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PC12-117Resolution PC 12-117 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING TENTATIVE PARCEL MAP NO. 36299 (PLANNING APPLICATION 2010-108 PM) for the SUBDIVISION OF 142.93 GROSS ACRES SOUTH OF NEWPORT ROAD AND WEST OF HAUN ROAD Whereas, in July 7, 2010, the applicant, Regent Properties, filed a formal application with the City of Menifee for the subdivision of 142.93 gross acres south of Newport Road and west of Haun Road within the City of Menifee; and, Whereas, on October 9, 2012, the Planning Commission held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Tentative Parcel Map No. 36299, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and, Whereas, at the October 9, 2012 Planning Commission public hearing, the Commission found that: 1. Consistency with the General Plan. The tentative parcel map is consistent with the General Plan Land Use Map, Specific Plan and applicable General Plan objectives, policies, and programs. The General Plan land use of the site is Mixed Use (MU). This land use category was adopted for the entire project site of the Town Center Specific Plan allowing flexibility in the implementation of the Specific Plan. The mixed use land category allows for the development of a variety of uses including residential, commercial, office and civic uses. The subdivision of the property into parcels with a variety of land uses is consistent with the land use designation. The project proposes to subdivide the properties within the Specific Plan boundary consistent with the Planning Area boundaries identified in the Specific Plan Land Use Plan. There is neither a development plan nor buildings proposed as part of this subdivision. The circulation, access road, and road improvements have been designed consistent with the requirements of the Specific Plan. Therefore, the subdivision is consistent with the general plan and specific plan. Surrounding General Plan Land Use designations are Commercial Retail (CR) and Medium Density Residential (MDR) (2-5 dwelling units per acre) to the north, Medium Density Residential to the south, Commercial Retail and Business Park (BP) to the east and Business Park, Medium Density Residential, Medium High Density Residential (5-8 du/acre) and Very Low Density Residential (1 Acre Minimum) to the west. The project is a subdivision of the specific plan area consistent with the Town Center Specific Plan. No building or site development is proposed with the subdivision. The project is compatible with the surrounding general plan land uses. The future proposed general plan land use designation for the property is Specific Plan. The intent of this land use designation is to recognize areas where an existing specific plan is in place and to provide policies, standards and criteria for the development or redevelopment of these areas. The land use description is defined as follows: Resolution No PC 12-117 PM36299/ Planning Case 2010-108 PM October 9, 2012 The purpose of a specific plan is to provide detailed policies, standards and criteria for the development or redevelopment of an area. As required by State law, specific plans are generally comprised of a land plan, circulation plan, development standards, design guidelines, phasing plan, and set forth detailed implementation programs necessary to serve the development. The City of Menifee has thirteen adopted specific plans, such as the Audie Murphy Ranch, Fleming Ranch, and Canyon Heights, among others. The actual designation of each area will be SP followed by a corresponding number (i.e. SP-1). Land uses within the SP areas depicted on the Land Use Plan are conceptual and will be shown to provide context with surrounding uses. Actual land uses are illustrated in detail in the Specific Plan document (zoning). Amendments to land use in the Specific Plan will not warrant a revision to the General Plan (General Plan Amendment). The project is consistent with the existing general plan land use and there is a reasonable possibility that the project will be consistent with future general plan, including a housing element that is consistent with state housing element law; therefore, the project will not be detrimental to or interfere with the implementation of the future adopted general plan, including a housing element that is consistent with the state housing element law. The City of Menifee has two active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group. The project will be subject to the payment of fees for a commercial project consistent with the Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore, the project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or state conservation plan and the impact is considered less than significant. 2. Consistency with the Zoning Code. The project is zoned Specific Plan (Town Center SP No. 2009-069). The Specific Plan created its own zoning and land use regulations. The project proposes to subdivide the properties within the Specific Plan boundary consistent with the Planning Area boundaries identified in the Civic Oriented Plan. The land uses of the parcels created would correspond to the Civic Oriented Land Use Plan. The project is consistent with the zoning and development standards prescribed by the Specific Plan. Surrounding zoning includes the Newport Hub Specific Plan (Commercial), One - Family Dwellings (R-1), and Watercourse, Watershed & Conservation Areas (W- 1) to the north, the Countryside Specific Plan (Residential) to the south, Countryside Specific Plan (Commercial) and Industrial Park (I-P) to the east, and Specific Plan (Cal Neva SP) — refers to General Residential (R-3), One Family Resolution No PC 12-117 PM36299/ Planning Case 2010-108 PM October 9, 2012 Dwellings (R-1), Multiple Family Dwellings — 4,00 sq. ft Minimum (R-2-4,000), and Residential Agricultural — One Acre Minimum (R-A-1) to the west. The project is a subdivision of the specific plan area consistent with the Town Center Specific Plan. No building or site development is proposed with the subdivision. The project is compatible with the surrounding zoning classifications. 3. Consistency with Ordinance 460 Regulating the Division of Land. The subdivision is a Schedule E subdivision of 170.15 gross acres. A Schedule E parcel map is defined as any division of land into 2 or more parcels in commercial or industrial zones regardless of parcel size. The subdivision has been reviewed and conditioned for consistency with the requirements for streets, domestic water, fire protection, sewage disposal, fences, and electrical communication facilities The subdivision is consistent with the Schedule E map requirements of Ordinance 460. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The surrounding uses include a gas station, commercial uses and residential uses to the north, vacant property to the south, Countryside Marketplace Shopping Center to the east and residential uses to the west. The project is a subdivision of the specific plan area consistent with the Town Center Specific Plan. No building or site development is proposed with the subdivision. The project is compatible with the surrounding land uses. 5. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. On January 4, 2011, the City Council certified the Environmental Impact Report for the Town Center Specific Plan (State Clearinghouse #2009091022), which analyzed the environmental impacts which would result from the development of the Town Center Specific Plan and had been prepared in full compliance with CEQA. The EIR identified and discussed several air quality, noise, traffic and utilities impacts, which would occur as a result of the Project, and which require mitigation, but cannot be mitigated to a level of less than significant and are thereby significant and unavoidable. A Statement of Overriding Consideration for was adopted by the City Council in connection with its approval of the Specific Plan and certification of the EIR. An addendum to the EIR was adopted on April 24, 2012 which analyzed a proposed school in the Specific Plan. Pursuant to CEQA Section 15162. Subsequent EIRS and Negative Declarations: (a) When an EIR as been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines on the bases of substantial evidence in the light of the whole record, on or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Resolution No PC 12-117 PM36299/ Planning Case 2010-108 PM October 9, 2012 (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been know the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration as adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce on or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternative which ware considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The EIR fully analyzed the environmental impacts of the Town Center Specific Plan project. The tentative parcel map proposes to subdivide the properties within the Specific Plan boundary consistent with the Planning Area boundaries identified in the Specific Plan Land Use Plan. There is neither a development plan nor buildings proposed as part of this subdivision. The circulation, access road, and road improvements have been designed consistent with the requirements of the Specific Plan. The grading of the property was also contemplated by the Specific Plan and impacts related to grading analyzed in the EIR. There have been no substantial changes proposed by the subdivision which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. As stated above, the subdivision is consistent with the approved Specific Plan, including land uses, improvements proposed and grading. No substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Specific Plan and EIR were approved by the Menifee City Council in January 2011. There have been no substantial changes in the circumstance under which the project was undertaken since that time. There is no new information of substantial importance, which was not know and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified. (a) The project will not have one or more significant effects not discussed in the previous EIR. Resolution No PC 12-117 PM36299/ Planning Case 2010-108 PM October 9, 2012 (b) Significant effects previously examined will not be substantially more severe than shown in the previous EIR. (c) Mitigation measures or alternatives previously found not to be feasible have not become feasible. (d) There are no mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR which would substantially reduce one or more significant effects on the environment. Therefore, no further environmental documentation is required for the proposed subdivision. The proposed subdivision is sufficiently analyzed by the EIR including the statement of overriding considerations adopted by the City Council on January 4, 2011. Now, therefore, the Planning Commission of the City of Menifee resolves and orders as follows: The Findings set out above are true and correct. 2. Tentative Parcel Map No. 36299 (Planning Case No. 2010-108), is approved subject to the Conditions of Approval as set forth in Exhibit "1" to this Resolution and as approved by the Planning Commission on October 9, 2012. PASSED, APPROVED AND ADOPTED THIS 9th DAY OF October, 2012. ATTEST: ennifer Allen, Planning Commission Secretary John V. Denver Mayor Thomas Fuhrman Mayor Pro Tern Wallace W. Edgerton Councilmember Darcy Kuenzi Councilmember Sue Kristlansson Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofrnenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC12-117 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 9th day of October, 2012 by the following vote: Ayes: Liesemeyer, Thomas, Warren, Zimmerman Noes: Matelko Absent: None Abstain: None Jenni e'rnlen, Planning Commission Secretary EXHIBIT "1" Conditions of Approval for Tentative Parcel Map No. 36299 (Planning Application 2010-108 Tentative Parcel Map) Schedule E Subdivision Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Flood Control District Conditions of Approval Section V: Riverside County Fire Department Conditions of Approval Section VI: Riverside County Environmental Health Conditions of Approval Section I: Conditions Applicable to all Departments General Conditions Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Parcel Map No. 36299 shall be henceforth defined as follows: TENTATIVE MAP = Tentative Parcel Map No. 36299, dated July 16, 2012, as annotated July 23, 2012 (Planning Application No. 2010-108) FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. SPECIFIC PLAN: Adopted Town Center Specific Plan approved April 19, 2011 by Ordinance 11-189, subject to the Conditions of Approval set forth in Ordinance No. 11-189. DEVELOPMENT AGREEMENT: Development Agreement by and between City of Menifee and Stark Menifee Land LLC Regarding the Town Center Specific Plan Project dated June 13, 2011 (Recorded as Document No. 2011-0272260). EIR: Environmental Impact Report No. 2010-152 (SCH 2O09091022) certified by City Council Resolution No. 11-195 on January 4, 2011. MMRP: Mitigation Monitoring Program adopted by City Council Resolution No. 11-195 on January 4, 2011. 2. Description. The TENTATIVE MAP proposes a Schedule E subdivision of 142.93 gross acres into 34 parcels ranging in size from .95 gross acres to 9.37 gross acres within the Menifee Town Center Specific Plan. The parcels are designated for office/commercial, mixed use and residential pursuant to the SPECIFIC PLAN. Pursuant to the terms of the DEVELOPMENT AGREEMENT, Parcel 23 (5.0 gross acres) is identified to be dedicated to the City of Menifee for public park purposes (Central Park Site) and Parcel 20 (6.37 gross acres) is identified to be dedicated to the City of Menifee for civic facilities (Civic Center Site). As a condition of recordation of FINAL MAPS, the TENTATIVE MAP requires certain infrastructure improvements to be constructed or guaranteed with appropriate financial guarantees to the reasonable satisfaction of the City Engineer ('REQUIRED INFRASTRUCTURE"). These Conditions of Approval are intended to apply to the following: (i) the recordation of FINAL MAPS, and (ii) the construction of the REQUIRED INFRASTRUCTURE. The City and applicant understand and agree that other future development within the Town Center Project is subject to the requirements of the DEVELOPMENT AGREEMENT, SPECIFIC PLAN, AND EIR, including appropriate, applicable conditions of approval. Phasing The TENTATIVE MAP is proposed to be recorded in seven (7) phases. The number prescribed to the phases below does not indicate order in which the maps will be phased: Phase I: Parcels 27-34 Phase II: Parcels 12, and 14-20 Phase III: Parcels 1-3 and 13 Phase IV: Parcels 21-24 Phase V: Parcels 10 and 11 Phase VI: Parcels 25 and 26 Phase VII: Parcels 4-9 Road Improvements necessary for primary and secondary access shall be provided to each phase as set forth in the Engineering Conditions of Approval. Circulation Circulation facilities exist on Newport and Haun Roads, and are proposed on Sherman and La Piedra Roads to serve the proposed project. Newport Road is designated as an Urban Arterial (155-foot ROW) according to the Specific Plan. Haun Road is designated as an Arterial Highway (134-foot ROW) southerly of Newport Road according to the Specific Plan. La Piedra is designated as a Secondary Highway (100-foot ROW) per the Specific Plan. Sherman Road is designated as a Collector Road (74-foot ROW) per the Specific Plan. None of the roadways are eligible scenic highways. Road Improvements and Access Road improvements required are set forth in the Engineering Conditions of Approval. Access will be restricted to the parcels with frontage on Newport Road, Haun Road and La Piedra Road pursuant to Ordinance 460, Section 10.1 Dedications, B. "Whenever a secondary highway or higher classification is designated on the Circulation Element of the Comprehensive General Plan of Riverside County (the Specific Plan Roadway classifications is consistent with the Riverside County General Plan) as requiring an ultimate right-of-way 88 feet or greater and such highway either adjoins or crosses a proposed land division, access rights may be offered for dedication to the County of Riverside or otherwise restricted. The note "ACCESS RESTRICED" shall be shown along the highway frontages on the final map or parcel map, as provided herein. Access rights shall be restricted except for limited access openings as approved by the Director of Transportation. However, access control to commercially zoned property may be postponed to the development stage as approved by the Director of Transportation." Based on the requirement above, it is anticipated that access to Parcels 27 to 34 to Haun Road will be restricted to the two existing signalized driveways and access to Newport Road shall be restricted to the one (1) right in/right out intersection identified on the tentative map. These restrictions shall be enforced at the development stage of the parcels. Access to Parcels 1, 2, 13, 14, and 16 shall be restricted on Newport Road. Based on Standard No. 114 of the County of Riverside Roadway Design Requirements, direct access is prohibited on Urban Arterials Highways; however, intersections are allowed at intervals of 1,320 feet. Newport Road is classified as an Urban Arterial Highway; therefore, only the proposed intersections at Calle Tomas and Sherman Road shall be allowed on Newport. A driveway is proposed within Phase I of the tentative map and may be allowed at the discretion of the Director of Public Works and Engineering. These restrictions shall be enforced at the development stage of the parcels. Access to La Piedra east of Sherman Road will be reviewed at the development stage for parcels 25 and 26. Drainage and BMPs The Paloma Wash runs through the project site and drains northward to Salt Creek. The proposed site's areas naturally drain toward the Paloma Wash in a southwesterly to northeasterly fashion. Paloma Wash is a MS-4 facility maintained by the Riverside County Flood Control and Water Conservation District. The Wash has been sized to collect and convey waters from the subject property's developed condition. Increased runoff from the streets was previously evaluated and the flows from the proposed tentative parcel map do not exceed the capacities studied and therefore, will not require additional mitigation. The project will be required to treat pollutants from street flows prior to the waters entering the Wash. The treatment Best Management Practices (BMPs) will be built in conjunction with the street improvements. The BMPs proposed for the treatment of runoff will be designed per Riverside County Flood Control standards and will be designed to treat the calculated Vbmp. Treated water will ultimately be conveyed to proposed storm drains that connect to the Paloma Wash along the eastern border of the property. Two foot diameter and six foot deep dry wells located at the center of each sand filter basin will help promote infiltration and aid in preventing standing water issues. During larger storm events, flows will bypass these BMP features and will be collected by the proposed street catch basins and conveyed through the proposed storm drain system into the Paloma Wash via connection to existing storm drain stub -outs. 3. 90 Days. The developer/owner has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 4. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City ") 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 tentative map or the City's approval thereof, or from any proceedings against or brought against the City, 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 any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the EIR and TENTATIVE MAP. 5. 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. Subject to the provisions of the DEVELOPMENT AGREENT, (i) 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, and (ii) 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. 6. Comply with Ordinance 460. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule E, unless modified by the DEVELOPMENT AGREEMENT, SPECIFIC PLAN, EIR, or the conditions listed herein. 7. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the Menifee Planning Commission's original approval date, unless extended as provided pursuant to the DEVELOPMENT AGREEMENT, Subdivision Map Act, Ordinance No. 460 or subsequent ordinance adopted by the City. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires before the recordation of the final phase, no further FINAL MAP recordation shall be permitted. 8. Development Agreement. This project is subject to the DEVELOPMENT AGREEMENT, which applies to the entire Menifee Town Center Specific Plan. The TENATIVE MAP shall comply with the requirements within the DEVELOPMENT AGREEMENT. To the extent any of these conditions are in conflict with the DEVELOPMENT AGREEMENT, the DEVELOPMENT AGREEMENT shall supersede the Condition of Approval contained herein. 9. Specific Plan. The project site is located within the SPECIFIC PLAN. The City and applicant acknowledge and agree that development, including but not limited to, the overall density and intensity, allowed uses, design guidelines, including entry monumentation and landscaping, building standards and setbacks of the parcels within the project site shall comply with the SPECIFIC PLAN. To the extent any of these conditions are in conflict with the SPECIFIC PLAN, the SPECIFIC PLAN shall supersede the Condition of Approval contained herein. The REQUIRED INFRASTRUCTURE shall also comply with the SPECIFIC PLAN. 10. EIR/MMRP. The project site is subject to the EIR/MMRP. The City and applicant acknowledge and agree that all future development shall comply with the EIR/MMRP. Each FINAL MAP and the REQUIREED INFRASTRUCTURE shall comply with the EIR and MMRP. The permittee shall prepare and submit a written report to the Planning Director demonstrating compliance with the EIR/MMRP which must be satisfied prior to the issuance of a grading permit for the REQUIRED INFRASTRUCTURE. The Community Development Director may require inspection or other monitoring to ensure such compliance 11. Grading Plans. The developer shall cause grading plans for the REQUIRED INFRASTRUCTURE to be submitted to the City of Menifee for review by the Engineering Department. Said plans shall be in conformance with the approved TENTATIVE MAP, SPECIFIC PLAN, DEVELOPMENT AGREEMENT AND EIR. 12. No Building Permits. Planning Application 2010-108 Tentative Parcel Map (PM36299) is for a Schedule E subdivision. No building permits shall be issued pursuant to this subdivision. Subsequent entitlements, including but not limited to, plot plans, conditional use permits and public use permits are required for development of the parcels pursuant to the DEVELOPMENT AGREEMENT, SPECIFIC PLAN, AND EIR/MMRP. Section II: General Conditions for Each Phase 13. Reclaimed Water. The permittee 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 as required by Eastern Municipal Water District. 14. Hours of Construction. Any construction of the REQUIRED INFRASTRUCTURE within the city located within one-fourth (1/4) mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 am to 7:00 pm. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 15. Rules for Construction Activities. The permittee shall comply with all SCAQMD established minimum requirements for construction activities related to the REQUIRED INFRASTRUCTURE to reduce fugitive dust and PM10 emissions. Any construction equipment using direct internal combustion engines shall use diesel fuel with a maximum of 0.05 percent sulfur and a four -degree retard. Construction operations affecting off -site roadways shall be scheduled by implementing traffic hours and shall minimize obstruction of through traffic lanes. On -site heavy equipment used during construction shall be equipped with diesel particulate filters unless it is demonstrated that such equipment is not available or its use is not cost - competitive. 16. SCAQMD Rule 402. The construction of the REQUIRED INFRASTRUCTURE will comply with existing SCAQMD Rule 402 which prohibits a person from discharging any source quantities of air contaminants or other material which cause injury, nuisance, or annoyance to any considerable number of persons or to the public. 17. Construction of Private Improvements. Pursuant to Section 4.1.1 of the DEVELOPMENT AGREEMENT, Developer shall, at its own expense, in accordance with the Applicable City Regulations, construct, and maintain any and all improvements on the Property, including all infrastructure that is necessary to serve the Project, that are not and will not be offered for dedication to the City for ownership, operation and maintenance. 18. Construction of Public Improvements. Pursuant to Section 4.1.2 of the DEVELOPMENT AGREEMENT, Developer shall, in accordance with the Applicable City Regulations, construct the water, sewer or street improvements necessary to serve the portion of the Project being developed. These improvements are to be offered for dedication to the City for ownership, operation and maintenance consistent with the Applicable City Regulations. To the extent any Public Improvements will provide a material benefit to another landowner, the City and Developer shall establish the Developer's share of such improvements and identify any potential benefited owners and pursuant to Section 4.1.4 of this Agreement, shall enter into a Reimbursement Agreement. 19. NEV Access. Within the SPECIFIC PLAN, Sherman Road, La Piedra Road, and all local roads and alleys are expected to be governed by posted speed limits of 35 mph or less and could accommodate Neighborhood Electric Vehicle (NEV) access. 20. Connectivity to Paloma Wash. Subsequent entitlements within some of the parcels adjacent to the Paloma Wash will provide connections to the Paloma Wash Trail. A determination of any connections shall be made by the Director of Community Development at Plot Plan review stage. GEOLOGY 21. County Geologic Report (GEO) No. 2277. The permittee shall comply with the recommendations of the Geology Report entitled: "Geotechnical Update Report, Menifee Town Center, Tentative Parcel Map No. 36299, Located Southwest of Newport Road and Haun Road, City of Menifee, Riverside County California", dated September 6, 2011 ("REPORT"), as supplemented by "Response to Riverside County Geologic Report Comment Letter, Menifee Town Center Tentative Parcel Map No. 36299, Located Southwest of Newport Road and Haun Road, City of Menifee, Riverside County, California", dated November 22, 2011. GEO. No. 2277 satisfies the requirement for a Geotechnical study for Planning/CEQA purposes. GEO No. 2277 is hereby accepted for Planning purposes. Engineering and other Uniform Building Code parameters were not included as a part of this review or approval and this approval is not intended, and should not be misconstrued as approval for grading permit. Engineering and other building code parameters will be reviewed and additional comments and/or conditions may be imposed by the Building and Safety Department upon application for grading and/or building permits. FEES 22. Subsequent Review. 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. 23. Ordinance 659 Fees. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The fee shall be paid for each acre within this land division. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 24. Ordinance 810 Fees. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of Riverside County Ordinance No. 810, which requires payment of the appropriate fee set forth in the Ordinance. Riverside County Ordinance No. 810 has been established to set forth policies, regulations and fees related to the funding and acquisition of open space and habitat necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance. In the event Riverside County Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. LANDSCAPING 25. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Planning Department and the South Coast Air Quality Management District (SCAQMD). 26. Landscape Maintenance. The land divider, or any successor -in -interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of a property owner's association, or any other successor -in -interest. General Conditions for Phase I 27. Phase I. The Specific Plan states that "[t]he Town Center Specific Plan envisions a development at a scale, mix, intensity, and level of detail that distinguishes itself from other developments in the City of Menifee and is a departure from the typical suburban development that was proposed under previous plans. The location of this site and its proximity to the Countryside Marketplace provides a unique opportunity to the City to establish a landmark place in the community that represents economic prosperity and serves as the City's center of activity." The Town Center, including specifically the southwest corner of Haun and Newport Roads, is uniquely positioned to serve as a gathering spot and as the civic and cultural hub of the City. Therefore overall development within Parcels 27-34 as identified on the TENTATIVE MAP shall conform to the requirements of the Specific Plan and the tentative map conditions. Development within Parcels 27-34 as identified on the TENTATIVE MAP shall coordinate access, circulation, parking, driveways, drive aisles, and landscaping. Prior to Final Map for Each Phase 28. Amended Map Required. Prior to recordation of the final map, the developer shall submit a revised tentative map showing all corrections noted and agreed to on the redlined map dated July 16, 2012. Specifically, all local roads shall have a minimum width of 60 feet (not 56 feet). 29. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the developer/owner shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. [ 30. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 31. Common Area Maintenance. 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. 32. CCR's Public Common Area. 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: a. 1. A cover letter identifying the project for which approval is sought and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; b. A signed and notarized declaration of covenants, conditions and restriction. Attached to these documents there shall be included a legal description of the property included within the CC&Rs and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor; c. A sample document, conveying title to the purchaser of an individual lot or unit, which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, d. A deposit equaling three (3) hours of the current hourly fee for Review if Covenants, Conditions and Restrictions established pursuant to the City fee schedule 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, 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, the copy and the original declaration of CC&Rs shall be forwarded by the City Attorney and the Planning Division. The Planning Division will retain the one copy for the case file, and forward the wet signed and notarized original declaration of covenants, conditions and restrictions to the City Engineer for safe keeping until the final map is ready for recordation. The City Engineer shall record the original declaration of CC&Rs in conjunction with the recordation of the final map. 33. CCR's Private Common Area. 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 and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; b. A signed and notarized declaration of covenants, conditions and restriction. Attached to these documents there shall be included a legal description of the property included within the CC&Rs and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor; c. A sample document, conveying title to the purchaser of an individual lot or unit, which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, d. A deposit equaling three (3) hours of the current hourly fee for Review if Covenants, Conditions and Restrictions established pursuant to the City fee schedule at the time the above referenced documents are submitted for City Attorney review. The declaration of covenants, conditions and restrictions submitted for review shall: 1. provide for a minimum term of 60 years, 2. provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit as tenants in common, 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. e. The declaration of CC&Rs shall contain the following provisions verbatim: 1. "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 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, the copy and the original declaration of CC&Rs shall be forwarded by the City Attorney and the Planning Division. The Planning Division will retain the one copy for the case file, and forward the wet signed and notarized original declaration of covenants, conditions and restrictions to the City Engineer for safe keeping until the final map is ready for recordation. The City Engineer shall record the original declaration of CC&Rs in conjunction with the recordation of the final map. 34. ECS. The developer/owner shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. 35. Dark Sky Ordinance. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by the Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with the Dark Sky Ordinance. 36. Survey Checklist. The Engineering Department shall review any FINAL MAP and ensure compliance with the following: A. All parcels on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. B. All lots on the FINAL MAP shall comply with the length to width ratios, as established by Section 3.8.C. of Ordinance No. 460. C. The total number of parcels on the final map shall be 34. FEES 37. Fees. Prior to recordation, the Planning Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the developer/owner and/or the developer/owner's successor -in -interest. Prior to Recordation of Phase 1 38. Pedestrian Bridge Easement. The Specific Plan requires a pedestrian bridge to be constructed across the Paloma Wash connecting Phase 1 and Phase 4. The specific location and design of the bridge shall be determined pursuant to the terms of the DEVELOPMENT AGREEMENT. Prior to recordation of a FINAL MAP for Phase 1 or Phase 4, a blanket easement shall be shown on the FINAL MAP to accommodate the landing point on each side of the Paloma Wash and to provide public access for the pedestrian bridge. The City and Developer shall determine the final easement, to replace such blanket easement, at the time the specific location and design of the bridge are finalized pursuant to the terms of the DEVELOPMENT AGREEMENT. 39. Reciprocal Access. Prior to recordation of the FINAL MAP for Phase 1, the Community Development Director may require reciprocal access easements between Parcels 27-34 if such reciprocal access is determined to be necessary for appropriate on -site circulation and access to and from Haun Road and/or Newport Road. Prior to Recordation of Phase 2 40. Civic Center Site. Prior to recordation of a FINAL MAP for Phase 2, permittee shall comply, or have complied, with Section 3.19 of the DEVELOPMENT AGREEMENT with respect to the Civic Center Site. 41. Reciprocal Access. Prior to recordation of the FINAL MAP for Phase 2, the Community Development Director may require reciprocal access easements between Parcels 14 and 15 if such reciprocal access is determined to be necessary for appropriate on -site circulation and access to and from "A" Street and/or Sherman Road. Prior to Recordation of Phase 3 42. Bus Turnout. Prior to recordation of a FINAL MAP for Phase 3, pursuant to Ordinance 460, Section 10.1 Dedications, the subdivider shall offer a dedication or an irrevocable offer of dedication of land within the subdivision (Phase 3) for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of a subdivision. Prior to Recordation of Phase 4 43. Pedestrian Bridge Easement. The Specific Plan requires a pedestrian bridge to be constructed across the Paloma Wash connecting Phase 1 and Phase 4. The specific location and design of the bridge shall be determined pursuant to the terms of the DEVELOPMENT AGREEMENT. Prior to recordation of a FINAL MAP for Phase 1 or Phase 4, a blanket easement shall be shown on the FINAL MAP to accommodate the landing point on each side of the Paloma Wash and to provide public access for the pedestrian bridge. The City and Developer shall determine the final easement, to replace such blanket easement, at the time the specific location and design of the bridge are finalized pursuant to the terms of the DEVELOPMENT AGREEMENT. 44. Park Dedication. Prior to recordation of FINAL MAP for Phase 4, the FINAL MAP identify Parcel 23 for dedication to the City of Menifee for public park purposes in accordance with Section 3.21 of the DEVELOPMENT AGREEMENT. Prior to Issuance of Grading Permit for Required Infrastructure 45. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Planning Director demonstrating compliance with those conditions of approval and mitigation measures of this project and the Environmental Impact Report which must be satisfied prior to the issuance of a grading permit. The Community Development Director may require inspection or other monitoring to ensure such compliance FEES 46. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit for the REQUIRED INFRASTRUCTURE, the permittee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 170.15 acres (gross) in accordance with APPROVED EXHIBIT NO. A. 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 mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. Fees have been previously paid to the County of Riverside per receipt number MT070588. 47. Fees. Prior to the issuance of grading permits for the REQUIRED INFRASTRUCTURE, the Planning Department shall determine the status of the deposit based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. sec don ME] Enc��o���� nqi/Ti r. ans[gor� aUoni orado'no Cond'p oons of Appravaa GENERAL ENGINEERING CONDITIONS: Ordinances 460/461 (GENERAL) — With respect to the conditions for tentative 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. 2. ADA Compliance (GENERAL)- ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the City Engineer and City Building Official. 3. Plan Submittals (GENERAL) — 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 issuance of grading permits. 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 2009 or later are required for all final maps upon approval. 4. Construction Traffic Control Plan (GENERAL) — Prior to commencement of construction of any kind, the applicant shall submit and obtain approval of a Construction Traffic Control Plan in compliance with the latest CAMUTCD standards. This plan shall address impacts from truck traffic, noise, and dust and shall propose measures to minimize these effects and provide for safe use of the roads during construction. Included in this plan shall be the Traffic Safety Plan for construction impacts in the road right-of-way. This plan shall specify, for each phase, what measures are required to mitigate the following: a. Dust and dirt fallout from truck loads and from entrainment onto City roadways. Trucks with a soil load shall be covered at all times during transport within the City right-of-way. Street sweeping is required biweekly during construction activity and daily during all grading operations. A water truck is required on site during all grading operations. Corrugated steel panels, gravel, and wheel washing BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise mitigation from truck traffic, including timing of construction, and operation of vehicles through the surrounding residential streets. c. Obtain permits from Cal Trans for work within the State road right -of- way. d. Traffic safety within the road right-of-way including temporary traffic control measures and devices. e. A dirt haul route plan shall be submitted for approval prior to any import/export grading operation. The plan shall identify all origins and destinations and a 9:OOam — 4:OOpm haul period. Haul routes are not permitted on residential streets. The traffic control application, location, and type of traffic control shall be shown on the plan. Daily street sweeping is required during all hauling operations. 5. Encroachment Permits (GENERAL) — 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. 6. Concrete Work (GENERAL) — All concrete including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed with concrete having a 28 day minimum strength of 3,250 psi. 7. Off Site Phase (GENERAL) — Should the Developer choose to phase any portion of this project, said Developer shall provide off -site access roads to City maintained roads as approved by the City Engineer. 8. Secondary Access Minimum Improvements and R/W (GENERAL) Should the applicant choose to phase any portion of this project, said applicant shall provide off -site access roads to City maintained roads as approved by the Engineering Department. Any secondary access road allowed per these conditions of approval shall be constructed per County Standard Drawing No. 106, Section "A" with two 16' travel lanes striped over 32' of asphalt pavement and 8' graded shoulder on each side of the pavement. A minimum 60' right of way shall be dedicated for the use of public streets and utility purposes per separate instrument until the final road dedication. Any secondary road shall be signed "NO STOPPING ANY TIME" R26(S)(CA). Additional drainage improvements adjacent to shoulders may be required for proper performance of Water Quality Basins with secondary road improvements. Secondary access roads and associated BMPs shall be privately maintained. 9. Secondary Access Road to be widened in the future (GENERAL) Any secondary access road that will be widen in the future to ultimate improvements shall be paved with the structural section of the ultimate road or thicker if required by the traffic index of the secondary road. Surface treatment such as slurry seal or grind and overlay to the satisfaction of the City Engineer may be required prior to City acceptance. 10. General Introduction (GENERAL) — Improvements such as grading, filling, over excavation, compaction, and base or paving which require a grading permit are subject to the requirements of Ordinance 457. 11. Erosion Control (GENERAL) — 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. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the City for review. 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. 12. Dust Control (GENERAL) — 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. 13. Street Flows (GENERAL) — The 10-year storm flow shall be contained within the curb and the 100-year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. All parcels shall be graded to drain to the adjacent street or an adequate outlet. 14. 100 Year Sump Drainage Facilities (GENERAL) — All drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. An emergency overflow escape or an alternative dual outlet shall be provided as approved by City Engineer. Drainage facilities shall comply with City and Riverside County Flood Control District standards. 15. Street Drainage Facilities (GENERAL) — All street drainage facilities shall be designed to accommodate the 10—year storm event or the 100- year storm event flows in accordance with Riverside County Flood Control and Water Conservation District criteria. 16. Drainage Grade (GENERAL) — Minimum drainage design grade for street improvements shall be a 0.5% minimum grade for portland cement concrete curb and gutter. Annotate in plans direction of drainage patterns on the site with direction arrows and respective percent gradient. 17. Maximum and minimum grade Advice (GENERAL) — Engineer of record is advised to not base the design on minimum and maximum grades for ADA and project grading design to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector. It will need to be removed and replaced at owner's expense. 18. Slope Setbacks (GENERAL) — Comply with slope setbacks per Section 1808, figure 1808.7.1 of the California Uniform Building Code. 19. Storm Water Quality (GENERAL) — Tentative Parcel Map 36299 addresses water quality for street improvements only. A preliminary WQMP for street improvements has been submitted for review and approval. A SWPPP is required to address water quality for the mass grading operations for the proposed lots/parcels. Desilting basins and debris inlets shall be detailed in the SWPPP report to prevent the transport of sediment. 20. Water Quality Management Plan (WQMP) (GENERAL) - In compliance with Santa Ana Regional Water Quality Control Board Order, projects submitted within the western region of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff. The Final WQMP shall conform to the latest requirements set forth by the Santa Ana Regional Water Quality Control Board, order R8-2010-0033 and subsequent revision adopted by the Board prior to construction of water quality features on each parcel. The WQMP addresses post -development water quality impacts from new development and redevelopment projects. The WQMP provides detailed guidelines and templates to assist the developer in completing the necessary studies. These documents are available on-line at: www.floodcontrol.co.riverside.ca.us under Programs and Services, Stormwater Quality. To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to: a. Identify potential post -project pollutants and hydrologic impacts associated with the development; b. Identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post -development BMPs; and c. Identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. A final Project Specific WQMP must be approved by the City prior to issuance of building or grading permits. Projects requiring Project Specific WQMPs are required to submit a Preliminary Project Specific WQMP along with the land -use application package. The format of the Preliminary report shall mimic the format/template of the final report but can be less detailed. For example, points a, b & c above must be covered, rough calculations supporting sizing must be included, and footprint/locations for the BMPs must be identified on the tentative exhibit. Detailed drawings will not be required. This preliminary project specific WQMP must be approved by the City prior to issuance of recommended conditions of approval. The developer has submitted a report that meets the criteria for a preliminary project specific WQMP. The report may need significant revisions to meet the requirements of a final project specific WQMP. Infiltration methods must be utilized where feasible. An infiltration test shall be included in the Final WQMP. If the infiltration test returns favorable results, then the proposed filtration BMPs shall be converted to infiltration BMPs. Easements shall be provided for all BMPs. Individual WQMPs shall be required to address the future development of each parcel. The individual WQMPs shall incorporate and include the water quality treatment of the streets in their individual WQMP Report. The developer shall maintain the treatment control BMPs for the streets until such time that each Parcel is improved. Also, it should be noted that if regulatory certifications are required such as 401 certification, 404 certification, 1602 certification, etc., the Water Quality Control Board may require additional water quality measures. PRIOR TO PARCEL MAP RECORDATION: 21. Road Bridge Benefit District (PRIOR To MAP RECORDATION)— This project is within the Menifee Valley Zone C Road Bridge and Benefit District. The applicant shall pay the assessed fees based on the designated land use and areas. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, deferring said payment to the time of issuance of a building permit or certificate of occupancy. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit of each parcel. 22. Sight Distance Analysis (PRIOR To MAP RECORDATION) — Prior to recordation of each final map, A sight distance analysis per County Standard No. 821 and the Manual of Uniform Traffic Control Devices — CA (CAMUTCD) current edition shall be performed for restricted uses areas at all intersections including medians. The City Engineer shall determine the appropriate speed for each intersection. All necessary measures shall be made to meet the sight distance requirements during construction and for ultimate improvements. Sight line from this analysis shall be shown on the striping, landscape and dry utility plans. 23. Map Owner Maintenance (PRIOR TO MAP RECORDATION) — The subdivider shall provide sufficient description in the Covenants, Conditions, and Restrictions to advise purchasers of any parcel within the subdivision that the owners of individual parcels are responsible for the maintenance of the private drainage facility within the drainage easements as shown on the final map. Public drainage facilities within drainage easements shall be maintained by the property owner until accepted by the City of Riverside County Flood Control District. 24. Roundabout Design (PRIOR TO MAP RECORDATION) — The tentative parcel map includes a conceptual design of a roundabout. The applicant shall provide with the first submittal of street improvement plans, a roundabout final design report. The report shall be approved by the City Engineer prior to review of the street improvement plans. The report may be submitted ahead of street improvement plans submittal. The Roundabout Report shall follow the guidelines of FHWA-RD-00-067 and include the following components: • Traffic study (Synchro analysis — AM & PM peak) o Determine entry speed according to road design speed o Determine adequate diameter of roundabout o Capacity analysis (indicate level of service of alternative STOP -control or signal at same location) o Baseline geometrics o Determine number of entry, circulating, and exit lanes required for future capacity and safety operations o Balance design entry width (E), average effective flare length (L'), entry angle (phi), the entry radius (R1), and the inscribed circular diameter (ICD). • Ultimate AM & PM traffic turning movement volumes • ROW constraints, adjacent land uses, and bicycle and transit facilities • Percentage of heavy trucks (by approaching roadway) • Type of truck for each turning movement (i.e. WB-50, WB-67, etc.); minimum WB-50 • Future pedestrian volumes (if considerably high or worth noting) • Concept drawings o Proper alignment o Show transition at least 200' either side of the roundabout o Preliminary design of splitter islands with pedestrian crossings indicated (-20' from yield line) o Verify truck turning templates with 90 degree and 270 degree turn o Indicate truck apron, if required Final design for roundabouts shall include: • Verified fastest path design • Speed table identifying fast path speeds at each entry and circulating • Horizontal design plan • Vertical design plan • Signing plan • Striping plan • ADA ramp, bike path ramp, and pedestrian crossing details • Curb and gutter details • Landscaping plan and profile (including heights and grading of central island) • Lighting plan • Grading plan of roundabout 25. Newport Road Right of Way (PRIOR TO MAP RECORDATION) — Newport Road shall be dedicated for a Modified Urban Arterial Highway as follows: • From westerly Project Boundary to 300East of Sherman Road: A total of 143' right-of-way with 88' right-of-way south of the center line. • From approximately 300' East of Sherman Road to 400' West of Haun Road: A total of 143' to 155' right-of-way with 88' right-of-way south of the center line. • From approximately 400' west of Haun Road to Haun Road: A total of 155' right-of-way with 88' right-of-way south of the center line. 26. Sherman Road Vacation (PRIOR TO MAP RECORDATION) — Prior to or in conjunction with the recordation of the first final map, the existing Sherman Road shall be vacated to allow for the proposed alignment by the Tentative Parcel Map. 27. Sherman Road Right Of Way (PRIOR TO MAP RECORDATION) • From La Piedra Road to "A" Street 86'right-of-way shall be dedicated for the use of public streets and utility purposes. • From "A" Street to Newport Road 92'-98'right-of-way shall be dedicated for the use of public streets and utility purposes. • At Roundabout The roundabout right of way shall be dedicated per the approved roundabout report that will be submitted prior to street improvement plans submittal per these conditions of approval. 28. La Piedra Road Right Of Way (PRIOR TO MAP RECORDATION) Westerly boundary to Haun Road 50' half width right-of-way shall be dedicated for the use of public streets and utility purposes. 29. Local Streets A, B, C and E Right of Way (PRIOR TO MAP RECORDATION) 60' right-of-way shall be dedicated for the use of public streets and utility purposes per the specific plan. 30. Enhanced Local Streets D Right of Way (PRIOR TO MAP RECORDATION) Street D frontages a park and shall be an enhanced local road with 63' right of way dedicated for the use of public streets and utility purposes per County standard No. 104 section "A" (modified) with an 11' sidewalk adjacent to park. 33' of right of way shall be dedicated on the east side of the road adjacent to the park located on parcel 23. 30' of right of way shall be dedicated on the west side located on parcel 22. 31. Street Improvement Plans (PRIOR To MAP RECORDATION) — Street Improvement plans shall be submitted to the City for review and approval in conformance with the Ordinances 460, 461, and the County of Riverside Improvement Plan Check Policies and Guidelines as amended by the City of Menifee. Street improvement plans may be submitted for each phase as approved by the City Engineer. 32. Street Light Plan (PRIOR TO MAP RECORDATION) — A separate street light plan is required for this project. Street lighting shall be designed in accordance with County Ordinance 460 and Streetlight Specification Chart found in Specification Section 22 of Ordinance 461. For projects within SCE boundaries use County of Riverside Ordinance 461, Standard No's 1000 or 1001. For projects within Imperial Irrigation District (IID) use IID's pole standard. 33. Street Lights ULMD (PRIOR TO MAP RECORDATION) — The project proponent shall annex into the Lighting and Landscape Maintenance District and contact the Transportation Department L&LMD 89-1-C Administrator and submit the following: 1. Completed Transportation Department application 2. Appropriate fees for annexation. 3. (2)Sets of street lighting plans approved by Transportation Department. 4. "Streetlight Authorization" form from SCE, IID or other electric provider. 34. Landscaping Application Annex (PRIOR TO MAP RECORDATION) — Landscaping within public road rights -of -way shall comply with Transportation Department standards and require approval by the Transportation Department. Assurance of continuing maintenance is required by filing an application for annexation into the Landscaping and Lighting Maintenance District NO. 89-1-Consolidated and/or Assessment District. 35. Landscaping (PRIOR TO MAP RECORDATION) — The project proponent shall comply in accordance with landscaping requirements within public road rights -of -way, in accordance with Ordinance 461. Landscaping shall be installed in the parkways and raised medians. Landscaping plans shall be submitted on standard County Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. If landscaping maintenance to be annexed to Landscaping Maintenance or Lighting and District, landscaping plans shall depict ONLY such landscaping, irrigation and related facilities as are to be placed within the public road rights -of -way. 36. Traffic Signals (PRIOR TO MAP RECORDATION) — The project proponent shall comply in accordance with traffic signal requirements within public road rights -of -way, as directed by the Transportation Department. Assurance of traffic signal maintenance is required by filing an application for annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for the required traffic signal(s). 37. Graffiti Abatement (PRIOR TO MAP RECORDATION) — 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 County maintained road rights -of -way. 38. Traffic Signal Design (PRIOR TO MAP RECORDATION) — Prior to recordation of the corresponding phase, the applicant shall be responsible for the design of the proposed or modified traffic signals per City Specifications and Special Provisions at the intersections of: Prior to Map Recordation of Phase 1 Haun Road and Marketplace Dr. / Village Road, North Driveway (modify) Haun Road and Countryside Market Place, South Driveway (modify) Prior to Map Recordation of all Phases except Phase 1 Newport Road and Sherman Road / Avenida De Cortez (new) Prior to Map Recordation of Phase 3 Newport Road and Calle Tomas / Future Commercial Driveway (new) Submitted and approved as part of Sherman Road Improvement Plan Sherman Road and La Piedra Road (new) When warranted by Traffic Study No fee credit will be given for Traffic Signal Mitigation fees for Haun Road. 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 according to City policy. The applicant is responsible for the total cost of all the other signals listed above. The applicant may divide the cost of all the traffic signals for this project between all phases or parcels and prepare any fair share agreement with future owners of each parcel or phase. A traffic study shall be provided with any cumulative development for the traffic signal at Sherman Road and La Piedra Road and any offsite signal condition. 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). LED Internally Illuminated Street Name Signs (IISNS) conforming to the City Standards and Specifications shall be provided at each signalized intersection. All traffic signal safety lighting, indications, and IISNS shall be furnished with LED lighting per City Standards and Specifications. The pedestrian indicators shall be ADA compliant and audible with voice feature per City Standards and Specifications. 39. Traffic Signal Interconnect (PRIOR TO MAP RECORDATION) - Traffic signal interconnect between those signals installed or modified by the project shall be installed as directed by the Engineering Department and per City Standards and Specifications. 40. Traffic Signal Coordination (PRIOR TO MAP RECORDATION) - 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 to and approved by the City Engineer. The traffic signal controller at the intersection of Haun Road and Newport Road is designated as the system master. 41. Traffic Signal Vehicle Detection (PRIOR TO MAP RECORDATION) — Video and inductive loop detection conforming to the requirements of the City Standards and Specifications shall be used for all new traffic signal design and construction. 42. Cross gutters (PRIOR TO MAP RECORDATION) — Proposed signalized intersections per this project shall not have cross gutters. Catch basins shall be used upstream of the intersections to intercept the 100-year event flows. Intersections with existing cross gutters shall be retrofitted to add required storm drain facilities. Any exception for cross gutters at signalized intersections will be analyzed with individual development plans, street improvement plans, or both if submitted together. 43. Bus Turnout (PRIOR To MAP RECORDATION) — Pursuant to Ordinance 460, Section 10.1 Dedications, the subdivider shall offer a dedication or an irrevocable offer of dedication of land within the subdivision (Phase 2 or 3) for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of a subdivision. Therefore, a bus turnout with a bus shelter matching the project theme shall be constructed on Newport Road to the satisfaction of the Riverside Transit Agency and the City Engineer. Bus turnout shall be per County Std. No. 814. The developer shall submit plans with the design of the shelter to the City Engineering Department for review and approval. The bus shelter will be constructed per separate plan to the satisfaction of the City Engineer. 44. Development Access (PRIOR TO MAP RECORDATION) - Access to the development shall be approved by the City Engineer. Sherman Road access shall be consistent with the Town Center Specific Plan latest amendment. 45. Non Signalized Driveway (PRIOR TO MAP RECORDATION) — The commercial driveways without a traffic signal shall be constructed per Std. No. 207A. The minimum width for an inbound lane shall be 16'. Newport Road Driveway (Parcels 27-34) — One driveway is permitted approximately 550' from the Haun Road flow line to the satisfaction of the City Engineer. Turning movements are restricted to right in and right out with no left turns permitted. Haun Road Existing Driveways (Parcels 27-34) — The two existing driveway approaches shall be reviewed at the time of development application. Any driveway on Sherman Road shall not be permitted within 300' from the flow line of Newport Road. 46. Signalized Driveway (PRIOR TO MAP RECORDATION) — The commercial driveways with a traffic signal shall be constructed with ADA ramps and curb returns with a 35' radius similar to a street intersection. The minimum width for an inbound lane shall be 16'. Easement dedications to the City for public road and drainage purposes at signalized driveways shall be determined at project development review. Newport Road Driveway (Parcels 1 and 2) — One driveway is permitted and shall be aligned with Calle Tomas to the satisfaction of the City Engineer. The driveway shall allow for full turning movements with a traffic signal. Haun Road Driveway (Parcels 27-34) — Two driveways are permitted opposing the existing Countryside Marketplace driveways. Traffic signals shall be modified as required. 47. Restricted Access (PRIOR TO MAP RECORDATION) - Direct access to Newport Road and Haun Road will be prohibited from any parcel with the exception of accesses allowed in these conditions. Direct access to La Piedra Road will be reviewed at development application. 48. Project Phasing (PRIOR TO MAP RECORDATION) — The Tentative Parcel Map 36299 is intended to be recorded and developed in seven (7) phases with 34 total parcels as follows: Phase 1 — Parcels 27-34 Phase 2 — Parcels 12, 14-20 Phase 3 — Parcels 1-3 and 13 Phase 4 — Parcels 21-24 Phase 5 — Parcels 10 and 11 Phase 6 — Parcels 25 and 26 Phase 7 — Parcels 4-9 Each phase may be recorded and developed in any order, so long as the conditions of approval for each phase and cumulative development are met. 49. Parcels 25 and 26 Access (PRIOR TO MAP RECORDATION) — Access for parcels 25 and 26 shall be evaluated at the time of development review and prior to the recordation of phase 6 of the Tentative Tract Map. 50. Reciprocal access for Parcels 27 through 34 (PRIOR TO MAP RECORDATION) Prior to map recordation of Phase 1, the Community Development Director may require a reciprocal access easement between lots 27 through 34 if such reciprocal access is determined to be necessary for appropriate on -site circulation and access to and from Haun Road and Newport Road. 51. Reciprocal access for Parcels 1, 2 and 3 (PRIOR TO MAP RECORDATION) Reciprocal access easement for parcels 1, 2 and 3 of the Tentative Parcel Map shall be provided. Depending on project development design and order, parcel 3 may be excluded from reciprocal access. It will be evaluated at development review. 52. Reciprocal access for Parcels 14 and 15 (PRIOR TO MAP RECORDATION) Reciprocal access easement for parcels 14 and 15 of the Tentative Parcel Map shall be provided. 53. Reciprocal access for Parcels 16, 17, 18 and 19 (PRIOR TO MAP RECORDATION) Reciprocal access easement for parcels 16, 17, 18 and 19 of the Tentative Parcel Map shall be provided. Any driveway on Sherman Road shall not be permitted within 300' from the flow line of Newport Road. 54. Phase 1 (PRIOR TO MAP RECORDATION) — Prior to recordation of a final map for Phase 1, the following transportation conditions shall apply: • Newport Road is currently dedicated per instrument number for ultimate right- of-way for the use of public streets and utility purposes. No additional dedications are necessary. It shall be re -dedicated on the final map for clarity purposes. • Haun Road is currently dedicated per instrument number for ultimate right-of- way for the use of public streets and utility purposes. No additional dedications are necessary. It shall be re -dedicated on the final map for clarity purposes. • Dedicate pedestrian bridge easement as described in condition titled "Pedestrian Bridge Easement" in this document 55. Phase 2 (PRIOR To MAP RECORDATION) — Prior to recordation of a final map for Phase 2, the following transportation conditions shall apply: • Newport Road along Phase 2 frontage will require additional right-of-way dedication to accommodate 143' of right -of way. • Along Phase 2 frontage, Sherman Road shall be dedicated South of "A" street with 86' right-of-way for the use of public streets and utility purposes. North of "A" Street, Sherman Road shall be dedicated with 92' to 98' right-of-way for the use of public streets and utility purposes. • "A" Street shall be dedicated with 60' right-of-way for the use of public streets and utility purposes. • Along Phase 2 frontage, "B" Street shall be dedicated with 60' right-of-way for the use of public streets and utility purposes. • "C" Street shall be dedicated with 60' right-of-way for the use of public streets and utility purposes. • Secondary access shall be provided on Sherman Road from the southern frontage to La Piedra Road and on La Piedra Road from Sherman Road to Haun Road. The secondary access road shall comply with the condition titled "Secondary Access Minimum Improvements and R/W" in this document. 56. Phase 3 (PRIOR To MAP RECORDATION) — Prior to recordation of a final map for Phase 3, the following transportation conditions shall apply: • Newport Road along Phase 3 frontage will require additional right-of-way dedication to accommodate from 143' to 155' of right -of way per the sections in the Tentative Parcel Map. • "A" Street shall be dedicated with 60' right-of-way for the use of public streets and utility purposes. • Along Phase 3 frontage, "B" Street shall be dedicated with 60' right-of-way for the use of public streets and utility purposes. • Reciprocal access shall be dedicated between parcels 1 and 2 to benefit both of them for the driveway at Newport Road. • Primary access shall be provided on Sherman Road from Newport Road to "A" Street. Sherman Road shall be dedicated north of "A" Street with 92' to 98, right-of-way for the use of public streets and utility purposes. • Secondary access shall be provided on "B" Street from the southern frontage to "C" Street, on "C" Street from "B" Street to Sherman Road, on Sherman Road from the southern frontage to La Piedra Road, and on La Piedra Road from Sherman Road to Haun Road. The secondary access road shall comply with the condition titled "Secondary Access Minimum Improvements and RNV" in this document. 57. Phase 4 (PRIOR To MAP RECORDATION) — Prior to recordation of a final map for Phase 4, the following transportation conditions shall apply: • Along Phase 4 frontage, Sherman Road shall be dedicated with 86' right-of-way for the use of public streets and utility purposes. • Along Phase 4 frontage, "C" Street shall be dedicated with 60' right-of-way for the use of public streets and utility purposes. • "E" Street shall be dedicated with 60' right-of-way for the use of public streets and utility purposes. • "D" Street shall be dedicated with 63' right-of-way for the use of public streets and utility purposes. • Primary access shall be provided on Sherman Road from the northern frontage to Newport Road. Sherman Road shall be dedicated north of "A" Street with 92' to 98' right-of-way for the use of public streets and utility purposes. Secondary access shall be provided on Sherman Road from the southern frontage to La Piedra Road and on La Piedra Road from Sherman Road to Haun Road. The secondary access road shall comply with the condition titled "Secondary Access Minimum Improvements and RNV" in this document. • Dedicate pedestrian bridge easement as described in condition titled "Pedestrian Bridge Easement" in this document 58. Phase 5 (PRIOR To MAP RECORDATION) — Prior to recordation of a final map for Phase 5, the following transportation conditions shall apply: • Along Phase 5 frontage, Sherman Road shall be dedicated with 86' right-of-way for the use of public streets and utility purposes. • Along Phase 5 frontage, "B" Street shall be dedicated with 60' right-of-way for the use of public streets and utility purposes. • Along Phase 5 frontage, "C" Street shall be dedicated with 60' right-of-way for the use of public streets and utility purposes. • Primary access shall be provided on Sherman Road from the northern frontage to Newport Road. Sherman Road shall be dedicated north of "A" Street with 92' to 98' right-of-way for the use of public streets and utility purposes. Sherman Road shall be dedicated from the northern frontage to "A" Street with 86" right- of-way for the use of public streets and utility purposes. Secondary access shall be provided on Sherman Road from the southern frontage to La Piedra Road and on La Piedra Road from Sherman Road to Haun Road. The secondary access road shall comply with the condition titled "Secondary Access Minimum Improvements and R/W" in this document. 59. Phase 6 (PRIOR To MAP RECORDATION) — Prior to recordation of a final map for Phase 6, the following transportation conditions shall apply: Along Phase 6 frontage, La Piedra Road shall be dedicated with 50' half street right-of-way for the use of public streets and utility purposes. Along Phase 6 frontage, Sherman Road shall be dedicated with 86' right-of-way for the use of public streets and utility purposes. Secondary access shall be provided on Sherman Road from the northern frontage to Newport Road. The secondary access road shall comply with the condition titled "Secondary Access Minimum Improvements and R/W" except that Sherman Road shall be dedicated north of "A" Street with 92' to 98' right- of-way for the use of public streets and utility purposes. 60. Phase 7 (PRIOR To MAP RECORDATION) — Prior to recordation of a final map for Phase 7, the following transportation conditions shall apply: • Along Phase 7 frontage, La Piedra Road shall be dedicated with 50' half street right-of-way for the use of public streets and utility purposes. • Along Phase 7 frontage, Sherman Road shall be dedicated with 86' right-of-way for the use of public streets and utility purposes. • Along Phase 7 frontage, "B" Street shall be dedicated with 60' right-of-way for the use of public streets and utility purposes. • Primary access shall be provided on La Piedra Road from Sherman Road to Haun Road. Secondary access shall be provided on "C" Street from "B" Street to Sherman Road and on Sherman Road from the northern frontage to Newport Road. The secondary access road shall comply with the condition titled "Secondary Access Minimum Improvements and R/W" in this document except that Sherman Road shall be dedicated north of "A" Street with 92' to 98' right- of-way for the use of public streets and utility purposes. 61. Pedestrian Bridge Easement (PRIOR To MAP RECORDATION) — Pedestrian Bridge Easement. The Specific Plan requires a pedestrian bridge to be constructed across the Paloma Wash connecting Phase 1 and Phase 4. The specific location and design of the bridge shall be determined pursuant to the terms of the DEVELOPMENT AGREEMENT. Prior to recordation of a FINAL MAP for Phase 1 or Phase 4, a blanket easement shall be shown on the FINAL MAP to accommodate the landing point on each side of the Paloma Wash and to provide public access for the pedestrian bridge. The City and Developer shall determine the final easement, to replace such blanket easement, at the time the specific location and design of the bridge are finalized pursuant to the terms of the DEVELOPMENT AGREEMENT. 62. Backbone Infrastructure Bonding (PRIOR TO MAP RECORDATION) Each Phase shall "stand alone". To prevent overlapping and multiple bonding of the same improvements by several phases, the City will allow a set of plans of the common facilities that serve multiple phases for the same owner. The bond will name on it all of the project phases that need the common facility to function. If any project phase is sold, the backbone improvements for that phase will be bonded in addition by the new owner without reduction of the original backbone infrastructure bond that still serve other phases. Only if a copy of an agreement between the prime developer and any tenant or owner of a given phase is delivered to the City stating that the prime developer is still responsible for backbone improvements, the new phase owner or tenant will not need to bond for backbone improvements for that phase. 63. Financing Mechanism (PRIOR TO MAP RECORDATION) — The applicant/developer or any successor in interest, shall participate in the establishment and funding of a public/private infrastructure financing mechanism including, but not limited to, a Community Facilities District, Infrastructure Financing District, Payment of Development Impact Fees, private loans or grants or other public and/or private funding mechanism(s). Evidence of financing the developer's share of the ultimate improvements Newport Road, Haun Road and La Piedra Road shall be demonstrated to the satisfaction of the City Engineer. 64. Landscape and Lighting Maintenance District (LLMD) (PRIOR TO MAP RECORDATION) The project proponent shall complete annexation into Landscaping and Lighting Maintenance District No. 89-1-Consolidated or other maintenance mechanism as approved by the City for maintenance of traffic signals within public road rights -of -way for the required traffic signal(s) and right of way landscaping. The applicant shall submit to the City or its designee, the Transportation Department L&LMD Administrator the following: a. Completed LLMD annexation application b. (2)Sets of street lighting plans, landscape plans, and street plans approved by Engineering Department. c. Appropriate fees for annexation. d. "Streetlight Authorization" form from SCE, IID or other electric provider. PRIOR TO GRADING PERMIT ISSUANCE: 65. No Grading Permits (PRIOR TO GRADING) — Tentative Parcel Map 36299 is a Schedule E land subdivision. No grading permits are being issued pursuant to this land division. A separate rough grading plan shall be submitted and approved by the Engineering Department to obtain a grading permit. 66. Drainage Facilities (PRIOR TO GRADING) — Onsite drainage facilities/water quality features located outside of road right of way shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". 67. 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. 68. On Site Circulation (PRIOR TO GRADING) — Any development as part of this land division applying for planning approval or grading permit shall submit an overall circulation plan. 69. Grading (PRIOR TO GRADING) — 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. 70. Site Drainage (PRIOR TO GRADING) - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils 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. 71. Geotechnical and Soils Reports (PRIOR TO GRADING) - All grading shall be done in conformance with the recommendations of the included geotechnical/soils reports and under the general direction of a licensed geotechnical engineer. Geotechnical/soils reports shall be submitted to the City Engineering Department for approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City. The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the Riverside County Geotechnical Guidelines for Review of Geotechnical and Geologic Reports. A pregrading meeting, certifications, approvals and inspection procedures will be implemented per the City Building and Safety Grading Inspection process. 72. Grading Bonds (PRIOR TO GRADING) — Grading in excess of 199 cubic yards will require performance security to be posted with the City Engineering Department. 73. Import/Export (PRIOR TO GRADING) —In instances where a grading plan involves import or export of soil from outside the boundary of the Town Center Specific Plan, the applicant shall have obtained approval for the import/export location from the City Engineering Department. Additional CEQA analysis will not be required if such import/export has been analyzed in the EIR. Soil movement is within the boundary of the Town Center Specific Plan and EIR, shall not be considered import/export and shall not be be subject to a new Environmental Assessment because the EIR analyzed such soil movement for balance and grading purposes as part of the construction program. If any soil movement requires the use of a public road that is fully improved and accepted by the City and, a haul route must be submitted and approved by the Engineering department prior to issuance of the grading 74. Offsite Grading Easements (PRIOR TO GRADING) — It is the sole responsibility of the applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. A notarized agreement and recorded documents shall be submitted to the Engineering Department. 75. Perpetual Drainage Patterns (PRIOR To GRADING) — 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. 76. Water Mains and Hydrants (PRIOR To GRADING) — 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. 77. Final Water Quality Management Plan (PRIOR TO GRADING) - A Final WQMP shall be submitted for review and approval by the City Engineering Department for all ongoing drainage facilities and maintenance. The Final WQMP shall conform to the latest requirements set forth by the Regional Water Quality Control Board, order R8-2010- 0033. 78. Storm Water Pollution Prevention Plan (SWPPP) (PRIOR To GRADING) This project will disturb one (1) or more acres or is part of a larger project that will disturb one (1) or more acres. Prior to issuance of any grading or construction permits - whichever comes first, the applicant is required to comply with the State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES No. CAS000002) for the National Pollutant Discharge Elimination System Construction General. Clearance for grading shall not be given until the City Engineering Department has determined that the project applicant has complied with such Order. A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the City Engineering Department for review prior to being certified by the legal responsible person in the SMARTS system. Upon approval from the City and after certification by the legally responsible person (LRP) in SMARTS, a copy of the WDID letter from the Board will be provided to the City. 79. Water Quality Management Plan (WQMP) (PRIOR TO GRADING) The Final WQMP shall be submitted to the City for review and approval for all ongoing drainage facilities and maintenance. The Final WQMP shall conform to the latest requirements set forth by the Regional Water Quality Control Board. All BMP features shall be shown on the grading plans. LOW IMPACT DEVELOPMENT - The project shall incorporate structural LID practices for the site in consideration of the site's land use, hydrology, soil type, climate and rainfall patterns. . Frequently used LID practices include: a. Bioretention cells, also known as rain gardens b. Cisterns and rain barrels c. Green roofs d. Pervious concrete, also called "porous pavement", similar to permeable paving e. Grassed swales, also known as bioswales. f. On -site infiltration TRASH ENCLOSURES — Trash enclosures shall meet new storm water quality standards. They shall be designed to have a solid impermeable roof and concrete slab floor. The roof shall have a minimum clearance height of at least 9 feet to allow the bin lid to completely open. The concrete slab shall be graded to contain any spill within the enclosure. The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. Rain water or wastewater runoff from trash enclosure is prohibited. An alternate drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed if approved by EMWD. BMPS FOR SECONDARY ACCESS - This project proposes BMP facilities that shall be modified to work with secondary access improvements. It is the responsibility of the applicant to construct the necessary interim drainage facilities for performance to the satisfaction of the City Engineer to be in compliance with order R8-2010-0033 and subsequent revision adopted by the Board. Interim BMPs shall be maintained by the project applicant. Only BMPs adjacent to roads with ultimate improvements and that do not need to be retrofitted shall be allowed to be maintained by public agency or commercial property owner association. BMP MAINTENANCE - This project proposes BMP facilities that will require maintenance by public agency or commercial property owner association. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the City will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMPs in perpetuity. 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. BMP INSPECTIONS - 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. 80. Slope Erosion Control Plan (PRIOR TO GRADING) - Erosion control and 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. 81. 2:1 Maximum Slope (PRIOR To GRADING) - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 82. Sewer Lines (PRIOR TO GRADING) — 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 460/461 and Eastern Municipal Water District standards. PRIOR TO BUILDING PERMIT ISSUANCE: 83. Traffic Signal Mitigation Program (PRIOR TO BLDG PERMIT)— The applicant shall participate in the Traffic Signal Mitigation Program as approved by the City Council. 84. No Building Permits (PRIOR TO BLDG PERMIT) — TPM36299 is for a Schedule E land division. No building permits shall be issued pursuant to this land division. 85. Flood Hazard Report (PRIOR TO BLDG PERMIT) — 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. 86. No Grading or Building Permits (PRIOR TO BLDG PERMIT)— Unless otherwise approved by the Riverside County Flood Control and Water Conservation District (RCFC&WCD), no grading or building permits for Parcel Map 36299 shall be issued prior to RCFC&WCD approval of improvement plans for any land use case for this site. PRIOR TO CERTIFICATE OF OCCUPANCY 87. Street Improvements (PRIOR TO OCCUPANCY) - All roads shall be improved, per the recommended General Plan designation, Town Center Specific Plan latest amendment 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 between the right-of-way and the street curbs, not including the sidewalk/trail shall be landscaped, irrigated and maintained by the L&LMD or proposed association in accordance with those requirements. All streets shall comply with the Fire Department requirements. The study indicates that the project's impacts shall be mitigated at certain intersections. 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. 88. Street Lights Install (PRIOR To OCCUPANCY) — Install streetlights along the streets associated with development in accordance with the approved street lighting plan and standards of County Ordinance 460 and 461. For projects within Imperial Irrigation District (IID) use (IID's) pole standard. Streetlight annexation into L&LMD or similar mechanism as approved by the Transportation Department shall be completed. It shall be the responsibility of the Developer to ensure that streetlights are energized along the streets of those lots where the Developer is seeking Building Final Inspection (Occupancy). 89. Newport Road Street Improvements (PRIOR TO OCCUPANCY) Newport Road is an Urban Arterial Highway. It shall be constructed per Std. No. 91 (modified) per this condition with 62'-69' of improvements on the south side of the roadway. The improvements shall be 8" curb and gutter, 14'-21' raised landscaped median, 21' landscaped parkway, and an offset 8' concrete multipurpose trail on the south side. Existing pavement from the western property right-of-way to the western curb in Haun Road shall be milled 1.50 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 and traffic loops, 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 signed "NO STOPPING ANY TIME" R26(S)(CA). Any curb return on Newport Road shall have a minimum radius of 35'. The Newport Road improvements along the frontage of lot 16 shall be constructed if a traffic signal at Newport Road and Sherman Road is required. 90. Sherman Road Street Improvements for Secondary Access (PRIOR TO OCCUPANCY) With the exception of the segment between "A" Street and Newport Road that will be constructed to full width, some segments of Sherman Road between La Piedra Road and Newport Road may serve as a secondary road for phases 2 through 7. The first three developed phases shall be allowed to use the secondary access road in compliance with the condition titled "Secondary Access Minimum Improvements and R/W". After the recordation of third phase (regardless of phase number) Sherman Road between La Piedra Road and Newport Road shall be constructed with ultimate improvements as described in the following conditions prior to the recordation of any subsequent phase. 91. Sherman Road Street Improvements (PRIORTOOCCUPANCY) Sherman Road shall be signed "NO STOPPING ANY TIME" R26(S)(CA). Sherman Road shall be constructed with the following improvements: La Piedra Road to "A" Street, 86' right-of-way 15' Landscaped parkway with 6' offset sidewalk, 56' of improvements including 16' raised landscaped median and 20' of curb to curb improvements on each side of the median. "A" Street to Newport Road, 92'-98' right-of-way 15' Landscaped parkway with 6' offset sidewalk, 4'-16' raised landscaped median, and 46' to 64' improvements. Roundabout The roundabout improvements shall be per the approved roundabout report that will be submitted prior to street improvement plans submittal per these conditions of approval. 92. La Piedra Road Street Improvements for Secondary Access (PRIOR TO OCCUPANCY) With the exception of the Phase Number 6 of the Tentative Parcel Map, the first four developed phases will be allowed to construct it as a secondary access in compliance with the condition titled "Secondary Access Minimum Improvements and R/W" in this document . After the recordation of fourth phase (regardless of phase number) La Piedra Road Road between Sherman Road and Haun shall be constructed with ultimate improvements as described in the following conditions prior to the recordation of any subsequent phase. 93. La Piedra Road Street Improvements (PRIOR TO OCCUPANCY) La Piedra Road shall be signed "NO STOPPING ANY TIME" R26(S)(CA). After development of the fourth phase, or with phase number 6 of the Tentative Parcel Map, La Piedra Road shall be a Secondary Highway in accordance with Standard No. 94 modified per this condition. The improvements shall be: • North of the center line: 32' pavement with one 12' and one 20' travel lanes, 6" curb and gutter, 18' landscaped parkway with offset 6' wide concrete sidewalk. • South of the center line: one paved 12' travel lane and 8' shoulder. Transition to full width improvements shall be provided at the intersections with Stern Drive, Sherman Road and Haun Road. The existing driveway to properties along this segment of La Piedra Road shall be graded and paved to match grade of proposed road. 94. Intersection of Newport Road and Sherman Road/Avenida de Cortez (PRIOR TO OCCUPANCY) Project applicant shall construct the following intersection geometrics: • Northbound: One left turn lane, One shared through/left/right lane, One right turn lane • Southbound: One left turn lane, One shared through/right turn lane • Eastbound: One left turn lane, Three through lanes • Westbound: Two left turn lanes, Three through lanes 95. Intersection of Newport Road and Haun Road (PRIOR TO OCCUPANCY) The existing intersection geometrics shall not change from the current condition and is as described below: • Northbound: One through lane, Two left turn lanes, Two right turn lanes • Southbound: One through lane, Two left turn lanes, One right turn lane • Eastbound: Three through lanes, Two left turn lanes, One right turn lane • Westbound: Two through lanes, One shared through/right turn lane, Two left turn lanes 96. Intersection of Newport Road and Future Commercial Driveway/Calle Tomas (PRIOR TO OCCUPANCY) Project applicant shall construct the following intersection geometrics: • Northbound: One through, One left turn lane, One right turn lane unless otherwise shown by the final project traffic study • Southbound: One left turn lane, One shared through/right turn lane • Eastbound: One left turn lane, Three through lanes • Westbound: Three through lanes, One left turn lane 97. Intersection of Sherman Road and La Piedra Road (PRIORTOOCCUPANCY) Project applicant shall construct the following intersection geometrics: • Northbound: One shared through/right turn lane, One left turn lane • Southbound: One shared through/right turn lane, One left turn lane • Eastbound: One shared right through lane, One left turn lane • Westbound: One through lane, One shared right through lane, One left turn lane 98. Right of Way Landscape (PRIORTOOCCUPANCY)— Right of way landscaping shall be installed per an approved plan including best management practices identified in the water quality management plan. 99. Advanced Street Name Sign (PRIOR To OCCUPANCY) - "Haun Road" and "Sherman Road" advance street name signs shall be installed on Newport Road in the raised median preceding each intersection as approved on the Street Improvement Plans. 100. Traffic Signals Installation (PRIOR TO OCCUPANCY) — Prior to certificate of occupancy of the corresponding phase, the applicant shall be responsible for the construction and installation of the proposed or modified traffic signals per City Specifications and Special Provisions at the intersections of: Prior to Certificate of Occupancy of Phase 1 Haun Road and Marketplace Dr. / Village Road, North Driveway (modify) Haun Road and Countryside Market Place, South Driveway (modify) Prior to Certificate of Occupancy of all Phases except Phase 1 Newport Road and Sherman Road / Avenida De Cortez (new) Prior to Certificate of Occupancy of Phase 3 Newport Road and Calle Tomas / Future Commercial Driveway (new) As determined by a Traffic Study Sherman Road and La Piedra Road (new) As determined by a Traffic Study The Newport Road improvements along the frontage of lot 16 shall be constructed when the traffic signal at Newport Road and Sherman Road is required. 101. Street Improvements (PRIOR TO OCCUPANCY) — Prior to final inspection for certificate of occupancy for any building within a given phase of the project, the street improvements corresponding to such phase shall be constructed to the satisfaction of the City Engineer. 102. Paving Inspections (PRIOR TO OCCUPANCY) - 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. 103. Dry Utility Installations (PRIOR TO OCCUPANCY) - 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. The high voltage transmission power lines along the project frontage on Newport Road shall be relocated to the approved location in the ultimate parkway. The applicant is responsible for all costs associated with the relocation design and construction of the power lines and poles. 104. Phase 1 (PRIOR TO OCCUPANCY) — Prior to any occupancy in Phase 1, the following transportation conditions shall apply: • Newport Road is currently improved for ultimate improvements for the use of public streets and utility purposes. • Haun Road is currently improved for ultimate improvements for the use of public streets and utility purposes. • A new driveway on Haun Road shall be constructed to align with the existing commercial driveway (Countryside Marketplace) on the east side of Haun Road. • Modify traffic signals at Haun Road and Marketplace Dr. / Village Road, North Driveway and Haun Road and Countryside Market Place, South Driveway. 105. Phase 2 (PRIOR TO OCCUPANCY) — Prior to any occupancy in Phase 2, the following transportation conditions shall apply: • Along Phase 2 frontage, Newport Road shall be constructed in compliance with the condition titled "Newport Road Street Improvements" in this document. • Along Phase 2 frontage, Sherman Road shall be constructed with 56' curb to curb of improvements, 16' raised and landscaped median, 15' parkway with 8' right-of-way adjacent sidewalk on the east side to the satisfaction of the City Engineer and in accordance with Standard No. 103 (modified) per this condition. The parkway and sidewalk shall be improved on the west side fronting Parcel 12. Additional dedication at the intersection of Newport Road may be required if warranted. • "A" Street shall be constructed with 40' curb to curb of improvements, 10' parkway with 5' right-of-way adjacent sidewalk along south side in accordance with Standard No. 105, Section "C" (sheet 2 of 2). • Along Phase 2 frontage, "B" Street shall be constructed with 40' curb to curb of improvements, 10' parkway with 5' right-of-way adjacent sidewalk along the east side in accordance with Standard No. 105, Section "C" (sheet 2 of 2). • "C" Street shall be constructed with 40' curb to curb of improvements, 10' parkway with 5' right-of-way adjacent sidewalk along north side in accordance with Standard No. 105, Section "C" (sheet 2 of 2). • Secondary access shall be provided on Sherman Road from the southern frontage to La Piedra Road and on La Piedra Road from Sherman Road to Haun Road. The secondary access road shall comply with the condition titled "Secondary Access Minimum Improvements and R/W" in this document. • A traffic signal at the intersection of Newport Road and Sherman Road shall be installed. • A traffic signal at the intersection of La Piedra Road and Sherman Road shall be installed if warranted by the cumulative traffic study as required per the condition titled "Traffic Signals Design" in this document . 106. Phase 3 (PRIOR TO OCCUPANCY) — Prior to any occupancy in Phase 3, the following transportation conditions shall apply: • Along Phase 3 frontage, Newport Road shall be constructed in compliance with the condition titled "Newport Road Street Improvements" in this document. • "A" Street shall be constructed with 40' curb to curb of improvements, 10' parkway with 5' right-of-way adjacent sidewalk along north side in accordance with Standard No. 105, Section "C" (sheet 2 of 2). • Along Phase 3 frontage, "B" Street shall be constructed with 40' curb to curb of improvements, 10' parkway with 5' right-of-way adjacent sidewalk along the west side in accordance with Standard No. 105, Section "C" (sheet 2 of 2). • Primary access shall be provided on Sherman Road from Newport Road to "A" Street. Sherman Road shall be constructed with 62' to 68' curb to curb of improvements, 16' raised and landscaped median, 15' parkway with 6' wide right-of-way adjacent sidewalk on the west side to the satisfaction of the City Engineer and in accordance with Standard No. 103 (modified) per this condition. • Secondary access shall be provided on "B" Street from the southern frontage to "C" Street, on "C" Street from "B" Street to Sherman Road, on Sherman Road from the southern frontage to La Piedra Road, and on La Piedra Road from Sherman Road to Haun Road. The secondary access road shall comply with the condition titled "Secondary Access Minimum Improvements and R/W" in this document. • A traffic signal at the intersection of Newport Road and Sherman Road shall be installed. • A traffic signal at the intersection of Newport Road and Calle Tomas shall be installed. • A traffic signal at the intersection of La Piedra Road and Sherman Road shall be installed if warranted by the cumulative traffic study as required per the condition titled "Traffic Signals Design" in this document. • Downstream drainage facilities through phase 2 shall be constructed to the satisfaction of the maintaining agency. 107. Phase 4 (PRIOR TO OCCUPANCY) — Prior to any occupancy in Phase 4, the following transportation conditions shall apply: • Along Phase 4 frontage, Sherman Road shall be constructed in compliance with the condition titled "Sherman Road Street Improvements" in this document. But with parkway landscape and sidewalk on the .east side only. • Along Phase 4 frontage, "C" Street shall be constructed with 40' curb to curb of improvements, 10' parkway with 5' right-of-way adjacent sidewalk along the south side in accordance with Standard No. 105, Section "C" (sheet 2 of 2). • "D" Streets shall be constructed with 42' curb to curb of improvements, 10' parkway and 5' right-of-way adjacent sidewalk in the west side, and 11' sidewalk (full width of parkway) in the east side and in accordance with Standard No. 104, Section "A". • "E" Street shall be constructed with 40' curb to curb of improvements, 10' parkway, and 5' right-of-way adjacent sidewalk in accordance with Standard No. 105, Section "C" (sheet 2 of 2). • Primary access shall be provided on Sherman Road from the northern frontage to Newport Road. Sherman Road north of "A" Street shall be constructed with 62' to 68' curb to curb of improvements, 16' raised and landscaped median, 15' parkway with 8' right-of-way adjacent sidewalk on the west side to the satisfaction of the City Engineer and in accordance with Standard No. 103 (modified) per this condition. Secondary access shall be provided on Sherman Road from the southern frontage to La Piedra Road and on La Piedra Road from Sherman Road to Haun Road. The secondary access road shall comply with the condition titled "Secondary Access Minimum Improvements and RAN" in this document. A traffic signal at the intersection of Newport Road and Sherman Road shall be installed. • A traffic signal at the intersection of La Piedra Road and Sherman Road shall be installed if warranted by the cumulative traffic study as required per the condition titled "Traffic Signals Design" in this document. • Pedestrian Bridge shall be constructed in compliance with the Development Agreement and the condition titled "Pedestrian Bridge Plan" in this document. 108. Phase 5 (PRIOR TO OCCUPANCY) — Prior to any occupancy in Phase 5, the following transportation conditions shall apply: Along Phase 5 frontage, Sherman Road Sherman Road shall be constructed in compliance with the condition titled "Sherman Road Street Improvements" in this document. But with parkway landscape and sidewalk on the west side only. Along Phase 5 frontage, "B" Street shall be constructed with 40' curb to curb of improvements, 10' parkway with 5' right-of-way adjacent sidewalk along the east side in accordance with Standard No. 105, Section "C" (sheet 2 of 2). Along Phase 5 frontage, "C" Street shall be constructed with 40' curb to curb of improvements, 10' parkway with 5' right-of-way adjacent sidewalk along the south side in accordance with Standard No. 105, Section "C" (sheet 2 of 2). Primary access shall be provided on Sherman Road from the northern frontage to Newport Road. Sherman Road north of "A" Street shall be constructed with 62' to 68' curb to curb of improvements, 16' raised and landscaped median, 15' parkway with 8' right-of-way adjacent sidewalk on the east side to the satisfaction of the City Engineer and in accordance with Standard No. 103 (modified) per this condition. Secondary access shall be provided on Sherman Road from the southern frontage to La Piedra Road and on La Piedra Road from Sherman Road to Haun Road. The secondary access road shall comply with the condition titled "Secondary Access Minimum Improvements and R/W" in this document. A traffic signal at the intersection of Newport Road and Sherman Road shall be installed. A traffic signal at the intersection of La Piedra Road and Road and Sherman Road shall be installed if warranted by the cumulative traffic study as required per the condition titled "Traffic Signals Design" in this document. Downstream drainage facilities through phase 4 shall be constructed to the satisfaction of the maintaining agency. 109. Phase 6 (PRIOR TO OCCUPANCY) — Prior to any occupancy in Phase 6, the following transportation conditions shall apply: • Along Phase 6 frontage, La Piedra Road shall be constructed with 32' curb to centerline of improvements, 18' parkway with 5' right-of-way adjacent sidewalk on the north side to the satisfaction of the City Engineer and in accordance with Standard No. 94 (modified) per this condition. • Along Phase 6 frontage, Sherman Road shall be constructed in compliance with the condition titled "Sherman Road Street Improvements" in this document, but with parkway landscape and sidewalk on the east side only. • Secondary access shall be provided on Sherman Road from the northern frontage to Newport Road. The access shall be improved with 32' wide pavement. • A traffic signal at the intersection of Newport Road and Sherman Road shall be installed. • A traffic signal at the intersection of La Piedra Road and Sherman Road shall be installed if warranted by the cumulative traffic study as required per the condition titled "Traffic Signals Design" in this document. 110. Phase 7 (PRIOR TO OCCUPANCY) — Prior to any occupancy in Phase 7, the following transportation conditions shall apply: • Along Phase 7 frontage, La Piedra Road shall be constructed with 44' of improvements, 8' shoulder on the south side of the center line, 18' parkway with 5' wide offset sidewalk on the north side to the satisfaction of the City Engineer and in accordance with Standard No. 94 (modified) per this condition. • Along Phase 7 frontage, Sherman Road shall be constructed in compliance with the condition titled "Sherman Road Street Improvements" in this document. But with parkway landscape and sidewalk on the west side only. • Along Phase 7 frontage, "B" Street shall be constructed with 40' curb to curb of improvements, 10' parkway with 5' right-of-way adjacent sidewalk along the west side in accordance with Standard No. 105, Section "C" (sheet 2 of 2). The eastern parkway and sidewalk shall be improved along Parcel 9 frontage. • Access shall be provided on La Piedra Road from Sherman Road to Haun Road. Secondary access shall be provided on "C" Street from "B" Street to Sherman Road and on Sherman Road from the northern frontage to Newport Road. The access shall be improved with 32' wide pavement. • A traffic signal at the intersection of Newport Road and Sherman Road shall be installed. • A traffic signal at the intersection of La Piedra Road and Sherman Road shall be installed if warranted by the cumulative traffic study as required per the condition titled "Traffic Signals Design" in this document. • Downstream drainage facilities through phase 2 and 4 shall be constructed to the satisfaction of the maintaining agency. 111. Fees (PRIOR TO OCCUPANCY) — Applicant shall pay fees as applicable into the regional transportation funding programs for off -site improvements. The regional transportation funding programs include the Transportation Uniform Mitigation Fee (TUMF), the Traffic Signal Mitigation Fees, the Development Impact Fees (DIF), and the Road and Bridge Benefit District (RBBD) Fee for Menifee Valley Zone C. 112. BMP Installation (PRIOR TO OCCUPANCY) — Prior to final occupancy or within twelve months of project approval for any individual parcel, whichever occurs first, all structural BMPs described in the project -specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project -specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project exceeding 80% of the project area prior to the completion of these tasks 113. BMP Education (PRIOR TO OCCUPANCY) — The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of storm water quality to all initial users. The developer may obtain NPDES Public Educational Program materials from the Riverside County Flood Control District's NPDES Section by either the District's website www.floodcontrol.Co. riverside. ca. us, e-mail fcnpdes@co.riverside. ca. us, or the toll free number 1-800-506-2555. Please provide Project number, number of units and location of development. Note that there is a five-day minimum processing period requested for all orders. The developer must provide to the Engineering Department a notarized affidavit stating that the distribution of educational materials to the tenants is assured prior to the issuance of occupancy permits or within twelve months of Project approval, whichever occurs first. Section IV: Riverside Countv Flood Control District Conditions of Approval GENERAL CONDITIONS: General Description. Parcel Map 36299 (previously Parcel Map 2010-108) is a proposal to subdivide approximately 170.15 gross acres into 34 parcels ranging in lot size from 0.95 acres to 9.37 acres. The site is located on the southwest corner of Newport Road and Haun Road in the City of Menifee. As a result of Paloma Channel - Stage 2, which includes a basin (Project No. 4-0-00111) constructed as part of CUP 3475, a Letter of Map Revision (LOMR), dated April 30, 2012, was obtained from FEMA (Case No. 12-09-0462P) revising the flood zone designation to Zone X. However, an area to the north of Holland Road still drains to the site in a sheet flow manner. The exhibit shows an interim channel and offsite drainage system to collect the tributary offsite flows and discharge them into Paloma Channel. The submittal reflects the general drainage for the development and meets the minimum requirements for the entitlement phase of this project. However, additional details will be required at the time improvement plans are submitted. The project would result in a minimum of 10,000 square feet of impervious area at build out, therefore a final project specific Water Quality Management Plan (WQMP) shall be prepared consistent with the MS4 permit in effect at the time permits are issued. 2. WQMP. In compliance with Santa Ana Region and San Diego Region Regional Water Quality Control Board Orders, and beginning January 1, 2005, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post -development water quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana, Santa Margarita or Whitewater River watersheds). The WQMP provides detailed guidelines and templates to assist the developer in completing the necessary studies. These documents are available on-line at: www.rcflood.org under Programs and Services, Stormwater Quality. To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to a) identify potential post -project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post -development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. The developer has submitted a report that meets the criteria for a Preliminary Project Specific WQMP. The report will need to be revised to meet the requirements of a Final Project Specific WQMP. Also, it should be noted that if 401 certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. 3. Perpetuate Grading. The property's grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City for review and approval. 4. BMP Maintenance. 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. PRIOR TO RECORDATION 5. Offsite Drainage. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner. Documents shall be recorded and a copy submitted to the City prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 6. ECS Note. A note shall be placed on environmental constraint sheet stating "A final project specific WQMP shall be prepared by each development consistent with the MS4 permit in effect at the time permits are issued." 7. Improvement Plans. A copy of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City for review. The plans must receive City approval prior to issuance of map recordation. All submittals shall be date stamped by the engineer and include the appropriate plan check fee deposit. PRIOR TO GRADING PERMIT 8. Temporary Erosion Control. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the City for review. 9. Improvement Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City for review. The plans must receive City approval prior to the issuance of grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check fee deposit. 10. Encroachment Permit. An encroachment permit shall be obtained for any work within the District right-of-way or within District facilities. The encroachment permit application shall be processed and approved concurrently with the improvement plans. 11. Phases. If the development is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows. 12. Maintenance of Facilities. Inspection and maintenance of the flood control facility/ies that are to be constructed with this development must be performed by either the County Transportation Department or the Flood Control District. THE Conditions of Approval PM36299 (Planning Application No. 2010-108) 46 of 54 APPLICANT OR AN AUTHORIZED REPRESENTATIVE MUST REQUEST IN WRITING THAT ONE OF THESE AGENCIES ACCEPT THE PROPOSED SYSTEM FOR OWNERSHIP, OPERATION AND MAINTENANCE. The Applicant's request shall note the project number, location, briefly describe the system (sizes and lengths) and include an exhibit that shows the proposed alignment. The request to the District shall be addressed to the General Manager - Chief Engineer, attention: Chief of the Planning Division. In the event the District is willing to maintain the proposed facility, the following six (6) items must be accomplished prior to the issuance of a grading permit or starting construction of the drainage facility: a. Plans shall be prepared in strict accordance with District drafting, engineering, operations and maintenance standards; b. The Applicant shall submit to the District the preliminary title reports, plats and legal descriptions for all right-of-way that is to be conveyed to the District and secure that right-of-way to the satisfaction of the District. All right-of-way transfer issues shall be coordinated with the District's Right - of -Way Section; c. The Applicant shall enter into an agreement establishing the terms and conditions of inspection, operation and maintenance with the District and any other maintenance partners. The Applicant shall submit a completed Application for Agreement Preparation to the attention of the District's Administrative Services Section; d. All regulatory permits (and all documents pertaining thereto, e.g., Habitat Mitigation and Monitoring Plans, Conservation Plans/Easements) that are to be secured by the Applicant shall be submitted to the District for review. The regulatory permits terms and conditions shall be approved by the District prior to improvement plan approval, map recordation or finalization of the regulatory permits; e. Plans for the facility must be signed by the District's General Manager - Chief Engineer (the plans will not be signed prior to execution of the above referenced agreement); and A pre -construction meeting shall be scheduled with the Contract Administration section of the District. Prior to scheduling the pre - construction meeting, the Applicant must submit proof of flood control facility bonds and a certificate of insurance to the District's Administrative Services Section. Refer to attached letter dated June 7, 2012 for more information regarding the requirements for the Flood Control Districts provisions for acceptance of facilities. 13. WQMP. A copy of the final project specific WQMP shall be submitted to the City for review and approval. Conditions of Approval PM36299 (Planning Application No. 2010-108) 47 of 54 Section V: Riverside County Fire Department Conditions of Approval Conditions of Approval PM36299 (Planning Application No. 2010-108) 48 of 54 General Conditions West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (11-MENI-PUP-165) is required on all correspondence. Additional information is available at our website: www.rvcfire.org or go to the link marked "Ordinance 787". Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886 2. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinance and/or recognize fire protection standards. 3. Retroreflective Pavement Markers. Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 4. Fire Flow. The water mains shall be capable of providing a potential fire flow of 4000 GPM and an actual fire flow available from any one hydrant shall be 2500 GPM for 2 hours duration at 20 PSI residual operating pressure. 5. Fire Hydrants. Super fire hydrant(s) (6"x4"x 2-2-1/2"), shall be located at each street not more than 350 feet apart in any direction„ with no portion of any lot frontage more than 210 feet from a fire hydrant. 6. Fire Facilities. All fire facilities required by the project shall be dedicated to the City of Menifee. Prior to Final Map 7. Water System Plans. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 8. ECS Note. ECS map must be stamped by the City of Menifee Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. Conditions of Approval PM36299 (Planning Application No. 2010-108) 49 of 54 Section VI: Riverside County Environmental Health Conditions of Approval Conditions of Approval PM36299 (Planning Application No. 2010-108) 50 of 54 General Conditions EMWD Service. All lots under the tentative parcel map are proposing Eastern Municipal Water District (EMWD) potable water and sanitary sewer service. Per the memorandum of Understanding between the County of Riverside and EMWD, no "will -serve" letters are required for projects located within their services area. It is the responsibility of the developer to ensure that all requirements to obtain water and sewer service for each lot are met with EMWD, as well as, all other applicable agencies. Any existing septic system(s) or wells must be properly removed or abandoned under permit with the Department of Environmental Health (DEH). 2. Retention Basins — No Vectors. All proposed retention basins must be constructed and maintained in a manner that prevents vector breeding and vector nuisances. Prior to Final Map 3. Water System. A water system shall have plans and specifications approved by the water company and the Department of Environmental Health. 4. Securities. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 5. Sewer System. A sewer system shall have mylar plans and specifications as approved by the District, the Engineering Department and the Department of Environmental Health. 6. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. Prior to Grading Permit Conditions 7. Wells. Two inactive agricultural water wells were identified in the previous assessment conducted at this property. These wells must be located and destroyed in accordance with State and County guidelines prior to grading permit issuance. Conditions of Approval PM36299 (Planning Application No. 2010-108) 51 of 54 Section VII: Riverside County Environmental Programs Department Conditions of Approval Conditions of Approval PM36299 (Planning Application No. 2010-108) 52 of 54 Prior to Grading Permit Issuance: 1. Prior to grading permit issuance, the applicant shall comply with the mitigation measures in the MMRP from the EIR (see attached). Conditions of Approval PM36299 (Planning Application No. 2010-108) 53 of 54 The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Name (please print) Date Title (please print). Conditions of Approval PM36299 (Planning Application No. 2010-108) 54 of 54