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PC12-128Resolution PC 12-128 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE RECOMMENDING APPROVAL OF THE REVISED TENTATIVE TRACT MAP NO. 2012-045 (TRACT MAP NO. 32277) FOR THE DIVISION OF ASSESSOR'S PARCEL NUMBER 372-080-031 INTO 359 RESIDENTIAL PARCELS RANGING FROM 6,000 TO 18,165 SQ. FT. AND EIGHT (8) PARCELS FOR OPEN SPACE, LANDSCAPING, AND DRAINAGE. Whereas, on March 19, 2012, the applicant, CV Communities, LLC, filed a formal application with the City of Menifee for Revised Tentative Tract Map No. 2012- 045 (Tract Map No. 32277) (the "Project") to divide Assessor's Parcel Number (APN #) 372-080-031 into 359 parcels for residential use ranging from 6,000 to 18,165 sq. ft. and seventeen (17) parcels for open space, landscaping, and drainage; and, Whereas, a duly noted notice of public hearing was posted in UT the Californian on November 30, 2012 in addition, a notice was mailed to the surrounding property owners within 300 feet; and, Whereas, on December 11, 2012 the Planning Commission held a duly noticed public hearing on the Project, considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, notice to property owners within 300 feet of the Project boundaries; and Whereas, on December 11, 2012 the Planning Commission found the following: 1. Consistency with the General Plan. The tentative tract map is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The General Plan land use of the site is Medium Density Residential (MDR) and Rural Residential within the Community Development Foundation. The MDR land category allows for single-family detached and attached residences with a density range of 2 to 5 dwelling units per acre. Limited agriculture and animal keeping is permitted, however, intensive animal keeping is discouraged. Lot sizes range from 5,500 to 20,000 sq. ft. The project proposes residential lots ranging in size from 6,000 sq. ft. to 18,165 sq. ft. within the area designated MDR. The project is consistent with the intent of this land use designation. Surrounding General Plan land use designations are Medium Density Residential (MDR) (2-5 dwelling units per acre) to the north, Medium Density Residential, Rural Residential (RR) (5 acre minimum), and Rural Community: Very Low Density (RC:VLDR) (1 acre minimum) to the south, Estate Density Residential (EDR) (2 Acre Minimum) (within Riverside County jurisdiction) to the east, and Medium Density Residential and Rural Residential (RR). The project is compatible with the surrounding General Plan land uses. The future proposed General Plan land use designations for the property are 2.1-5 Dwelling Units/Acre Residential (2.1-5R) and Conservation (OS-C). The 2.1-5R land use designation allows for single-family detached and attached residences with a density range of 2 to 5 dwelling units per acre. Limited agriculture and animal keeping is permitted, however, intensive Resolution No. 12-128 Revised Tentative Tract Map No. 2012-045 (Menifee Heights) Page 2 of 5 animal keeping is discouraged. The intent of the OS-C land use designation is to protect open space for natural hazard protection and natural and scenic resource preservation. Existing agriculture is also permitted within this land use. The project proposes residential lots ranging in size from 6,000 sq. ft. to 18,165 sq. ft. within the area to be designated as 2.1-5R and an open space lot within the area to be designated as OS-C. Therefore, the project is consistent with the existing General Plan land use and there is a reasonable expectation 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 Multiple Species Habitat Conservation Plan (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 (SKR) Fee Area. While the proposed project is located within the boundaries of the Western Riverside County MSHCP, the project is not located with a Criteria Cell or Cell Group. The project will be subject to the payment of fees for a residential 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 Planned Residential (R-4) and Open Space Combining Zone - Residential Developments (R-5) pursuant to approved Change of Zone No. 6949 (Ordinance No. 348.4611). The project proposes to subdivide the property consistent with the R-4 and R- 5 boundaries. Typical uses allowed under the R-4 zone include one -family dwellings. A minimum of 6,000 sq. ft. overall area per dwelling unit is allowed (exclusive of streets and commercial areas) in this zone. The project proposes residential lots ranging in size from 6,000 sq. ft. to 18,165 sq. ft. within the area classified as R-4. The R-5 zone does not permit residential construction. With plot plan approval, the following typical uses are allowed in the R-5 zone: golf courses, clubhouses, and appurtenant facilities, noncommercial community association, recreation and assembly buildings, lakes and picnic grounds, and cemeteries. The project proposes open space lots and a recreational park within the area classified as R-5. As a standard condition of approval, a Plot Plan will be required for the design and construction of the central park Resolution No. 12-128 Revised Tentative Tract Map No. 2012-045 (Menifee Heights) Page 3 of 5 area zoned as R-5. The project is, therefore, consistent with the zoning and development standards for zones R-4 and R-5 as prescribed in Ordinance No. 348 (Zoning Code). Surrounding zoning includes Planned Residential — 6,000 Sq. Ft. Minimum (R-4-6,000)to the north, Light Agricultural — 2'/z Acre Minimum (A-1-2'/2) and — 5 Acre Minimum (A-1-5) to the south, and Light Agricultural — 5 Acre Minimum (within Riverside County's jurisdiction) to the east, and One Family Dwellings (R-1), Open Space Combining Zone — Residential Developments (R-5), and Light Agricultural — 5 Acre Minimum to the west. The project is a subdivision of the project site consistent with the existing R-4 and R-5 zones. The project is compatible with the surrounding zoning classifications. 3. Consistency with Ordinance 460 Regulating the Division of Land. The subdivision is a Schedule A subdivision of 158.75 gross acres. A Schedule A tract map is defined as any division of land into 5 or more parcels, where any parcel is less than 18,000 square feet in net area. 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 A 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 Holland Road and an approved tentative tract map (Nautical Cove) to the north, large rural estate properties land to the south with intensive animal keeping (e.g., horses and kennels), Briggs Road and agricultural land to the east, and residential development and vacant land to the west. The project is a subdivision of a 158.75-acre project site. The proposed residential lots are largely buffered from the land to the west by the existing hills. In addition, the residential development to the west includes similarly sized single-family residential lots. The project site is also buffered from the large -lot rural estate properties to the south by a 65-foot open space lot which includes a proposed recreational trail, 10 feet wider than the previously approved 50-foot-wide open space lot. To the north is vacant land; however, a tentative tract map (Tentative Tract Map No. 31229) was approved by the City of Menifee on November 16, 2010. This Tentative Tract Map proposes to subdivide 77.15 acres into 239 single- family residential lots with a minimum lot size of 6,000 sq ft. Therefore, this land to the north would be development with a similar use and intensity as relative to the proposed project. Resolution No. 12-128 Revised Tentative Tract Map No. 2012-045 (Menifee Heights) Page 4 of 5 To the east is agricultural land further to the east. The project site is separated by Briggs Road and a 15' community trail. The proposed residential lots are further set back from the public right-of-way by a heavy landscaped slope. In addition, the applicant is required to submit a detailed proposal for the notification of all purchasers of dwelling units of the existence of dairies and/or other agricultural uses within the vicinity of the project site. Thus, 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. The environmental impacts associated with development of the project site were addressed in the previously adopted Tentative Tract Map No. 32277 Environmental Assessment (EA#39499). The proposed Revised Tentative Tract Map No. 2012-045 would not result in any new significant impacts and would not increase the severity of the previously identified significant impacts. Thus, the proposed Revised Map does not constitute "substantial changes" that would require "major revisions" to the EA due to new or increased impacts (refer to Section 15162 [a][1]). Additionally, the "circumstances under which the project" would be undertaken are not substantially different than described in the EA (refer to Section 15162[a][2]). Further, the proposed Revised Map does not represent "new information of substantial importance" that would result in new or greater impacts not discussed in the EA. For these reasons, a subsequent EA to address this new information is not required. Section 15164 of the CEQA Statute and Guidelines provides the authority for preparing an addendum to a previously certified EIR or adopted negative declaration. Specifically, Section 15164 states the following: (a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision -making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an Resolution No. 12-128 Revised Tentative Tract Map No. 2012-045 (Menifee Heights) Page 5 of 5 addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. Because the proposed Revised Map does not meet the conditions described in Section 15162 of the CEQA Statute and Guidelines, the City determined that an addendum to the previously adopted mitigated negative declaration is the appropriate documentation to address the proposed Revised Map. The environmental analysis presented in the addendum to the EA demonstrates that the proposed Revised Map will not create new or greater significant environmental impacts than those identified in the previously adopted mitigated negative declaration. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct. 2. The Planning Commission recommends that the City Council adopt Addendum to the Environmental Assessment No. 39499 for Revised Tentative Tract Map No. 2012-045. 3. The Planning Commission recommends that the City Council approve Revised Tentative Tract Map No. 2012-045, subject to the attached Conditions of Approval. PASSED, APPROVED AND ADOPTED this Attest: nnifer Allen, Planning Commission Secretary Approved zs4o Form: Josep#�fj . Fletchel\City Attorney 11th day of December, 2012. C� Bill Zimme C airman '41 Scott A. Mann Mayor Wallace W. Edgerton Deputy Mayor John V. Denver Councilmember Thomas Fuhrman Councilmember Greg August Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofmenifee.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. PC12-128 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 111h day of December, 2012 by the following vote: Ayes: Liesemeyer, Matelko, Warren, Zimmerman Noes: Thomas Absent: None Abstain: None Jenni r Allen, Planning Commission Secretary EXHIBIT 441" Conditions of Approval for Revised Tentative Tract Map No. 32277 (City of Menifee Planning Application - Revised Tentative Tract Map No. 2012-045) for a Residential Subdivision of 158.75 acres into 376 Parcels (359 Dwelling Units) 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 VII: Riverside County Environmental Programs Department Conditions of Approval Section I: Conditions Applicable to all Departments General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Revised Tentative Tract Map No. 2012-045 shall be henceforth defined as follows: TENTATIVE MAP = Revised Tentative Tract Map No. 2012-045, Amended No. 3, dated September 18, 2012. FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. EXHIBIT D = Design Guidelines for Revised Tentative Tract Map No. 2012- 045, Amended No. 3, dated November 7, 2012. EXHIBIT L = Landscaping Plans for Revised Tentative Tract Map No. 2012- 045, Amended No. 3, dated November 7, 2012. 2. Project Description of Revised Tentative Tract Map No. 2012-045. The land division hereby permitted is for a revision to the County -approved Tentative Tract Map No. 32277. The revised tentative tract map proposes a Schedule A subdivision of 158.75 acres into 359 residential lots ranging in size from 6,000 to 18,165 sq. ft. The revised map proposes a reduction in the size of the lots along the eastern and southern boundaries of the tract. The revised map proposes the removal of a large basin previously proposed in the northern portion of the site and to replace it with three smaller basins in the same general location along Holland Road. Under this revised map, the street and lot layout will be reconfigured for the lots in the northern and southeastern portion of the tract. The park will be reduced in size from 10.22 to 9.97 acres due to more detailed engineering design (the overall function of the park has not changed). A paseo will also be removed due to the steep slope that was originally proposed. The number of lots for open space, landscaping and drainage has increased to 17 lots. The revised tentative map includes a 15-foot multi -purpose trail along Holland and Briggs Road and seventeen (17) open space lots for landscaping open space and drainage: one (1) central park, four (4) lots for water quality basins, eight (8) lots for perimeter and main entryway landscaping, two (2) lots for drainage, one (1) lot for trails (along the southerly project boundary), one (1) 39.18-acre hillside open space lot in the southwesterly portion of the site. The Revised Tract Map is divided into three sub -areas: Lot sizes by area are as follows: ■ Area A (118 Lots) — 6,000 s.f. minimum to 17,325 s.f. maximum ■ Area B (120 Lots) — 6,500 s.f. minimum to 14,270 s.f. maximum ■ Area C (121 Lots) — 7,000 s.f. minimum to 18,165 s.f. maximum 3. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Revised Tentative Tract Map or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Addendum to the Environmental Assessment No. 39499 and Revised Tentative Tract Map No. 2012-045. 4. 90 Days to Protest. The land divider has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 5. 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. The developer understands and agrees to pay such fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. 6. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan (attached). 7. Expiration Date. The expiration date of Tentative Tract Map No. 32277 and Revised Tentative Tract Map No. 2012-045 is September 16, 2015 due to automatic State extensions that have extended the life of the map. Note that while action on a revised map annuls approval of the previous map, the action on the revised map does not extend the time limits within which the final map may be filed beyond the limits of the previous map. The applicant may apply for five (5) one-year future discretionary time extensions according to the most - recent California Subdivision Map Act and City Ordinance No. 460, which could potentially extend the life of the map to September 16, 2020. Any future extensions are not automatic — the property owner/applicant must apply for the extension at least 30 days prior to the expiration date. 4 SecUoon Duo Han or�c�1 CondRo'ons ofQpprova� General Conditions Comply with Geologic Report. The developer shall comply with the recommendations of the Geologic Report. County Geologic Report (GEO) No. 2299 was prepared for this project (RTR 2012-045) by Alta California Geotechnical Inc., and is entitled: "Geotechnical Investigation, Menifee Heights Project, City of Menifee, California", dated February 22, 2012. GEO No. 2299 concluded: 1. Active faults are not present onsite and no regional evidence provided by USGS, CGS or the County of Riverside suggests that active faults exist on the interior of the Perris block. 2. The probability of primary surface fault rupture or deformation at the site is considered unlikely. 3. The Menifee Heights project has a very low potential for liquefaction. 4. The potential for dry sand settlement to occur onsite is considered low. 5. Seismically induced landsliding is not anticipated to pose a danger to the site. 6. Fill slopes designed at a slope of 2:1 (horizontal to vertical) up to 15 feet high and cut slopes designed at a slope ratio of 2:1 (horizontal to vertical) up to 40 feet high are expected to be grossly stable as designed. 7. The Menifee Heights project is likely vulnerable to inundation from a seiche originating from the Diamond Valley Reservoir. The Menifee Heights project is unlikely to be inundated from a seiche originating from Lake Skinner. 8. The Menifee Heights project is not located within the State of California Tsunami Inundation Zone due to the considerable distance from the coastline. 9. Blasting will be required to achieve design grades and the recommended undercuts. 10. Significant amounts of over -sized rock (>8-inches) will be generated in the bedrock cuts and in over -excavations in pads and streets within the bedrocks. GEO No. 2299 recommended: 1. During grading, areas should be observed in order to verify post -graded stable conditions (slopes). 2. Over -sized rock and crushed concrete may be incorporated into the compacted fill section base on the recommendation presented in Section 6.1.7 of the Alta report. 3. Artificial fills, Holocene alluvium, any topsoil or colluviums, should be completely removed and re -compacted to project specifications. 4. The upper portions of the old alluvial valley deposits and the very highly weathered portions of the bedrock should be removed and re -compacted to project specifications. GEO No. 2299 satisfies the requirement for a liquefaction study for planning/CEQA purposes. GEO No. 2299 is hereby accepted for Planning purposes. Engineering and other Uniform Building Code parameters were not included as a part of this review or approval. This approval is not intended and should not be misconstrued as approval for grading permits. 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. 9. Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule A, unless modified by the conditions listed herein. 10. No Offsite Subdivision Signage. No offsite subdivision signs advertising this land division/development are permitted, other than those allowed under Ordinance No. 679.4. Violation of this condition of approval may result in no further permits of any type being issued for this subdivision until the unpermitted signage is removed. 11. Design Standards. The design standards for the subdivision are as follows: a. Lots created by this map shall conform to the design standards of the Planned Residential (R-4) zone. b. The front yard setback is 15 feet. c. The side yard setback is 5 feet. d. The street side yard setback is 10 feet. e. The rear yard setback is 10 feet, except where a rear yard abuts a street, then the setback shall be the same as the front yard setback, in accordance with Section 21.77 of Ordinance No. 348. f. The minimum width of each lot is 40 feet and the minimum depth of each lot is 80 feet. g. The minimum lot frontage on a knuckle or cul-de-sac street shall be 35 feet measures along the property line. h. The maximum height of one family dwellings is 40 feet and no other building or structure shall exceed 50 feet. i. The minimum lot size is 6,000 square feet. 7 j. Residential driveway approaches shall be a minimum of 12 feet and a maximum of 30 feet in width, and 20 feet of full height curb is required between driveways within any one property frontage, in accordance with Ord. No. 461, Standard No. 207. When occasions occur in which the project design guidelines (i.e., approved "Exhibit D") conflict with established Ordinance No. 348 or ordinances the stricter rule/law/guideline shall apply. 12. Minor Plot Plans Required. For each of the below listed items, a minor plot plan application shall be submitted and approved by the Planning Department pursuant to Section 18.30.a. (1) of County Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department) along with the current fee. 1) Final Site Development Plan for each phase of development. 2) Model Home Complex Plan shall be filed and approved for each phase if models change between phases. A final site of development plot plan must be approved prior to approval, or concurrent with a Model Home Complex Plan. 3) Landscaping Plan for typical front yard/slopes/open space/parks. These three plans may be applied for separately for the whole tract or for phases. 4) Landscaping plans fully within the road right-of-way shall be submitted to the Engineering Department only. 5) Each phase shall have a separate wall and fencing plan. 6) Entry monument and gate entry plan. NOTE: The requirements of the above plot plans may be accomplished as one, or, any combination of multiple plot plans required by these conditions of approval. However, each requirement shall be cleared individually with the applicable plot plan condition of approval in the prior to building permit issuance conditions. 13. Construction Hours. Truck and construction -related activities shall be restricted to between the hours of 7:00 a.m. and 7:00 p.m. Monday -Saturday (excluding Federal and State holidays). Exceptions to these standards shall be allowed only with written consent of the Building Official per City Ordinance. 14. Construction Hours (for Noise Impacting Southshore Elementary School). During construction, no person shall operate any power tools or equipment between the hours of 8:00 AM. and 3:00 PM such that the power tools or equipment (including heavy grading machinery) are audible to the human ear inside any classroom of Southshore Elementary School. Enforcement shall be conducted through the Riverside County Sheriff and Code Enforcement and may be assisted by the Public Health. 15. Park Annexation. All parklands must be annexed into Valley Wide Recreation and Park District or other acceptable mechanism as determined by the City of Menifee. 16. Project Design Features for Greenhouse Gas Reductions. The project the Project shall be required to comply with all mandatory regulatory requirements imposed by the State of California and the South Coast Air Quality Management District aimed at the reduction of greenhouse gas emissions. Those that are particularly applicable to the Project and that would assist in the reduction of greenhouse gas emissions are: • Global Warming Solutions Act of 2006 (AB32) • Regional GHG Emissions Reduction Targets/Sustainable Communities Strategies (SB 375) • Pavely Fuel Efficiency Standards (AB1493). Establishes fuel efficiency ratings for new vehicles. • Title 24 California Code of Regulations (California Building Code). Establishes energy efficiency requirements for new construction. • Title 20 California Code of Regulations (Appliance Energy Efficiency Standards). Establishes energy efficiency requirements for appliances. • Title 17 California Code of Regulations (Low Carbon Fuel Standard). Requires carbon content of fuel sold in California to be 10% less by 2020. • California Water Conservation in Landscaping Act of 2006 (AB1881). Requires local agencies to adopt the Department of Water Resources updated Water Efficient Landscape Ordinance or equivalent by January 1, 2010 to ensure efficient landscapes in new development and reduced water waste in existing landscapes. • Statewide Retail Provider Emissions Performance Standards (SB 1368). Requires energy generators to achieve performance standards for GHG emissions. • Renewable Portfolio Standards (SB 1078). Requires electric corporations to increase the amount of energy obtained from eligible renewable energy resources to 20 percent by 2010 and 33 percent by 2020. 17. 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. 18. Construction Air Mitigation. Compliance with SCAQMD 113 on the use of architectural coatings shall be implemented. 1) The applicant shall require that the grading contractor utilize diesel powered equipment that is equipped with a cooled exhaust gas recirculation system. The following measures shall be incorporated into Project plans and specifications as implementation of SCAQMD Rule 403: 1) The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the mid -morning, afternoon, and after work is done for the day. 2) The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less to reduce PM,o and PM 2.5 fugitive dust haul road emissions by approximately 44%. The following measures will be implemented to control short-term construction emissions: 3) The applicant shall require that the construction contractor limit the application of architectural coating to 650 gallons per week and/or use zero volatile organic compound (VOC) paint. 4) The applicant shall require that the construction contractor utilize diesel - powered equipment equipped with a cooled exhaust gas recirculation system. 5) Grading plans, construction specifications and bid documents shall include notation that all Rubber Tired Dozers and Scrapers shall be CARB Tier 3 Certified or better. The City shall review grading plans, construction specifications, and bid documents for conformance with this mitigation measure prior to approval of grading plans and issuance of grading permits. FEES 19. Subsequent Review Fees. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading or building plan review or review of any mitigation monitoring requirement, shall be reviewed on an hourly basis, or other appropriate fee, as listed in Ordinance No. 671. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. ARCHEOLOGY/PALEONTOLOGY 20. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a 24 hours. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" within 48 hours. The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. 21.Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance. 1) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Native American tribal representative and the Community Development Director to discuss the significance of the find. 2) At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal representative and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3) Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. 22.Inadvertent Paleontological Find. Should fossil remains be encountered during site development: 1) All site earthmoving shall be ceased in the area of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site. 2) The applicant shall retain a qualified paleontologist approved by the County of Riverside. 3) The paleontologist shall determine the significance of the encountered fossil remains. 4) Paleontological monitoring of earthmoving activities will continue thereafter on an as -needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level. 5) If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. 6) Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. LANDSCAPING 23. Landscaping. All plant materials within landscaped common areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Planning Department shall require inspections in accordance with the Planning Department's landscaping installed and inspected conditions. 24. Trail Maintenance. The land divider, or any successor -in -interest to the land divider, shall be responsible for maintenance and upkeep of any trail easement required under these conditions until such time as the maintenance is taken over by Valley Wide Recreation and Park District or any other appropriate maintenance district. 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. Front and Side Yard Landscaping Maintenance Responsibility. The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is included within a separate common lot, which shall be maintain by Valley Wide Recreation and Park District. 27. 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 12 as those operations are the responsibility of a property owner's association, or any other successor -in -interest. Prior to Final Map 28. Final Map Required. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the land divider shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department - Survey Division requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. 29. Administrative Change of Zone Required. Prior to recordation of the final map, the land divider or permit holder, or successor -in -interest, shall submit an application for an administrative Change of Zone for a technical correction to County of Riverside Change of Zone No. 6949 (Ordinance No. 348.4611). The administrative Change of Zone shall adjust the boundary between the R-4 and R-5 zone within the southwesterly portion of the project site and shall align this boundary with the proposed easterly boundary of Lot 411 (open space hillside lot). The administrative Change of Zone shall be presented to the City of Menifee City Council for their review and approval. 30. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 31. Surveyor Checklist. The City Engineering Department - Survey Division shall review any FINAL MAP and ensure compliance with the following: A. All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. B. All lots on the FINAL MAP shall have a minimum lot size of 6,000 square feet net. C. All lot sizes and dimensions on the FINAL MAP shall be in conformance with the development standards of the R-4 zone for residential lots and R-5 zone for common open space lots, and with the Riverside County Integrated Project (RCIP). D. All lots on the FINAL MAP shall comply with the length -to -width ratios, as established by Section 3.8.C. of County Ordinance No. 460. E. All knuckle or cul-de-sac lots shall have a minimum of 35 feet of frontage measured at the front lot line. F. The common open space areas shall be shown as a numbered lot on the FINAL MAP. 32. Trail Dedication. Prior to or in conjunction with the recordation of the final map, the applicant shall offer for dedication to the City of Menifee a 15-foot easement for trails purposes along Briggs Road and along Holland Road. The Sun 13 City/Menifee Area Plan identifies a Community Trail along the west side of Briggs Road which is the easterly boundary of the proposed project and along the south side of Holland Road which is the northerly boundary of the proposed project. This easement shall be as shown on the final map and the approved trails plan. Maintenance of the trails shall be provided through annexation to Valley Wide Recreation and Park District. 33. Trail Plans. The applicant shall submit a trails plan to the City of Menifee for review and approval. This trails plan shall show the trail with all topography, grading, fencing, cross -sections, street crossings and under crossings, signage (if appropriate) and landscaping. 34. Annexation into Park District. The land divider shall submit written proof to the Planning Department that the subject property has been annexed to Valley Wide Recreation and Park District or other entity acceptable to the Community Development Director. 35. Payment of Park Fees. Prior to map recordation, the land divider shall submit to the City of Menifee Planning Department evidence of payment of parks and recreation fees and/or dedication of land for the TENTATIVE MAP in accordance with Section 10.35 of County Ordinance No. 460. 36. ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. 37. ECS Note on Agricultural Uses. The following Environmental Constraints Note shall be placed on the ECS: "The project site is located within 300 feet of, land zoned for primarily agricultural purposes by the County of Riverside. It is the declared policy of the City of Menifee that no agricultural activity, operation, or facility, or appurtenance thereof, conducted or maintained for commercial purposes in the City, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years, if it wasn't a nuisance at the time it began. The term "agricultural activity, operation or facility, or appurtenances thereof' includes, but is not limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any apiculture, or horticulture, the raising of livestock, fur bearing animals, fish or poultry, and any practices performed by a farmer or on a farm as incident to, or in conjunction with, such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market." 38. ECS Note on Dark Sky Lighting. The following Environmental Constraints Note shall be placed on the ECS: 14 "This property is subject to lighting restrictions as required by Menifee Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with Menifee Municipal Code Chapter 6. 39. ECS Note on Poultry Facility. The following Environmental Constraint Note shall be placed on the ECS: "All lots within Tract Map No. 32277 are in the vicinity of an existing and operating poultry facility". 40. ECS Note on Archeological. The following Environmental Constraint Note shall be placed on the ECS: "A Cultural Resources Report titled "Cultural Resources Report for Menifee Heights (Tract 32277)", was prepared for this property on August 7, 2012 by Brain F. Smith and Associates and is on file at the City of Menifee Planning Department. The property is subject to surface alteration restrictions (archaeological monitoring) based on the results of the report. 41. Right to Farm Notice. The land divider shall submit a detailed proposal for the notification of all initial and future purchasers of dwelling units within the subject project of the existence of dairies and/or other agricultural uses within the vicinity of the property (and shall specifically disclose the use of the Briarcliff Equestrian Center property to the south) and potential impacts resulting from those uses. Said notification shall be in addition to any notice required by Ordinance No. 625 (Right -to -Farm Ordinance). Said approved notification shall be provided to all initial and all future purchasers of dwelling units within the subject project. 42. Fees. Prior to recordation, the Planning Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the land divider and/or the land divider's successor -in -interest. 43. Common Area Maintenance. Prior to the approval of any land division or development permit (e.g.,, plot plan, etc.) containing any common areas identified in the revised tentative tract map, a condition of approval shall be applied to the land division or development permit to ensure that they are owned and maintained as follows: a. A permanent master maintenance organization shall be established for the revised tentative tract map area, to assume ownership and maintenance responsibility for all common recreation, open space, circulation systems and landscaped areas. The organization may be public (anticipated to be Valley Wide Park and Recreation District) or private (e.g., homeowners' association). Merger with an area -wide or regional organization, such as Valley Wide Park and Recreation District, 15 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, or issuance of any building permit for any approved development permit (e.g., plot plan, etc.). 44. Conditions, Covenants and Restrictions (Public Common Areas). Prior to the approval of any land division or development permit (e.g., plot plan, etc.) containing any common areas identified in the revised tentative tract map, the following condition shall be applied to the land division or development permit if the permanent master maintenance organization referenced in the condition entitled "Common Area Maintenance" is a public organization. The condition shall be implemented prior to the recordation of any final subdivision map, or prior to the issuance of building permits in the case of development permits and shall read as follows: The applicant shall convey to the public organization (anticipated to be Valley Wide Recreation and Park District) 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 public organization are acceptable. As a condition precedent to the public organization accepting title to such areas, the applicant shall submit the following documents to the City of Menifee Planning Department for review along with the current fee, which shall be subject to the approval of that department and the City Attorney: A signed and notarized declaration of covenants, conditions and restrictions; and, 2. 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, 3. A deposit equaling three (3) hours of the current hourly fee for Review of Covenants, Conditions and Restrictions established pursuant to County Ordinance No. 671 at the time the above referenced documents are submitted to the Planning Department for review by the City Attorney. 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 fro 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, 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', more particularly described on Exhibit 'A' attached hereto. 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 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 Planning Director of the City or the City's successor -in -interest. 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 therefrom absent the prior written consent of the Planning Director of the City of Menifee or the City's successor -in -interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' established pursuant to this Declaration. In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." Once approved by the City Attorney, the declaration of covenants, conditions and restrictions shall be recorded by the Planning Department with one copy retained for the case file, and one copy provided to the City Engineering Department - Survey Division. 45. Conditions, Covenants and Restrictions (Private Common Areas). Prior to the approval of any land division or development permit (e.g., plot plan, etc.) containing any common areas identified in the revised tentative tract map, the following condition shall be applied to the land division or development permit if the permanent master maintenance organization referenced in the condition entitled "Common Area Maintenance" is a private organization. The condition shall be implemented prior to the recordation of any final subdivision map, or 17 prior to the issuance of building permits in the case of development permits and shall read as follows: The land divider shall submitted to the City Attorney (via the Planning Division) for review and approval the following documents: (a) A cover letter identifying the project for which approval is sought referencing the Planning Division case number(s) and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; (b) One copy and one original, wet signed, notarized and ready for recordation declaration of covenants, conditions, and restrictions (CC&Rs). 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) The declaration of CC&Rs submitted for review shall cover all map phases, as follows: (i) Provide for a minimum term of 60 years; (ii) Provide for the establishment of a property owner's association comprised of the owners of each individual lot or unit; and (iii) Provide for the ownership of the common area by either the property owner's association or a permanent public master maintenance organization (anticipated to be Valley Wide Recreation and Park District . The common areas include, but are not limited to, the central Community Park (Lot 360), landscaped areas, open space lots, and southwest hillside lot (Lot 411). (d) The declaration of CC&Rs shall contain the following provisions verbatim: (i) "Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: The property owners' association established herein shall manage the 'common areas', more particularly described on the subdivision map, attached hereto, and shall not sell or transfer the 'common areas' or any part thereof, absent the prior written consent of the Planning Division 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 managing such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a management assessment. The property owners' 18 association established herein shall regulate individual private lot development standards. - The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is located within a separate common lot. 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 the 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." (iv) "The management and maintenance of the project site in accordance with the Storm Water Pollution Prevention Plans (SWPPPs), Monitoring Programs, and Post Construction Management Plans to include the following best management practices (BMPs) to reduce storm water pollution: Initial residents, occupants, or tenants of this site shall receive educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be provided by the Riverside County Flood Control and Water Conservation District and shall be distributed by the properties owners' association. These materials shall address good housekeeping practices associated with residential developments, such as: Where improper disposal of trash has occurred, the property owners' association shall take corrective action within forty- eight hours of discovery (BMP N5). - The street(s) and parking lot(s), more particularly described on the subdivision map, shall be swept by the property owners' association at least once a year and shall be swept no later than October 15th of each year (BMP N6). ILI (e) 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. (f) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of CC&Rs is incorporated therein by reference; and (g) A deposit equaling three hours of the current hourly fee for the review of the CC&Rs established pursuant to Ordinance No. 671 at the time the above referenced documents are submitted to the City Attorney for review and approval. FEES 46. 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 Phasing 47. Preliminary Phase Grading. Prior to the approval of an application for a division into units or phasing plan for the TENTATIVE MAP, a conceptual grading plan covering the entire TENTATIVE MAP shall be submitted to the City of Menifee Planning Department for review and approval. The preliminary grading plan shall comply with the following: 1) Techniques which will be used to prevent erosion and sedimentation during and after grading process shall be depicted and documented. 2) Approximate time frames for grading and areas which may be graded during the higher probability rain months of January through March shall be identified. 3) Preliminary pad and roadway elevations shall be depicted. 4) Areas where temporary grading occurs on any phase other than the one being graded for development at a particular time shall be identified. The approved preliminary grading plan shall be provided to the Building and Safety — Plan Check Division and shall be used as a guideline for subsequent detailed grading plans for individual units or phases of the TENTATIVE MAP. 48. Phases Separable. This land division may be divided into units and recorded in phases provided that the phasing plan complies with the following: 1) The proposed division into units or phasing, including unit or phase boundaries, sequencing, and floor plan selection shall be subject to the Planning Department approval. 20 2) Each proposed unit or phase, individually and cumulatively with all other units or phases, shall comply with the provisions of Section 7.11 (Restricted Single -Family Residential Subdivision) of Ordinance No. 348. 49. Lot Access/Unit Plans. Any division into units or phasing of the TENTATIVE MAP shall provide for adequate vehicular access to all lots in each unit or phase, and shall substantially conform to the intent and purpose of the land division approval. No approval for any number of units or phases is given by this TENTATIVE MAP and its conditions of approval, except as provided by Section 8.3 (Division into Units) of Ordinance No. 460. Prior to Issuance of Gradinq Permits 50. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 51. Stephens' Kangaroo Rat Fees. Prior to the issuance of a grading permit, the land divider/permit holder shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 158.75 acres (gross) in accordance with the TENTATIVE MAP. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event 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. 52. Fees. Prior to issuance of grading permits, the Planning Department shall determine if the deposit based fees are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 53. Construction Plan. Prior to the issuance of a grading permit, the applicant shall. submit to the City's Planning Department and Building and Safety Department the grading plans, construction specifications and bid documents which shall specify the following: a. The grading plans shall note that heavy duty trucks accessing the site shall not idle for greater than five minutes at any location pursuant to the California Air Resources Board, in Title 13, Chapter 10, Section 2485, Division 3 of the of the California Code of Regulations. This measure is intended to apply to construction traffic. Prior to issuance of a grading permit, the grading plans shall reference that signage which 11 shall be posted on -site stating that construction workers shall not idle diesel engines in excess of five minutes. b. Grading plans, construction specifications and bid documents shall include notation that all rubber -tired dozers and scrapers shall be CARB Tier 3 Certified or better. c. The Construction Plan shall note that any blasting, drilling and rock crushing shall not occur within 800 feet of any occupied residences or the Southshore Elementary School unless temporary noise barriers (berms, wall, etc.) are erected to mitigate noise from these activities to an exterior noise level of 65 dBA at the nearest residential lot line. d. The Construction Plan shall identify a process to notify all residences within 800 feet and the Southshore Elementary School of any potential blast location. The notification shall identify the potential blasting schedule and shall provide specific notice within a minimum of 72 hours prior to a blasting event. e. The Construction Plan shall identify a location for the rock crushing activities. Every effort should be made to locate this operation internal to the site so as to not impact adjacent residential properties. This project involves the construction of off -site drainage facilities northward 1,260 feet along Southshore Drive. The off -site storm drain will connect into a multiple reinforced concrete box culvert to be constructed across Southshore Drive approximately 1,260 feet north of Holland Road. The box culvert crossing Southshore Drive is part of the Holland Channel System and is located between Tract No. 31229 and Tract No. 30422. The Construction Plan shall specify the timing of construction of this facility and every effort should be made to coordinate the construction to periods when the Southshore Elementaty School is not in session. This development will construct the Holland Channel System (approximately 100 linear feet), unless it has already been constructed by the developers of Tract No. 31229 (located immediately to the north of the project site) and Tract No. 30422 (located approximately 750 feet to northwest of the project site). The Construction Plans shall include traffic control measures and detour routes, as appropriate. 54. Dust Minimization Mitigation. The following measures shall be incorporated into project plans and specifications and implemented during grading, as implementation of Rule 403: a. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the mid- morning, afternoon, and after work is done for the day. As shown in Table XI -A, located in Appendix "B" of the Air Quality Impact Analysis , 22 prepared by Urban Crossroads, dated July 17, 2012, revised October 2, 2012 and revised September 19, 2012, implementation of this measure is estimated to reduce PM,o and PM2.5 fugitive dust emissions by approximately 61 %. b. The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less to reduce PM,o and PM2.5 fugitive dust haul road emissions by approximately 44%. c.Dust emissions form blasting and rock crushing shall be controlled by the use of wet -suppression techniques including but not limited to: misting systems along the conveyor feed for the rock crusher, wetting of stockpiles and cassation of crusher activities when wind speeds are in excess of 25 miles per hour. 55. Trails Plans. Prior to the issuance of any grading permits, the applicant shall submit grading plans and construction specifications to the City of Menifee Planning Department and Engineering Department for review and approval. These grading plans shall show the location of all trails consistent with the approved trails plan which was required prior to map recordation. 56. Building Pad Grading. All grading for any proposed new dwellings and/or accessory buildings shall occur within the approved building pad sites shown on the Revised Tentative Tract Map No. 2012-045. ARCHEOLOGY 57. Cultural Resources Disposition Agreement. Prior to issuance of a grading permit, the Planning Department shall review the proposed grading plans to determine the depth of grading, including but not limited to foundation excavations, trenching and utility installations. Should the depths include excavation into native soils (i.e. below two feet in fill areas or areas where no prior grading activities occurred or fill materials have been added), then the project applicant shall enter into an agreement with and retain a monitor(s) designated by the Pechanga Band of Luiseno Mission Indians. The project Applicant shall contact the Pechanga Tribe at least 30 days prior to beginning project construction, to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Menifee and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of professional Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; compensation for the monitors based upon current tribal monitoring rates; and treatment and final disposition of any cultural resources, newly discovered cultural resources, sacred sites, and human remains discovered on the site. The developer/permit holder shall submit a fully executed copy of the agreement to the Planning Department to ensure compliance with this 23 condition of approval. Upon verification, the Planning Department shall clear this condition. 58. Native American Monitoring. Prior to issuance of a grading permit, the Planning Department shall review the proposed grading plans to determine the depth of grading, including but not limited to foundation excavations, trenching and utility installations. Should the depths exceed two feet then the Project Archeologist shall file a pre -grading report with the City of Menifee (if required) to document the proposed methodology for grading activity observation which will be determined in consultation with the Pechanga Tribe. Said methodology shall include the requirement for a qualified archeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in the condition of approval C., the archeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any archeological and cultural resources discovered on the property. Tribal and archeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities and shall also have the authority to stop and redirect grading activities 59. Archeologist Retained. Prior to issuance of a grading permit, the Planning Department shall review the proposed grading plans to determine the depth of grading, including but not limited to foundation excavations, trenching and utility installations. Should grading activities include excavation into native soils (i.e., below two feet in fill areas or areas where no prior grading activities occurred or fill materials have been added), then the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the representative(s) from the Native American Tribe (s) shall be included in the pre -grade meetings to provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance in sensitive areas with the grading contractors. The Project Archaeologist and the Tribal representative(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal representative(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Planning Department to ensure compliance with this condition of approval. Upon verification, the Planning Department shall clear this condition. Any newly discovered cultural resources shall be subject to an evaluation, in consultation with the Native American Tribe(s) and which will require the development of a , and must include a treatment plan and monitoring agreement for the newly discovered resources. 24 60. Paleontologist Required. This site is mapped in the County's General Plan as having a high potential for paleontological resources (fossils). Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS: The permitee shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project -specific plan for monitoring site grading/earthmoving activities (project paleontologist). The project paleontologist retained shall review the approved development plan and shall conduct any pre -construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Planning Department for review and approval prior to issuance of a Grading Permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows A. The project paleontologist shall participate in a pre -construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. B. Paleontological monitoring of earthmoving activities will be conducted on an as -needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. E. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. 25 F. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. G. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Planning Department for review and approval prior to building final inspection as described elsewhere in these conditions. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (e.g., Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet -signed original copies of the report shall be submitted directly to the Planning Department along with a copy of this condition and the grading plan for appropriate case processing and tracking. Prior to Issuance of Building Permit 61. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a building permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 62. Building Plans Required. The developer shall cause building plans to be submitted to the Building and Safety Department for review and approval by the Department of Building and Safety - Plan Check Division. Said plans shall be in conformance with the approved DESIGN GUIDELINES. 63. Roof Mounted Equipment. Roof -mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy - saving devices shall be permitted with Planning Department approval. 64. Utilities Underground. All utility extensions within a lot shall be placed underground. Ki 65. Conform to Design Guidelines. Elevations and floor plans shall substantially conform to approved Exhibit D. 66. Comply with FSD. Final clearance shall be obtained from the CITY OF MENIFEE Planning Department - Development Review Division stipulating that the building plans submitted conform to the approved Final Plan of Development. 67. Building Separation. Building separation between all buildings shall not be less than ten (10) feet. Additional encroachments are only allowed as permitted by County Ordinance No. 348. 68. Parking. Parking spaces are required in accordance with Ordinance No. 348. All parking areas and driveways shall be surfaced with asphaltic concrete to current standards as approved by the City of Menifee Department of Building and Safety. 69. Operational Noise. Prior to the issuance of a building permit, the applicant shall submit to the City's Planning Department and Building and Safety Department the construction plans, which shall provide written notes requiring the following for interior noise mitigation: a. Standard dual -glazed windows with a Sound Transmission Class (STC) rating of 26 or higher and a windows closed condition requiring a means of mechanical ventilation (e.g. air conditioning) for lots 1-9, 256-270, and 359-354 facing Holland Road, and lots 223-255 facing Briggs Road shall be provided. b. All window and door assemblies used throughout the project shall be free of cut outs and openings and shall be well fitted and well weather- stripped. c. Exterior walls with a minimum Sound Transmission Class (STC) rating of 46 shall be provided. Typical walls with this rating will have 2x4 studs or greater, 16" o.c. with R-13 insulation, a minimum 7/8" exterior surface of cement plaster and a minimum interior surface of 1/2" gypsum board. d. Roof/ceiling building system utilizing minimum 1/2" plywood sheathing that is well sealed to form a continuous barrier with minimum R-19 bait insulation in the joist cavities shall be provided. MINOR PLANS REQUIRED 70. Landscaping Plans. The land divider/permit holder shall file five (5) sets of a Landscaping and Irrigation Plan to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The plan shall be in compliance with City Requirements, Menifee Municipal Code Chapter 15.04, Ordinance 348 Section 18.12, Sections 19.300 through 19.304., and the TENTATIVE MAP conditions of approval. 27 The plan shall show all common open space areas, including, but not limited to Lot 400 through 415, including landscaping within the central Community Park. The plan shall address all areas and conditions of the tract requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping, and individual front yard landscaping). Emphasis shall be placed on using plant species that are drought tolerant and low water using. The plans shall provide for the following: 1) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems are encouraged. 2) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Department. Utilities shall be placed underground. 3) Any required landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 4) Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs, and specimen trees in conjunction with meandering sidewalks, benches, and other pedestrian amenities where appropriate as approved by the Planning Department. 5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 6) Landscaping plans shall incorporate native and drought tolerant plants where appropriate. 7) All specimen trees and significant rock outcroppings on the subject property intended for retention shall be shown on the project's grading plans. Replacement trees for those to be removed shall also be shown. 8) All trees shall be minimum double -staked. Weaker and/or slow -growing trees shall be steel -staked. 9) Multi -programmable irrigation controllers which have enough programs to break up all irrigation stations into hydro zones shall be used. If practical and feasible, rain shutoff devices shall be employed to prevent irrigation after significant precipitation. Irrigation systems shall be designed so areas which have different water use requirements are not mixed on the same station (hydro zones). Assistance in implementing a schedule based on plant water needs is available from CIMIS or Mobile Lab. The use of drip irrigation should be considered for all planter areas that have a shrub density that will cause excessive spray interference of an overhead 28 irrigation system. Use flow reducers to mitigate broken heads next to sidewalks, streets, and driveways. (BMP S2) 10) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where possible. (BMP S3) NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Transportation Department ONLY. 71. Entry Monument Plans. The land divider/permit holder shall file four (4) sets of an Entry Monument and Gate plot plan to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The plan shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval. The plot plan shall contain the following elements: 1) A color rendering of a frontal view of all/the entry monument(s) and gate(s) with landscaping. 2) A plot plan of the entry monuments) and/or gate(s) with landscaping drawn to an engineer's scale. If lighting is planned, the location of lights, their intended direction, and proposed power shall be indicated. 3) An irrigation plan for the entry monument(s) and/or gate(s). NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by the conditions of approval for this subdivision. However, this ENTRY MONUMENT And GATES PLAN condition of approval shall be cleared individually. 72. Model Home Complex. A plot plan application shall be submitted to the Planning Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The Model Home Complex plot plan shall contain the following elements: 1) An engineer's scaled plan showing the model home lots, lot numbers, tract number, and north arrow. 2) Show front, side and rear yard setbacks. 29 3) Provide two dimensioned off street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. 4) Show detailed fencing plan including height and location. 5) Show typical model tour sign locations and elevation. 6) Six (6) sets of photographic or color laser prints (8" X 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Planning Department has reviewed and approved the sample board and colored elevations in accordance with the approved Design Manual and other applicable standards. All writing must be legible. Six (6) matrix sheets showing structure colors and texture schemes shall be submitted. 7) Provide a Model Home Complex landscape and irrigation plan. NOTES: The Model Home Complex plot plan shall not be approved without Final Site Development Plan approval, or concurrent approval of both. See the Planning Department Model Home Complex application for detailed requirements. The requirements of this plot plan may be incorporated with any minor plot plan required by the subdivision's conditions of approval. However, this MODEL HOME COMPLEX condition of approval shall be cleared individually. 73. Final Site of Development Plan. A plot plan application shall be submitted to the Planning Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. Subdivision development shall conform to the approved plot plan and shall conform to the COUNTYWIDE DESIGN GUIDELINES and the approved Design Manual, Exhibit D. The plot plan shall be approved by the Community Development Director prior to issuance of building permits for lots included within that plot plan. The plot plan shall contain the following elements: 1) A final site plan (40' scale precise grading plan) showing all lots, building footprints, setbacks, mechanical equipment and model assignments on individual lots. 2) Each model floor plan and elevations (all sides). 3) Three (3) sets of photographic or color laser prints (8" x 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Planning Department has reviewed 30 and approved the sample board and colored elevations in accordance with the approved Design Manual and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 4) At a minimum there should be three different floor plans for each Area, as defined in the Design Guidelines. The number of floor plans for each Area shall be in accordance with the "Summary of Variation Requirements" listed in the Design Guidelines. For development projects that are to constructed in phases, a phasing plan shall be submitted to assure that the requirements for the number of floor plans is being met. 5) Homes and garages shall be placed at varying distances from the street and have varying entry locations. Front yard setbacks shall average 20 feet and may be varied by up to 25%, in increments of any size. The minimum front yard setback shall not be less than 15 feet. 6) The colors and materials on adjacent residential structures should be varied to establish a separate identity for the dwellings. A variety of colors and textures of building materials is encouraged, while maintaining overall design continuity in the neighborhood. Color sample boards shall be submitted as a part of the application and review process. 7) All new residences with garages shall be provided with roll -up (i.e. on tracks) garage doors (either sectional wood or steel). At least 25% of the garage doors in any project should have windows. NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by this subdivision's conditions of approval. However, this FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared individually. 74. Wall and Fence Plan. The land divider/permit holder shall file three (3) sets of a Wall/Fencing Plan to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. The plan shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval. A. The plan shall show all project fencing including, but not limited to, perimeter fencing, side and rear yard fencing, and open space or park fencing. A typical frontal view of all fences shall be shown on the fencing plan. B. All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments, as approved by the Planning Department. 31 C. All wood fencing shall be treated with heavy oil stain to match the natural shade to prevent bleaching from irrigation spray. D. Front yard return walls shall be constructed of masonry slump stone or material of similar appearance, maintenance, and structural durability) and shall be a minimum of five feet in height. E. Side yard gates are required on one side of the home and shall be constructed of vinyl. Side and rear yard fencing shall be masonry, slump stone or other material of similar appearance, maintenance, and structural durability. Chain -link fencing is not permitted. All construction must be of good quality and sufficient durability with an approved stain and/or sealant to minimize water staining. (Applicants shall provide specifications that shall be approved by the Planning Department). F. All new residences constructed on lots of less than 20,000 square feet shall include rear and side yard fencing constructed of masonry block that is a minimum of five (5) feet in height. The maximum height of walls or fencing shall be six (6) feet in height. In the desert areas, block walls are discouraged on the perimeter in favor of increased setbacks with extensive drought tolerant landscaping, berms and fencing such as split rails. G. All lots having rear and/or side yards facing local streets or otherwise open to public view shall have fences or walls constructed of decorative block, H. Corner lots shall be constructed with wrap -around decorative block wall returns. (Note: exceptions for the desert area discussed above.) I. Wrought iron or tubular steel fence sections may be included within tracts where view opportunities and/or terrain warrant its use. Where privacy of views is not an issue, tubular steel or wrought iron sections should be constructed in perimeter walls in order to take advantage of casual view opportunities. J.The proposed Wall/Fencing Plan shall provide sound attenuation walls in accordance the noise report titled "Menifee Heights (TTM No. 32277, Preliminary Noise Study, City of Menifee, California", dated July 13, 2012, which is summarized as follow: In order to satisfy the City of Menifee 65 dBA CNEL exterior noise level standards, the construction of a 6.0-foot high noise barrier as shown on Exhibit 1-A of the Preliminary Noise Study is required for the single-family detached residential homes located near Holland Road and Briggs Road. ii. The noise control barrier shall provide a weight of at least 4.0 pounds per square foot of face area with no decorative cutouts or line -of -site openings between the shielded areas and the roadways. The noise barrier may be constructed using masonry block or a combination 32 block wall and landscaped berm. The barrier shall present a solid face from top to bottom. All gaps (except for weep holes) shall be filled with grout or caulking. K. The plan shall show a minimum 6' block wall along the edge of the trail located on the property line between lot 410 and the proposed residential lots 134-144, 122 and 223. The block wall shall match the material, style and color of the perimeter wall located along Holland Road. L. The plan shall protect in place existing fencing between Lot 410 and the Briarcliff Equestrian Center property to the south. LANDSCAPING 75. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation as defined by County Ordinance No. 348. Landscaping and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04, Riverside County Guide to California Friendly Landscaping, and Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts. The front yard landscaping must be installed prior to final occupancy release. 76. Performance Securities. Performance securities, in amounts to be determined by the Community Development Director to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Planning Department. Securities may require review by the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One -Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. 77. Landscape Inspection Deposit. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the Six Month and One Year Landscape Inspections. The amount of hours for the Six Month and One Year Landscape Inspections will be determined by the Planning Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. FEES 78. Fees. Prior to issuance of building permits, the Planning Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permitee. 79. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 80. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. J.) Prior to Final Inspection 81. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of final occupancy. The Community Development Director may require inspection or other monitoring to ensure such compliance. 82. Walls Constructed. The land divider/permit holder shall construct a six -foot - high block wall or combination block wall and landscaped berm around Holland Road and Briggs Road in compliance with the Preliminary Noise Study. The required walls shall be subject to the approval of the City of Menifee Building and Safety and Planning Department. An anti -graffiti coating shall be provided on all block walls, and written verification from the developer shall be provided to the Planning Department. 83. Fencing Compliance. Fencing shall be provided throughout the subdivision in accordance with the approved final site development plans and/or walls and fencing plan.. 84. Entry Monuments. Entry monuments shall be installed in accordance with the approved entry monument plans. 85. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations approved as part of the final site of development plan. 86. Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 87. Final Planning Inspection. The permitee shall obtain final occupancy sign -off from the Planning Division for each building permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, walls and fencing and landscaping. LANDSCAPING 88. Soil Management Plan The permitee shall submit a Soil Management Plan (Report) to the Planning Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, "What is required in a Soil Management Plan?" 89. Landscape/Irrigation Install Inspection The permitee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre -Landscape installation inspection and a Landscape Completion Installation Inspection with the Planning 34 Department. The pre -landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. A One Year Post -Establishment Inspection will also be required. The Planning Department will require a deposit in order to conduct the landscape inspections. 90. Landscape Installation. All required landscape planting and irrigation, including but not limited to onsite and landscaping and irrigation in the median and along the project side ofHolland and Briggs Road, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Planning Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 91. Final Landscape Approval The final landscape approval following installation shall be subject to the review and approval of the City's Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES 92. DIF 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 residential unit to be constructed within this land division. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 93. MSHCP 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. 810, which requires payment of the appropriate fee set forth in the Ordinance. 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 35 generated by new development projects described and defined in this Ordinance. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should 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. 94. Fees. Prior to issuance of occupancy/final inspections, the Planning Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permitee. Prior to Issuance of Given Building Permit Open Space Lot Conditions 95. Prior to Occupancy - Open Space Lot Lot 411. Prior to issuance of the 15' occupancy permit, the disturbed hillside slopes within lot 411, as shown on the TENTATIVE MAP and EXHIBIT L, shall be re -vegetated with indigenous, non - irrigated hydroseed mix. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans, a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." (Planning Condition No. 89) 96. Prior to Occupancy - Open Space Lots 400 to 402. Prior to issuance of the 901h occupancy permit, the passive parks within open space lots 400 through 402, as shown on the TENTATIVE MAP and EXHIBIT L, shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans, a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." (Planning Condition No. 73) 97. Prior to Occupancy - Open Space Lots 404 to 406. Prior to issuance of the 90th occupancy permit, the Holland Road trail, streetscape, and landscaping and landscaping within the main and secondary entry off of Holland Road and open space lots 404 through 406 and 412 through 413, as shown on the TENTATIVE MAP and EXHIBIT L, shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans, a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." (Planning Condition No. 89) 98. Prior to Occupancy - Open Space Lots 403, 407 through 409. Prior to issuance of the 2701h occupancy permit, the Briggs Road trail, streetscape, and landscaping and landscaping within the primary and secondary entry off of Briggs Road and open space lots 403, 407 through 409, as shown on the TENTATIVE MAP and EXHIBIT L shall be installed. The landscaping, including 36 irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans, a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." (Planning Condition No. 89) 99. Prior to Occupancy -Open Space Lot 410. Prior to the final occupancy of any of the following lots, 134 through 144, 222, or 223, whichever occurs first, the landscaping within open space lot 410 (southerly community trail), as shown on the TENTATIVE MAP and EXHIBIT L, shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." (Planning Condition No. 89) Note that approved EXHIBIT L states that the landscaping within Lot 410 will be installed prior to the issuance of the 359th occupancy permit. This condition shall be understood to override said occupancy milestone. 100. Prior to Occupancy - Open Space Lot 411 (Fuel Modification Zones #1). Prior to the final occupancy of any of the following lots, 10 to 14, 26, or 35, whichever occurs first, the landscaping for the fuel modification zones within open space lot 411, adjacent to these lots, as shown on the TENTATIVE MAP and EXHIBIT L, shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." (Planning Condition No. 89) Note that approved EXHIBIT L states that the landscaping within the proposed fuel modification zones will be installed prior to the issuance of the 359th occupancy permit. This condition shall be understood to override said occupancy milestone. 101. Prior to Occupancy - Open Space Lot 411 (Fuel Modification Zones #2). Prior to the final occupancy of any of the following lots, 35, 36, 40 through 46, whichever occurs first, the landscaping for the fuel modification zones within open space lot 411, adjacent to these lots, as shown on the TENTATIVE MAP and EXHIBIT L, shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." (Planning Condition No. 89) Note that approved EXHIBIT L states that the landscaping within the proposed fuel modification zones will be installed prior to the issuance of the 359th occupancy permit. This condition shall be understood to override said occupancy milestone. 102. Prior to Occupancy - Open Space Lot 411 (Fuel Modification Zones #3). Prior to the final occupancy of any of the following lots, 51 through 54, whichever occurs first, the landscaping for the fuel modification zones within 37 open space lot 411, adjacent to these lots, as shown on the TENTATIVE MAP and EXHIBIT L, shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." (Planning Condition No. 89) Note that approved EXHIBIT L states that the landscaping within the proposed fuel modification zones will be installed prior to the issuance of the 359th occupancy permit. This condition shall be understood to override said occupancy milestone. 103. Prior to Occupancy - Open Space Lot 411 (Fuel Modification Zones #4). Prior to the final occupancy of any of the following lots, 57 through 60, whichever occurs first, the landscaping for the fuel modification zones within open space lot 411, adjacent to these lots, as shown on the TENTATIVE MAP and EXHIBIT L, shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." (Planning Condition No. 89) Note that approved EXHIBIT L states that the landscaping within the proposed fuel modification zones will be installed prior to the issuance of the 359th occupancy permit. This condition shall be understood to override said occupancy milestone. 104. Prior to Occupancy - Open Space Lot 411 (Fuel Modification Zones #5). Prior to the final occupancy of lot 134, the landscaping for the fuel modification zones within open space lot 411, adjacent to this lot, as shown on the TENTATIVE MAP and EXHIBIT L, shall be installed. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." (Planning Condition No. 89) Note that approved EXHIBIT L states that the landscaping within the proposed fuel modification zones will be installed prior to the issuance of the 359th occupancy permit. This condition shall be understood to override said occupancy milestone. 105. Prior to Occupancy - Construction of Trail. Prior to issuance of the 270th occupancy permit, the applicant shall build the entire trail as shown on the approved TENTATIVE MAP and approved trails plans. Upon completion of the constructed trail, the applicant shall arrange for an inspection of the trail with the City of Menifee Planning Department. Park Conditions 106. Open Space Lot 360 (Central Community Park Plans). Prior to the issuance of the 90th occupancy permit in the Tract Map, the central Community 38 Park in Lot 360, shall be offered for dedication to the City or other entity acceptable to the City of Menifee or an entity designated by the City of Menifee (e.g., Valley Wide Recreation and Park District) directly or through an appropriate mechanism as agreed to by the City and the applicant. Additionally, a minor plot plan application shall be submitted to and approved by the Planning Department showing the detailed park plans Lot 360. The plans shall show the landscape and irrigation plans, along with, but not limited to, any walls, fencing signage, playground equipment, park furniture, hardscape, and/or structures. This park plan shall all show the park with all topography, grading, and cross - sections. The plans shall be approved by the City or other entity acceptable to the City of Menifee. 107. Open Space Lot 360. Prior to issuance of the 180'h occupancy permit in the Tract Map, the central Community Park, as shown on the TENTATIVE MAP and EXHIBIT L shall be constructed and fully operable. The landscaping, including irrigation, must be consistent with the approved landscaping plans. The annexation to the City or an entity designated by the City of Menifee (e.g., Valley Wide Recreation and Park District) or other mechanism as agreed to by the City and the application for maintenance of Open Space To ensure that the landscaping is consistent with the approved plans, a landscape inspection will be required as summarized in the "Landscaping Installation Inspection." (Planning Condition No. 89) 39 40 General Conditions 108. Grading Requirements. Improvements such as grading, filling, over excavation and recompaction, and base or paving which require a grading permit are subject to the included Engineering Department conditions of approval. All grading shall conform to the California Building Code, Ordinance 457, and all other relevant laws, rules, and regulations governing grading in Riverside County and the City of Menifee and prior to commencing any grading which includes 50 or more cubic yards, the applicant shall obtain a grading permit from the Engineering Department. Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. 109. Slopes. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 110. Drainage Grade. Minimum drainage grade shall be 1% except on Portland cement concrete where .35% shall be the minimum. 111. Slope Setbacks. Observe slope setbacks from buildings & property lines per the Uniform Building Code as amended by Ordinance 457. 112. Parking Paving. All off-street parking areas which are conditioned to be paved shall conform to Ordinance 457 base and paving design and inspection requirements. 113. Paving Inspections. The developer/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. 114. Drainage Facilities. Provide drainage facilities and terracing in conformance with the Uniform Building Code's chapter on "Excavation and Grading." 115. Protect Downstream Properties. The land divider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the Transportation Department. 116. Off -site Drainage. The land divider shall accept and properly dispose of all off -site drainage flowing onto or through the site. In the event the Transportation Department permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage M purposes, the subdivider shall provide adequate drainage facilities and/or appropriate easements as approved by the Transportation Department. 117. Ordinance No. 460 and 461. With respect to the conditions of approval for the referenced tentative exhibit, the landowner shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with Ordinance 460, City Road Improvement standards (Ordinance 461) and to the satisfaction of the City Engineering Department. It is understood that the exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the exhibit to be resubmitted for further consideration. These Ordinances and all conditions of approval are essential parts and a requirement occurring in ONE is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the City Engineer. 118. Phasing. Should the applicant choose to phase any portion of this project, said applicant shall provide off -site access roads to City maintained roads as approved by the Engineering Department. 119. Traffic Study. The Engineering Department has reviewed the traffic study submitted for the referenced project. The study has been prepared in accordance with City -approved guidelines. We generally concur with the findings relative to traffic impacts. The Comprehensive General Plan circulation policies require a minimum of Level of Service 'C', except that Level of Service 'D' may be allowed in community development areas at intersections of any combination of secondary highways, major highways, arterials, urban arterial expressways or state highways and ramp intersections. The traffic study recommends improvements at intersections where deficiencies require mitigation and at intersections along the project frontage. Mitigation measures are required for all deficient intersections for the "existing plus ambient growth plus project conditions" scenario. Mitigation measures are required for "existing plus ambient growth plus project plus cumulative projects conditions" scenario for deficient intersections adjacent the project site or for unfunded improvements. As such, the proposed project is consistent with this General Plan policy. 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. 120. Scott Road and 1-215 Interchange CFD 05-8. The previously approved tract map (TR32277) was annexed into CFD 05-8 for the construction of the ultimate improvements of the 1-215/Scott Road interchange. 42 Prior to Final Map 121. Improvement Plans. Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineering Department. Completion of road improvements does not imply acceptance for maintenance by the City. 122. Easements. Any easement not owned by a public utility, public entity or subsidiary, not relocated or eliminated prior to final map approval, shall be delineated on the final map in addition to having the name of the easement holder, and the nature of their interests, shown on the map. 123. Lot Access Restrictions. Lot access shall be restricted on Holland Road and Briggs Road and so noted on the final map. 124. Signing and Striping Plans. Signing and striping plans are required for this project for Briggs Road, Holland Road and the tracts internal streets. The Plan shall be submitted to the City Traffic Engineer for approval. The Plan and all sign and marking designations shall conform to the requirements of the California Manual of Uniform Traffic Control Devices (CA MUTCD) Current Edition. The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Traffic Engineer. 125. Street Names. The land divider shall install street name sign(s) in accordance with Riverside County Standard No. 815 and 816 as directed by the Engineering Department at all tract intersections. 126. Design Coordination. The street design and improvement concept of this project shall be coordinated with TR30422 and TR31229. 127. Landscaping. The project proponent shall comply in accordance with landscaping requirements within public road rights -of -way, in accordance with Ordinance 461. Landscaping shall be improved within Holland Road and Briggs Road. Landscaping plans shall be submitted on standard County Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. 128. Soils Investigation. The developer/owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of-way. 129. Centerline. All centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50' tangent, measured from flowline/curbface or as approved by the Engineering Planning and Development Review Division Engineer. 43 130. Street Lights. 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. 131. L&LMD. The project proponent shall annex to L&LMD No. 89-1 Consolidated for streetlight power. The applicant shall contact the Engineering Department L&LMD No. 89-1-Consolidated Administrator and submit the following: 1) Completed Engineering Department application 2) Appropriate fees for annexation. 3) (2) Sets of street lighting plans approved by Engineering Department. 4) "Streetlight Authorization" form from SCE or other electric provider. 132. Maintenance. Assurance of continuing maintenance is required by filing an application for annexation into a Landscaping and Lighting Maintenance District No 89-1-Consolidated and/or Assessment District. 133. Road and Bridge Benefit District Fees. Prior to the recordation of the final map, or any phase thereof, the project proponent shall pay fees in accordance with Zone A of the Scott Road Road and Bridge Benefit District. 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. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit. 134. Benefit District. Should this project lie within any assessment/benefit district, the applicant shall, prior to recordation, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district. 135. Corner Cutbacks. All corner cutbacks shall be applied per Standard 805, Ordinance 461, except for corners at Entry streets intersecting with General Plan roads, they shall be applied per Exhibit 'C' of the Countywide Design Guidelines. 136. Utilities Underground. Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with ordinance 460 and 461, or as approved by the Engineering Department. The applicant is responsible for coordinating the work with the serving utility company. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. A written proof for initiating the design and/or application of the relocation issued by the utility company shall be submitted to the Engineering Department for verification purposes. 44 137. Graffiti Abatement. The project proponent shall file an application for annexation to Landscaping and Lighting Maintenance District No. 89-1- Consolidated for graffiti abatement of walls and other permanent structures along City maintained road rights -of -way. 138. Street Improvements. All roads shall be improved per the General Plan classifications and Traffic Impact Analysis (TIA) as noted below. All easements, vehicular access requirements and rights -of -way for roadways shall be granted to the City of Menifee. All street improvements, right-of-way and easement dedications as herein offered shall be complete prior to the issuance of certificate of occupancy. Briggs Road shall be constructed as a Major Highway per Riverside County Standard No. 93 with the following exceptions and/or additions to the Standard: a) An additional 2 feet of right-of-way will be required on the west side of Briggs Road along the tract boundary for landscaping purposes. The modified right-of-way requirements for the west side of Briggs Road within the tract boundary will be 61 feet. b) The Briggs Road street improvements shall include removal and reconstruction of the 12-foot northbound travel lane between the centerline of Holland Road and the southerly tract boundary. c) Meandering sidewalk conforming to the Riverside County Standard No. 404 shall be constructed along the Briggs Road frontage. d) Briggs Road shall be striped and signed to provide one 12-foot northbound travel lane, a 12-foot painted median with a 150-foot left turn lane at Lot EE and Lot FF, one 12-foot southbound through lane and one 14-foot right turn only lane for Lot EE and Lot FF. e) A split rail PVC fence and a 10' D.G. Community Trail, 10' from the curb line, shall be constructed within the 23' parkway (on the project side) as approved by the City Engineer. Holland Road shall be constructed as a Major Highway per Riverside County Standard No. 93 with the following exceptions and/or additions to the Standard: a) An additional 2 feet of right-of-way will be required on the south side of Holland Road along the tract boundary for landscaping purposes. The modified right-of-way requirements for the south side of Holland Road within the tract boundary will be 61 feet. b) Meandering sidewalk conforming to the Riverside County Standard No. 404 shall be constructed along the Holland Road frontage. c) The existing sidewalk or traffic signal standard foundation situated on the south side of Holland Road, easterly of the prolongation of Southshore Drive shall be reconstructed to eliminate tripping hazard. Details of improvement shall be submitted to the City Traffic Engineer for approval. d) Holland Road shall be striped and signed to provide one 12-foot to 16-foot westbound travel lane, a 12-foot painted median with a 150-foot left turn lane for Lot CC and Lot DD, one 12-foot eastbound through lane and one 14-foot right turn only lane for Lot CC, Lot DD and Briggs Road. 45 e) A split rail PVC fence and a 10' D.G. Community Trail, 10' from the curb line, shall be constructed within the 23' parkway (on the project side) as approved by the City Engineer. Entry Streets — Lots CC, DID, EE and FF shall be constructed to provide a 46- foot street section within a 76-foot right-of-way. The 46-foot street section shall provide for outbound traffic with one 10-foot left turn lane, one 10-foot right turn lane, and one 20-foot lane for inbound traffic and a 6-foot landscaped median island. The 15-foot parkway on each side of Lot CC, DD, EE and FF shall be constructed to provide a 5-foot meandering sidewalk conforming to Riverside County Standard No. 404 and landscaping as approved by the City of Menifee. Typical Streets — Lots Q, BB and GG shall be constructed to provide a 44-foot street section within a 66-foot right-of-way. The 44-foot street section shall provide one 14-foot left turn lane and one 8-foot parking lane on each side of the street(s). The 11-foot parkway on each side of Lots Q, BB and GG shall be constructed to provide a 6-foot landscaped parkway adjacent to the curb and a 5-foot sidewalk between the right-of-way and the landscaped parkway. Typical Streets — Lots T, U, V, and W abutting the Community Park shall be constructed to provide a 44-foot street section within a 66-foot right-of-way. The 44-foot street section shall provide one 14-foot travel lane and one 8-foot parking lane on each side of the street(s). The 11-foot parkway on each side of Lots T, U, V, and W shall be constructed to provide a 10-foot sidewalk and one foot buffer/landscaped area adjacent to the park and a 6-foot parkway adjacent to the curb and a 5-foot sidewalk between the right-of-way and the landscaped parkway. Typical Streets — Lots C through P, Lot R, Lots X through Z and Lot AA shall be constructed as Local Streets per Riverside County Standard No. 105A with the following exceptions and/or additions to the Standard: a) On both sides of each street, 5 feet of landscaping shall be provided adjacent to the curb. b) Two 20-foot wide by 4-inch high by 32-feet long speed tables shall be constructed on Lot F generally between Lots 45 and 79 and Lots 54 and 71. A detail of the speed table and proposed locations shall be submitted to the City Traffic Engineer for approval. 139. Site Access Improvements. Construct the following on -site and site adjacent improvements Construction of the following on -site and site adjacent improvements shall occur in conjunction with adjacent project development or as needed for project access purposes: Street CC/Holland Road - Install a stop control on the northbound approach and construct the intersection with the following: Northbound Approach: One left turn lane and one right turn lane Southbound Approach: N/A 46 Eastbound Approach: One through lane and one shared through -right turn lane. Westbound Approach: One left turn lane and one through lane. Street DD/Holland Road - Install a stop control on the northbound approach and construct the intersection with the following: Northbound Approach: One left turn lane and one right turn lane Southbound Approach: N/A Eastbound Approach: One through lane and one shared through -right turn lane. Westbound Approach: One left turn lane and one through lane. Briggs Road/Holland Road - Construct the intersection with the following geometries: Northbound Approach: One shared left -through -right turn lane. Southbound Approach: One shared left -through -right turn lane. Eastbound Approach: One shared left -through lane and one right turn lane. Westbound Approach: One shared left -through -right turn lane. Briggs Road/Street EE - Install a stop control on the eastbound approach and construct the intersection with the following geometries: Northbound Approach: One left turn lane and one through lane. Southbound Approach: One through lane and one shared through -right turn lane. Eastbound Approach: One left turn lane and one right turn lane Westbound Approach: N/A Briggs Road/Street FF - Install a stop control on the eastbound approach and construct the intersection with the following geometries: Northbound Approach: One left turn lane and one through lane. Southbound Approach: One through lane and one shared through -right turn lane. Eastbound Approach: One- left turn lane and one right turn lane Westbound Approach: N/A 140. Extend Water and Sewer Line. The landowner/developer shall extend a water and sewer line to the property line with the Briarcliff Equestrian Center property to the south. The exact location of the water and sewer line shall be determined during final design. However, the intended location of the extension shall be through the end of the cul-de-sac (Lot HH). 141. Traffic Signal Requirements. The project proponent shall comply in accordance with traffic signal requirements within public road rights -of -way, as directed by the Engineering 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). 47 142. Street Sweeping. Owner shall cause property to be annexed into CSA 152 or similar district or mechanism for the NPDES BMP of street sweeping, as approved by the City Engineer. Prior to Issuance of Gradinq Permit 143. Security Posting for Grading. Grading in excess of 199 cubic yards will require performance security to be posted with the Building and Safety Department. Single Family Dwelling units graded one lot per permit and proposing to grade less than 5,000 cubic yards are exempt. 144. Erosion Control. Erosion control - landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per the requirements of Ordinance 457, see form 284-47. 145. Submit Geotechnical Report. The developer shall comply with the recommendations of the Geotechnical Report prepared for the project. Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the Building and Safety Department's Grading Division for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City of Menifee.* 146. Grading and Drainage to Comply with Flood. All grading and drainage shall be designed in accordance with Riverside County Flood Control & Water Conservation District's conditions of approval regarding this application. If not specifically addressed in their conditions, drainage shall be designed to accommodate 100 year storm flows. Additionally, the City of Menifee Engineer's conditional approval of this application includes an expectation that the conceptual grading plan reviewed and approved for it complies or can comply with any WQMP (water Quality Management Plan) required by Riverside County Flood Control & Water Conservation District. 147. Easement or Permission for Grading. Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. 148. NPDES. Prior to issuance of any grading or construction permits - whichever comes first - the applicant shall provide the Building and Safety Department evidence of compliance with the following: "Effective March 10, 2003 owner operators of grading or construction projects are required to comply with the N.P.D.E.S. (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of "ONE" acre or larger. The owner operator can comply by 48 submitting a "Notice of Intent" (NOI), develop and implement a STORM WATER POLLUTION PREVENTION PLAN (SWPPP) and a monitoring program and reporting plan for the construction site. For additional information and to obtain a copy of the NPDES State Construction Permit contact the SWRCB at (916) 657- 1146. Additionally, at the time the county adopts, as part of any ordinance, regulations specific to the N.P.D.E.S., this project (or subdivision) shall comply with them. 149. Import/Export. In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the Building and Safety Department. If an Environmental Assessment, prior to issuing a grading permit, did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Community Development Director and the Environmental Programs Director for review and comment and to the Building and Safety Department Director for approval. Additionally, if the movement of import/export occurs using City roads, review and approval of the haul routes by the Engineering Department will be required. 150. Slope Protection. Provide slope protection for all manufactured slopes with filtration swales above them, then if they overflow drainage would not flow directly over an unprotected slope face. Protection could be in the form of a concrete down drain and spillway directing flow to the toe of the slope. 151. Overflow Facilities. Subsurface drainage, flowing in easements adjacent to or in lots for homes, shall provide emergency overflow facilities - in case the subsurface drainage is blocked - to prevent inundation of residential lots. Prior to Final Inspection 152. Slope Planting. Plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees as approved by the Engineering's Erosion Control Specialist. 153. Finished Grade. Finish grade shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one-half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. 154. Traffic Signals. The project proponent shall be responsible for the construction and installation of traffic signal controls. A 2-inch Schedule 40 PVC conduit with pull rope shall be installed between the existing traffic signal/pull box located on the south side of Holland Road at Southshore Drive and the southwest corner of Holland and Briggs Roads. The conduit, pull boxes and installation shall conform to the requirements if the Riverside County Section 23 Signalizations and Lighting. The conduit and pull box locations shall be shown on the Street Improvement Plans. 49 155. 80% Completion. Occupancy releases will not be issued by Building and Safety for any lot exceeding 80% of the total recorded residential lots within any map or phase of map prior to completion of the following improvements: a) Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. b) Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All curbs, gutters, sidewalks and driveway approaches shall be installed. c) Storm drains and flood control facilities shall be completed according to the improvement plans and as noted elsewhere in these conditions. Written confirmation of acceptance for use by the Flood Control District, if applicable, is required. d) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required. e) Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. f) Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with County Ordinance 461. 156. TUMF. Prior to the issuance of an occupancy permit, the project proponent shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to Ordinance No. 824. 157. Utilities Underground. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with ordinance 460 and 461, or as approved by the Engineering Department. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A certificate should be obtained from the pertinent utility company and submitted to the Department of Engineering as proof of completion. 158. L&LMD Annexation. Prior to issuance of an occupancy permit the project proponent shall complete annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for graffiti abatement of walls and other permanent structures along City maintained road rights -of -way. 50 159. Street Sweeping. Street sweeping annexation into CSA 152 or similar mechanism as approved by the City shall be completed. 160. Traffic Impact Analysis (TIA). The following mitigation measures were identified in the Tract TIA as necessary improvements to meet the City's required Level of Service. As none of the mitigation measures are site specific, the applicant shall participate in the funding or construction of offsite improvements, including traffic signals that are needed to serve cumulative traffic conditions, through the payment of Western Riverside County Transportation Uniform Mitigation (TUMF) fees, Road and Bridge Benefit District (RBBD) fees, City of Menifee Development Impact Fees (DIF), and/or through a fair share contribution directed by the City of Menifee. The fair share estimate and estimated mitigation cost shall require approval of the City Engineer. These fees are collected as part of the funding mechanism aimed at ensuring that regional highway and arterial expansions keep pace with the projected population increase. The mitigation impacts are as follows: Haun Road/Newport Road: • Provide additional green time to other approaches. • Implement right turn overlap phasing on the northbound right turn lanes. • Construct the 4th and 5tn eastbound through lanes and implement right turn overlap phasing on the east bound right turn lane. • Construct the 3`d and 4th westbound through lanes and dedicated westbound right turn lane. Haun Road/Holland Road: • Install a traffic signal. • Construct a northbound left turn lane, a 2"d northbound through lane and a northbound right turn lane. • Construct a southbound left turn lane, a 2"d southbound through lane and implement right turn overlap phasing on the southbound right turn lane. • Construct an eastbound left turn lane. • Construct a westbound left turn lane. Haun Road/Scott Road: • Construct a 2"d northbound left turn lane, a 2nd northbound through lane and a 2"d northbound right turn lane with overlap phasing. • Construct a 2"d southbound left turn lane, a 2"d southbound through lane and a southbound right turn lane. • Construct a 2"d eastbound left turn lane, the 2"d, 3`d'and 4"' eastbound through lanes. • Construct a 2nd westbound left turn lane, a 2"d and 3`d westbound through lanes and a 2nd westbound right turn lane with overlap phasing. 1-215 Southbound Ramps/Newport Road: • Construct the 3`d and 4ti' eastbound through lanes and an eastbound free - right turn lane. 51 • Construct the 3`d westbound through lane and dedicated westbound right turn lane. 1-215 Southbound Ramps/Scott Road: • Construct 2 southbound left turn lanes and re -stripe the existing south shared left -through lane as a 2"d right turn lane. • Construct the 2"d, 3`d and 4 h eastbound through lanes and an eastbound free - right turn lane. • Construct the 2nd and 3`d westbound through lanes and 2 westbound right turn lanes. 1-215 Northbound Ramps/Newport Road: • Construct the 2"d and 3`d eastbound through lanes and an eastbound free - right turn lane. • Construct the 3`d and 4t' westbound through lanes. 1-215 Northbound Ramps/Scott Road: • Re -stripe the existing northbound shared left -through lane as a through lane and construct a 2"d northbound right turn lane. • Construct 2 southbound right turn lanes. • Construct a 2"d eastbound left turn lane and the 2"d, 3`d and 4 h eastbound through lanes. • Construct the 2"d, 3`d and 4 h westbound lanes. Antelope Road/Newport Road: • Provide additional green time to other approaches. • Construct the 3`d eastbound through lane. • Construct the 2"d westbound through lane. Antelope Road/Scott Road: • Construct a 2nd eastbound left turn lane, the 3`d eastbound through lanes and an eastbound right turn lane with overlap phasing. • Construct the 3`d westbound through lane. Menifee Road/Newport Road: • Implement overlap phasing on the southbound right turn lane. • Construct a dedicated eastbound right turn lane. • Construct the 3`d westbound through lane. Menifee Road/Garbani Road: • Install a traffic signal • Construct a westbound left turn lane. Menifee Road/ Scott Road: • Construct a 2"d eastbound left turn lane and a dedicated eastbound right turn lane. • Construct a dedicated westbound right turn lane. 52 J)ection IV: ®ostr'oct Conffl'mns of ILA 53 General Conditions 161. General. Revised Tentative Tract Map No. 32277, Planning Application 2012-045, is a proposal to subdivide approximately 159 acres into 359 residential lots. The site is located on the southwest corner of Holland Road and Briggs Road. TR 32277 addresses water quality for developed land only. A preliminary WQMP for developed land 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. 162. Flood Hazard Report. This is a proposal to subdivide 158.75 acres into residential lots in the Menifee area. The site is located at the southwest corner of Briggs Road and Holland Road. The site lies at the base of steep hills. The site receives little tributary offsite storm flows. The majority of the site naturally drains in a northeasterly direction towards the intersection of Briggs Road and Holland Road. This area has little or no drainage infrastructure. The applicant proposes to drain the majority of the site via a proposed storm drain that would run west in Holland Road and then north in Southshore Drive approximately 1,230 feet to a box culvert constructed by Tract 30422-2. Emergency escape for the sump in "Lot U" would be provided in the parksite. An inlet in the park would allow for the area to drain. A minor area in "Lot DD" would drain across Holland Road and discharge within the existing road right of way. The applicant has proposed water quality bioswales along Briggs Road and Holland Road to mitigate the site's (and street runoff's) impacts to water quality. This basin would outlet to the proposed storm drain mentioned previously. The following criteria shall be applied to lots that backup to the hills: The criteria for maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular channel. Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. Storm drain inlets for areas draining directly off the hillside shall be bulked for debris flows. The developer proposes to shave off the top of the hill. Care should be taken as not to divert storm flows from their existing drainage patterns. 163. 10-Year Curb — 100 Year ROW. 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. The property shall be graded to drain to the adjacent street or an adequate outlet. 54 164. 100 Year Sump Outlet. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 165. Perp Drainage Patterns. The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, 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 District for review. 166. Major Facilities. Major flood control facilities are being proposed. These shall be designed and constructed to District standards including those related to alignment and access to both inlets and outlets. The applicant shall consult the District early in the design process regarding materials, hydraulic design, and transfer of rights of way. 167. Interceptor Drain Criteria. The criteria for maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular channel. Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street.. 168. WQMP. 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 (WQMP). The Final WQMP shall conform to the latest requirements set forth by the Santa Ana Regional Water Quality Control Board, order R8-2010-0033. 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. The developer has submitted a preliminary project specific WQMP. Infiltration methods must be utilized where feasible. An infiltration test, 55 including location of test pits, shall be included in the Final WQMP. If the infiltration test returns favorable results, infiltration BMPs shall be required. The developer has proposed to incorporate infiltration devises where feasible including using dry wells in catch basins. Additional infiltration devises may be required pending the results of actual infiltration testing. Easements shall be provided for all BMPs. If undeveloped area flows are comingled with developed area flow, then the entire comingled flow area shall be treated. 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. 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. On -site infiltration b. Bioretention cells, also known as rain gardens c. Green roofs d. Cisterns and rain barrels e. Pervious concrete, also called "porous pavement", similar to Permeable paving f. Grassed swales, also known as bioswales. 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. 169. Storm Water Pollution Prevention Plan (SWPPP). A Storm Water Pollution Prevent Plan will be required for the project. 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. It should include a copy of the WDID letter from the Board. 56 170. Submit Final WQMP — Prelim. 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.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. final Project Specific WQMP must be approved by the District 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 District prior to issuance of recommended conditions of approval. The developer has submitted a report that minimally meets the criteria for a preliminary project specific WQMP. The report will need significant revisions 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. 171. WQMP Establish Maintenance Entity. This project proposes BMP facilities that will require maintenance by a public agency or homeowner's association. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the District 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 District. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. 57 The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. 172. CC&Rs. The CC&R's for the development's Home/Property Owners Association (HOA/POA) shall contain provisions for all privately owned structural best management practices (BMPs) to be inspected, and if required, cleaned no later than October 15 each year. The CC&R's shall identify the entity that will inspect and maintain all structural BMPs within the project boundaries. A copy of the CC&R's shall be submitted to the District for review and approval prior to the recordation of the map. 173. Off -site Facilities (Southshore Drive). In addition to the onsite drainage, unless already constructed, this development shall construct approximately 1,260 lineal feet of the backbone drainage facility (9'-wide x 45- high RCB) from the northwesterly corner of the property northward along Southshore Drive and shall connect into a multiple reinforced concrete box culvert to be constructed across Southshore Drive approximately 1,260' north of Holland Road. 174. Off -site Facilities (Holland Channel System). In addition to the 1,260- foot facility within Southshore Drive, this development shall cause to have constructed the Holland Channel System (4-Cell 20'-wide x 6.5-high RCB), unless it has already been constructed by the developers of Tract No. 31229 and Tract No. 30422. 175. Coordinate Drainage. Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. 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 District for review. Prior to Final Map 176. Submit Plans. A copy of the improvement plans, grading plans, final map, environmental constraint sheet, BMP improvement plans, and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the District for review. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 177. Onsite Drainage. Onsite drainage facilities 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". 178. Offsite Drainage. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the District prior to 58 recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 179. Written Permission. Written permission shall be obtained from the affected property owners allowing the proposed grading and/or facilities to be installed outside of the tract boundaries. A copy of the written authorization shall be submitted to the District for review and approval. 180. Inspection and Maintenance. Inspection and maintenance of the flood control facility/ies to be constructed with this tract must be performed by either the City Engineering Department or the Flood Control District. The engineer (owner) must request in writing that one of these agencies accept the proposed system. The 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, Attn: Chief of the Planning Division. If the District is willing to maintain the proposed facility three items must be accomplished prior to recordation of the final map or starting construction of the drainage facility: 1) the developer shall submit to the District the preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the District and secure that right of way to the satisfaction of the District; 2) an agreement with the District and any maintenance partners must be executed which establishes the terms and conditions of inspection, operation and maintenance; and 3) plans for the facility must be signed by the District's General Manager -Chief Engineer. The plans cannot be signed prior to execution of the agreement. An application to draw up an agreement must be submitted to the attention of the District's Administrative Services Section. All right of way transfer issues must be coordinated with the District's Right of Way Section. The engineer/developer will need to submit proof of flood control facility bonds and a certificate of insurance to the District's Inspection section before a pre - construction meeting can be scheduled. 181. WQMP. A copy of the project specific WOMP shall be submitted to the District for review and approval. 182. CC&Rs. The CC&R's for the development's Home/Property Owners Association (HOA/POA) shall contain provisions for all privately owned structural best management practices (BMPs) to be inspected, and if required, cleaned no later than October 15 each year. The CC&R's shall identify the entity that will inspect and maintain all structural BMPs within the project boundaries. A copy of the CC&R's shall be submitted to the District for review and approval prior to the recordation of the map. Prior to Issuance of Gradinq Permit 183. 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 59 District for review. The plans must receive District approval prior to the issuance of grading permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 184. 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 District for review. 185. Offsite Drainage. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the District 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. 186. Phases. If the tract is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows. 187. WQMP. A copy of the project specific WQMP shall be submitted to the District for review and approval. Prior to Issuance of Buildinq Permit 188. 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 District for review. The plans must receive District approval prior to the issuance of building permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 189. WQMP. A copy of the project specific WQMP shall be submitted to the District for review and approval. Prior to Final Inspection 190. BMP Education. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of stormwater quality to all initial residents. The developer may obtain NPDES Public Educational Program materials from the 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 District's PLAN CHECK Department a notarized affidavit stating that the distribution of educational materials to the tenants is assured prior to the issuance of occupancy permits. 60 191. Acceptance of Facilities. The District will not release occupancy permits for any residential lot within the map or phase within the map prior to the District's acceptance of the drainage system for operation and maintenance. 192. BMPs Installed. 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 District will not release occupancy permits for any portion of the project exceeding 80% of the total recorded residential lots within the map or phase within the map prior to the completion of these tasks. 193. 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 District for review and approval prior to the issuance of occupancy permits. 61 oeotoon �o qnt� Mrs Deptartment oond oons of A pprova0 62 General Conditions 194. 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 building case number is required on all correspondence. 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. 195. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Dept. recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and / or recognized fire protection standards. 196. Blue Dot Reflectors Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants, prior to installation, placement of markers must be approved by the Riverside County Fire Dept. 197. Hydrant/Spacing Schedule A fire protection approved standard fire hydrants, (6"x4"x2-1/2") located one at each street intersection and spaced no more than 500 feet apart in any direction, with nor portion of any lot frontage more than 250 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 660 feet apart. Prior to Final Map 198. ECS Fuel Modification. ECS map must be stamped by the Riverside County Surveyor with the following note: Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not be limited to the following items: a) Fuel modification to reduce fire loading. B) Appropriate fire breaks according to fuel load, slope and terrain. C) Non-flammable walls along common boundaries between rear yards and open space. D) Emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500'. 3) A homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within the open space areas. Any habitat conservation issue affecting the Fire Department fuel modification requirement, shall have concurrent with the responsible wildlife and/or other conservation agency. 63 199. Water Plans. The applicant or developer shall furnish one copy of the water system plans to the Fire Dept. for review. Plans shall be signed by a registered civil engineer, containing a Fire Dept. 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 Dept. for signature. 200. Water System Installed Prior to Bldg. ECS map must be stamped by the Riverside County Surveyor with the following note: The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on any individual lots. Prior to Issuance of Gradinq Permit 201. Fuel Modification. Grading plans must be stamped by the Riverside County Surveyor with the following note: Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not be limited to the following items: a) Fuel modification to reduce fire loading. B) Appropriate fire breaks according to fuel load, slope and terrain. C) Nonflammable walls along common boundaries between rear yards and open space. D) Emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500'. 3) A homeowners association or appropriate district shall be responsible for maintenance of all fire protection measures within the open space areas. Any habitat conservation issue affecting the Fire Department fuel modification requirement shall have concurrence with the responsible wildlife and/or other conservation agency. Prior to Issuance of Buildinq Permit 202. Tract Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Dept. prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Dept. to inspect the required fire flow, street signs, all weather surface and all access primary and/or secondary. Approved water plans must be on the job site. Prior to Final Inspection 203. Sprinkler System Residential. Fire Sprinkler Systems shall be installed in all residences per NFPA 13D, 2010 Edition. Plans shall be submitted to the Fire Dept. for review and approval prior to installation. If any of the conditions are unclear, difficult to understand, or you would like to setup a meeting please, 64 feel free to contact AFM Daniel Wagner at (951) 955-4777 so that I can better assist you in the approval of this project. 65 Section VI: Riverside Coun Environmental Health Conditions of Approval General Conditions 204. Retention Basins. Any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisance. Prior to Final Map 205. Water System. A water system shall have plans and specifications approved by Eastern Municipal Water District and the Department, the City Engineering Department, of Environmental Health. 206. Financial Arrangements. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 207. Sewer System. A sewer system shall have mylar plans and specifications as approved by the Eastern Municipal Water District, the City Engineering Department and the Department of Environmental Health. 208. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. Prior to Issuance of Gradinq Permit 209. Removal/Abandonment of Any Existing OWTS and Wells. Prior to the issuance of a grading permit, the developer shall be required to property remove or abandon under permit with the Department of Environmental Health all existing onsite wastewater treatment systems (OWTS) and water wells. A grading plan showing the location of all existing OWTS and wells to be removed or abandoned shall be submitted to DEH for review and approval. DEH fees shall apply. 210. Preliminary Endangerment Assessment. Prior to the issuance of a grading permit, a Preliminary Endangerment Assessment (PEA) shall be conducted using newly acquired data as well as existing data. The PEA shall be conducted in accordance with the "Preliminary Endangerment Assessment Guideance Manual' (DTSC, June 1999), "Advisory on Methane Assessment and Common Remedies at School Sites (DTSC, 2005), and the "Interim Guidance for Sampling Agricultural Properties" (DTSC, 2008). These DTSC documents specify the frequency, locations, and analytical methods necessary to adequately evaluate areas of concern. Prior to conducting further sampling, a work plan shall be submitted and accepted by the Department of Environmental Health. The PEA and, if necessary, remediation shall be completed prior to grading. The PEA shall identify and evaluate potential chemicals of cocner and possible locations of these chemicals based on previous site use and locations of the associated operations. Some of the areas requiring additional assessment shall include, but may not be limited to: all storage tank areas, chemical storage, mixing, and application areas (including animal dipping vats), M equipment maintenance areas, the historic homestead area, all animal, processing, and storage barns/buildings, burn and/or waste disposal areas, dairy waste ponds, leach fields, areas where pesticides or other chemicals were applied, expanded methane testing, etc. For any further questions, please contact Yvonne Reyes, REHS, at (951) 955- 8982 or areves .rivcocha.org. 68 Section VII: Riverside County Environmental Programs Department Conditions of Approval 69 Prior to Issuance of Grading Permit 211. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre -construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the Environmental Programs Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. No ground disturbance, including disking, blading, grubbing or any similar activity shall occur within the site until the burrowing owl study is reviewed and approved. 212. Nesting Bird Survey. If grading is to occur for Revised Tentative Tract Map No. 2012-045 during the nesting season (February 1 — August 31), a nesting bird survey shall be conducted within 30 days prior to grading permit issuance. This survey shall be conducted by a qualified biologist holding an MOU with Riverside County. The findings shall be submitted to EPD for review and approval. 70 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) 71