shall be placed on the implementing project:
"The EIR prepared for the SPECIFIC PLAN imposes specific mitigation
measures and monitoring requirements on the project. Certain conditions
of the SPECIFIC PLAN and this implementing project constitute
reporting/monitoring requirements for certain mitigation measures."
8. Business License. Every person conducting a business within the City of
Menifee, as defined in Menifee Municipal Code, Chapter 5,01, shall
obtain a business license. For more information regarding business
registration, contact the City Clerk.
9. Expiration. The Development Agreement shall be for the term identified
in the Development Agreement. All other approvals have no expiration
date.
10, Typical Standard Conditions. All subsequent applications (i.e. plot
plans, conditional use permits, tract maps and parcel maps) under this
Specific Plan Amendment will be reviewed and conditioned by individual
Departments and Agencies including but not limited to: City of Menifee
Planning and Engineering Departments; Riverside County Flood Control
District; Riverside County Environmental Health and Riverside County
Environmental Programs Departments.
11. Consistency. To the extent these Conditions of Approval are
inconsistent with the Specific Plan Document, these Conditions of
Approval shall control.
Conditions of Approval for
Specific Plan Amendment No. 2009-069 5 of 25
Section II:
Planning
Conditions of Approval
Conditions of Approval for
Specific Plan Amendment No, 2009-069 6 of 25
General Conditions
12, Comply with Ordinances. The development of these premises shall
comply with the standards of Riverside County Ordinance No. 348
(hereinafter Ordinance No. 348), as adopted by the City of Menifee, City
of Menifee Municipal Code and all other applicable ordinances and State
and Federal codes and regulations, to the extent consistent with the
Development Agreement
13. Reclaimed Water. The permit holder shall install purple pipes and
connect to a reclaimed water supply for landscape watering purposes
when secondary or reclaimed water is made available to the site.
14. Exterior Noise Levels. As required in the Mitigation Monitoring Program
15. Hours of Construction. As required in the Mitigation Monitoring
Program
16. Archeology/Paleontology/Cultural Resources. As required in the
Mitigation Monitoring Program
17. Maintenance of Parks and Landscaping. As agreed upon in the
Development Agreement.
18. Processing Fees for Subsequent Submittals. Any subsequent
submittals required by these conditions of approval, including but not
limited to grading plan, building plan, elevations, or mitigation monitoring
review, shall be reviewed on an hourly basis (research fee), or other such
review fee as may be in effect at the time of submittal, as required by
Riverside County Ordinance No. 671 (hereinafter Ordinance No. 671)
adopted by the City or a subsequent ordinance. Each submittal shall be
accompanied with a letter clearly indicating which condition or conditions
the submittal is intended to comply with.
19. Construction Noise. The project developer shall implement noise
mitigation measures during grading as addressed in the Mitigation
Monitoring Program.
20. 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 weepers) 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
Conditions of Approval for
Specific Plan Amendment No. 2009-069 . 7 of 25
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%.
b. Water active grading/excavation sites and unpaved surfaces at least three
times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible
dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
I. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 15 miles per hour over a 30-minute pe3riod or more, so as to
prevent excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
Conditions of Approval for
Specific Plan Amendment No. 2009-069 8 of 25
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,
I. 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.
21. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit,
the applicant shall comply with the provisions of Riverside County
Ordinance No. 663 (hereinafter Ordinance No. 663), which generally
requires the payment of the appropriate fee set forth in that ordinance.
The amount of the fee required to be paid may vary depending upon a
variety of factors, including the type of development application submitted
and the applicability of any fee reduction or exemption provisions
contained in Ordinance No. 663. Said fee shall be calculated on the
approved development project which is anticipated to be 168 acres
(gross). If the development is subsequently revised, this acreage amount
may be modified in order to reflect the revised development project
acreage amount. In the event Ordinance No. 663 is rescinded, this
condition will no longer be applicable. However, should Ordinance No.
663 be rescinded and superseded by a subsequent City mitigation fee
ordinance, payment of the appropriate fee set forth in that ordinance shall
be required.
22. Processing Fees. Prior to issuance of grading permits, the Planning
Department shall determine if the deposit based fees for SPA 2009-069
are in a negative balance. If so, any outstanding fees shall be paid by the
applicant/developer.
23. Dark Sky Ordinance. All street lights and other outdoor lighting shall be
shown on electrical plans submitted to the Department of Building and
Safety and the Planning Department for plan check approval and shall
comply with the requirements of Menifee Municipal Code Chapter 6.01,
the "Dark Sky Ordinance", and the General Plan,
24. Perris Union School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
25. Menifee Union School District. Impacts to the Menifee Union School
District shall be mitigated in accordance with California State law.
26. Common Area Maintenance. Prior to the approval of any implementing
land division project within the SPECIFIC PLAN (i.e. tract map or parcel
map), the following condition shall be placed on the implementing
application:
Conditions of Approval for
Specific Plan Amendment No, 2009-069
9 of 25
"PRIOR TO MAP RECORDATION, the following procedures for common
area maintenance procedures shall be complied with:
a. A permanent master maintenance organization shall be established for
the specific plan area, to assume ownership and maintenance
responsibility for all common recreation, open space, circulation systems
and landscaped areas. The organization may be public or private. Merger
with an area -wide or regional organization shall satisfy this condition
provided that such organization is legally and financially capable of
assuming the responsibilities for ownership and maintenance. If the
organization is a private association then neighborhood associations shall
be established for each residential development, where required, and
such associations may assume ownership and maintenance responsibility
for neighborhood common areas.
b. Unless otherwise provided for in these conditions of approval, common
open areas shall be conveyed to the maintenance organization as
implementing development is approved or any subdivision as recorded.
c. The maintenance organization shall be established prior to or
concurrent with the recordation of the first land division.
27. CCR's Public Common Area. Prior to the approval of any implementing
land division project (i.e. tract map or parcel map), the following condition
shall be applied to the land division (PRIOR TO MAP RECORDATION) if
the permanent master maintenance organization referenced in the
condition entitled "SP - Common Area Maintenance" is a public
organization:
"The applicant shall convey to the City fee simple title, to all common
open space areas, free and clear of all liens, taxes, assessments, leases
(recorded or unrecorded) and easement, except those easements which
in the sole discretion of the City are acceptable. As a condition precedent
to the City accepting title to such areas, the applicant shall notify the
Planning Department that the following documents shall be submitted to
the City Attorney and submit said documents for review along with the
current fee, which shall be subject to the City Attorney approval:
1. A cover letter identifying the project for which approval is sought;
2. A signed and notarized declaration of covenants, conditions and
restrictions;
3. A sample document, conveying title to the purchaser, of an individual
lot or unit which provides that the declaration of covenants, conditions
and restrictions is incorporated therein by reference; and,
4. A deposit equaling three (3) hours of the current hourly fee for Review
of Covenants, Conditions and Restrictions established pursuant to County
Ordinance No. 671 at the time the above referenced documents are
Conditions of Approval for
Specific'Plan Amendment No. 2009-069 10 of 25
submitted for City Attorney review.
The declaration of covenants, conditions and restrictions submitted for
review shall a) provide for a minimum term of 60 years, b) provide for the
establishment of a property owners' association comprised of the owners
of each individual lot or unit as tenants in common, and c) contain the
following provisions verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the
following provisions shall apply:
The property owners' association established herein shall, if dormant, be
activated, by incorporation or otherwise, at the request of the City of
Menifee, and the property owners' association shall unconditionally
accept from the City of Menifee, upon the City's demand, title to all or any
part of the 'common area.' Such acceptance shall be through the
president of the property owner's association, who shall be authorized to
execute any documents required to facilitate transfer of the'common
area'. The decision to require activation of the property owners'
association and the decision to require that the association
unconditionally accept title to the'common area'shall be at the sole
discretion of the City of Menifee.
In the event that the 'common area', or any part thereof, is conveyed to
the property owners' association, the association, thereafter, shall own
such 'common area', shall manage and continuously maintain such
'common area', and shall not sell or transfer such 'common area' or any
part thereof, absent the prior written consent of the Community
Development Director of the City of Menifee. The property owners'
association shall have the right to assess the owner of each individual lot
or unit for the reasonable cost of maintaining such 'common area', and
shall have the right to lien the property of any such owner who defaults in
the payment of a maintenance assessment. An assessment lien, once
created, shall be prior to all other liens recorded subsequent to the notice
of assessment or other document creating the assessment lien.
This declaration shall not be terminated, 'substantially' amended, or
property de -annexed there from absent the prior written consent of the
Planning Director of the County of Riverside or the County's successor -in -
interest. A proposed amendment shall be considered 'substantial' if it
affects the extent, usage or maintenance of the'common area'
established pursuant to this Declaration.
In the event of any conflict between this Declaration and the Articles of
Incorporation, the Bylaws, or the property owners' association Rules and
Regulations, if any, this Declaration shall control"
Once approved by the City of Attorney, the declaration of covenants,
conditions and restrictions shall be recorded and one copy provided to the
Planning Department.
Conditions of Approval for
Specific Plan Amendment No. 2009-069 11 of 25
28. CCR's Private Common Area. Prior to the approval of any implementing land
division project within the SPECIFIC PLAN (tract map or parcel map), the
following condition shall be placed on the implementing project PRIOR TO MAP
RECORDATION if the permanent master maintenance organization referenced
in the condition entitled "SP - Common Area Maintenance" is a private
organization:
"The applicant shall notify the Planning Department that the following documents
shall be submitted to the City Attorney and submit said documents for review
along with the current fee, which shall be subject to City Attorney approval:
a.. A cover letter identifying the project for which approval is sought;
b. A signed and notarized declaration of covenants, conditions and restrictions;
G. A sample document, conveying title to the purchaser of an individual lot or unit,
which provides that the declaration of covenants, conditions and restrictions is
incorporated therein by reference; and.
A deposit equaling three (3) hours of the current hourly fee for Review if
Covenants. Conditions and Restrictions established pursuant to County
Ordinance No. 671 at the time the above referenced documents are submitted
for City Attorney review.
The declaration of covenants, conditions and restrictions submitted for review shall
a) provide for a minimum term of 60 years, b) provide for the establishment of a
property owners' association comprised of the owners of each individual lot or
unit as tenants in common, c) provide for ownership of the common area by
either the property owners' association or the owners of each individual lot or unit
as tenants in common, and (d) contain the following provisions verbatim:
"Notwithstanding, any provision in this Declaration to the contrary, the following
provisions shall apply:
The property owners' association established herein shall manage and continuously
maintain the 'common area', more particularly described on the Specific Plan
Land Use Plan, attached hereto, and shall not sell or transfer the 'common area'
or any part thereof, absent the prior written consent of the Community
Development Director of the City of Menifee.
The property owners' association shall have the right to assess the owners of each
individual lot or unit for the reasonable cost of maintaining such 'common area'
and shall have the right to lien the property of any such owner who defaults in the
payment of a maintenance assessment. An assessment lien, once created, shall
be prior to all other liens recorded subsequent to the notice of assessment or
other document creating the assessment lien.
This Declaration shall not be terminated, 'substantially' amended, or property de -
annexed there from absent the prior written consent of the Community
Development Director of the City of Menifee. A proposed amendment shall be
Conditions of Approval for
Specific Plan Amendment No, 2009-069 12 of 25
considered 'substantial' if it affects the extent, usage or maintenance of the
'common area' established pursuant to this Declaration.
In the event of any conflict between this Declaration and the Articles of Incorporation,
the Bylaws, or the property owners' association Rules and Regulations, if any,
this Declaration shall control."
Once approved by the City Attorney, the declaration of covenants, conditions and
restrictions shall be recorded and one copy will be provided to the Planning
Department.
Conditions of Approval for
Specific Plan Amendment No. 2009-069 13 of 25
Section III:
Engineering/Transportation/
Gradini
editions of Approval
Conditions of Approval for
Specific Plan Amendment No. 2009-069 14 of 25
General Conditions:
29. Fee Credits
At such time as the City accepts facilities constructed by the developer as identified
in the Public Facilities Needs List and/or TUMF Transportation Improvement
Program Or other program agreed upon by the City, the developer may be
eligible for fee credits against Development Impact Fees or other fees received
by the City. Any credit of Transportation Uniform Mitigation Fees is governed by
WRCOG.
30. General Grading Conditions - All grading shall conform to the
latest edition of the Uniform Building Code, City General Plan, Ordinance 457
and all other relevant laws, rules and regulations governing grading in the City
Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top
soil disturbances related to construction grading notice: Operators of construction
projects are required to comply with the National Pollutant Discharge Elimination
System (NPDES) Construction Permit from the State Water Resources Control
Board (SWRCB). The Construction Permit requirement applies to this project and
the applicant may obtain compliance by electronically submitting a Notice of
Intent (NOI) and monitoring plan for the construction site. For additional
information and to obtain a copy of the NPDES state construction permit, contact
SWRCB.
31. Erosion Control - Graded but undeveloped land shall provide, in
addition to erosion control planting, any drainage facilities deemed necessary to
control or prevent erosion. Erosion and sediment control BMPs are required year
round in compliance with the State Water Resources Control Board (SWRCB)
General Construction Permit.
32. Dust Control - During the actual grading, all necessary measures to control dust
shall be implemented by the applicant in accordance with AQMD requirements. A
watering device shall be present and in use at the project site during all grading
operations.
33.100 Year Drainage Facilities - All drainage facilities shall be designed to
accommodate 100 year storm flows as approved by the Riverside County Flood
Control District,
34. Drainage Grade - Minimum drainage design grade shall be 1%. The engineer
must submit a variance request for design grades less than 1% with a
justification for a lesser grade. Portland cement concrete shall have a minimum
0.5% grade.
35. Drainage Facilities and Terracing - Provide drainage facilities and terracing in
conformance with Section 7012 of the Uniform Building Code.
Conditions of Approval for
Specific Plan Amendment No. 2009.069
15 of 25
36. Slope Setbacks - Observe slope setbacks per Section 2907, Figure 29-1
Section 7011, and figure 70-1 of the Uniform Building Code.
37. General Grading - Improvements such as grading, filling, over excavation and
re -compaction, and base or paving which require a grading permit are subject to
the included City Grading conditions of approval.
38. Grading Permit for Clearing and Grubbing - Ordinance 457 requires a grading
permit prior to clearing, grubbing, or any top soil disturbances related to
construction grading.
39. Slope Erosion Control Plan - Erosion control - landscape plans, required for
manufactured slopes greater than 3 feet in vertical height, are to be signed by a
registered landscape architect and bonded per the requirements of Ordinance
457.
40. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved.
41. Paving Inspections - The applicant/applicant shall be responsible for obtaining
the paving inspections required by Ordinance 457.
42. Water Mains and Hydrants - All water mains and fire hydrants providing
required fire flows shall be constructed in accordance with the appropriate
sections of Riverside County Ordinance No. 460 and/or No. 787, subject to the
approval by Eastern Municipal Water District and the Riverside County Fire
Department.
43, Sewer Lines — All sewer line alignments shall be designed such that the
manholes are aligned with the center of lanes or on the lane line and in
accordance with Ordinances 4601461 and Eastern Municipal Water District
standards.
44. Perpetual Drainage Patterns - The property's grading shall be designed in a
manner that perpetuates the existing natural drainage patterns with respect to
tributary drainage area and outlet points.
45. Traffic Signal Mitigation Program - The applicant shall participate in the Traffic
Signal Mitigation Program as approved by the City Council.
46. Development Access - Access to the development shall be approved by the
City Engineer. Access will be limited on Newport Road and Haun Road to 600'
intervals at locations with through traffic. Traffic signals shall be added or
augmented accordingly.
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47. Encroachment Permits — All work to be performed in City, State, or local
agency right-of-way shall obtain all required encroachment permits and
clearances prior to commencement of work.
48. Concrete Work — All concrete work including curbs, gutters, sidewalks,
driveways, cross gutters, catch basins, manholes, vaults, etc. shall be
constructed with concrete having a 24 day minimum strength of 3,250 psi.
Where noted the 8' sidewalks shall be 6" thick reinforced concrete on 6" of
aggregate base suitable to support utility and emergency vehicles. Joints shall
be provided every 10' with expansion joints every 50'.
49. Road Improvements - All roads shall be improved, per the recommended
General Plan designation and traffic impact analysis as part of the final
environmental impact report and as noted below. All easements and right -of way
for roadways shall be granted to the City of Menifee. The areas behind the right-
of-way the street curbs, not including the sidewalk/trail shall be landscaped and
irrigated and maintained by the L&LMD in accordance with their requirements. It
is the City's intention to provide a trail system centered on this project to include
8' minimum width, multipurpose trail systems.
Newport Road from the western property right-of-way to the western curb in
Haun Road shall be milled 0.75 inches for the entire width between curbs, and
overlaid with hot mix asphalt concrete to a depth of 1.50 inches. The operation
shall include a tact coat over the milled surface, replacement of all traffic signal
detection devices with video detection devices, raising of all utility manholes and
access devices, stripping, turn pockets and pavement marking standards.
Provide landscaping along the south side of Newport Road. The sidewalk along
Newport Road shall be 8' wide and meander to avoid utilities and to provide
clusters of larger trees and brush. Newport Road shall be posted as no stopping
the entire length of the project.
Sherman Road between Newport Road and La Piedra Road shall be two 14'
travel lanes, a 16' raised median and two 8' detached sidewalks.
La Piedra Road between Haun Road and Sherman Road shall be a Secondary
Highway in accordance with Standard Plan No. 94 with four 12' travel lanes, two
8' shoulders and two 8' detached sidewalks. Between Sherman Road and Stern
Drive provide two 12' travel lanes, one 8' shoulder, one 4' shoulder and one 8'
detached sidewalk.
Sherman Road between La Piedra Road and the southern site boundary shall be
two 12' travel lanes one 8' shoulder, one 4' shoulder and one 8' detached
sidewalk.
The study indicates that the project's impacts shall be mitigated for the following
intersections.
Murrrieta Road at Newport Road: Add a southbound left turn lane, a westbound
left turn lane and provide overlap phasing to, the westbound right turn lane.
Conditions of Approval for
Specific Plan Amendment No, 2009-069 17 of 25
1-215 Southbound Ramps at McCall Boulevard: Add a south bound left turn lane
and restripe the southbound through/left turn lane to a left turn/through/right turn
lane.
Bradley Road at Cherry Hills Drive: Install a traffic signal with video detection.
Bradley Road at Desert Hills Road: Add a northbound through lane, a
southbound through lane, restripe the northbound lanes to include a northbound
through/left turn lane and northbound through lane, and restripe the southbound
lanes to include a southbound through lane and southbound though/right turn
lane.
Bradley Road at Potomac Drive: Convert the northbound-southbound center
lane to a two-way left -turn lane. Add a northbound through lane and a
southbound through lane.
Bradley Road at Newport Road: Add a northbound right turn lane, an east bound
left turn lane, an east bound through lane and an eastbound right turn lane.
As'such, the proposed project is consistent with this General Plan policy and the
Final Environmental Impact Report, and Traffic Impact Analysis mitigation
measures.
The associated conditions of approval incorporate mitigation measures identified
in the traffic study, which are necessary to achieve or maintain the required level
of service.
50. Traffic Signals - The applicant shall be responsible for the design and
construction of the traffic signals at the intersections of:
Avenida De Cortez at Sherman Road
La Piedra Road at Sherman Road
Haun Road at Holland Road
No fee credit will be given for Traffic Signal Mitigation fees for Haun Road at
Project Driveway C. Fee credits may be applied at general plan intersections as
approved by the City Engineer. The applicant shall pay a fair share of the traffic
signal modification at Haun Road/Newport Road and new signal at Haun
Road/Driveway B according to City policy. The applicant shall modify the signal
at Haun Road and La Piedra Road to accommodate traffic in La Piedra Road
east bound including left turns.
The applicant shall comply in accordance with traffic signal requirements within
public road rights -of -ways directed by the City Engineering Department.
Assurance of traffic signal maintenance is required by filing an application for
annexation to a Landscaping and Lighting Maintenance for the required traffic
signal(s).
The traffic signal mast arms shall be equipped with internally illuminated street
name signs (IISNS).
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Specific Plan Amendment No. 2009-069
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All traffic signal indicators and IISNS shall be furnished with LED lighting.
The pedestrian indicators shall be ADA compliant and audible with voice feature.
51. Traffic Signal Interconnect - Traffic signal interconnect between those signals
installed or modified by the project shall be installed as directed by the
Engineering Department,
52. Traffic Signal Coordination - A traffic signal coordination program employing
Snycro Modeling software or other software acceptable to the City Engineer
shall be developed for the project traffic signals. The coordination program shall
be submitted and approved by the City Engineer. The traffic signal controller at
the intersection of Haun Road and Newport Road shall be equipped for and act
as the system master.
53. Traffic Signal Detection - Video detection shall be implemented at all traffic
signals and loops for advanced detection.
54. Assessment Districts - Should this project lie within any assessmenUbenefit
district, the applicant shall, prior to issuance of a building permit, make
application for and pay for their reapportionment of the assessments or pay the
unit fees in the benefit district unless said fees are deferred to building permit.
55. Ordinances 460/461 - With respect to the conditions for tentative map exhibits,
the applicants shall provide all street improvements, street improvement plans
and/or road dedications set forth herein in accordance with Ordinance 460 and
Riverside County Road Improvement Standards (Ordinance 461). It is
understood that the exhibit correctly shows acceptable centerline elevations, all
existing easements, traveled ways, and drainage courses with appropriate Q's.
These Ordinances and all conditions of approval are essential parts and a
requirement occurring in one is as binding as though occurring in all. All
questions regarding the true meaning of the conditions shall be referred to the
City Engineer.
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Specific Plan Amendment No. 2009-069 . 19 of 25
Section IV;
Riverside County Fire
Department Conditions
Approval
of
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Specific Plan Amendment No. 2009-069 20 of 25
General Conditions
56, Fire. Based on national fire standards, one new fire station and/or engine
company could be required for every 2,000 new dwelling units, or 3.5 million
square feet of commercial/industrial occupancy. The proponents / developers
shall participate in the Development Impact Fee Program as adopted by the
City of Menifee.
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Specific Plan Amendment No. 2009-069 21 of 25
Section V:
iverside County Environmental
Health Conditi
Conditions of Approval for
Specific Plan Amendment No. 2009-069
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General Conditions
57. Developer Shall Comply with EMWD Requirements. SPA 2009-069 is
proposing Eastern Municipal Water District (EMWD) water and sewer service. It
is`the responsibility of the developer to ensure that all requirements to obtain
water and sewer service are met with EMWD, as well as, all other applicable
agencies. Any existing septic system(s) must be properly abandoned or
removed under permit with the Department of Environmental Health (DEH).
Conditions of Approval for
Specific Plan Amendment No. 2009-069 23 of 25
58. Burrowing Owl Survey, The applicant shall comply with EIR Mitigation
Measure IV.D-2 with respect to burrowing owl surveys.
59. Riparian/RiverinefVernal Pool Proof. The applicant shall comply with EIR
Mitigation Measure IV.D-4 with respect to impacts to jurisdictional waters. The
applicant shall provide proof of compensatory in lieu fee payment and proof for
401, 404, and 1602 permit consultations and permits/agreements where
applicable to the City of Menifee, include the Riverside County Environmental
Programs Department, prior to initiation of site disturbance within jurisdictional
areas.
60. Nesting Bird Survey. The applicant shall comply with EIR Mitigation Measure
IV.D-3 with respect to nesting bird survey.
61. Best Management Practices, Prior to issuance of a grading permit or any site
preparation, best management practices (BMP's) must be installed by a
qualified biologist to prevent downstream impacts to riparian/riverine habitat.
BMPs will include, but not be limited to the placement of silt fencing. Once
BMPs are in place, EPD must be contacted directly for a site visit to make sure
the BMPs are acceptable. Please contact Biologist, Jared Bond, with the
Riverside County Environmental Programs Department with any questions and
to schedule a site visit at (951) 955-0314.
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