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PC12-98 Conditions of Approval for the Daily Road Subdivision Tentative Parcel Map No. 2010-136 (Parcel Map No. 36309) Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval 2 Section I: Conditions Applicable to all Departments 3 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Parcel Map No. 36309 shall be henceforth defined as follows: TENTATIVE MAP = Tentative Parcel Map No. 36309, dated November 11, 2011. 2. Project Description of Tentative Parcel Map No. 2010-136. The land division hereby permitted is for a Schedule H subdivision of 5.07 gross acres into 2 single-family residential parcels with a 2.50 gross acre minimum lot size. 3. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Plot Plan or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Tentative Parcel Map No. 36309 / 2010-136 Parcel Map. 4. 90 Days to Protest. The land divider has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 5. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the Planning Commission’s original approval date, unless extended as provided by Ordinance No. 460. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. 6. City of Menifee. On October 1st, 2008 the City of Menifee incorporated. At the time the City incorporated it was required to accept all the laws and ordinances of the County of Riverside. Over time the City will change these ordinances either by name or content. The applicant or successor in interest of this project will be subject to ordinances of the City of Menifee and not those of the County of Riverside that the City has jurisdiction over. Therefore, any condition of approval listed in this project that references a County of Riverside Ordinance, will in fact be subject to the equivalent City ordinance or subsequent ordinance introduced by the City. The applicant or their successor in interest by accepting these conditions also agrees to accept the equivalent City ordinance or subsequent ordinance introduced by the City. 4 5 Section II: Planning Conditions of Approval 6 General Conditions 7. Comply with Ordinance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule H, unless modified by the conditions listed herein. 8. Design Standards. The design standards for the subdivision are as follows: a. Lots created by this map shall conform to the design standards of the Rural Residential – 2 ½ acre minimum lot size (R-R-2 1/2) zone. b. The front yard setback is 20 feet. c. The side yard setback is 5 feet. d. The rear yard setback is 10 feet. e. The minimum width of each lot is 80 feet and the minimum depth of each lot is 150 feet. f. The maximum height of one family dwellings is 40 feet and no other building or structure shall exceed 75 feet. g. The minimum lot size is 2 1/2 gross acres. 9. Inadvertent Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance in consultation with the Pechanga Band of Luiseno Mission Indians. 1) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Native American tribal representative and the Planning Director to discuss the significance of the find. 2) At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal representative and the archaeologist, a decision shall be made, with the concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3) Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. 10. No Building Permits. No new building permits are to be issued as a result of this Parcel Map. Any future accessory structure or second unit will need to be permitted separately. 7 11. 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 of discovery. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98 FEES 12. Subsequent Review Fees. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading or building plan review or review of any mitigation monitoring requirement, shall be reviewed on an hourly basis, or other appropriate fee, as listed in Ordinance No. 671. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Final Map 13. Final Map Required. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the land divider shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department - Survey Division requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. 14. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 15. Annexation into Park District. The land divider shall submit written proof to the Planning Department that the subject property has been annexed to a City of Menifee Recreation and Parks District or other entity acceptable to the Planning Director. 16. Payment of Park Fees. Prior to map recordation, the land divider shall submit to the City of Menifee Planning Department evidence of payment of parks and recreation fees and/or dedication of land for the TENTATIVE MAP in accordance with Section 10.35 of County Ordinance No. 460. 17. ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. 18. ECS Note on Dark Sky Lighting. The following Environmental Constraints Note shall be placed on the ECS: 8 "This property is subject to lighting restrictions as required by Menifee Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with Menifee Municipal Code Chapter 6. 19. Fees. Prior to recordation, the Planning Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the land divider and/or the land divider's successor-in-interest. 20. DIF Fees. Prior to map recordation, the applicant shall comply with the provisions of Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. Prior to Issuance of Grading Permits 21. No Grading Permits. No grading is proposed as part of this proposal. All grading and construction of Daily Road shall be conducted in accordance with the Engineering Department conditions of approval. Prior to Issuance of Building Permit 22. No Building Permits. No new construction is proposed as part of the project. If any new structures will be constructed, they may require separate building permits. 9 Section III: Engineering Conditions of Approval 10 General Conditions: 23. General Introduction - Improvements such as grading, filling, over excavation and recompaction, and base or paving which require a grading permit are subject to the included City Grading conditions of approval. 24. 100 Year Drainage Facilities - All drainage facilities and natural drainage crossings shall be designed to accommodate 100 year storm flows. Vehicular access across drainage courses shall be 8 inch thick Portland Cement Concrete that extend to a vertical height of 1 foot above the 100 year storm water surface elevation. 25. 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 as approved by the City Engineer. Direction of drainage patterns on the site with direction arrows and respective percent gradient. 26. 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. 27. Concrete Work – All concrete 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. 28. Assessment Districts - Should this project lie within any assessment/benefit 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. 29. Sewer Line – Any structures on septic systems shall connect to a sewer system at the time an alignment is constructed on Daily Road. The mandatory time period to connect shall be in accordance with the order or ordinance in effect at that time set forth by a local or state agency. Connections from the right of way to the structure will be the responsibility of the property owner. Prior to Parcel Map Recordation 30. Paving Inspections - The applicant/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. All applicable inspection deposits shall be placed with the City. 11 31. Driveways – One asphalt or concrete driveway approach is required for each parcel on this map for ingress and egress purposes. The residential driveways shall be constructed per Std. No. 206 modified. 32. Access - Access to parcels 1 and 2 are permitted on Daily road in conformance with County Standard No. 206 modified not to include AC dike. No access is permitted on Scott Road. The driveway approach shall convey the existing drainage pattern. The minimum radius of 15’ shall apply to the driveway edges. Parcel 2 shall have a all weather access driveway and concrete drainage crossing with 10% maximum side slopes in the travel direction or culvert crossing to satisfaction of the Fire Marshal. The crossing shall be a modified Std. No. 209 with a 3 ¾ inch flow line from the level line for low flow conveyance or reinforce concrete pipe. 33. Scott Road Right of Way - Right-of-way shall be dedicated for an Urban Arterial Highway per Riverside County Standard No. 91 (152’). There is currently 30’ of right of way dedicated. The applicant shall dedicate 46’ of additional right of way for a total of 76’. 34. Daily Road Improvements – Daily Road shall be improved as a Collector Rural Road with a 24 foot graded road with Class II aggregate base and 6’ graded shoulders. These improvements will not be accepted into the City Maintained Road System. 35. Plan Submittals - Three (3) copies of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City Engineering Department for review. The plans shall receive City approval prior to map recordation. All submittals shall be date stamped by the engineer and include the appropriate plan check deposits. All large format plans shall be bulk folded to 9”x12”. A CD of all items shall be submitted with each plan check. A scanned image of the final approved improvement plans shall be provided to the City. ACAD files 2004 or later are required for all final maps upon approval. 36. Road Bridge Benefit District – This project is within the Scott Road Zone B Road Bridge and Benefit District. The applicant shall pay the assessed fees based on the designated land use and areas of each parcel. Prior to Issuance of Grading Permit 37. No Grading Permits. PM36309 is a Schedule H subdivision. No grading permits shall be issued pursuant to this subdivision. A separate rough or precise grading plan shall be submitted and approved by the Engineering Department to obtain a grading permit. 38. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over and cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils 12 shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. Final determination of the foundation characteristics of soils within on-site development areas shall be performed by a geotechnical engineer. Prior to issuance of grading permits, a seismic refraction survey shall be conducted to evaluate the rippability characteristics of the bedrock on-site indicating the approximate rippability of the bedrock materials at various depths for grading purposes. 39. Grading Bonds - Grading in excess of 199 cubic yards will require performance security to be posted with the City Engineering Department. 40. 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. 41. 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. 42. 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. 43. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. Prior to Issuance of Building Permit 44. No Building Permits. PM36309 is for a Schedule H subdivision. No building permits shall be issued pursuant to this subdivision. 45. Flood Hazard Report. Site will include the necessary drainage improvements to protect the site from flood hazard along with any features necessary to mitigate the site's impact for both increased runoff and water quality. Unless otherwise approved by the City, no grading or building permits shall be issued prior to the approval of a site plan or any other land use case for this site. 46. No Grading or Building Permits. Unless otherwise approved, no grading or building permits for Parcel Map 36309 shall be issued prior City approval of a grading plan for all land use cases related to Parcel 1 or Parcel 2. 13 Section IV: Riverside County Fire Department Conditions of Approval 14 General Conditions 47. Blue Dot Reflectors. Blue retro reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 48. Hydrant Spacing. Schedule H fire protection approved standard fire hydrants, (6"x4"x2 1/2") shall be located within 250 feet of any portion of the lot frontage as measured along approved vehicular travel ways. Minimum fire flow shall be 1000 GPM for 2 hour duration at 20 PSI. Prior to Final Map 49. ECS Note Driveway Access. ECS map must be stamped by the Riverside County Surveyor with the following note: Driveways exceeding 150' in length, but less than 800' in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800', turnouts shall be provided no more than 400' apart. Turnouts shall be a minimum of 10' wide and 30' in length, with a minimum 25' taper on each end. A approved turnaround shall be provided at all building sites on driveways over 300 feet in length, and shall be within 50' of the building. 50. ECS Note Driveways Requirement. ECS map must be stamped by the Riverside County Surveyor with the following note: Access will not have an up, or downgrade of more than 15%; will have a vertical clearance of 15'. Access will be designed to withstand the weight of 85 thousand pounds over 2 axles. Access will have a turning radius of 35 feet capable of accommodating fire apparatus. 51. ECS Note Water System. ECS map must be stamped by the Riverside County Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. 52. ECS Note Hydrant Requirement. ECS map must be stamped by the Riverside County Surveyor with the following note: Prior to the issuance of a building permit, the applicant or developer shall provide written certification from the water company that a standard fire hydrant(s) (6” x 4” x 2 1/2”) exist within 250 feet of any portion of the lot frontage as measured along approved vehicular travel ways; or that financial arrangements have been made to provide the hydrant(s). 53. Hydrant System. Prior to the map recordation, written certification from the appropriate water district that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. Also a map or APN page showing 1. the location of the fire hydrant and 2. access to the property. 15 Section V: Riverside County Environmental Health Conditions of Approval 16 General Condition 54. EMWD – Potable Water Service. The project is proposing to receive potable water service from Eastern Municipal Water District (EMWD). It is the property owner’s responsibility to ensure that all requirements to obtain potable water service are met with EMWD as well as other applicable agencies. Prior to Map Recordation 55. Individual Wells. According to the planning case exhibit, there are two (2) existing wells located on Parcel 1. Since this project is proposing to receive EMWD potable water service, each existing residence shall not have a potable water connection to any of these existing wells in an effort to prevent potential backflow and/or cross-connection contamination. Moreover, these existing wells shall not be utilized for potable drinking water purposes without conducting a thorough well evaluation. At this time, acceptable uses for these wells shall include landscape maintenance, dust control, or other agricultural purposes only. Please be advised that shared well agreements are not permitted by DEH. Therefore, all existing wells shall be located within the prescribed property boundaries of the Parcel for which it serves. For example, a well located on Parcel 1 shall not be utilized on Parcel 2 through an easement. For further information, please contact Greg Dellenbach at (951) 955-8980. 56. C-42. Parcel #1 and Parcel #2 each has an existing single family residence structure connected to its own dedicated wastewater treatment system (OWTS). To ensure that each existing OWTS is currently functioning properly, a complete C-42 Certification will be required. Please contact DEH Land Use Section at (951) 955-8980 for further information. 57. Soil Percolation. A soils percolation report performed in accordance with DEH Technical Guidance Manual will be required for the proposal of a new OWTS. However, the connection to a sanitary system may be required, if the system is available (accessible) as specified in the current version of the Uniform Plumbing Code (UPC).