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PC14-190Resolution No. PC 14-190 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. 36728 (PLANNING APPLICATION 2014-093 PM) FOR THE SUBDIVISION OF 14.04 ACRES INTO THIRTEEN () PARCELS LOCATED AT THE SOUTHEAST CORNER OF NEWPORT AND MENIFEE ROADS FOR THE SHOPPES AT THE LAKES Whereas, on March 31, 2014, the applicant, Stater Bros. Supermarkets, filed a formal application with the City of Menifee for the subdivision of 14.04 acres into thirteen (13) parcels located at the southeast corner of Newport and Menifee Road within the City of Menifee; and Whereas, on December 10, 2014, the Planning Commission of the City of Menifee 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. 36728, which hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and notice to property owners within 1,000 feet of the Project boundaries, and to persons requesting public notice; and, Whereas, the Planning Commission of the City of Menifee makes the following Findings: 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 Specific Plan (Menifee East). The intent of this land use designation is to recognize areas where an existing specific plan is in place and to provide policies, standards and criteria for the development or redevelopment of these areas. The proposed project, a subdivision for a commercial shopping center, meets the requirements of the Specific Plan (Menifee East) land use designation. The project is consistent with the following City of Menifee General Plan goals and policies: Project Design CD-3.5 Design parking lots and structures to be functionally and visually integrated and connected; off-street parking lots should not dominate the streetscene. The project site has been designed to locate certain buildings closer to the surrounding roadways to minimize the appearance of the parking lot. Perimeter landscaping has been included to visually screen the parking lot from surrounding roadways. CD-3.6 Locate site entries and storage bays to minimize conflicts with adjacent residential neighborhoods. The project has been designed to include only one driveway on Rockport Road closest to the residential land uses to the south to limit traffic noise and Resolution No PC 14-190 PM36728/ Planning Case 2014-093 PM December 10, 2014 congestion from this road. The project has also been designed to screen and limit noise impacts from truck loading areas on site to the nearby residential land uses to the south. CD-3.8 Design retention/detention basins to be visually attractive and well integrated with any associated project and with adjacent land uses. The detention basin will include landscaping along the perimeter to visually screen and hydroseeding within the basin to enhance the appearance of the basin. CD-3.9 Utilize Crime Prevention through Environmental Design (CPTED) techniques and defensible space design concepts to enhance community safety. The project is required to include security cameras across the site and the site has been designed to limit concealed areas to allow for greater visibility and security. Enhanced Landscape Corridors CD-4.1 Create unifying streetscape elements for enhanced landscape streets, including coordinated streetlights, landscaping, public signage, street furniture, and hardscaping. The project will preserve the existing trees located along Newport Road designated as an enhanced landscape corridor. Policies ED-2.1 Promote retail development by locating needed goods and services in proximity to where residents live to improve quality of life, retain taxable spending by Menifee residents, and attract residents from outside the City to shop in Menifee. Locate businesses providing convenience goods and services in retail centers that are on arterials adjacent to neighborhoods and communities throughout the City but not in rural residential areas. Encourage comparison goods businesses to locate in larger retail centers located on major arterials near freeway interchanges, because businesses that provide comparison goods tend to draw customers from larger areas. The proposed project would provide additional shopping options and greater convenience to residential uses nearby. ED-2.2 Require regional retail districts to provide entertainment and dining in addition to retail sales and services to create destinations prepared to withstand e-commerce's increasing capture of retail spending. These districts should create a pedestrian -friendly human -scale atmosphere with street furniture, shading, and gathering spaces that enhance the experience of shopping and socializing. Local retail centers (primarily intended to serve Menifee residents) need not Resolution No PC 14-190 PM36728/ Planning Case 2014-093 PM December 10, 2014 necessarily provide dining and entertainment but shall provide street furniture, shading, pedestrian -circulation, and gathering spaces that enhance the experience of shopping. The proposed project could include both fast food and sit down style restaurant uses. Policies: Policy and Regulation N-1.1 Assess the compatibility of proposed land uses with the noise environment when preparing, revising, or reviewing development project applications. N-1.2 Require new projects to comply with the noise standards of local, regional, and state building code regulations, including but not limited to the City's Municipal Code, Title 24 of the California Code of Regulations, the California Green Building Code, and subdivision and development codes. The project included an acoustical analysis that analyzed the impacts of the proposed project's construction and operation on surrounding land uses, in particular the residential land uses to the south and the school use to the southwest and determined that these impacts are less than significant pursuant to CEQA and would comply with all applicable local and state regulations for noise. The project is within the Menifee East Specific Plan. The project is consistent with the design guidelines, zoning and development standards of the Specific Plan. The Specific Plan designates the area as Commercial and the area is planned for neighborhood commercial development and would feature supermarkets, pharmacies, restaurants, and other retail stores. The City of Menifee has two (2) active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group. The project will be subject to the payment of fees for a commercial project consistent with the Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore, the project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan and the impact is considered less than significant. 2. Consistency with the Zoning Code. The project is zoned Specific Plan (Menifee East, Planning Area 1 - Commercial). The Specific Plan refers back to the Scenic Highway Commercial designation of Ordinance 348. The project is consistent with the zoning and development standards. Resolution No PC 14-190 PM36728/ Planning Case 2014-093 PM December 10, 2014 Surrounding zoning includes Specific Plan (Menifee Village, Planning Area 3-1 - Commercial) to the north, Specific Plan (Menifee Village, Planning Areas 2-11 — Commercial and 2-12 — School), Specific Plan (Menifee East, Planning Area 4 — Medium Residential) to the south, and Specific Plan (Menifee East, Planning Areas 2 — Very High Residential and 3 — Day Care) to the east. These classifications are compatible with the Specific Plan (Menifee East, Planning Area 1) zone of the project site. The project is consistent with Riverside County Ordinance No. 348 Section 18.48 as adopted by the City of Menifee. 3. Consistency with Ordinance 460 Regulating the Division of Land. The subdivision is a Schedule E subdivision of 14.04 net acres into 13 parcels. A Schedule E parcel map is defined by Ordinance 460 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. To the north beyond Newport Road is vacant land with the currently developing ARCO AM/PM at the northeast corner of Newport Road and Menifee Road. To the west beyond Menifee Road is vacant land and Callie Kirkpatrick Elementary School. To the south beyond Rockport Road are single-family residential land uses. To the east beyond Laguna Vista Drive is vacant land. The project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The project incorporates quality architecture and landscaping which will enhance the area. Environmental impacts resulting from the project have been analyzed in a mitigated negative declaration which determined impacts including, but not limited to, air quality, greenhouse gas emissions, water quality, noise, and traffic would all be less than significant. 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. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. A Mitigated Negative Declaration ("MND") has been completed for the shopping center and adopted by the Planning Commission pursuant to Resolution PC 14- 192. The Tentative Parcel Map at issue is consistent with the MIND, which the Planning Commission has considered as part of its proceedings. No new environmental impacts have been identified and no further environmental review is required for this project. Resolution No PC 14-190 PM36728/ Planning Case 2014-093 PM December 10, 2014 NOW THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: The Findings set out above are true and correct. Tentative Parcel Map No. 3672E approved subject to the Conditions to this Resolution and as approv December 10, 2014. (Planning Case No. 2014-093), is of Approval as set forth in Exhibit "1" A by the Planning Commission on PASSED, APPROVED AND ADOPTED this the loth day of December, 2014. Ilil of IIII �r / Attest: 1 ennifer Allen, Deputy City Clerk Approved as to form: Ajit ThYnd, Assistant City Attorney Scott A. Mann Mayor John V. Denver Mayor Pro Tem Wallace W. Edgerton Councilmember Greg August Councilmember Matthew Liesemeyer Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.6793843 www.cityofrnenlfee.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. PC14-190 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the l0a' day of December, 2014 by the following vote: Ayes: Matelko, Phillips, Sobek, Thomas Noes: None Absent: None Abstain: None Je f Allen, Planning Commission Secretary EXHIBIT "1" Conditions of Approval for Tentative_ Parcel Ma No. 36728 (Planning Application 2014-093 Tentative Parcel Ma 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 Section V: Riverside County Environmental Health Conditions of Approval Section VI: Riverside County Environmental Programs Department Page 1 of 27 Section Conditions Applicable to all Departments Page 2 of 27 General Conditions Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Parcel Map No. 36728 shall be henceforth defined as follows: TENTATIVE MAP = Tentative Parcel Map No. 36728, dated 10/30/14, (Planning Application No. 2014-093) FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. PLOT PLAN = Plot Plan No. 2014-091 2. Description. The TENTATIVE MAP proposes a Schedule E subdivision of 14.04 acres into thirteen (13) parcels. All improvements to the site and off -site shall conform to the plans and conditions of approval of the PLOT PLAN. 3. Ninety (90) Days. The permittee has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 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. 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 Page 3 of 27 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 No. 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 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. No Building Permits. Planning Application 2014-093 Tentative Parcel Map (PM36728) is for a Schedule E subdivision. No building permits shall be issued pursuant to this subdivision. Conditions pertaining to building permits shall refer to the PLOT PLAN. Page 4 of 27 Section II: Planning Conditions of Approval Page 5 of 27 Prior to Final Map 9. 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. 10. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 11. On -site Maintenance Entity. 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 areas including, but not limited to the common recreation, open space, circulation systems, detention basin, and landscaped areas on -site. 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. 12. CCR's Private Common Area. PRIOR TO MAP RECORDATION the applicant shall notify the Community Development Department that the following documents shall be submitted to the City Attorney and submit said documents for review along with the current fee, which shall be subject to City Attorney approval: a. A cover letter identifying the project for which approval is sought and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; b. A signed and notarized declaration of covenants, conditions and restriction. Attached to these documents there shall be included a legal description of the property included within the CC&Rs and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor; c. A sample document, conveying title to the purchaser of an individual lot or unit, which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, d. A deposit equaling three (3) hours of the current hourly fee for Review if Covenants, Conditions and Restrictions established pursuant to the City fee schedule at the time the above referenced documents are submitted for City Attorney review. Page 6 of 27 The declaration of covenants, conditions and restrictions submitted for review shall: 1. provide for a minimum term of 60 years, 2. provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit, provide for ownership of the common area by either the property owners' association or the owners of each individual lot or unit as tenants in common. e. The declaration of CC&Rs shall contain the following provisions verbatim: 1. "Notwithstanding, any provision in this Declaration to the contrary, the following provisions shall apply: The property owners' association established herein shall manage and continuously maintain the 'common area', as more particularly described on the Tentative Map which is 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. Page 7 of 27 13. Reciprocal Access and Parking Agreements. Prior to map recordation, reciprocal access and parking agreements shall be established across all lots for appropriate on -site circulation and access to and from Newport Road, Menifee Road, Rockport Road, and Laguna Vista Drive for the project site and to allow flexible parking overflow between parcels. 14. 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." 15. 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 13. 16. Reciprocal Access. The final map shall include the reciprocal access easement as shown on the TENTATIVE MAP for recordation with the final map. 17. Reciprocal Parking. The final map shall note the reciprocal parking as shown on the TENTATIVE MAP for recordation with the final map. FEES 18. 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 developerlowner and/or the deve lope rlowner's successor -in -interest. Prior to Issuance of Grading Permit 19. 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 Parcel 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. 20. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management Page 8 of 27 District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; Page 9 of 27 o. Traffic speeds on unpaved roads must be limited to 15 miles per hour p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. 21. Grading Plans Noise. Prior to approval of grading plans and/or issuance of building permits, plans shall include a note indicating that noise -generating Project construction activities shall not occur between the hours of six p.m. to six a.m. during the month of June through September, and between the hours of six p.m. and seven a.m. during the months of October through May. ARCHEOLOGY 22. Archeologist Retained. Prior to issuance of a grading permit 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 Community Development Department to ensure compliance with this Page 10 of 27 condition of approval. Upon verification, the Community Development 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 treatment plan and monitoring agreement for the newly discovered resources. 23. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on -site during all ground -disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above -mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground -disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist, The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 24. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on -site during all ground -disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above -mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground -disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The ApplicantlPermittee shall be responsible for all curation costs. 25. Non -Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, Page 11 of 27 pursuant to the specific exemption set forth in California Government Code 6254 (r). PALEONTOLOGY 26. Paleontologist Required. This site is mapped as having a high potential for paleontological resources (fossils). Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS: The permittee 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 Community Development 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 Page 12 of 27 remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. 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 Community Development 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 (eg. Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet -signed original copies of the report shall be submitted directly to the Community Development Department along with a copy of this condition, deposit based fee and the grading plan for appropriate case processing and tracking. FEES 27. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permittee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 19.70 acres (gross) in accordance with APPROVED EXHIBIT A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. Page 13 of 27 28. Fees. Prior to the issuance of grading permits for PM 2014-093, the Community Development Department shall determine the status of the deposit based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. Page 14 of 27 Section III: Eng i neeri,ng/Transportation/ Grading Conditions of Approval Page 15 of 27 The following are Public Works Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section, The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards, specifications and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. GENERAL CONDITIONS: 29. This parcel map is concurrently processing a proposed site plan under plot plan application PP2014-091, which has its own set of Conditions of Approval. The conditions for this map shall be satisfied in concurrence with the Conditions of Approval for the proposed site plan under PP 2014-091 30. The development shall comply with the State of California Subdivision Map Act and all applicable City ordinances and resolutions. 31. If off -site right-of-way or easements are required for the City master plan facilities to comply with these conditions of approval, the developer is required to secure such right-of-way or easements at no cost to the City. In the event that the developer requires the City's assistance to condemn said right-of-way or easements, the developer shall enter into an agreement with the City for the acquisition of said right-of-way or easements pursuant to Government Code Section 66462.5, and pay any and all costs, as determined by the City, associated with the condemnation process. 32. The applicant shall demonstrate to the satisfaction of the Public Works Director that the proposed development will not unreasonably interfere with the use of any easement holder of the property. 33. Plan Check Submittals - Appropriate plan check submittal forms shall be completed and required plan copies, necessary documents, references, fees, deposits, etc. shall be submitted as outlined in the City approved submittal forms. ACAD files 2010 or later are required for all final maps upon approval. PRIOR TO FINAL MAP RECORDATION: 34. Prior to recordation of the final map, the Public Works Director may require the dedication and construction of necessary utilities or other improvements outside the area of the development if the improvements are needed for circulation, parking and access or for the welfare or safety of future occupants of the development. These dedications shall be reflected on the final map which shall remain in substantial conformance with the approved tentative map. 35. Bond Agreements and Improvement Security — Prior to recordation of the final map, the developer/property owner shall post bonds or security in forms acceptable to the City, guaranteeing the construction of all required grading and improvements required with the final map. The security shall be in Page 16 of 27 accordance with applicable City policies and ordinances, and as determined by the Public Works Director/City Engineer. The required improvements are further detailed in the following conditions. 36. Acceptance of Public Roadway Dedication and Improvements — Prior to final map recordation, easements and right -of way for public roadways shall be granted to the City of Menifee through the final map, or other acceptable recordable instrument. B. WATER, SEWER AND RECYCLED WATER The following utility improvements shall be designed per the Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD. PRIOR TO FINAL MAP RECORDATION. 37. Onsite and Offsite Sewer, Water and Recycled Water Improvements — All onsite and offsite sewer, water and recycled water lateral connections to the street right-of-way shall be guaranteed for construction prior to recordation of the final. C. STREET IMPROVEMENTS AND TRAFFIC ENGINEERING All offsite and onsite street improvements shall be designed per City standards and specifications, and shall be subject to the approval of the Public Works Director. PRIOR TO FINAL MAP RECORDATION: 38. Offsite Street Improvements — The following offsite improvements shall be guaranteed for construction prior to final map recordation: a. Approximately 1,220 linear feet of frontage improvements along Newport Road. Improvements shall include but not limited to: AC pavement, curb, gutter, commercial driveway, median turn pockets, sidewalk, street lights, striping and dry utilities. Street Improvements shall extend 10 (ten) feet past Newport Road centerline, or as determined by the Public Works Director. b. Approximately 590 linear feet of frontage improvements along Laguna Vista Drive. Improvements shall include but not limited to: AC pavement, curb, gutter, commercial driveway, median turn pocket, sidewalk, striping and dry utilities. Street Improvements shall extend 10 (ten) feet past Laguna Vista Drive centerline, or as determined by the Public Works Director. c. Approximately 1,220 linear feet of frontage improvements along Rockport Road. Improvements shall include but not limited to: AC pavement, commercial driveway, striping and dry utilities. Street Improvements shall extend 10 (ten) feet past Rockport Road centerline, or as determined by the Public Works Director. Page 17 of 27 d. Approximately 590 linear feet of frontage improvements along Menifee Road. Improvements shall include but not limited to: AC pavement, commercial driveway, striping and dry utilities. Street Improvements shall extend 10 (ten) feet past Menifee Road centerline, or as determined by the Public Works Director. e. Offsite Public Street Lights — Required new public street lights, or existing public street lights that require modification as a result of this development including all necessary appurtenances and service points. 39.Offsite Traffic Signal and Street Improvements — Improvements or mitigation required by the approved traffic impact analysis including but not limited to the following offsite improvement shall be guaranteed for construction prior to final map recordation: a. Modification of the existing Traffic Signal at the intersection of Newport Rd and Menifee Rd. The modification will be subject to the review and approval of the PW DirectorlCity Engineer. b. Modification of the existing Traffic Signal at the intersection of Newport Rd and Laguna Vista Drive. The modification will be subject to the review and approval of the PW Director/City Engineer. c. Construction of a new Traffic Signal on Newport Road at the project driveway entrance, between Menifee Road and Laguna Vista Drive. d. Striping fronting the project development shall be refreshed or re -striped using Thermoplastic, as approved by the PW Director/City Engineer. D. GRADING All grading shall conform to the latest adopted edition of the California Building Code, the Riverside County Ordinance 457, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. 40. 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 activities. 41. Compliance with NPDES General Construction Permit -- The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the SW RCB. E. DRAINAGE All offsite and onsite storm drain improvements shall be designed per City standards and specifications, and shall be subject to the approval of the PW Director. PRIOR TO FINAL MAP RECORDATION: Page 18 of 27 42. Offsite and Onsite Storm Drain Improvements — All storm drain facilities required by the approved drainage study shall be reflected on the approved improvement plans, and shall be guaranteed for construction prior to final map recordation. These storm drain improvements shall include the Bio-Retention basin located on the southeastern corner of the project site. The improvements shall be subject to the review and approval of the Public Works Director. 43. Onsite and Offsite Storm Drain Facilities Larger Than 36" - Storm drain lines greater than 36 inches shall be reviewed and approved by the Riverside County Flood Control and Water Conservation District (Flood Control), These improvements shall be guaranteed prior to final map recordation. The developer shall coordinate the transfer of ownership for these larger lines to Flood Control as approved by the PW Director. F. NPDES and WQMP 44. All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP. G. MAINTENANCE OF PARKWAY LANDSCAPING WITHIN PUBLIC RIGHT OF WAY 45. Parkway Landscaping Design Standards - The parkway areas behind the sidewalk within the right-of-way, shall be landscaped and irrigated per City standards and guidelines. PRIOR TO FINAL MAP RECORDATION. 46. Annexation to the Citywide Community Facilities District (citywide CFD). Prior to final map recordation, the developer/property owner shall complete the annexation of all properties within the proposed TR36728 into the City of Menifee Citywide Community Facilities District 2015-1, currently in formation. The citywide CFD shall be responsible for the maintenance of public improvements or facilities that benefit this development, and dedicated to the City for CFD maintenance. These shall include but not limited to, public landscaping, streetlights, traffic signals, street maintenance, drainage facilities, and other public improvements or facilities as approved by the Public Works Director/City Engineer. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 47. CFD Annexation Agreement - In the event timing for this development's schedule prevents the developer/property owner from complying with the CFD annexation condition of approval, at the discretion and approval of the PW Director/City Engineer the developer shall enter into a CFD annexation agreement to allow the annexation to complete after any final map recordation but prior to issuance of a building permit in any map phase. The developer shall be responsible for all costs associated with the preparation of the CFD Page 19 of 27 annexation agreement. The agreement shall be approved by the City Council prior to final map recordation. H. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 48. Fees and Deposits — Prior to final map recordation, approval of any grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all applicable fees and deposits including TUMF and RBBD fees as applicable. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. Page 20 of 27 Section IV: Riverside County Fire Department Conditions of Approval Page 21 of 27 General Conditions 49. 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 (14-MENI-PP-0914) is required on all correspondence. Additional information is available at our website: www.rvcfire.org or go to the link marked "Ordinance 787". Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886 50. 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. 51. Blue Dot Reflectors. Blue retro reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 52. Minimum Required Fire Flow. Minimum required fire flow shall be 2,875 GPM for a two (2) hour duration at twenty (20) Pounds Per Square Inch (PSI) residual operating pressure, which must be available before any combustible material is placed on the job site. 53. Super Fire Hydrants. A combination of on -site and off -site super fire hydrant(s) (6"x4"x 2-2-1/2"), shall be located not less than twenty-five (25) feet or more than 225 feet from any portion of the building as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant(s) in the system. In addition, super fire hydrants shall be installed on Rockport Road for Major 3 and Shops 3. Page 22 of 27 Section V: Riverside County Environmental Health Conditions of Approval Page 23 of 27 General Conditions 54, General Comments. This project is proposing Eastern Municipal Water District (EMWD) water, recycled water and sewer service. Per Memorandum of Understanding between the County of Riverside and EMWD, no "will -serve" letters are required for projects located within their service area. It is the responsibility of the permittee to ensure that all requirements to obtain potable water and sanitary sewer service are met with EMWD, as well as, all other applicable agencies. As the agency providing sewer service, EMW❑ shall also have the responsibility to implement any grease interceptor or oil/water separator tank requirements, including sizing capacity and minimum structural specification, if necessary. All existing septic systems and/or wells, if any, shall be properly removed or abandoned under permit with the Department of Environmental Health. The developer will be required to make a submittal to EMWD to determine the requirements for obtaining service(s) which includes, but is not limited to: a. Discuss potential candidacy for recycled water service b. Review of the project within the context of existing infrastructure c. Evaluation of the project's preliminary design and points of connections d. Formal Application for Service detailing applicable fees and deposits to proceed with EMWD approved service connections. 55. Hazardous Materials Management Branch (HMMB). Any facility proposing the storage of hazardous materials (HazMat) greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances shall require a Business Emergency Plan (BEP) to be submitted to HMMB for review and acceptance. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 358-5055 to obtain information regarding any additional HazMat requirements. 56. Retention Basin(s) — No Vectors. Any proposed retention basin(s) shall be constructed and maintained in a manner that prevents vector breeding and vector nuisances. 57. Hazardous Materials — General. If a previously unidentified release or threatened release of a hazardous material or the presence of a naturally occurring hazardous material is discovered during development at the site, construction activities shall cease and RCDEH-ECP and/or the appropriate regulatory agency shall be notified immediately. Additionally, further assessment and/or clean up may be required. Page 24 of 27 Section VI: Riverside County Environmental Programs Department Conditions of Approval Page 25 of 27 Prior to Grading Permit Conditions 58. Burrowing Owl. 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. For any ground disturbance activities during the general bird nesting season (February 1-September 15), a survey for nesting birds shall be conducted by a qualified biologist prior to any such activities during the general bird nesting season and the results of the survey shall be provided in writing to the Environmental Programs Department. Page 26 of 27 The undersigned warrants that helshe is an authorized representative of the project referenced above, that it 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). Page 27 of 27