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PC13-150Resolution PC 13-150 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING TENTATIVE PARCEL MAP NO. 36597 (PLANNING APPLICATION 2013-119 PM) FOR THE SUBDIVISION OF 13.08 GROSS ACRES EAST OF ZEIDERS ROAD AND NORTH OF CICCOTTI STREET Whereas, on June 10, 2013, the applicant, PacTen Partners, filed a formal application with the City of Menifee for the subdivision of 13.08 gross acres east of Zeiders Road and north of Ciccotti Street within the City of Menifee; and Whereas, on October 8, 2013, the Planning Commission held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Tentative Parcel Map No. 36597, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and, Whereas, at the October 8, 2013 Planning Commission public hearing, the Commission found that: Consistency with the General Plan. The tentative parcel 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 Light Industrial (LI) in the Community Development Foundation. The proposed project meets the requirements of the Community Development: Light Industrial General Plan land use designation. Surrounding General Plan Land Use designations are Light Industrial to the north and south, Estate Density Residential (EDR) to the west, and the City of Murrieta to the east. The project is consistent with the surrounding existing and planned industrial and residential land uses. The future proposed general plan land use designation for the property is Economic Development Corridor. The intent of this land use designation is to accommodate a variety of land use types within an individual property or development. The project is consistent with the existing general plan land use and there is a reasonable possibility that the project will be consistent with future general plan and therefore, shall not interfere with the future adopted general plan, including a housing element that is consistent with the state housing element law. The City of Menifee has two active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group. The project will be subject to the payment of fees for an industrial 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 Resolution No PC 13-150 PM36597/ Planning Case 2013-119 PM October 8. 2013 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 Industrial Park (I-P). The project is consistent with the existing zoning and development standards, Surrounding zoning includes Industrial Park (I-P) to the north, Industrial Park (I- P) and Manufacturing — Service Commercial (M-SC) to the south, Light Agriculture — 10-acre minimum (A-1-10) to the west, and City of Murrieta to the east. These classifications are compatible with the Industrial Park (I-P) zone of the project site. 3. Consistency with Ordinance 460 Regulating the Division of Land. The subdivision is a Schedule E subdivision of 13.08 gross acres. A Schedule E parcel map is defined as any division of land into two (2) or more parcels in commercial or industrial zones regardless of parcel size. The subdivision has been reviewed and conditioned for consistency with the requirements for streets, domestic water, fire protection, sewage disposal, fences, and electrical communication facilities. The subdivision is consistent with the Schedule E map requirements of Ordinance 460. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. Surrounding land uses include industrial and vacant uses to the north, industrial, single family residential, and vacant uses to the south, 1-215 and vacant uses to the east, and Zeiders Road and single family residential to the west. The proposed project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. Environmental impacts resulting from the project have been analyzed in a previously adopted EIR which determined impacts to air quality would potentially be significant, even with mitigation incorporated. The City Council previously adopted Findings of Overriding Considerations. Therefore, the project is not anticipated to 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. 5. Compliance with CEQA. No Further Environmental Documentation Required. All impacts related to the Development Agreement and Parcel Maps were analyzed in an Environmental Impact Report (SCH 2O06121062) prepared for the original plot plan applications (PP21452/22280/2009-006), which was adopted by the City of Menifee Planning Commission and City Council. No new environmental impacts have been identified. No further environmental review is required. The previously prepared EIR is still accurate and applicable for this approval. Resolution No PC 13-150 PM36597/ Planning Case 2013-119 PM October 8, 2013 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. Tentative Parcel Map No. 36597 (Planning Case No. 2013-119), is approved subject to the Conditions of Approval as set forth in Exhibit "1" to this Resolution and as approved by the Planning Commission on October 8. 2013. PASSED, APPROVED AND ADOPTED (THIS Nn DAY OF OCTOBER 2013. Matthew ATTEST: JeJ�rAllen, Planning Commission Secretary Approved as to form: IN Ar Ill �� 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.cityofinenifee.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. PC13-150 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 81h day of October, 2013 by the following vote: Ayes: Liesemeyer, Matelko, Phillips, Sobek, Thomas Noes: None Absent: None Abstain: None nnifer Allen, Planning Commission Secretary Resolution PC 13-150 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING TENTATIVE PARCEL MAP NO. 36597 (PLANNING APPLICATION 2013-119 PM) FOR THE SUBDIVISION OF 13.08 GROSS ACRES EAST OF ZEIDERS ROAD AND NORTH OF CICCOTTI STREET Whereas, on June 10, 2013, the applicant, PacTen Partners, filed a formal application with the City of Menifee for the subdivision of 13.08 gross acres east of Zeiders Road and north of Ciccotti Street within the City of Menifee; and Whereas, on October 8, 2013, the Planning Commission held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Tentative Parcel Map No. 36597, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and, Whereas, at the October 8, 2013 Planning Commission public hearing, the Commission found that: Consistency with the General Plan. The tentative parcel 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 Light Industrial (LI) in the Community Development Foundation. The proposed project meets the requirements of the Community Development: Light Industrial General Plan land use designation. Surrounding General Plan Land Use designations are Light Industrial to the north and south, Estate Density Residential (EDR) to the west, and the City of Murrieta to the east. The project is consistent with the surrounding existing and planned industrial and residential land uses. The future proposed general plan land use designation for the property is Economic Development Corridor. The intent of this land use designation is to accommodate a variety of land use types within an individual property or development. The project is consistent with the existing general plan land use and there is a reasonable possibility that the project will be consistent with future general plan and therefore, shall not interfere with the future adopted general plan, including a housing element that is consistent with the state housing element law. The City of Menifee has two active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group. The project will be subject to the payment of fees for an industrial 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 Resolution No PC 13-150 PM36597/ Planning Case 2013-119 PM October 8, 2013 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 Industrial Park (I-P). The project is consistent with the existing zoning and development standards, Surrounding zoning includes Industrial Park (I-P) to the north, Industrial Park (I- P) and Manufacturing — Service Commercial (M-SC) to the south, Light Agriculture — 10-acre minimum (A-1-10) to the west, and City of Murrieta to the east. These classifications are compatible with the Industrial Park (I-P) zone of the project site. 3. Consistency with Ordinance 460 Regulating the Division of Land. The subdivision is a Schedule E subdivision of 13.08 gross acres. A Schedule E parcel map is defined as any division of land into two (2) or more parcels in commercial or industrial zones regardless of parcel size. The subdivision has been reviewed and conditioned for consistency with the requirements for streets, domestic water, fire protection, sewage disposal, fences, and electrical communication facilities. The subdivision is consistent with the Schedule E map requirements of Ordinance 460. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. Surrounding land uses include industrial and vacant uses to the north, industrial, single family residential, and vacant uses to the south, 1-215 and vacant uses to the east, and Zeiders Road and single family residential to the west. The proposed project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. Environmental impacts resulting from the project have been analyzed in a previously adopted EIR which determined impacts to air quality would potentially be significant, even with mitigation incorporated. The City Council previously adopted Findings of Overriding Considerations. Therefore, the project is not anticipated to 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. 5. Compliance with CEQA. No Further Environmental Documentation Required. All impacts related to the Development Agreement and Parcel Maps were analyzed in an Environmental Impact Report (SCH 2O06121062) prepared for the original plot plan applications (PP21452/22280/2009-006), which was adopted by the City of Menifee Planning Commission and City Council. No new environmental impacts have been identified. No further environmental review is required. The previously prepared EIR is still accurate and applicable for this approval. Resolution No PC 13-150 PM36597/ Planning Case 2013-119 PM October 8, 2013 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. Tentative Parcel Map No. 36597 (Planning Case No. 2013-119), is approved subject to the Conditions of Approval as set forth in Exhibit "1" to this Resolution and as approved by the Planning Commission on October 8, 2013. PASSED, APPROVED AND ADOPTED THIS 8" DAY OF OCTOBER 2013, BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: ABSTAIN: Matthew Liesemeyer, Chair ATTEST: Kathy Bennett City Clerk Approved as to form: Julie Biggs, City Attorney EXHIBIT &ti ll Conditions of Approval for Tentative Parcel Map No. 36597 (Planning Application 2013-119 Tentative Parcel Map) Schedule E Subdivision Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Conditions of Approval PM36597 (Planning Application No. 2013-119) 1 of 33 Section I: Conditions Applicable to all Departments Conditions of Approval PM36597 (Planning Application No. 2013-119) 2 of 33 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Parcel Map No. 36597 shall be henceforth defined as follows: TENTATIVE MAP = Tentative Parcel Map No. 36597, dated August 15, 2013, (Planning Application No. 2013-119) FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. PLOT PLAN = Approved Plot Plan No. 22280/2009-006 DEVELOPMENT AGREEMENT = Development Agreement by and between City of Menifee and Zeiders Road Business Park, Inc. and Commerce Pointe II Menifee Inc. Regarding the Commerce Pointe Project EIR = Environmental Impact Report (SCH 2O06121062) certified by City Council Resolution No. 09-66 on April 7, 2009. MMRP = Mitigation Monitoring Program adopted by City Council Resolution No. 09-66 on April 7, 2009. 2. Description. The TENTATIVE MAP proposes a Schedule E subdivision of 13.08 gross acres into 6 parcels ranging in size from 1.35 net acres to 2.04 net acres and for condominium purposes for an unspecified number of condominium units within the Commerce Pointe Development. The parcels are designated for industrial/office use pursuant to the PLOT PLAN. All improvements to the site and off -site shall conform to the plans and conditions of approval of the PLOT PLAN and the EIR, MMRP and the terms of the DEVELOPMENT AGREEMENT. 3. 90 Days. The developer/owner has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 4. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City ") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this tentative map or the City's approval thereof, or from any proceedings against or brought against the City, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the TENTATIVE MAP. Conditions of Approval PM36597 (Planning Application No. 2013-119) 3of33 5. Newly Incorporated City. The City of Menifee is a new City, incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Permitee agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The permitee acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Comply with Ordinance 460. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule E, unless modified by the DEVELOPMENT AGREEMENT, EIR, or the conditions listed herein. 7. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the Menifee Planning Commission's original approval date, unless extended as provided pursuant to the DEVELOPMENT AGREEMENT, Subdivision Map Act, Ordinance No. 460 or subsequent ordinance adopted by the City. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires before the recordation of the final phase, no further FINAL MAP recordation shall be permitted. 8. Development Agreement. This project is subject to the DEVELOPMENT AGREEMENT, which applies to the entire Commerce Pointe project. The TENATIVE MAP shall comply with the requirements within the DEVELOPMENT AGREEMENT. To the extent any of these conditions are in conflict with the DEVELOPMENT AGREEMENT, the DEVELOPMENT AGREEMENT shall supersede the Condition of Approval contained herein. 9. EIR/MMRP. The project site is subject to the EIR/MMRP. The City and applicant acknowledge and agree that all future development shall comply with the EIR/MMRP. Each FINAL MAP and the required improvements shall comply with the conditions of approval of the PLOT PLAN and the EIR, MMRP, and DEVELOPMENT AGREEMENT. The permittee shall prepare and submit a written report to the Planning Director demonstrating compliance with the EIR/MMRP. The Community Development Director may require inspection or other monitoring to ensure such compliance Conditions of Approval PM36597 (Planning Application No. 2013-119) 4of33 10. No Grading or Building Permits. Planning Application 2011-119 Tentative Parcel Map (PM36597) is for a Schedule E subdivision. No grading or building permits shall be issued pursuant to this subdivision. Conditions pertaining to grading and building permits shall refer to the PLOT PLAN. Conditions of Approval PM36597 (Planning Application No. 2013-119) 5 of 33 Planning Section II: 11 ►onditions of Approval Conditions of Approval PM36597 (Planning Application No. 2013-119) 6 of 33 Prior to Final Map 11. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the developer/owner shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. 12. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 13. Common Area Maintenance. PRIOR TO MAP RECORDATION, the following procedures for common area maintenance procedures shall be complied with: a. A permanent master maintenance organization shall be established for the project area, to assume ownership and maintenance responsibility for all common recreation, open space, circulation systems and landscaped areas. The organization may be public or private. Merger with an area -wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for ownership and maintenance. If the organization is a private association then neighborhood associations shall be established for each residential development, where required, and such associations may assume ownership and maintenance responsibility for neighborhood common areas. b. Unless otherwise provided for in these conditions of approval, common open areas shall be conveyed to the maintenance organization as implementing development is approved or any subdivision as recorded. c. The maintenance organization shall be established prior to or concurrent with the recordation of the first land division. 14. CCR's Public Common Area. Prior to map recordation, if the permanent master maintenance organization referenced in the condition entitled "Common Area Maintenance" is a public organization: "The applicant shall convey to the City fee simple title, to all common open space areas, free and clear of all liens, taxes, assessments, leases (recorded or unrecorded) and easement, except those easements which in the sole discretion of the City are acceptable. As a condition precedent to the City accepting title to such areas, the applicant shall notify the Planning Department that the following documents shall be submitted to the City Attorney and submit said documents for review along with the current fee, which shall be subject to the City Attorney approval: a. 1. A cover letter identifying the project for which approval is sought and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; Conditions of Approval PM36597 (Planning Application No. 2013-119) 7 of 33 b. A signed and notarized declaration of covenants, conditions and restriction. Attached to these documents there shall be included a legal description of the property included within the CC&Rs and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor; c. A sample document, conveying title to the purchaser of an individual lot or unit, which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, d. A deposit equaling three (3) hours of the current hourly fee for Review if Covenants, Conditions and Restrictions established pursuant to the City fee schedule at the time the above referenced documents are submitted for City Attorney review. The declaration of covenants, conditions and restrictions submitted for review shall a) provide for a minimum term of 60 years, b) provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit, and c) contain the following provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: The property owners' association established herein shall, if dormant, be activated, by incorporation or otherwise, at the request of the City of Menifee, and the property owners' association shall unconditionally accept from the City of Menifee, upon the City's demand, title to all or any part of the 'common area.' Such acceptance shall be through the president of the property owner's association, who shall be authorized to execute any documents required to facilitate transfer of the 'common area'. The decision to require activation of the property owners' association and the decision to require that the association unconditionally accept title to the 'common area' shall be at the sole discretion of the City of Menifee. In the event that the 'common area', or any part thereof, is conveyed to the property owners' association, the association, thereafter, shall own such 'common area', shall manage and continuously maintain such 'common area', and shall not sell or transfer such 'common area' or any part thereof, absent the prior written consent of the Community Development Director of the City of Menifee. The property owners' association shall have the right to assess the owner of each individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This declaration shall not be terminated, 'substantially' amended, or property de -annexed there from absent the prior written consent of the City of Menifee Community Development Director or the City's successor -in -interest. A proposed amendment shall be considered 'substantial' if it affects the extent, Conditions of Approval PM36597 (Planning Application No. 2013-119) 8 of 33 usage or maintenance of the 'common area' established pursuant to this Declaration. In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." Once approved, the copy and the original declaration of CC&Rs shall be forwarded by the City Attorney and the Plan Division will retain the one copy for the case file and notarized original declaration of covenants, the City Engineer for safe keeping until the final The City Engineer shall record the original conjunction with the recordation of the final map. ling Division. The Planning , and forward the wet signed conditions and restrictions to map is ready for recordation. declaration of CC&Rs in 15. CCR's Private Common Area. PRIOR TO MAP RECORDATION if the permanent master maintenance organization referenced in the condition entitled "Common Area Maintenance" is a private organization: "The applicant shall notify the Planning Department that the following documents shall be submitted to the City Attorney and submit said documents for review along with the current fee, which shall be subject to City Attorney approval: e. A cover letter identifying the project for which approval is sought and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; f. A signed and notarized declaration of covenants, conditions and restriction. Attached to these documents there shall be included a legal description of the property included within the CC&Rs and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor; g. A sample document, conveying title to the purchaser of an individual lot or unit, which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, h. A deposit equaling three (3) hours of the current hourly fee for Review if Covenants, Conditions and Restrictions established pursuant to the City fee schedule at the time the above referenced documents are submitted for City Attorney review. The declaration of covenants, conditions and restrictions submitted for review shall: provide for a minimum term of 60 years, provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit, Conditions of Approval PM36597 (Planning Application No. 2013-119) 9 of 33 provide for ownership of the common area by either the property owners' association or the owners of each individual lot or unit as tenants in common. i. The declaration of CC&Rs shall contain the following provisions verbatim: "Notwithstanding, any provision in this Declaration to the contrary, the following provisions shall apply: The property owners' association established herein shall manage and continuously maintain the 'common area', more particularly described on the Specific Plan Land Use Plan, attached hereto, and shall not sell or transfer the 'common area' or any part thereof, absent the prior written consent of the Community Development Director of the City of Menifee. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area' and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This Declaration shall not be terminated, 'substantially amended, or property de -annexed there from absent the prior written consent of the Community Development Director of the City of Menifee. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' established pursuant to this Declaration. In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." Once approved, the copy and the original declaration of CC&Rs shall be forwarded by the City Attorney and the Planning Division. The Planning Division will retain the one copy for the case file, and forward the wet signed and notarized original declaration of covenants, conditions and restrictions to the City Engineer for safe keeping until the final map is ready for recordation. The City Engineer shall record the original declaration of CC&Rs in conjunction with the recordation of the final map. 16. CC&R C/I POA COM. EASE. The land divider shall (a) notify the Planning Department that the following documents shall be shortly, or have been, submitted to the City Attorney for the review and approval of that office, and (b) the land divider shall submit to the City Attorney the following documents: 1. A cover letter identifying the project for which approval is sought referencing Conditions of Approval PM36597 (Planning Application No. 2013-119) 10 of 33 the Planning Department case number(s) (a copy of this cover letter may be sent to the Planning Department to serve as notification) and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; and 2. One (1) copy AND one (1) original, wet signed, notarized and ready for recordation declaration of covenants, conditions, and restrictions; attached to these documents there shall be included a legal description of the property included within the covenants, conditions and restrictions and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor; and 3. A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of covenants, conditions, and restrictions is incorporated therein by reference; and, 4. A deposit equaling three (3) hours of the current hourly fee for the Review of Covenants, Conditions and Restrictions established pursuant to County Ordinance No. 671 at the time the above referenced documents are submitted to the City Attorney for review and approval. The declaration of covenants, conditions and restrictions submitted for review shall a) provide for a minimum term of 60 years, b) provide reciprocal easements for ingress, egress and parking, c) provide for the establishment of a property owner's association comprised of the owners of each individual parcel, and d) contain the following provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: The property owners' association established herein shall manage and continuously maintain the 'landscape area', more particularly described on the TENTATIVE MAP, attached hereto. The property owners' association shall have the right to assess the owners of each individual parcel for the reasonable cost of maintaining such 'landscape 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 deannexed therefrom absent the prior written consent of the City of Menifee Community Development Director or the City's successor -in -interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage, or maintenance of the 'landscape area' or any reciprocal easement 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." Conditions of Approval PM36597 (Planning Application No. 2013-119) 11 of 33 W#** Once approved, the copy and the original declaration of covenants, conditions and restrictions shall be forwarded by the City Attorney to the Planning Department. The Planning Department will retain the one copy for the case file, and forward the wet signed and notarized original declaration of covenents, conditions and restrictions to the County Transporation Department - Survey Division - for safe keeping until the final map is ready for recordation. The County Transporation Department - Survey Division - shall record the original declaration of covenents, conditions and restrictions in conjunction with the recordation of the final map. 17. ECS. The developer/owner shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. 18. Dark Sky Ordinance. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by the Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with the Dark Sky Ordinance." 19. Survey Checklist. The Engineering Department shall review any FINAL MAP and ensure compliance with the following: A. All parcels on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. B. All lots on the FINAL MAP shall comply with the length to width ratios, as established by Section 3.8.C. of Ordinance No. 460. C. The total number of parcels on the final map shall be 18. D. The total amount of condominium units shall be noted on the FINAL MAP for recordation. 20. Reciprocal Access. The final map shall include the reciprocal access easement as shown on the TENTATIVE MAP for recordation with the final map. 21. 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. Conditions of Approval PM36597 (Planning Application No. 2013-119) 12 of 33 Conditions of Approval PM36597 (Planning Application No. 2013-119) 13 of 33 Section III: En ineerinq/Transportation Gradinq Conditions of Approval Conditions of Approval PM36597 (Planning Application No. 2013-119) 14 of 33 The Engineering Department recommends the following additional conditions of approval for this project. Unless stated otherwise, all conditions shall be completed by the applicant at not cost to the City or any other Government Agency: III.A GENERAL ENGINEERING CONDITIONS: 22. Construction Times of Operation. Any construction within the City limits located 1/4 of a mile from an occupied residence shall be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.020. Construction on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. III.A.1 Circulation and Dedications 23. ADA Compliance — ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the City Engineer and City Building Official. 24. Off -Site Parking. This project shall not have off -site parking on the street. 25. Traffic Signal Mitigation Program - The applicant shall participate in the Traffic Signal Mitigation Program as approved by the City Council. 26. TUMF Fee Credit — This project is not eligible for fee credit against Development Impact Fees or other fees received by the City. Any credit of transportation Uniform Mitigation Fees is governed by WRCOG. 27. Driveways — The following designations shall describe the locations of the project driveway access points. Westerly Driveway — Proposed westerly driveway on Zeiders Road at Parcel 4. Southerly Driveway — Proposed southerly driveway on Ciccotti Street on the north side between Parcel 2 and 3. Easterly Driveway — Proposed easterly driveway on Bailey Park Blvd. on Parcel 2. The two proposed driveways shall be constructed prior to building occupancy. 28. Driveway Approaches — Commercial Driveway approaches shall be designed per Modified County of Riverside standard 207A. The sidewalk across the driveway approach shall be in the public right of way. Conditions of Approval PM36597 (Planning Application No. 2013-119) 15of33 29. Paving — Roadway Paving shall conform to Ordinance 461. The applicant/applicant shall be responsible for obtaining the paving inspections required by Ordinance 457. Road Improvements 30. Zeiders Road shall be improved within a dedicated right-of-way to provided for a modified urban arterial highway standards per County Standard 93. All easements and right -of way for roadways shall be granted to the City of Menifee. The parkway areas behind the street curb within the right-of-way, not including the handicap ramps shall be landscaped and irrigated and maintained by the L&LMD in accordance with their requirements. 31. Bailey Park Blvd. shall be improved within a dedicated right-of-way to provide for a part -width Industrial Collector, standards per County Standard 111 with a 5' modified shoulder. All easements and right -of way for roadways shall be granted to the City of Menifee. 32. Ciccotti Street shall be improved within a dedicated right-of-way to provide for a full -width Industrial Collector, standards per County Standard 111. 33. Encroachment Permits — All work to be performed in City, State, or local agency right-of-way shall obtain all required encroachment permits and clearances prior to commencement of work. 34. Concrete Work — All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed with concrete having a 28 day minimum strength of 3,250 psi. 35. Landscape and Lighting Maintenance District (ULMD) - The applicant shall submit to the City or its designee, the Transportation Department L&LMD Administrator the following: a. Completed Engineering Department application b. (2)Sets of street lighting plans approved by Engineering Department. c. (2)Sets of landscape and irrigation plans approved by Engineering Department. d. Appropriate fees for annexation. e. "Streetlight Authorization" form from SCE, IID or other electric provider. 36. Assessment Districts - Should this project lie within any assessment/benefit district, the applicant shall, prior to issuance of a building permit, make Conditions of Approval PM36597 (Planning Application No. 2013-119) 16of33 application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district. 37. Sewer Lines — All sewer line alignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Ordinances 460/461 and Eastern Municipal Water District standards. 38. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of Riverside County Ordinance No. 460 and/or No. 787, subject to the approval by Eastern Municipal Water District and the Riverside County Fire Department. 39. Dry Utility Installations - 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. 111.A.2 Grading and Drainage 40. General Grading Conditions - All grading shall conform to the latest edition of the latest adopted edition of the California Building Code, City General Plan, Ordinance 457 and all other relevant laws, rules and regulations governing grading in the City. Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading notice: Operators of construction projects are required to comply with the National Pollutant Discharge Elimination System (NPDES) Construction Permit from the State Water Resources Control Board (SWRCB). The Construction Permit requirement applies to this project and the applicant may obtain compliance by electronically submitting a Notice of Intent (NOI) and monitoring plan for the construction site. For additional information and to obtain a copy of the NPDES state construction permit, contact SWRCB. 41. Grading Permit for Clearing and Grubbing - Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading. 42. Geotechnical and Soils Reports Submittals - All grading shall be done in conformance with the recommendations of the included geotechnical/soils reports and under the general direction of a licensed geotechnical engineer. Geotechnical/soils reports shall be submitted to the City Engineering Department for approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City. The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the Riverside County Geotechnical Guidelines for Review of Geotechnical and Geologic Reports. A pre -grading Conditions of Approval PM36597 (Planning Application No. 2013-119) 17 of 33 meeting, certifications, approvals and inspection procedures will be implemented per the City Building and Safety Grading Inspection process. 43. Grading Bonds - Grading in excess of 199 cubic yards will require performance security to be posted with the City Engineering Department. 44. 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 City Engineering Department. Additionally, if either location was not previously approved by an Environmental Assessment, prior to issuing a grading permit a Grading Environmental Assessment shall be submitted to the City Engineering Department for review and comment and to the Menifee City Engineer for approval. A haul route must be submitted and approved by the Engineering department prior to grading operations. 45. Offsite Grading Easements - Prior to the issuance of a grading permit, it shall be the sole responsibility of the applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. A notarized agreement and recorded documents shall be submitted to the Engineering Department, 46.2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 47. Slope Erosion Control Plan - Erosion control - landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per the requirements of Ordinance 457. 48. Erosion Control - Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year round in compliance with the State Water Resources Control Board (SWRCB) General Construction Permit. Additional erosion protection may be required during the rainy season from October 15 to April 15 49. Dust Control - During the actual grading, all necessary measures to control dust shall be implemented by the applicant in accordance with AQMD requirements. A watering device shall be present and in use at the project site during all grading operations. 50. Design Criteria: a. On -Site Parking — Parking stalls and driveways shall not have grade breaks exceeding 4%. A 50' minimum vertical curve shall be provided where grade breaks exceed 4%. 5% grade is the maximum slope for any parking area. Conditions of Approval PM36597 (Planning Application No. 2013-119) 18 of 33 b. Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into the drainage system underground or outlet with appropriate velocity reducers into BMP devises. c. Slopes - All manufactured slopes exceeding 3' shall have some type of drainage swale at the toe of the slope to collect any runoff. d. Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%. Any of the above considerations may require a redesign of the project. Significant redesigns may require a revised Plot Plan. 51. Drainage Grade - Minimum drainage design grade shall be 1% except on Portland cement concrete surfaces where 0.5% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1 % with a justification for a lesser grade. 52. Maximum and minimum grade Advice - Engineer of record is advised to not base the design on minimum and maximum grades for ADA and project grading design to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector. It will need to be removed and replaced at owner's expense. 53. Drainage Facilities and Terracing - Provide drainage facilities and terracing in conformance with Section J109 of the California Building Code. 54. Perpetual Drainage Patterns - The property's grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, 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. 55. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100 year storm flows as approved by the City of Menifee. 56. Flood Hazard Report. 57. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. III.A. 3 NPDES and WQMP 58. WQMP. This development is located within the San Jacinto River watershed, and all onsite storm runoff is tributary to Canyon Lake. In compliance with Conditions of Approval PM36597 (Planning Application No. 2013-119) 19 of 33 Santa Ana Regional Water Quality Control Board Order Number NPDES - R8- 2010 - 0033, 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 or Santa Margarita 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, Storm Water 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 Engineering Department prior to issuance of building or grading permits. Projects requiring Project Specific WQMPs are required to submit a PRELIMINARY Project Specific WQMP along with the land -use application package. The format of the PRELIMINARY report shall mimic the format/template of the final report but can be less detailed. For example, points a, b & c above must be covered, rough calculations supporting sizing must be included, and footprint/locations for the BMPs must be identified on the tentative exhibit. Detailed drawings will not be required. This preliminary project specific WQMP must be approved by the City prior to issuance of recommended conditions of approval. The developer has submitted a report that meets the criteria for a preliminary project specific WQMP; however, additional revisions to the PWQMP may be required during the Final WQMP approval. The following revisions may be required: a. An infiltration test is required for infiltration treatment. b. Infiltration calculations per the Riverside County Stormwater Quality BMP Handbook. c. BMP design flow backup calculations were not included in Preliminary WQMP. The final WQMP shall contain the backup calculations. Additional BMPs may be required if BMP design flow rates differ from Preliminary WQMP. 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: Conditions of Approval PM36597 (Planning Application No. 2013-119) 20 of 33 i. Bioretention cells, also known as rain gardens ii. Cisterns and rain barrels iii. Green roofs iv. Pervious concrete, also called "porous pavement", similar to Permeable paving v. Grassed swales, also known as bioswales. vi. On -site infiltration WQMP Report shall address restaurant BMPs such as cleaning restaurant floor mats, cleaning exhaust filters, kitchen grease, kitchen recyclable oil, meat fat, cleaning grease interceptor or trap etc. A grease interceptor/trap shall be provided and shown on the WQMP Site Plan. 59. BMP Facilities Maintenance. This project proposes BMP facilities that will require maintenance by public agency or commercial property owner association. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the City will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMP's in perpetuity. This may consist of mechanism to assess individual benefitting property owners or other means approved by the City. The site's treatment control BMP's must be shown on the project's improvement plans — either the street plans, grading plans, or landscape plans. The type of improvement plans that will show the BMP's will depend on the selected maintenance entity. 111.13 PRIOR TO GRADING PERMIT ISSUANCE: III.B.1 Circulation and Dedications 60. 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. 61. Signing and Striping Plan - A signing and striping plan conforming to all requirements, conditions, and provisions of the CAMUTCD is required for this project. The applicant shall be responsible for any additional paving required to implement 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 Engineer. 62. Construction Traffic Control Plan - Prior to commencement of construction of any kind, the applicant shall submit to the City Engineering Department for approval a Construction Traffic Control Plan in compliance with the latest CAMUTCD standards. This plan shall address impacts from truck traffic, noise, and dust and shall propose measures to minimize these effects and Conditions of Approval PM36597 (Planning Application No. 2013-119) 21 of 33 provide for safe use of the roads during construction. Included in this plan shall be the Traffic Safety Plan for construction impacts in the road right-of- way. This plan shall specify, for each phase, what measures are required to mitigate the following: a. Dust and dirt fallout from truck loads and from entrainment onto City roadways. Street sweeping is required biweekly during construction activity and daily during all grading operations. Corrugated steel panels, gravel, and wheel washing BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise mitigation from truck traffic, including timing of construction, and operation of vehicles through the surrounding residential streets. c. Traffic safety within the road right-of-way including temporary traffic control measures and devices. 63. Sight Distance Exhibit - A separate line of sight exhibit shall be provided with grading plans to verify adequate sight distance requirements by showing the limited use areas on the grading plan. 64. Ordinances 461 - With respect to the conditions for tentative exhibits, the applicants shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with Riverside County Road Improvement Standards (Ordinance 461). It is understood that the exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's. These Ordinances and all conditions of approval are essential parts and a requirement occurring in one is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the City Engineering Department. 111.B.2 Grading and Drainage 65. General Grading Introduction - Improvements such as grading, filling, over excavation and re -compaction, and base or paving which require a grading permit are subject to the included City Grading conditions of approval. 66. No Building Permit without Grading Permit - Prior to issuance of any building permit, the property applicant shall obtain a grading permit and/or approval to construct from the City Engineering Department. 67. Plan Submittals - Two (3) copies of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City Engineering Department for review. The plans shall receive City approval prior to issuance of grading permits. All submittals shall be date stamped by the engineer and include the appropriate plan check deposits. All large format plans shall be bulk folded to 9"x12". A CD of all items shall be submitted with each plan check. A scanned Conditions of Approval PM36597 (Planning Application No. 2013-119) 22 of 33 image of the final approved improvement plans shall be provided to the City. ACAD files 2004 or later are required for all final maps upon approval. 68. Improvement Plans. A copy of the BMP improvement plans along with any necessary documentation shall be submitted to the City for review. A copy of the improvement plan and grading plan shall be included for reference. The plans must receive the City's approval prior to issuance of 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. 69. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over and cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. Final determination of the foundation characteristics of soils within on -site development areas shall be performed by a geotechnical engineer 111.8.3 NPDES and WQMP 70. Preliminary WQMP. The developer has submitted a report that minimally meets the criteria for a preliminary project specific WQMP. The report will need revisions to meet the requirements of a final project specific WQMP. Redesign of BMPs or additional BMPs may be required. Also, it should be noted that if 401certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. 71. Final WQMP - A Final WQMP shall be submitted for review and approval by the City Engineering Department for all ongoing drainage facilities and maintenance. The Final WQMP shall conform to the latest requirements set forth by the Regional Water Quality Control Board, order R8-2010-0033. Trash Enclosures - The City of Menifee is a Co-Permittee for discharging stormwater from its MS4 facilities pursuant to the Santa Ana Regional Water Quality Control Board Order No. R8-2010-0033, MS4 NPDES Permit No. CAS 618033. Direct rain water or wastewater runoff from trash enclosure is prohibited. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards as follows: a) They shall have a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) They shall be constructed of reinforced masonry without wooden gates. Walls shall be at least 6' high. c) They shall have a concrete slab floor. The concrete slab shall be graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak free and shall have a lid and be continuously closed. e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. Conditions of Approval PM36597 (Planning Application No. 2013-119) 23 of 33 Rain water or wastewater runoff from trash enclosure is prohibited. Any standing liquids must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non hazardous liquids without solid trash may be put in the sanitary sewer. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed after obtaining approval by EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only the employees and staff authorized by the enclosure owner shall have access to it. This requirement may make this option not applicable to apartment and commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. Any standing liquids in existing trash enclosures without a floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non hazardous liquids without solid trash may be put in the sanitary sewer. The use of uncovered trash enclosures is not longer permitted. However it may be approved by the Engineering Department if the project meets any of the following exceptions: a) An existing trash enclosure that is within an area subject to Planning Department setback restriction for structures. b) No location exists where a proposed trash enclosure can be constructed without violating Planning, Fire and Building and Safety Department restrictions. c) Uncovered trash enclosures shall be graded to drain to adjacent landscape areas designed to perform as a BMP. 72. BMP Maintenance Agreement — Project owner shall execute and record BMP Maintenance Agreement upon approval of final WQMP. 73. NPDES/SWPPP REQUIREMENT- This project is larger than one (1) acre 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 Permit. A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the City Engineering Department for review prior to be certified by the legal responsible person in Conditions of Approval PM36597 (Planning Application No. 2013-119) 24 of 33 the SMARTS system. Once accepted by the City, the PRDs shall be uploaded to the SMARTS system and a copy of the WDID letter from the Board shall be submitted to the City. Clearance for grading shall not be given until the City Engineering Department has determined that the project applicant has complied with such Order III.0 PRIOR TO BUILDING PERMIT ISSUANCE: lll.C.2 Grading and Drainage 74. Grading Conditions - The property applicant shall obtain a grading permit and approval to construct from the City Engineering Department. The applicant's civil engineer shall provide the standard City of Menifee rough grade certification form prior to issuance of building permit for each building. The applicant's geotechnical engineer shall submit compaction reports with 90% or better prior to building permit issuance. 75. Conform to Elevations/Geotechnical Compaction - Rough Grade Elevations of all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved Grading Plans. The appropriate Engineer -of -Record Rough Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. The appropriate Engineer -of -Record Compaction Testing Certification meeting compliance with the approved project geotechnical/soils report shall be submitted for verification/acceptance to the City Engineering Department. 76. Signing and Striping Plan - A signing and striping plan conforming to all requirements, conditions, and provisions of the CAMUTCD is required for this project. The applicant shall be responsible for any additional paving required to implement 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 Engineer. 77. Street Light Plan - A separate street light plan is required for this project. Street lighting shall be designed in accordance with Street Light 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. 78. Financing Mechanism - The applicant/developer or any successor in interest, shall participate in the establishment and funding of a public/private infrastructure financing mechanism including, but not limited to, a Community Facilities District, Infrastructure Financing District, payment of DIF, private loans or grants or other public and/or private funding mechanism(s). Evidence of financing the developer's share of the ultimate improvements shall be Conditions of Approval PM36597 (Planning Application No. 2013-119) 25 of 33 demonstrated to the satisfaction of the City Manager prior to issuance of a building permit. 79. Utilities Underground - Design. The off -site improvements plans shall show all utilities to be underground, along the east side of Zeiders Road from the project frontage and to Scott Road . Any existing above -ground utilities to remain in use shall be placed underground. Any existing utilities not to be used shall be abandoned and shall be removed, if determined by the City Manager or his designee. 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 City. 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. Written proof for initiating the design and/or application of the relocation issued by the utility company shall be submitted to the Public Works Department for verification purposes. (Standard County condition, 90.TRANS) III.C.3 NPDES and WQMP 80. Improvement Plans. A copy of the BMP improvement plans along with any necessary documentation shall be submitted to the City for review. A copy of the improvement plan and grading plan shall be included for reference. The plans must receive the City's approval prior to issuance of 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. . 81. WQMP. A copy of the project specific WQMP shall be submitted to the City for review and approval. Prior to the Recordation of the Parcel Map 82. Restricted Access shall be dedicated along the east side of Zeiders Road, except one 40' access opening between Parcel 1 and Parcel 3 and show on the Parcel map. 83. An 40' all weather access easement shall be provided along the north/south parcel line of Parcel 1 and 2 for reciprocal access into parcels 3 and 4 84. An all weather access easement shall be provided from a City maintained Road to Parcel 5 for reciprocal access purpose. Conditions of Approval PM36597 (Planning Application No. 2013-119) 26 of 33 85. Public Improvement Plans. The off -site public improvements plans shall be constructed as follows: (a) Streets: (i) Zeiders Road — Interim, half width. Zeiders Road shall be constructed as a Major Highway per Std. No. 93 modified part -width of 89' of right of way, 38' of street improvements, and 21' parkway with 8' meandering decomposed granite trail and meandering 6' sidewalk. Construction limits may be modified to accommodate existing constraints and transition improvements to existing roadway are required to the satisfaction of the City Engineer. (Added EOT 1) (ii) Bailey Park Boulevard — Interim, half width. Bailey Park Boulevard shall be constructed as an Industrial Collector Street per Std. No. 111 part -width in 60' of right of way, 46' of street improvements, and 11' parkway with 6' sidewalk. Construction limits may be modified to accommodate existing constraints and transition improvements to existing roadway are required to the satisfaction of the City Engineer. (Added EOT1) (iii) Ciccotti Street — Permanent, full width. Ciccotti Street shall be constructed as an Industrial Collector Street per Std. No. 111 full width of 78' right of way, 56' of street improvements, and 11' parkways with 6' sidewalks. (Added EOT1) (b) Sidewalks, curbs and gutters along all sides of project frontages — Permanent; (c) All corner cutbacks shall be applied per Standard 805, Ordinance 461; (Standard County condition, 80.TRANS) (iv) Landscaping within public road right-of-way shall comply with Ordinance 461 and shall require approval by the City. Landscaping plans shall be designed within Zeiders Road and Ciccotti Street and submitted to the City. Landscaping plans shall be submitted on standard City Plan sheet format (24" X 36"); (Standard County condition, 80.TRANS) (v) The project proponent shall comply in accordance with traffic signal requirements within public road rights -of -way, as directed by the City Manager. 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); (vi) The street design and improvement concept of this project shall be coordinated between, and for each, PP 21452 and PP 22280; and (Standard County condition, 90.TRANS) Conditions of Approval PM36597 (Planning Application No. 2013-119) 27 of 33 (vii) A signing and striping plan is required for this project. The project proponent shall be responsible for any additional paving and/or striping removal caused by the striping plan. (Standard County condition, 90.TRANS) (viii) Zeiders Road shall be constructed as a Major Highway per Std. No. 93 modified part -width of 89' of right of way, 38' of street improvements, and 21' parkway with 8' meandering decomposed granite trail and meandering 6' sidewalk. Construction limits may be modified to accommodate existing constraints and transition improvements to existing roadway are required to the satisfaction of the City Engineer. (Added EOT 1) III.D PRIOR TO CERTIFICATE OF OCCUPANCY III.D.1 Circulation and Dedications 86. Westerly Driveway Improvements and Landscape — The Westerly Driveway Improvements on Zeiders Road shall be completed at the satisfaction of the City Engineer. 87. Ciccotti Street Driveway — The driveway on the Northerly side of Ciccotti Street shall be completed at the satisfaction of the City Engineer. 88. Landscape and Lighting Maintenance District (LLMD) - Prior to issuance of an occupancy permit the project proponent shall complete annexation to Landscaping and Lighting Maintenance District No. 89-1-Consolidated for maintenance of traffic signals within public road rights -of -way for the required traffic signal(s). 89. Street Sweeping - Owner shall cause property to be annexed into CSA152 or similar district or mechanism for NPDES BMP of street sweeping, as approved by the City Engineer. 90. Completion of LLMD Annexation - Prior to issuance of an occupancy permit, the project proponent shall complete annexation to Lighting Maintenance District No. 89-1-Consolidated for maintenance of traffic signals, street lights, common landscape and BMP's within public road rights -of -way. 91. Fees - Applicant shall pay fees as applicable into the regional transportation funding programs for off -site improvements. The regional transportation funding programs include the Transportation Uniform Mitigation Fee (TUMF), the Traffic Signal Mitigation Fees, the Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. 92. Application for Annexation to Landscape and Lighting Maintenance District. Prior to the issuance of building permits, the applicant shall comply with City requirements within public road rights -of -way, in accordance with Ordinance 461, for assurance of maintenance by filing an application for annexation to Landscaping and Lighting Maintenance District No. 89-1- Conditions of Approval PM36597 (Planning Application No. 2013-119) 28 of 33 Consolidated and/or any other maintenance district approved by the City. Said annexation should include the following: (a) Landscaping along Zeiders Road, Ciccotti Street, and Bailey Park Boulevard; (b) Street lights; (c) Traffic signals; and (d) Street sweeping. For street lighting, the project proponent shall contact the City and submit the following: (e) Completed Public Works Department application; (f) Appropriate fees for annexation; (g) Two sets of street lighting plans approved by the City; and (h) "Streetlight Authorization" form from Southern California Edison, IID, or other electric provider. (Standard County condition, 80.TRANS) 93. Street Lighting Plan. A separate street light plan and/or a separate bridge light plan is required for this project. Street and/or bridge lighting shall be designed in accordance with Ordinance 460 and the Streetlight Specification Chart found in Specification Section 22 of Ordinance 461. For projects within SCE boundaries, use Ordinance 461, Standard No. 1000 or No. 1001. For projects within Imperial Irrigation District (IID), use IID's pole standard. (Standard County condition, 80.TRANS) Ill. D.2 Gradina and Drainaae 94. Conform to Elevations - Final Grade Elevations of all building finish floors and structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved Grading Plans. The appropriate Engineer -of -Record Final Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. 95. Final Grade Certification — The applicant's civil engineer shall provide the standard City of Menifee final grade certification form prior to certificate of occupancy of each building. 96. Plant and Irrigated Slopes - Plant and irrigate all slopes greater than or equal to 3' in vertical height with grass or ground cover. Slopes that exceed Conditions of Approval PM36597 (Planning Application No. 2013-119) 29 of 33 15' in vertical height are to be provided with shrubs and/or trees per County Ordinance 457. Drip irrigation shall be used for all irrigated slopes. 97. 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 users. 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 City a notarized affidavit stating that the distribution of educational materials to the tenants is assured prior to the issuance of occupancy permits. 98. 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 project area prior to the completion of these tasks. 99. BMP Maintenance. The BMP maintenance plan shall contain provisions for all treatment controlled BMP's to be inspected, and if required, cleaned no later than October 151" each year. Required documentation shall identify the entity that will inspect and maintain all structural BMP's within the project boundaries. A copy of all necessary documentation shall be submitted to the City for review and approval prior to the issuance of occupancy permits. Conditions of Approval PM36597 (Planning Application No. 2013-119) 30 of 33 Section IV: Riverside County Fire Department Conditions of Approval Conditions of Approval PM36597 (Planning Application No. 2013-119) 31 of 33 General Conditions West Fire Protection Planning Office Responsibility It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (13-MENI-PM-118) is required on all correspondence. Additional information is available at our website: www.rvcfire.org go to the link marked "Ordinance 787". Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886. 2. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinance and/or recognize fire protection standards. 3. Retroreflective Pavement Markers. Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 4. Fire Flow. The water mains shall be capable of providing a potential fire flow 4,000 GPM and an actual fire flow available from any one hydrant shall be 2,500 GPM for 2 hours duration at 20 PSI residual operating pressure. Prior to Final Mao 5. Water System Plans. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by local water company, the originals shall be presented to the Fire Department for signature. 6. ECS Note. ECS map must be stamped by Riverside County Surveyor with the following Note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. Conditions of Approval PM36597 (Planning Application No. 2013-119) 32 of 33 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 1 so consent as of the date set out below. Signed Name (please print) Date Title (please print). Conditions of Approval PM36597 (Planning Application No. 2013-119) 33 of 33