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PC15-219 EXHIBIT “1” Conditions of Approval for Tentative Tract Map No. 31098 per Minor Change No. 2014-204 for a Residential Subdivision of 85.7 acres into 258 Single-Family Residential Lots Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Public Works and Engineering 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 Conditions of Approval 2 Section I: Conditions Applicable to all Departments 3 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 31098 shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Permittee of this project. TENTATIVE MAP = Tentative Tract Map No. 31098, dated September 14, 2015. FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. 2. Project Description. Minor Change No. 2014-204 proposes the second Minor Change (MC) to the previously approved Tentative Tract Map No. 31098. The Minor Change proposes to consolidate two (2) separate “park” lots (formerly Lot 269 and 270) which measured 2.06 and 1.80 acres (for a total of 3.86 acres) into one (1) 6.52-acre park site (Lot ‘E’), which will include a water quality basin. The new 6.52-acre park site would be located in approximately the same location as the former 2.06-acre park. In place of the former 1.80- acre park, a new 0.63-acre open space/water quality basin lot (Lot ‘G’) is proposed. Another (third) 0.43-acre water quality basin (Lot ‘F’) is proposed at the project’s westerly boundary. The internal streets would be slightly reconfigured to accommodate the 6.52-acre park site (Lot ‘E’). The number of lots has been reduced from 264 to 258 lots. The perimeter block walls, particularly along the southwesterly corner of the tract, were also modified to lessen their visual impact and provide variation and view opportunities (where lots abut open space). Summary of Proposed Changes: 1. Combine two (2) parks into one (1) larger park 2. Reduce the number of lots 3. Provide additional basins to meet the new water quality standards 4. Modify internal street layout to accommodate new larger park 5. Modify the perimeter block walls to reduce the visual impact 3. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement 4 with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 4. Ninety (90) Days to Protest. The land divider 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 the approval or conditional approval of this project. 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. The developer understands and agrees to pay such fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. 6. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan (incorporated within these Conditions of Approval). 7. Expiration Date. The Board of Supervisors approval date of the original tentative map occurred on April 19, 2005 (4/19/2005). The conditionally approved TENTATIVE MAP shall expire three (3) years after the Riverside County Board of Supervisor’s original approval date, unless extended as provided by Ordinance No. 460 or Subdivision Map Act. Action on a Minor Change and/or Revised Map request shall not extend the time limits of the originally approved TENTATIVE MAP. 5 Section II: Community Development Department Conditions of Approval 6 General Conditions 8. Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule A, unless modified by the conditions listed herein. 9. No Offsite Subdivision Signage. No offsite subdivision signs advertising this land division/development are permitted, other than those allowed under Ordinance No. 679.4. Violation of this condition of approval may result in no further permits of any type being issued for this subdivision until the unpermitted signage is removed. 10. Design Guidelines. The land divider shall comply with the Countywide Design Standards and Guidelines. 11. Minor Plot Plans Required. For each of the below listed items, a minor plot plan application shall be submitted and approved by the Community Development Department pursuant to Section 18.30.a. (1) of County Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department) along with the current fee. 1) Final Site Development Plan for each phase of development. 2) Model Home Complex Plan shall be filed and approved for each phase if models change between phases. A final site of development plot plan must be approved prior to approval, or concurrent with a Model Home Complex Plan. 3) Landscaping Plan for typical front yard/slopes/open space/parks. These three plans may be applied for separately for the whole tract or for phases. 4) Landscaping plans fully within the road right-of-way shall be submitted to the Engineering Department only. 5) Each phase shall have a separate wall and fencing plan. 6) Entry monument plan. NOTE: The requirements of the above plot plans may be accomplished as one, or, any combination of multiple plot plans required by these conditions of approval. 12. Project Development Standards. The tentative tract map is zoned One Family Dwellings (R-1). Accordingly, this project is subject to the development standards contained in the R-1 zone. This project is subject to these development standards: a. Lots created by this map shall conform to the design standards of the R-1 zone. 7 b. The front yard setback is 20 feet. c. The side yard setback is 5 feet. d. The street side yard setback is 10 feet. e. The rear yard setback is 10 feet, except where a rear yard abuts a street, then the setback shall be the same as the front yard setback, in accordance with Section 21.77 of Ordinance No. 348. f. The minimum average width of each lot is 70 feet. g. The maximum height of any building is 40 feet. h. The minimum parcel size is 7,200 square feet/acres. i. No more than 50% of the lot shall be covered by structure. j. Residential driveway approaches shall be a minimum of 12 feet and a maximum of 30 feet in width, and 20 feet of full height curb is required between driveways within any one property frontage, in accordance with Ord. No. 461, Standard No. 207. EXCEPT AS ALLOWED BY ORDINANCE NO. 348, AND THE COUNTYWIDE DESIGN STANDARDS AND GUIDELINES, THERE SHALL BE NO ENCROACHMENT INTO ANY SETBACK. 13. Construction Hours. Any construction within the City located within one- fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:00 a.m. to 6:00 p.m. June through September and 7:00 a.m. to 6:00 p.m. October through May. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 14. Park Annexation. All parklands must be annexed into a Communities Facilities District or other acceptable mechanism as determined by the City of Menifee. 15. Reclaimed Water. The permittee shall install purple pipes and connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District. 16. Paseo/Park Improvement Notification. Adequate notification shall be provided to any home builder or any other buyer of individual phases of the TENTATIVE MAP that certain paseo and/or parks are required to be constructed or improved with the construction of each phase per the conditions of this project. 17. Off-Highway Vehicle Use. No off-highway vehicle use shall be allowed on any parcel or open space area located within the boundaries of this land division map. FEES 18. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of subm ittal, as 8 required by Resolution No. 13-320 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. ARCHEOLOGY/PALEONTOLOGY 19. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Property Owner. 20. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial 9 on the Project property so they are not subject to further disturbance in perpetuity. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.” 21. Inadvertent Paleontological Find. Should fossil remains be encountered during site development: 1) All site earthmoving shall be ceased in the area of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site. 2) The applicant shall retain a qualified paleontologist approved by the County of Riverside. 3) The paleontologist shall determine the significance of the encountered fossil remains. 4) Paleontological monitoring of earthmoving activities will continue thereafter on an as-needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level. 5) If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. 6) Any recovered fossil remains will be prepared to the point of identificat ion 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 10 data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. LANDSCAPING 22. Landscaping. All plant materials within landscaped common areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the Community Development Department’s landscaping installed and inspected conditions. 23. Trail Maintenance. The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of any trail easement required under these conditions until such time as the maintenance is taken over by a Communities Facilities District or any other appropriate maintenance district. 24. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 25. Front and Side Yard Landscaping Maintenance Responsibility. The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is included within a separate common lot maintained by an HOA or other entity acceptable to the City of Menifee. 26. Landscape Maintenance. The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of a property owner’s association, or any other successor-in-interest. Prior to Final Map 27. Final Map Required. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the land divider shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department - Survey Division requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. 11 28. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 29. Surveyor Checklist. The City Engineering Department - Survey Division shall review any FINAL MAP and ensure compliance with the following: a) All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. b) All lots on the FINAL MAP shall have a minimum lot size of 7,200 square feet (net). c) All lot sizes and dimensions on the FINAL MAP shall be in conformance with the development standards of the One Family Dwellings (R-1) zone. d) All lots on the FINAL MAP shall comply with the length-to-width ratios, as established by Section 3.8.C. of County Ordinance No. 460. e) All knuckle or cul-de-sac lots shall have a minimum of thirty-five (35 feet of frontage measured at the front lot line. f) The common open space areas shall be shown as a numbered lot on the FINAL MAP. 30. Trail Dedication. Prior to or in conjunction with the recordation of the final map, the applicant shall offer for dedication to the City of Menifee the 8-foot community trail along the south side of Rouse Road and west side of Menifee Road and an 8-foot wide trail way within the Channel (Lots ‘AA’ thru ‘DD’). This easement shall be as shown on the final map and the approved trails plan. Maintenance of the trails shall be provided through annexation to a Communities Facilities District or other entity acceptable to the City of Menifee. Note: This condition implements the Mitigation Measure for Section 40 of Environmental Assessment No. 39076. 31. Annexation into Park District. The land divider shall submit written proof to the Community Development Department that the subject property has been annexed to Communities Facilities District or other entity acceptable to the Community Development Director. 32. ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. A note shall be placed on the FINAL MAP “Environmental Constraint Sheet affecting this map is on file at the City of Menifee Public Works and Engineering Department, in E.C.S Book ___, Page ___. 33. ECS Note on Dark Sky Lighting. The following Environmental Constraints Note shall be placed on the ECS: 12 "This property is subject to lighting restrictions as required by Menifee Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with Menifee Municipal Code Chapter 6.” Note: This condition implements the Mitigation Measure for Section 2 and 3(a) of Environmental Assessment No. 39076. 34. ECS Note Archeological. The following Environmental Constraints Note shall be placed on the ECS: "County Archaeological Report no. PD-A-3231 was prepared for this property on 4/21/03 by Christopher Drover, Ph.D. and is on file at the City of Menifee Community Development Department. The property is subject to surface alteration restrictions based on the results of the report." 35. Common Area Maintenance. Any common areas identified in the TENTATIVE MAP shall be owned and maintained as follows: a. A permanent master maintenance organization shall be established for the tentative tract map area, to assume ownership and maintenance responsibility for all common recreation, open space, circulation systems and landscaped areas. The organization may be public (anticipated to be CFD 2012-2) or private (e.g., homeowners’ association). 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. 36. Conditions, Covenants and Restrictions (Public Common Areas). If the permanent master maintenance organization referenced in the condition entitled "Common Area Maintenance" is a public organization, the applicant shall convey to the public organization (anticipated to be CFD 2012-1) fee simple title, to all common open space areas, free and clear of all liens, taxes, assessments, leases (recorded or unrecorded) and easement, except those easements which in the sole discretion of the public organization are acceptable. The common areas anticipated to be owned and maintained by a public organization include, but are not limited to parks, paseos, and expanded parkway landscaping. 13 As a condition precedent to the public organization accepting title to such areas, the applicant shall submit the following documents to the City of Menifee Community Development Department for review along with the current fee, which shall be subject to the approval of that department and the City Attorney: 1. A signed and notarized declaration of covenants, conditions and restrictions; and, 2. A sample document, conveying title to the purchaser, of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, 3. A deposit equaling three (3) hours of the current hourly fee for Review of Covenants, Conditions and Restrictions established pursuant to the City’s fee schedule at the time the above referenced documents are submitted to the Community Development Department for review by the City Attorney. The declaration of covenants, conditions and restrictions submitted for review shall a) provide for a minimum term of sixty (60) years, b) provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit as tenants in common, and c) contain the following provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: The property owners' association established herein shall, if dormant, be activated, by incorporation or otherwise, at the request of the City, and the property owners' association shall unconditionally accept from the City of Menifee, upon the City’s demand, title to all or any part of the 'common area', more particularly described on Exhibit 'A' attached hereto. The decision to require activation of the property owners' association and the decision to require that the association unconditionally accept title to the 'common area' shall be at the sole discretion of the City In the event that the 'common area', or any part thereof, is conveyed to the property owners' association, the association, thereafter, shall own such 'common area', shall manage and continuously maintain such 'common area', and shall not sell or transfer such 'common area' or any part thereof, absent the prior written consent of the Community Development Director of the City or the City's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. 14 This declaration shall not be terminated, 'substantially' amended, or property de-annexed therefrom absent the prior written consent of the Community Development Director of the City of Menifee or the City's successor-in-interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' established pursuant to this Declaration. In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." Once approved by the City Attorney, the declaration of covenants, conditions and restrictions shall be recorded by the Community Development Department with one copy retained for the case file, and one copy provided to the City Engineering Department - Survey Division. 37. Conditions, Covenants and Restrictions (Private Common Areas). The common areas anticipated to be owned and maintained by a private organization include, but are not limited to, expanded parkway landscaping and slope areas. The land divider shall submit to the City Attorney (via the Community Development Department) for review and approval the following documents: (a) A cover letter identifying the project for which approval is sought referencing the Planning Division case number(s) and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; (b) One copy and one original, wet signed, notarized and ready for recordation declaration of covenants, conditions, and restrictions (CC&Rs). Attached to these documents there shall be included a legal description of the property included within the CC&Rs and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor. (c) The declaration of CC&Rs submitted for review shall cover all map phases, as follows: (i) Provide for a minimum term of sixty (60) years; (ii) Provide for the establishment of a property owner's association comprised of the owners of each individual lot or unit; and (iii) Provide for the ownership of the common area by either the property owner's association or a permanent public master maintenance organization. (d) The declaration of CC&Rs shall contain the following provisions verbatim: 15 (i) ”Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: - The property owners' association established herein shall manage the 'common areas', more particularly described on the subdivision map, attached hereto, and shall not sell or transfer the 'common areas' or any part thereof, absent the prior written consent of the Community Development Department of the City of Menifee. - The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of managing such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a management assessment. The property owners' association established herein shall regulate individual private lot development standards. - The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is located within a separate common lot. - An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. - This Declaration shall not be terminated, 'substantially' amended, or property de-annexed there from absent the prior written consent of the Community Development Director of the City of Menifee.” (ii) A proposed amendment shall be considered 'substantial' if it affects the extent, usage, or maintenance of the 'common area' established pursuant to the Declaration.” (iii) “In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." (iv) "The management and maintenance of the project site in accordance with the Storm Water Pollution Prevention Plans (SWPPPs), Monitoring Programs, and Post Construction Management Plans to include the following best management practices (BMPs) to reduce storm water pollution: Initial residents, occupants, or tenants of this site shall receive educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be provided by the Riverside County Flood Control and 16 Water Conservation District and shall be distributed by the properties owners' association. These materials shall address good housekeeping practices associated with residential developments, such as: - Where improper disposal of trash has occurred, the property owners' association shall take corrective action within forty- eight hours of discovery (BMP N5). - The street(s) and parking lot(s), more particularly described on the subdivision map, shall be swept by the property owners' association at least once a year and shall be swept no later than October 15th of each year (BMP N6). (e) The City shall be named as a third party beneficiary in the CC&Rs. (f) Once approved, the copy and the original declaration of CC&Rs shall be forwarded to the City Attorney and the Community Development Department. The Community Development Department 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. (g) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of CC&Rs is incorporated therein by reference; and (h) A deposit equaling three hours of the current hourly fee for the review of the CC&Rs established pursuant to the City’s fee schedule at the time the above referenced documents are submitted to the City Attorney for review and approval. 38. Quimby Fees. Dedication of parkland. A dedication of parkland shall be offered on the final map. Where dedication is offered and accepted, such dedication shall be accomplished in accordance with the provisions of the Subdivision Map Act. All land dedicated to the City shall be conveyed in fee simple to the City free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the city agrees to accept. FEES 39. Fees. Prior to recordation, the Community Development Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the developer/owner and/or the developer/owner's successor-in-interest. Prior to Phasing 17 40. Preliminary Phase Grading. Prior to the approval of an application for a division into units or phasing plan for the TENTATIVE MAP, a conceptual grading plan covering the entire TENTATIVE MAP shall be submitted to the City of Menifee Community Development Department for review and approval. The preliminary grading plan shall comply with the following: 1) Techniques which will be used to prevent erosion and sedimentation during and after grading process shall be depicted and documented. 2) Approximate time frames for grading and areas which may be graded during the higher probability rain months of January through March shall be identified. 3) Preliminary pad and roadway elevations shall be depicted. 4) Areas where temporary grading occurs on any phase other than the one being graded for development at a particular time shall be identified. The approved preliminary grading plan shall be provided to the Building and Safety – Plan Check Division and shall be used as a guideline for subsequent detailed grading plans for individual units or phases of the TENTATIVE MAP. 41. Phases Separable. This land division may be divided into units and recorded in phases provided that the phasing plan complies with the following: 1) The proposed division into units or phasing, including unit or phase boundaries, sequencing, and floor plan selection shall be subject to the Community Development Department approval. 42. Lot Access/Unit Plans. Any division into units or phasing of the TENTATIVE MAP shall provide for adequate vehicular access to all lots in each unit or phase, and shall substantially conform to the intent and purpose of the land division approval. No approval for any number of units or phases is given by this TENTATIVE MAP and its conditions of approval, except as provided by Section 8.3 (Division into Units) of Ordinance No. 460. Prior to Issuance of Grading Permits 43. Grading Plan Review. The Community Development Department shall review the grading plan for consistency with the approved tentative map and the conditions of approval for the tentative map. 44. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 45. Slope Grading Techniques. The land divider/permit holder shall cause grading plans to be prepared which show all cut slopes located adjacent to ungraded natural terrain and exceed ten (10) feet in vertical height to be contour-graded incorporating the following grading techniques: 18 1. The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 2. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. 3. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. 4. Where cut and/or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Note: This condition implements the Mitigation Measure for Section 16(a) of Environmental Assessment No. 39076. 46. Grading and Brushing Area. The land divider/permit holder shall cause grading plans to be prepared which restricts grading and brushing to public or private access roads, driveways, and fuel modification zones, as identified on the TENTATIVE MAP. 47. 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 85.7 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. 48. Fees. Prior to issuance of grading permits, the Community Development Department shall determine if the deposit based fees are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 49. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management 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 weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a ten 19 (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 fifty percent (50%). b. Water active grading/excavation sites and unpaved surfaces at least three (3) times daily; c. All paved roads, parking and staging areas must be watered at least once every two (2) hours of active operations; d. Site access points must be swept/washed within thirty (30) 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 twenty-five (25) mph; l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed fifteen (15) miles per hour over a thirty (30) minute period 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; o. Traffic speeds on unpaved roads must be limited to fifteen (15) miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; 20 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 twenty- four (24) hours of their receipt. 50. Trails Plans. Prior to the issuance of any grading permits, the applicant shall submit grading plans and construction specifications to the City of Menifee Community Development Department and Engineering Department for review and approval. These grading plans shall show the location of all trails consistent with the approved trails plan which was required prior to map recordation. ARCHEOLOGY 51. Archaeologist Retained. Prior to the issuance of a grading permit, the developer/permit holder shall retain and enter into a monitoring and mitigation service contract with a qualified archaeologist for mitigation monitoring services. This professional shall be known as the "Project Archaeologist." The Project Archaeologist 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, grading, and trenching. The Project Archaeologist shall have the authority to temporarily divert, redirect or halt ground disturbing activities to allow for the identification and evaluation of any discovered resources. The Project Archaeologist shall also facilitate the potential archaeological excavation of any cultural resources in coordination with any required tribal or special interest monitors. The applicant shall provide written verification that a County-certified archaeologist has been retained to implement the monitoring program. This verification shall be presented in a letter from the Project Archaeologist to the City of Menifee. 52. Pre-Grading Meeting. The qualified archaeologist shall attend the pre-grading meeting with the contractors to explain and coordinate the requirements of the monitoring program, including a cultural sensitivity training component. Prior to Issuance of Building Permit 53. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be 21 satisfied prior to the issuance of a Building Permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 54. Building Plans Required. The developer shall cause building plans to be submitted to the Building and Safety Department for review and approval by the Department of Building and Safety - Plan Check Division. Building and Safety will require the following items: 1. Plans shall be designed to the provisions of the 2013 edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 2. Three (3) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. 3. Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel, cross and directional slope percentages, site accessibility features and details. 4. All exterior lighting shall comply with Ordinance 2009-24, “Dark Sky Ordinance”. 5. All exterior lighting shall fall within current commercial standards. 6. Separate plan submittal will be required to Riverside County Fire along with a formal transmittal issued by Building and Safety. Note: This condition implements the Mitigation Measure for Section 3(a) and 12 of Environmental Assessment No. 39076. 55. Dark Sky Ordinance. All outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the City of Menifee Ordinance No. 2009-024 and the General Plan. Note: This condition implements the Mitigation Measure for Section 3(a) of Environmental Assessment No. 39076. 56. Roof-Mounted Equipment. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy-saving devices shall be permitted with Community Development Department approval. 57. Utilities Underground. All utility extensions within a lot shall be placed underground. 58. Building Separation. Building separation between all buildings shall not be less than ten (10) feet. Additional encroachments are only allowed as permitted by the Specific Plan and/or County Ordinance No. 348. 59. Parking. Parking spaces are required in accordance with Ordinance No. 348. All parking areas and driveways shall be surfaced to current standards as approved by the City of Menifee Engineering Department. 22 60. Conform to Final Site of Development Plan. The building plans shall be consistent with the approved elevations of the final site of development plans. The building plans shall be reviewed for consistency with the final site of development plans prior to Building Permit issuance. 61. Acoustical Study. The land divider/permit holder shall cause an acoustical study to be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwellings units within the subdivision to reduce the first and second story ambient interior and exterior levels to 45dBA Ldn and 65 dBA Ldn, respectively. The study shall be submitted, along with the appropriate fees, to Riverside County Department of Public Health – Industrial Hygiene Division for review and approval. A copy of the approved report shall then be provided to the City of Menifee Community Development Department to ensure implementation of the mitigation measures listed in the approved report in the final building plans. 62. Trail Plans. The applicant shall submit a trails plan (minor plot plan application) to the City of Menifee Community Development Department for review and approval. This trails plan shall show the trail with all topography, grading, fencing, cross-sections, street crossings and under crossings, signage (if appropriate), lighting and landscaping. Trail crossings shall be located as indicated on the APPROVED TENTATIVE MAP. The plan shall be approved by the Community Development Department and Community Services Department prior to building permit issuance. 63. Design of Park. The applicant or applicant-in-successor shall design plans for the park lots depicted as Lot ‘EE’ on the Tentative Map. The plans shall be submitted to the Community Development Department and the Community Services Department for review and approval prior to the issuance of the first building permit. The park design shall include, at a minimum, a selection of the following list of uses: tot lots, barbeques, picnic area, soccer fields, ½ court basketball areas, and an internal meandering path/walkway, or as required by the City Community Services Director. MINOR PLANS REQUIRED 64. Landscaping Plans. The land divider/permit holder shall file five (5) sets of a Landscaping and Irrigation Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with City Requirements, Menifee Municipal Code Chapter 15.04 and Chapter 9.86, Ordinance 348 Section 18.12, Sections 19.300 through 19.304, and the TENTATIVE MAP conditions of approval. The plan shall address all areas and conditions of the tract requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping within Open Space Lots ‘AA’ 23 thru ‘HH’, and individual front yard landscaping). Emphasis shall be placed on using plant species that are drought tolerant with low water needs. The plans shall provide for the following: 1) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems are encouraged. 2) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Community Development Department. Utilities shall be placed underground. 3) Any required landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 4) Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, groundcover, shrubs, and specimen trees in conjunction with meandering sidewalks, benches, and other pedestrian amenities where appropriate as approved by the Community Development Department. 5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 6) Landscaping plans shall incorporate native and drought-tolerant plants where appropriate. 7) Turf shall be eliminated in areas unless purposed for active use. 8) All basins for drainage and/or water quality shall be screened from view with landscaping. 9) Front yard typical landscaping plans shall provide a minimum of one (1) xeriscape option for home buyers. 10) All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked. 11) Multi-programmable irrigation controllers which have enough programs to break up all irrigation stations into hydro zones shall be used. If practical and feasible, rain shutoff devices shall be employed to prevent irrigation after significant precipitation. Irrigation systems shall be designed so areas which have different water use requirements are not mixed on the same station (hydro zones). Assistance in implementing a schedule based on plant water needs is available from CIMIS or Mobile Lab. The use of drip irrigation should be considered for all planter areas that have a shrub density that will cause excessive spray interference of an overhead 24 irrigation system. Use flow reducers to mitigate broken heads next to sidewalks, streets, and driveways. 12) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtr ation, where possible. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineering Department ONLY. 65. Entry Monument Plans. The land divider/permit holder shall file three (3) sets of an Entry Monument plot plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval. The plot plan shall contain the following elements: 1) A color rendering of a frontal view of all/the entry monument(s) with landscaping. 2) A plot plan of the entry monuments with landscaping drawn to an engineer's scale. If lighting is planned, the location of lights, their intended direction, and proposed power shall be indicated. 3) An irrigation plan for the entry monument(s). NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by the conditions of approval for this subdivision. However, this ENTRY MONUMENT condition of approval shall be cleared individually. The monument plan shall be approved prior to issuance of Building Permits. If monuments do not accommodate design requirements of the R-1 zone or meet line-of-sight requirements, Lot Line Adjustment or a Minor Change to the TENTATIVE MAP may be necessary. 66. Model Home Complex. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The Model Home Complex plot plan shall contain the following elements: 25 1) An engineer's scaled plan showing the model home lots, lot numbers, tract number, and north arrow. 2) Show front, side and rear yard setbacks. 3) Provide two dimensioned off street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. 4) Show detailed fencing plan including height and location. 5) Show typical model tour sign locations and elevation. 6) Three (3) sets of photographic or color laser prints (8" X 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 7) Provide a Model Home Complex landscape and irrigation plan. NOTES: The Model Home Complex plot plan shall not be approved without Final Site Development Plan approval, or concurrent approval of both. See the Community Development Department Model Home Complex application for detailed requirements. The requirements of this plot plan may be incorporated with any minor plot plan required by the subdivision's conditions of approval. However, this MODEL HOME COMPLEX condition of approval shall be cleared individually. The applicant will be required to enter into a model home complex agreement with the City of Menifee. The agreement stipulates terms for removal of the complex. The model home complex plan shall be approved prior to issuance of a Building Permit. 67. Final Site of Development Plan. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. Subdivision development shall conform to the approved plot plan and shall conform to the Countywide Design Guidelines. The plot plan shall be approved by the Community Development Director prior to issuance of Building Permits for lots included within that plot plan. 26 The plot plan shall contain the following elements: 1) A final site plan (40' scale precise grading plan) showing all lots, building footprints, setbacks, mechanical equipment and model assignments on individual lots. 2) Each model floor plan and elevations (all sides). 3) Three (3) sets of photographic or color laser prints (8" x 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations in accordance with the approved Countywide Design Guidelines and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 4) At a minimum there should be three different floor plans for tract maps with 50 or less units. Reverse floor plans are not included as different floor plans. For tract maps with 51 to 99 units, there shall be at least four different floor plans. Tract maps with 100 units or more shall provide five different floor plans and an additional floor plan for every 100 dwelling units above 100 units. For development projects that are to be constructed in phases, a phasing plan shall be submitted to assure that the requirements for number of floor plans is being met. 5) Homes and garages shall be placed at varying distances from the street and have varying entry locations. 6) The colors and materials on adjacent residential structures should be varied to establish a separate identity for the dwellings. A variety of colors and textures of building materials is encouraged, while maintaining overall design continuity in the neighborhood. Color sample boards shall be submitted as a part of the application and review process. 7) All new residences with garages shall be provided with roll-up (i.e. on tracks) garage doors (either sectional wood or steel). At least twenty-five percent (25%) of the garage doors in any project should have windows. NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by this subdivision's conditions of approval. However, this FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared individually. 68. Wall and Fence Plan. The land divider/permit holder shall file three (3) sets of a Wall/Fencing Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with 27 the Countywide Design Guidelines, Ordinance No. 348 Section 18.12, and the TENTATIVE MAP conditions of approval. A. The plan shall show all project fencing including, but not limited to, perimeter fencing, side and rear yard fencing, and open space or park fencing. A typical frontal view of all fences shall be shown on the fencing plan. B. All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments, as approved by the Community Development Department. C. All wood fencing or gates shall be treated with heavy oil stain to match the natural shade to prevent bleaching from irrigation spray. D. Front yard return walls shall be constructed of masonry slump stone or material of similar appearance, maintenance, and structural durability) and shall be a minimum of five feet in height. E. Side yard gates are required on one side of the home and shall be constructed of vinyl, wood, wrought iron, or tubular steel fence. Chain- link fencing is not permitted. All construction must be of good quality and sufficient durability with an approved stain and/or sealant to minimize water staining. (Applicants shall provide specifications that shall be approved by the Community Development Department). F. All lots having rear and/or side yards facing local streets or otherwise open to public view shall have fences or walls c onstructed of decorative block. G. Corner lots shall be constructed with wrap-around decorative block wall returns. H. Wrought iron or tubular steel fence sections may be included within tracts where view opportunities and/or terrain warrant its use. Where privacy of views is not an issue, tubular steel or wrought iron sections should be constructed in perimeter walls in order to take advantage of casual view opportunities. I. The plan shall show the location of all retaining walls. Retaining walls shall be constructed with decorative (e.g., split-faced) block (were exposed/one-sided) and a masonry cap. J. Wall construction and heights shall conform to applicable noise mitigation. K. Decorative Block Walls along Rouse, Junipero, Menifee and Palomar shall be required and entail the following: i. Two sections: A landscaping section and an alternative wall section. 28 a. Landscaping section shall be set back into Lot 4 feet and will be heavily landscaped as shown on Exhibit W of TR 31098M1, dated 12-19-06. b. Alternating wall sections shall have a smooth stucco finish with planted green vines grown onto wall. c. Separating the two sections will be brick caps with native and cultured stones over rustic brick pilasters. ii. Native stones and native boulders are to be used in landscaping. iii. Walls shall have a height of 5 to 6 feet, or as required by Riverside County Department of Public Health – Office of Industrial Hygiene. iv. Length of each wall section shall be 75 to 80 ft. wide. LANDSCAPING 69. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation as defined by County Ordinance No. 348. Landscaping and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04 and 9.86, Riverside County Guide to California Friendly Landscaping, and Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts. The front yard landscaping must be installed prior to final occupancy release. 70. Performance Securities. Performance securities for common areas, in amounts to be determined by the Community Development Director to guarantee that the installation of plantings, irrigation system, walls and/or fences, improvements, and/or amenities are completed and ready for public use within the timeframes specified in these Conditions of Approval; and, in accordance with the approved plan, shall be filed with the Community Development Department. Securities may require review by the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the six-month and one-year post-establishment report confirms that the planting and irrigation components have been adequately installed and maintained or once the corresponding improved lot has been accepted for maintenance by the City. A cash security shall be required when the estimated cost is $2,500.00 or less. Security deposits are only required for common areas. 71. Landscape Inspection Deposit. Prior to issuance of Building Permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre-installation inspections, installation inspections, Six Month Post Establishment and One Year Post Establishment Landscape Inspections. The amount of hours for the Inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. FEES 29 72. Fees. Prior to issuance of Building Permits, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permitee. 73. Romoland School District. Impacts to the Romoland School District shall be mitigated in accordance with California State law. Note: This condition implements the Mitigation Measure for Section 36 of Environmental Assessment No. 39076. 74. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. Note: This condition implements the Mitigation Measure for Section 36 of Environmental Assessment No. 39076. Prior to Final Inspection 75. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of final occupancy. The Community Development Director may require inspection or other monitoring to ensure such compliance. 76. Anti-Graffiti Coating. An anti-graffiti coating shall be provided on all block walls, and written verification from the developer shall be provided to the Community Development Department. 77. Fencing and Wall Compliance. Fencing shall be provided throughout the subdivision in accordance with the approved final site development plans and/or walls and fencing plan. 78. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be installed in accordance with the approved entry monument plans. 79. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations approved as part of the final site of development plan. 80. Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 81. Roll Up Garage Doors. All residences shall have automatic roll-up garage doors. 82. Final Planning Inspection. The permitee shall obtain final occupancy sign-off from the Planning Division for each Building Permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been 30 met, including compliance with the approved elevations, site plan, walls and fencing and landscaping. 83. Notification to Surrounding Property Owners The developer shall provide notification to all initial and future purchasers of dwelling units within Lots adjacent to parks (as shown on the tentative map), to advise that there will be a park operating nearby and inform them of the potential impacts (possible noise, and that on-street parking may be used by people visiting the parks from time to time). 84. Park Performance Securities. Prior to the issuance of the first certificate of occupancy within the subdivision, the developer shall provide a sufficient surety, as determined by the Community Services Director, to guarantee that the park improvements located within Lot ‘EE’ and amenities are completed and ready for public use. The surety shall be in an amount necessary to guarantee the installation of plantings, irrigation system, walls and/or fences, recreation equipment and other improvements in accordance with the approved parks plan. Securities may require review by the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the six-month and one-year post- establishment report confirms that the park, including all planting and irrigation components have been adequately installed and maintained. LANDSCAPING 85. Soil Management Plan The permittee shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, “What is required in a Soil Management Plan?” 86. Landscape/Irrigation Install Inspection The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre-Landscape installation inspection and a Landscape Completion Installation Inspection with the Community Development Department. The pre-landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. Six Month and One Year Post-Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections. 87. Landscape Installation. All required landscape planting and irrigation, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development 31 Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 88. Final Landscape Approval The final landscape approval following installation shall be subject to the review and approval of the City’s Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES 89. Quimby Fees. Quimby fees are not required to be paid to the City, since the applicant is required per the Conditions of Approval to dedicate parkland prior to map recordation as permitted under the Subdivision Map Act. 90. DIF Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set for th policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 91. MSHCP Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 810, which requires payment of the appropriate fee set forth in the Ordinance. Ordinance No. 810 has been established to set forth policies, regulations and fees related to the funding and acquisition of open space and habitat necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 32 92. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permitee. Prior to Issuance of Given Building Permit or Occupancy PARK and OPEN SPACE LOT CONDITIONS The Community Development Director shall have the ability to defer the installation of the landscaping as noted below, but may require performance securities and additional deposits to cover administrative costs. Under no circumstance shall landscaping be deferred if 80% of the tract has been occupied. 93. Suspension of Building Permit Issuance and/or Inspections. Pursuant to City Municipal Code Section 9.55.120, failure to comply with any deadline for the development of the improvements and/or amenities shall halt the issuance of building permits and suspension of all building inspections for residential dwelling units within the subdivision. 94. Trail Construction. Prior to the issuance of the 88th building permit, the applicant shall build the trails along Menifee Road and Rouse Road as shown on the approved trails plan. Note: This condition implements the Mitigation Measure for Section 40 of Environmental Assessment No. 39076. 95. Open Space Lots ‘AA’ thru ‘DD’ (Grass-lined Channel). Prior to the first issuance of a certificate of occupancy for any lot within the tract, excluding model homes, the grass-lined channel indicated as Lot ‘AA’ through ‘DD’ on the Approved Tentative Map, shall be installed, inspections completed and passed and performance securities posted. 96. Open Space Lot ‘EE’ (Park Site) – Design Plans. Prior to issuance of the 1st building permit, the applicant or applicant-in-successor shall submit design plans for the active park (Lot ‘EE’) to the Community Development Department and Community Services Department for review and comment. 97. Open Space Lot ‘EE’ (Park Site) – Security Deposit. Performance securities for the Park Site (Lot ‘EE’), in amounts to be determined by the Community Development Director to guarantee that the installation of plantings, irrigation system, walls and/or fences, improvements, and/or amenities shall be completed and ready for public use prior to the issuance of an occupancy permit for any lot within the tract, excluding model homes; and, in accordance with the approved plan, shall be filed with the Community Development Department. Securities may require review by the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the six-month and one-year post- establishment report confirms that the improvements listed above are adequately installed and maintained or once the corresponding improved lot 33 has been accepted for maintenance by the City. A cash security shall be required when the estimated cost is $2,500.00 or less. 98. Open Space Lot ‘EE’ (Park Site) – Installation. Prior to issuance of the 132nd certificate of occupancy within the tract, the park lot indicated as Lot ‘EE’ on the Approved Tentative Map, all landscaping and irrigation within Lot ‘EE’ shall be installed, inspections completed and passed and performance securities posted. 99. Open Space Lot ‘FF’ (Northwesterly Basin). Prior to issuance of a certificate of occupancy of any of the residential Lots 249 thru 254, the northwesterly basin indicated as Lot ‘FF’ on the Approved Tentative Map, all landscaping and irrigation within Lot ‘FF’ shall be installed, inspections completed and passed and performance securities posted. 100. Open Space Lot ‘GG’ (Northeasterly Basin). Prior to issuance of a certificate of occupancy of any of the residential Lots 115 thru 128, the northeasterly basin indicated as Lot ‘GG’ on the Approved Tentative Map, all landscaping and irrigation within Lot ‘GG’ shall be installed, inspections completed and passed and performance securities posted. 34 Section III: Public Works/Engineering Conditions of Approval 35 The following are the 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 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: 101. Subdivision Map Act - The developer/property owner shall comply with the State of California Subdivision Map Act. 102. Plans Format and Signature. All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required. 103. 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. All submittals shall be date stamped by the engineer. All large format plans shall be bulk folded to 9”x12”. A CD of all items shall be submitted with each plan check. A scanned image of all final approved grading and improvement plans shall be provided to the City. ACAD files 2004 or later are required for all final maps upon approval. 104. Plan Submittals and Approvals – A copy of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the PW Engineering Department for review. The plans must receive PW approval prior to final map recordation; or issuance of any construction and/or grading permit or issuance of building permits as determined by the PW Director. 105. As -Built Plans – The developer/property owner shall cause the civil engineer of record to submit project base line of work for all layers in Auto CAD DXF format on Compact Disc (CD) to the Public Works Department. If the required files are unavailable, the developer/property owner shall pay a scanning fee to cover the cost of scanning the as-built plans. The timing for submitting the as-built plans shall be as determined by the Public Works Director/City Engineer. 106. Construction Times of Operations. The developer/property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: a. Any construction within the City limits located 1/4 of a mile of 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 36 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. b. Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. c. The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions. d. A Pre-Construction meeting is mandatory with the City’s Public Works Senior Inspector prior to start of any construction activities for this site. 107. Bond Agreements and Improvement Security. The developer/property owner shall post bonds or security in forms acceptable to the City, guaranteeing the construction of all required grading and improvements in accordance with applicable City policies and ordinances, and as determined by the Public Works Director/City Engineer. The grading and improvements shall include, but not limited to: onsite/offsite grading, street improvements, street lights, traffic signals, signing and striping, landscaping within right of way or dedicated easements, water quality BMPs, and storm drainage facilities. 108. Existing Easements - The submitted tentative tract map shall correctly show all existing easements, traveled ways, and drainage courses with appropriate Qs. Any omission or misrepresentation of these documents may require said tentative tract map to be resubmitted for further consideration. GRADING – GENERAL CONDITIONS 109. General Grading. All grading shall conform to the latest adopted edition of the California Building Code, City adopted Riverside County Ordinance 457, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. These include improvement such as grading, filling, over excavation and re-compaction of base or paving which require a grading permit. Note: This condition implements the Mitigation Measures for Section 16(a) and 17(a) of Environmental Assessment No. 39076. 110. Slope Stability. A slope stability report shall be submitted and approved by the PW -Engineering Department for all proposed cut or fill slopes steeper than 2:1 (horizontal:vertical) or over 30 feet in vertical height - unless addressed in a previously City approved report. 111. Erosion Control Plans – All grading plans shall require approved erosion control plans. Graded but undeveloped land shall provide, in addition to 37 erosion control planting, drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control Best Management Practices (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 a rain event, or before an anticipated rain event. 112. Permitting. Improvement such as grading, filling, over excavation and re- compaction, and base or paving which require a grading permit are subject to the Public Works/Engineering Department conditions of approval. 113. Grading Regulations. All grading shall conform to the California Building Code, Ordinance 457, and all other relevant laws, rules and regulations governing grading in Riverside County and prior to commencing any grading which includes 50 or more cubic yards, the applicant shall obtain a grading permit from the Public Works/Engineering Department. 114. Grading Permit Required. Ordinance 457 requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 115. Dust Control. All necessary measures to control dust shall be implemented by the developer during grading. 116. Max Slope. Grade slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works Engineering Department. 117. Minimum Drainage Grade. Minimum drainage grade shall be 1% except on Portland cement concrete where 0.35% shall be the minimum. 118. Terracing. Provide drainage facilities and terracing in conformance with the California Building Code's chapter on "Grading." 119. Slope Setbacks. Observe slope setbacks from buildings and property lines per the California Building Code - as amended by Ordinance 457. Note: This condition implements the Mitigation Measures for Section 16(a) of Environmental Assessment No. 39076. 120. NPDES Supplement “A.” In order to insure compliance with Supplement A - New Development Guidelines for the Santa Ana, Santa Margarita and Whitewater Drainage Management Plan, all specific land use cases (Plot Plans, Conditional Use Permits, & Public Use Permits) and subdivisions (Tracts and Parcel maps) shall provide, as a part of their grading and drainage plan, the control of impervious runoff. This shall include impervious areas graded to drain to a BMP filtration system. Direct drainage from impervious areas to the street or a storm drain facility shall be avoided. PRIOR TO MAP RECORDATION: 38 121. Offsite Easement or Redesign. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the City prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. PRIOR TO GRADING PERMIT ISSUANCE: 122. Grading Permit for Clearing and Grubbing. A grading permit is required from the PW -Engineering Department prior to any clearing, grubbing, or any top-soil disturbances related to construction grading activities. 123. Grading Bonds. Grading in excess of 199 cubic yards will require performance security to be posted with the Building and Safety Department. Single Family Dwelling units graded one lot per permit and proposing to grade less than 5,000 cubic yards are exempt. 124. 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 PW/Engineering. 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 Planning Director for review and comment and to City PW Director for review and final approval. 125. Temporary Erosion Control Measures. Temporary Erosion Control Measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to PW/Engineering for review and approval. 126. Geotechnical Report. Current or updated geotechnical soils report is required in order to obtain a grading permit. The report shall be submitted to the PW/ Engineering Department for review and approval prior to issuance of a grading permit. A copy of the preliminary soils report that includes pavement investigation addressing construction requirements within public ROW shall be submitted prior to map recordation. All grading shall be in conformance with the recommendations of the geotechnical/soils reports and as approved by PW Director. 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. 127. Drainage Design – Q100. All grading and drainage shall be designed in accordance with Riverside County Flood Control and Water Conservation District's conditions of approval regarding this application. If not specifically addressed in their conditions, drainage shall be designed to accommodate 100-year storm flows. 39 Additionally, the PW/Engineering Department’s conditional approval of this application includes an expectation that the conceptual grading plan reviewed and approved for it complies or can comply with any WQMP (Water Quality Management Plan) required by Riverside County Flood Control and Water Conservation District. Note: This condition implements the Mitigation Measures for Section 17(a) of Environmental Assessment No. 39076. 128. Drainage Easement. A recorded drainage easement is required for cross lot (lot to lot) drainage. 129. 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 State Water Resource Control Board (SWRCB). Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans. For additional information on how to obtain a GCP, contact the SWRCB. Note: This condition implements the Mitigation Measures for Section 18(a) of Environmental Assessment No. 39076. 130. SWPPP. Prior to approval of the grading plans, the developer/property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer/property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. Note: This condition implements the Mitigation Measures for Section 18(a) of Environmental Assessment No. 39076. PRIOR TO BUILDING PERMIT ISSUANCE: 131. No Building Permit without Grading Permit. Prior to issuance of any building permit, the developer/property owner shall obtain a grading permit and/or approval to construct from the Public Works Engineering Department. 132. Final Rough Grading Conditions. Prior to issuance of each building permit, the developer/property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction, for the lots for which building permits are requested. 40 The certifications shall use City approved forms, and shall be submitted to the Public Works Engineering Department for verification and acceptance. 133. Conformance to Elevations/Geotechnical Compaction. Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 134. 4:1 Manufactured Slopes. Plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees as approved by the PW/Engineering Department's Erosion Control Specialist. 135. Finish Grade. The developer/property owner shall cause the Civil Engineer of Record for the approved grading plans, to submit signed and wet stamped final grade certification on City approved form, for each building for which a certificate of occupancy is requested. The certification shall be submitted to the Public Works/Engineering Department for verification and acceptance. 136. Conform to Elevations. Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. DRAINAGE – GENERAL CONDITIONS 137. Flood Hazard Report. This is a proposal to subdivide 91.2 acres for residential use in the Romoland area. The site is located at the southwest corner of Menifee Road and Rouse Road. The site is subject to offsite runoff from the south and east. Per the prior County of Riverside Condition of Approval: “Tract 31795 which is currently (March 2005) in plan check proposes to drain their stormwater south away from this site as agreed upon by the District. A school is under construction immediately south of this site and west of Junipero Road. Once the school improvements have been constructed it would provide flood protection for this tract.” Upon completion of said improvements, additional requirements needed to support the prior County Conditions of Approval shall be at the discretion of the Public Works Director. The developer proposes to grade the site south of the tier of lots east of Junipero Road to the proposed grass-lined channel that would traverse the site. This channel would be an extension of Romoland MDP Line A-2. The developer proposes to drain the tract via streets and storm drains that would outlet to the grass-lined channel. There is no adequate outlet for this tract. Development of this tract will require the construction of Romoland Master Drainage Plan Line A-2, Romoland 41 Master Drainage Plan Line A to the I-215 and the construction of interim Romoland Master Drainage Plan Line A Channel from the I-215 to the San Jacinto River. It should be noted that the District will not allow the issuance of grading permits nor allow recordation of the final map until the plans for Line A- 2, and Line A have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if a Community Facilities District (CFD) is formed to construct the facilities listed above, then map recordation and grading permits will be allowed when the construction contracts for those facilities are awarded. Occupancy will not be granted for any lots until all downstream facilities are functional. Per the prior County of Riverside Condition of Approval: “The flood protection for lots west of Junipero Road is contingent upon proposed improvements by the School District. If these improvements are not complete prior to grading for this tract then this tract shall be redesigned to assure collection of offsite storm flows. A loss of lots will likely result. If the school improvements are constructed then as-build plans and backup calculations shall be provided. Upon completion of said improvements, additional requirements needed to support the prior County Conditions of Approval shall be at the discretion of the Public Works Director. The site is located within the bounds of the Homeland/Romoland Area Drainage Plan (ADP) for which drainage fees have been established by the Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to permits for this project. Although the current fee for this ADP is $5,911 per acre, the fee due will be based on the fee in effect at the time of payment. If the aforementioned CFD is formed and constucts ADP facilities, the ADP fee obligation for this tract will be adjusted appropriately (per Section V.d, pg 10) of the Board adopted Rules and Regulations for Administration of Area Drainage Plans. 138. Construct Drainage Facilities. The District will not allow the issuance of grading permits nor allow recordation of the final map until the plans for Line A and Line A-2 have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if a Community Facilities District (CFD) is formed to construct the facilities listed above, then map recordation and grading permits will be allowed when the construction contracts for these facilities are awarded. Occupancy will not be granted for any unit until all downstream facilities are functional. The developer shall be responsible for the maintenance of these facilities until their maintenance is transferred to either the District or the Community Facilities District. A separate means of mitigating for increased runoff would not be necessary for onsite flows that drain to Line A given that said facility is considered to be an adequate outlet. 42 139. 10 Year Curb/100 Year ROW. The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 140. 100 Year Sump Outlet. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 141. Natural Drainage Patterns. The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. 142. Coordinate Drainage Design. Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. 143. Owner Maintenance Notice. The subdivider shall record sufficient documentation to advise purchasers of any lot within the subdivision that the owners of individual lots are responsible for the maintenance of the drainage facility within the drainage easements shown on the final map. 144. Major Facilities. Prior to initiation of the final construction drawings for those facilities required to be built as part of the Homeland/Romoland Area Drainage Plan, the developer shall contact the Riverside County Flood Control and Water Conservation District to ascertain the terms and conditions of design, construction, inspection, transfer of rights of way, project credit in lieu of charges and reimbursement schedules which may apply. The developer shall note that if the estimated cost for required Area Drainage Plan facilities exceeds the required mitigation charges and the developer wishes to receive credit for reimbursement in excess of his charges, the facilities will be constructed as a public works contract. Scheduling for construction of these facilities will be at the discretion of the District. 145. Greenbelt Facilities Maintenance. The developer has proposed an onsite green belt channel to convey storm flows. This channel shall be designed to convey the approved tributary flowrate. The proposed greenbelt facilities would be an amenity serving the development. The District would be willing to maintain the lines and grade and structural aspects of the channel but cannot be responsible for the landscaping. Maintenance expenses for the greenbelt park drainage system will be high. The District must ensure that the public is not unduly burdened for future costs. The District will require that prior 43 to the issuance of any grading permit the developer along with a Parks District or alternate viable public maintenance entity shall enter into an agreement with the Riverside County Flood Control and Water Conservation District which guarantees the perpetual maintenance of the drainage facilities proposed by the developer. Said agreement shall be acceptable to both the District and the City of Menifee Public Works Director. 146. Greenbelt Design Criteria. The developer has proposed incorporating a greenbelt or 'soft-bottom' channel into the project. The following criteria shall be used to design the channel: If velocities are erosive (i.e. greater than 6 fps) revetment for side slopes shall be proposed and 15-foot maintenance roads shall be shown on both sides of the conveyance area. Where soft bottoms and revetted side slopes are proposed, provisions for maintenance of the buried portion of the revetment shall be incorporated into the channel design and also into any required environmental mitigation/conservation plan. The channel design shall be developed using hydraulic runs that consider both the maximum depth and the maximum velocity. The following criteria shall be used for selecting Manning's n value, unless substantiation for other values is submitted: When determining the maximum depth: for vegetated/habitat low flow channel n = 0.10, for non-mowed channel outside of low-flow section n = 0.04, for mowed non-irrigated channel outside of low-flow section n = 0.030. When determining the maximum velocity: for vegetated/habitat low flow channel n = 0.10, for the rest of the channel n = 0.025. If flows are non-erosive (i.e. less than 6 fps) then the side slopes may be non-reveted if they are to be landscaped but shall be no steeper than 4H to 1V and 15-foot maintenance roads shall be provided on both sides of the conveyance area. The Manning's n values given above shall be used to show that these flows are non-erosive, and to determine the maximum depth of water. If flows are non-erosive (i.e. less than 6 fps) then the side slopes may be non-reveted if they are to be landscaped but shall be no steeper than 4H to 1V and 15-foot maintenance roads shall be provided on both sides of the conveyance area. The Manning's n values given above shall be used to show that these flows are non-erosive, and to determine the maximum depth of water. 147. Waters of the US. A portion of the proposed project may affect "waters of the United States", "wetlands" or "jurisdictional streambeds". Therefore, a copy of appropriate correspondence and necessary permits, or correspondence showing the project to be exempt, from those government agencies from which approval is required by Federal or State law (such as Corps of Engineers 404 permit or Department of Fish and Game 1603 agreement) shall be provided to the City prior to the recordation of the final map. All Regulatory Permits (and any attachments thereto such as Habitat Mitigation and Monitoring Plans, Conservation Plans/Easements) to be secured by the Developer shall be submitted to the City for review. The terms of the Regulatory Permits shall be approved by the City prior to improvement plan approval, map recordation or finalization of the Regulatory Permits. There shall be no unreasonable constraint upon the City's ability to operate and maintain the flood control facility to protect public health and safety. 44 148. Interceptor Drain Criteria. The criteria for maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular channel. Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. 149. BMP – Energy Dissipators. Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet. 150. BMP – Trash Racks. Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 151. School District Improvements. The flood protection for the lots west of Junipero Road is contingent upon proposed improvements by the School District. If these improvements are not complete prior to grading for this tract then this tract shall be redesigned to assure collection of offsite storm flows. A loss of lots will likely result. If the school improvements are constructed then as- build plans and backup calculations shall be provided. 152. Drainage 1. The land divider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the PW Director. 153. Drainage 2. The land divider shall accept and properly dispose of all off- site drainage flowing onto or through the site. In the event the PW/Engineering Department permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities and/or appropriate easements as approved by the PW Director. PRIOR TO MAP RECORDATION: 154. Map Increased Runoff Criteria. The entire area of proposed development will be routed through a detention facility(s) to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable. Storms to be studied will include the 1-hour, 3-hour, 6-hour and 24-hour duration events for the 2-year, 5-year and 10-year return frequencies. Detention basin(s) and outlet(s) sizing will ensure that none of these storm events has a higher peak discharge in the "after" condition than in the "before" condition. 45 For the 2-year and 5-year events the loss rate will be determined using an AMC I condition. For the 10-year event AMC II will be used. Constant loss rates shall be used for the 1-hour, 3-hour and 6-hour events. A variable loss rate shall be used for the 24-hour events. Low Loss rates will be determined using the following: 1. Undeveloped Condition --> LOW LOSS = 90% 2. Developed Condition --> LOW LOSS = .9 - (.8 X % IMPERVIOUS) 3. Basin Site --> LOW LOSS = 10% Where possible and feasible the on-site flows should be mitigated before combining with off-site flows to minimize the size of the detention facility required. If it is necessary to combine off-site and on-site flows into a detention facility two separate conditions should be evaluated for each duration/return period/before-after development combination studied; the first for the total tributary area (off-site plus on-site), and the second for the area to be developed alone (on-site). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or on -site alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre-developed, post-developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study. No outlet pipe(s) will be less than 18" in diameter. Where necessary an orific e plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter. The basin(s) and outlet structure(s) must be capable of passing the 100-year storm without damage to the facility. Mitigation basins should be designed for joint use and be incorporated into open space or park areas. Side slopes should be no steeper than 4:1 and depths should be minimized where public access is uncontrolled. A viable maintenance mechanism, acceptable to both the City and the District, should be provided for detention facilities. Generally, this would mean a special district such as a CSA, a landscape district, or commercial property owners association. Residential homeowners associations would generally be acceptable. 155. Construct Drainage Facilities. The City will not allow the issuance of grading permits nor allow recordation of the final map until the plans for Line A and Line A-2 have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if a Community Facilities District (CFD) is formed to construct the facilities listed above, then map recordation and grading permits will be allowed when the construction contracts for these facilities are awarded. Occupancy will not be granted for any unit until all downstream facilities are functional. 46 The developer shall be responsible for the maintenance of these facilities until their maintenance is transferred to either the City or the Community Facilities District. A separate means of mitigating for increased runoff would not be necessary for onsite flows that drain to Line A given that said facility is considered to be an adequate outlet. Note: This condition implements the Mitigation Measures for Section 23 and 24 of Environmental Assessment No. 39076. 156. Submit Plans. A copy of the improvement plans, grading plans, final map, environmental constraint sheet, BMP improvement plans, and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the District for review. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. Note: This condition implements the Mitigation Measures for Section 23 and 24 of Environmental Assessment No. 39076. 157. Onsite Easement. Onsite drainage facilities located outside of road right of way shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". Note: This condition implements the Mitigation Measures for Section 23 and 24 of Environmental Assessment No. 39076. 158. Permission to Grade. Written permission shall be obtained from the affected property owners allowing the proposed grading and/or facilities to be installed outside of the tract boundaries. A copy of the written authorization shall be submitted to the City for review and approval. 159. Acceptance of Facilities. Inspection and maintenance of the flood control facility/ies to be constructed with this tract must be performed by either the PW/Engineering Department or the Flood Control District. The engineer (owner) must request in writing that one of these ag encies accept the proposed system. The request shall note the project number, location, briefly describe the system (sizes and lengths) and include an exhibit that shows the proposed alignment. The request to the City shall be addressed to the PW Director. If the City is willing to maintain the proposed facility three items must be accomplished prior to recordation of the final map or starting construction of the drainage facility: 1) the developer shall submit to the City the preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the City and secure that right of way to the satisfaction of the City; 2) an agreement with the City and any maintenance partners must be executed which establishes the terms and conditions of inspection, operation and maintenance; and 3) plans for the facility must be signed by the City PW Director. The plans cannot be signed prior to execution of the agreement. An application to draw 47 up an agreement must be submitted to the attention of the PW/Engineering Department. All right of way transfer issues must be coordinated with the PW/Engineering Department. The engineer/developer will need to submit proof of flood control facility bonds and a certificate of insurance to the City’s Inspection section before a pre- construction meeting can be scheduled. Note: This condition implements the Mitigation Measures for Section 23 and 24 of Environmental Assessment No. 39076. 160. ADP Fees. A notice of drainage fees shall be placed on the environmental constraint sheet and final map. The exact wording of the note shall be as follows: NOTICE OF DRAINAGE FEES Notice is hereby given that this property is located in the Homeland/Romoland Area Drainage Plan which was adopted by the Board of Supervisors of the County of Riverside pursuant to Section 10.25 of Ordinance 460 and Section 66483, et seq, of the Government Code and that said property is subject to fees for said drainage area. Notice is further given that, pursuant to Section 10.25 of Ordinance 460, payment of the drainage fees shall be paid with cashier's check or money order only to the Riverside County Flood Control and Water Conservation District at the time of issuance of the grading or building permit for said parcels, whichever occurs first, and that the owner of each parcel, at the time of issuance of either the grading or building permit, shall pay the fee required at the rate in effect at the time of issuance of the actual permit. 161. BMP – Maintenance and Inspection. Unless an alternate viable maintenance entity is established, the CC&R's for the development's Homeowners Association (HOA) shall contain provisions for all structural BMPs to be inspected, and if required, cleaned no later than October 15 each year. The CC&R's shall identify the entity that will inspect and maintain all structural BMP's within the project boundaries. A copy of the CC&R's shall be submitted to the City for review and approval. PRIOR TO GRADING PERMIT ISSUANCE: 162. Construct Drainage Facilities. The District will not allow the issuance of grading permits nor allow recordation of the final map until the plans for Line A and Line A-2 have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if a Community Facilities District (CFD) is formed to construct the facilities listed above, then map recordation and grading permits will be allowed when the construction contracts for these facilities are awarded. Occupancy will not be granted for any unit until all downstream facilities are functional. 48 The developer shall be responsible for the maintenance of these facilities until their maintenance is transferred to either the City or the City Community Facilities District. A separate means of mitigating for increased runoff would not be necessary for onsite flows that drain to Line A given that said facility is considered to be an adequate outlet. Note: This condition implements the Mitigation Measures for Section 23 and 24 of Environmental Assessment No. 39076. 163. Submit Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the District for review. The plans must receive District approval prior to t he issuance of grading permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 164. Erosion Control After Grading. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the City for review. 165. Encroachment Permit Required. An encroachment permit shall be obtained for any work within the City right of way or with City facilities. The encroachment permit application shall be processed and approved concurrently with the improvement plans. 166. Map Phasing. If the tract is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows. 167. ADP Fees. Tract 31098 is located within the limits of the Homeland/Romoland Area Drainage Plan for which drainage fees have been adopted. Drainage fees shall be paid with cashier's check or money order only to the City at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the land owner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular Area Drainage Plan at the time of issuance of the grading permits or issuance of the building permits if grading permits are not issued. 168. BMP – Filtration. Impervious areas shall be graded or constructed to drain to a filtration BMP or equally effective alternative. Filtration BMPs can be found in the attachment to Supplement A, "Selection and Design of Stormwater Quality Controls". PRIOR TO BUILDING PERMIT ISSUANCE: 49 169. Grading Permits. Prior to issuance of any building permit, the property owner shall obtain a grading permit and/or approval to construct from the PW/Engineering Department. 170. Tract Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water plans must be at the job site. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water plans must be at the job site. 171. Submit Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City for review. The plans must receive City approval prior to the issuance of building permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 172. ADP Fees. Tract 31098 is located within the limits of the Homeland/Romoland Area Drainage Plan for which drainage fees have been adopted. Drainage fees shall be paid with cashier's check or money order only to the City at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the land owner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular Area Drainage Plan at the time of issuance of the grading permits or issuance of the building permits if grading permits are not issued. PRIOR TO CERTIFICATE OF OCCUPANCY: 173. Facility Completion. The City will not release occupancy permits for any residential lot within the map or phase within the map until the downstream master drainage plan facilities (Line A and Line A-2) are functional. Note: This condition implements the Mitigation Measures for Section 23 and 24 of Environmental Assessment No. 39076. 50 STREET IMPROVEMENTS AND DEDICATIONS – GENERAL 174. Additional Public Improvements. Additional public improvements required to support these County Conditions of Approval may be required at the discretion of the City of Menifee Public Works Director. 175. Street Improvements. Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, City adopted Riverside County Ordinance 461, and all other relevant laws, rules and regulations governing street construction in the City. It is understood that the tentative tract map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. Note: This condition implements the Mitigation Measures for Section 41 of Environmental Assessment No. 39076. 176. Paving or Paving Repairs. The applicant shall be responsible for obtaining the paving inspections required by Ordinance 461. Paving and/or paving repairs for utility street cuts shall be per City of Menifee Standards and Specifications and as approved by the Public Works Director/City Engineer. 177. Traffic Study. The County Transportation Department has previously reviewed the traffic study submitted for the referenced project. The study has been prepared in accordance with County-approved guidelines. The County generally concurs with the findings relative to traffic impacts. The Comprehensive General Plan circulation policies require a minimum of Level of Service 'C', except that Level of Service 'D' may be allowed with Board of Supervisors' approval in community development areas at intersections of any combination of secondary highways, major highways, arterials, urban arterials, expressways or state highways within one mile of a freeway interchange. The study indicates that it is possible to achieve adequate Level of Service for the following intersections based on the traffic study assumptions. I-215 SB Ramps/McCall Boulevard I-215 NB Ramps/McCall Boulevard Antelope Road/McCall Boulevard Palomar Road/McCall Boulevard (Future) Menifee Road/McCall Boulevard Menifee Road/Rouse Road Palomar Road/Rouse Road (Future) Encanto Drive/McCall Boulevard 'D' Street/ McCall Boulevard As such, the proposed project is consistent with this General Plan policy. The associated conditions of approval incorporate mitigation measures identified in the traffic study, which are necessary to achieve or maintain the required level of service. If grading permits have not been issued within five years of Planning Commission approval, the approved Traffic Impact Analysis 51 will be subject to revision based upon any new standards that may exist, and at the discretion and approval of the City of Menifee Public Works Director. The proposed project is subject to additional traffic requirements, as approved by the PW Director. 178. Street Improvements Required. With respect to the conditions of approval for the referenced tentative exhibit, the land divider shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461) and City of Menifee standards and specifications. It is understood that the tentative map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and all conditions of approval are essential parts and a requirement occurring in ONE is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the PW/Engineering Department. 179. Utility Install. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461. This also applies to existing overhead lines which are 33.6 kilowatts or below along the project frontage and within the project boundaries. 180. Offsite Phase. Should the applicant choose to phase any portion of this project, said applicant shall provide off-site access roads to City maintained roads as approved by the PW/Engineering Department. Note: This condition implements the Mitigation Measures for Section 41 of Environmental Assessment No. 39076. PRIOR TO RECORDATION OF FINAL MAP: 181. Traffic Signal - Design. The project proponent shall be responsible for the design of a traffic signal at the intersection of: - Junipero Road/McCall Boulevard - Menifee Road/Rouse Road with no credit given for Traffic Signal Mitigation Fees. Installation of the signal shall be per 90.TRANS.2, and City of Menifee standards and specifications. In the case that these improvements have already been completed, additional improvements required to support this County Condition of Approval may be required at the discretion of the City of Menifee Public Works Director. Note: This condition implements the Mitigation Measures for Section 41 of Environmental Assessment No. 39076. 182. Traffic Signal – Design (Not previously conditioned). The project proponent has revised the alignment of proposed Heritage Lakes Drive. As a 52 result, proposed Heritage Lakes Drive is now being proposed as a four-way intersection at Menifee Road, instead of the original T-intersection. The project proponent shall be responsible for the design of a traffic signal at the intersection of Heritage Lakes Drive and Menifee Road.” (The condition listed above was added by the Planning Commission at the September 23, 2015 public hearing) 183. Dedications. The following are per the County of Riverside Conditions of Approval, and are associated with the original County-approved map design. Rouse Road shall be improved within the dedicated right-of-way in accordance with Exhibit 'I' of the Countywide Design Guidelines. (38'/59'). 'A' Street and 'B' Street (entries) shall be improved within the dedicated right-of-way in accordance with County Standard No. 104, Standard 104, Section A. (50'/80') (modified) Junipero Road (entry) shall be improved within the dedicated right-of-way in accordance with County Standard No. 104, Section A. (46'/76') (modified) Junipero Road (except those portions adjacent to a portion of lot 150 and all of lot 151) shall be improved within the dedicated right-of-way in accordance with County Standard No. 105, Section A. (36'/60') 'D' Street, 'E' Street, 'G' Street, 'M' Street, 'P' Street, and 'Q' Street (adjacent to park sites) shall be improved within the dedicated right-of-way in accordance with County Standard No. 103, Section A. (46'/66') (modified) All remaining interior streets shall be improved within the dedicated right-of-way in accordance with County Standard No. 104, Section A. (36'/56') (modified) Note: This condition implements the Mitigation Measures for Section 41 of Environmental Assessment No. 39076. 184. Existing Maintained. The following are per the County of Riverside Conditions of Approval, and are associated with the original County-approved map design. Menifee Road is a paved City maintained road and shall be improved with concrete curb-and-gutter located 55 feet from centerline and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the PW/Engineering Department and City field inspectors, within a 76 foot half-width dedicated right-of-way in accordance with Exhibit 'L' of the Countywide Design Guidelines. (55'/76') *NOTE* This will require a curbed landscaped median. Note: This condition implements the Mitigation Measures for Section 41 of Environmental Assessment No. 39076. 53 185. 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 PW/Engineering Department. Completion of road improvements does not imply acceptance for maintenance by County. 186. Required Street Improvements. The following are per the County of Riverside Conditions of Approval, and are associated with the original County- approved map design. Palomar Road shall be improved with 29 feet of asphalt concrete pavement within a 44' part-width dedicated right-of-way in accordance with County Standard No. 105, Section A. (18'/30'). Junipero Road (portions adjacent to a portion of Lot 150 and all of Lot 151) shall be improved with 29 feet asphalt concrete pavement within a 44' part- width dedicated right-of-way in accordance with County Standard No. 105, Section A. (18'/30') Note: This condition implements the Mitigation Measures for Section 41 of Environmental Assessment No. 39076. 187. Offsite Info. The off-site rights-of-way required for said access road(s) shall be accepted to vest title in the name of the public if not already accepted. Note: This condition implements the Mitigation Measures for Section 41 of Environmental Assessment No. 39076. 188. Corner Cut-back. All corner cutbacks shall be applied per City Standard or County Standard 805 as determined by the PW Director, and City adopted Ordinance 461, except for corners at Entry streets intersecting with General Plan roads. In this case, they shall be applied per City Standard or as determined by the PW Director. 189. Easement/SUR. Any easement not owned by a public utility, public entity or subsidiary, not relocated or eliminated prior to f inal map approval, shall be delineated on the final map in addition to having the name of the easement holder, and the nature of their interests, shown on the map. 190. Access Restriction. Lot access shall be restricted on Menifee Road and Rouse Road, Junipero Road and Palomar Road and so noted on the final map. 191. Striping Plan. A signing and striping plan is required for this project. The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Traffic Engineer. 192. Street Name Sign. The land divider shall install street name sign(s) in accordance with City standards, as approved by the PW Director. 54 193. Landscaping. The project proponent shall comply in accordance with landscaping requirements within public road rights-of-way, in accordance with Ordinance 461. Landscaping shall be installed within Menifee Road, Palomar Road, Junipero Road and Rouse Road. Landscaping plans shall be submitted on standard City Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. If landscaping maintenance to be annexed to County Service Area, or Landscaping and Lighting Maintenance City, landscaping plans shall depict ONLY such landscaping, irrigation and related facilities as are to be placed within the public road rights-of-way. 194. Assessment District. Should this project lie within any assessment/benefit district, the applicant shall, prior to recordation, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. Note: This condition implements the Mitigation Measures for Section 41 of Environmental Assessment No. 39076. 195. Soils Report. The developer/owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of-way. 196. Intersection/50’ Tangent. All centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50' tangent, measured from flowline/curbface or as approved by the PW/Engineering Department, or by the City PW Director. 197. Street Sweeping. The project proponent shall contact the County Service Area (CSA) Project Manager to file an application for annexation or inclusion into CSA for street sweeping; or enter into a similar mechanism as approved by the Transportation Department. 198. Street Light Plan. A separate street light plan is required for this project. Street lighting shall be designed in accordance with City standards and specifications. For projects within SCE boundaries use City standards, Standard No's 1000-1006. For projects within Imperial Irrigation District (IID) use IID's pole standard. 199. Onsite and Offsite Public Street Lights Ownership and Maintenance. All proposed public street lights shall be designed in accordance with City approved standards and specifications, as determined and approved by the PW Director. Unless determined otherwise by the PW Director/City Engineer, the City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and therefore shall be provided with adequate service points for power. The design shall be incorporated in the project’s street improvement plans or in a separate street light plan or as determined and approved by the PW Director. 200. Public Street Light Service Point Addressing. The developer shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to public street light service points. These service 55 points shall also be owned by the City and shall be located within the public right of way or within duly dedicated public easements. 201. Offsite Access. The landowner/developer shall provide/acquire sufficient public off-site rights-of-way to provide for a paved access road to a paved and maintained road. Said access road shall be constructed in accordance with County Standard No. 106, Section B (32'/60') at a grade and alignment as approved by the Transportation Department. Should the applicant fail to provide/acquire said off-site right-of-way, the map shall be returned for redesign. The applicant shall provide the appropriate environmental clearances for said off-site improvements prior to recordation or the signature of any street improvement plans. Said off-site access road shall be the southerly extension of Junipero Road to McCall Boulevard. 202. Acceptance of Public Roadway Dedication and Improvements. Easements and right-of way for public roadways shall be granted to the City of Menifee through final map, or other acceptable recordable instrument. PRIOR TO BUILDING PERMIT ISSUANCE: 203. Traffic Study - Geometrics. The intersection of Junipero Road/McCall Boulevard shall be improved to provide the following geometrics: Northbound: N/A Southbound: One left turn lane, and one right turn lane. Eastbound: One left turn lane and two through lanes. Westbound: Two through lanes. The intersection of Menifee Road/Rouse Road shall be improved to provide the following geometrics: Northbound: One left turn lane, three through lanes. Southbound: One left turn lane, three through lanes. Eastbound: One shared left, through, right turn lane. Westbound: One shared left, through, right turn lane. or as approved by the PW Director/City Engineer. Any off-site widening required to provide these geometrics shall be the responsibility of the landowner/developer. 204. Garage Doors. Garage door setbacks for all residential zones shall be 24 feet for a conventional door or 20 feet for a roll-up door, measured from the back of the sidewalk to the face of garage door or the face of the curb if no sidewalk is required, or 20 feet from the street right-of-way, whichever setback is greater. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 56 205. Driveways and Driveway Approaches. Driveways and Driveway Approaches shall be designed and constructed per City of Menifee No. 208. The modified County of Riverside standard 207A may be used as determined by the Public Works Director/City Engineer. Prior to issuance of Certificate of Occupancy, the proposed driveway as shown on the proposed Plot Plan shall be constructed. Additional driveways will only be permitted upon approval by the City Public Works Director/City Engineer. 206. Traffic Signal Installation. The project proponent shall be responsible for the construction and installation of traffic signals at the following location: - Junipero Road/McCall Boulevard - Menifee Road/Rouse Road with no credit given for Traffic Signal Mitigation Fees, or as approved by the City of Menifee PW Director. In the case that these improvements have already been completed, additional improvements required to support this County Conditional of Approval may be required at the discretion of the City of Menifee Public Works Director. 207. Traffic Signal Installation (Not previously conditioned). The project proponent has revised the alignment of proposed Heritage Lakes Drive. As a result, proposed Heritage Lakes Drive is now being proposed as a four-way intersection at Menifee Road, instead of the original T-intersection. The project proponent shall be responsible for the construction and installation of traffic signal at the intersection of Heritage Lakes Drive and Menifee Road. (The condition listed above was added by the Planning Commission at the September 23, 2015 public hearing) 208. 80% Completion. Occupancy releases will not be issued to Building and Safety for any lot exceeding 80% of the total recorded residential lots within any map or phase of map prior to completion of the following improvements: a) Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. b) Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All curbs, gutters, sidewalks and driveway approaches shall be installed. c) Storm drains and flood control facilities shall be completed according to the improvement plans and as noted elsewhere in these conditions. Written confirmation of acceptance for use by the Flood Control District, if applicable, is required. d) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required. e) Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All 57 sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. f) Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with County Ordinance 461. 209. Install Street Lights. Install streetlights along the streets associated with development in accordance with the approved City standards 1000-1006. For projects within Imperial Irrigation District (IID) use (IID's) pole standard. Streetlight annexation into CFD or similar mechanism as approved by the PW/Engineering Department, shall be completed. It shall be the responsibility of the Developer to ensure that streetlights are energized along the streets of those lots where the Developer is seeking Building Final Inspection (Occupancy). 210. Street Sweeping. Street sweeping annexation or inclusion into CFD or similar mechanism as approved by the City Engineer. NPDES AND WQMP – GENERAL 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 prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 211. Trash Enclosures Standards and Specifications – Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. Any standing liquids within the trash enclosures without 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 as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. 58 An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from 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 employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to 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. PRIOR TO GRADING PERMIT ISSUANCE: 212. Final Project Specific Water Quality Management Plan (Final WQMP). Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: a) Hydrology/hydraulics report b) Soils Report that includes soil infiltration capacity c) Limited Phase II Environmental Site Assessment Report Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. 213. Revising the Final WQMP. In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the PW Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. 214. WQMP Right of Entry and Maintenance Agreement. Prior to, or concurrent with the approval of the FINAL WQMP, the developer/property owner shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to 59 inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 215. WQMP/BMP Education. Prior to issuance of Certificate of Occupancy, the developer/project owner shall provide the City proof of notification to future occupants of all non-structural BMP’s and educational and training requirements for said BMP’s as directed in the approved WQMP. Acceptable proof of notification must be in the form of a notarized affidavit at the minimum. The developer may obtain NPDES Public Educational Program materials from the Riverside County Flood Control and Water Conservation District's (District) NPDES Section by either the District's website www.floodcontrol.co.riverside.ca.us. The developer must provide to the PW Engineering Department a notarized affidavit stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits. A copy of the notarized affidavit must be placed in the WQMP. The PW Engineering Department MUST be provided with the original notarized affidavit with plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 216. Inspection of BMP Installation. Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and/or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site for in a City maintained database for future periodic inspection. 217. BMP Maintenance and Inspection. If the development is establishing a Homeowners Association (HOA The CC&R's for the development's Homeowners Association (HOA) shall contain inspection provisions for any privately owned treatment control BMPs, and if required, cleaned no later than any major rain event. The CC&R's shall identify the entity that will inspect and maintain all privately owned structural BMP's within the project boundaries. A copy of the CC&R's shall be submitted to the PW Engineering Department for review and approval. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2- GENERAL PRIOR TO RECORDATION OF FINAL MAP 60 218. Annexation to the Citywide Community Facilities District (CFD) 2015- 2. Prior to, or concurrent with the recordation of the final m ap, the developer/property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services) CFD 2015-2. The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 219. CFD Annexation Agreement. In the event timing for this development’s schedule prevents the developer/property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the recordation of a final map but prior to issuance of a Certificate of Occupancy. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to final map recordation. 220. Assessment Segregation. Should this project lie within any assessment/benefit district, the applicant shall, prior to recordation, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. 221. Landscape Improvement Plans for CFD Maintenance. Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plans f or review and approval by the PW Engineering Department. The plans may be prepared for each map phase or as one plan for the entire development as determined by the PW Director. When necessary as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit. 222. Parkway Landscaping Design Standards. The parkway areas behind the street curb within the public’s right-of-way, shall be landscaped and irrigated per City standards and guidelines. 223. CFD Landscape Guidelines and Improvement Plans. All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the PW Engineering Department prior to issuance of a construction permit. 61 224. Maintenance of CFD Accepted Facilities. All landscaping and appurtenant facilities to be maintained by the citywide CFD 2015-2 shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. FEES, DEPOSITS, AND DEVELOPMENT IMPACT FEES 225. Fees and Deposits. Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. 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. PRIOR TO RECORDATION OF FINAL MAP 226. ZONE F of the RBBD. Prior to the recordation of the final map, or any phase thereof, the project proponent shall pay fees in accordance with Zone F of the Menifee Valley Road and Bridge Benefit District. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, deferring said payment to the time of issuance of a building permit. Fees approved for deferral shall be based upon the fee schedule in effect at the time of issuance of the permit. PRIOR TO ISSUANCE OF GRADING PERMIT OR BUILDING PERMIT 227. ADP Fees - Tract 31098 is located within the limits of the Homeland/Romoland Area Drainage Plan for which the Riverside County Flood Control District ADP Fees have been adopted. Drainage fees shall be paid with cashier's check or money order only to the District at the time of the issuance of grading permits for the approved parcels, or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the land owner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular Area Drainage Plan at the time of issuance of the grading permits or issuance of the building permits if grading permits are not issued. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 228. TUMF Fees. Prior to the issuance of an occupancy permit, the developer/property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to adopted City Ordinance governing the TUMF program. Note: This condition implements the Mitigation Measures for Section 41 of Environmental Assessment No. 39076. 62 63 Section IV: Riverside County Fire Department Conditions of Approval 64 General Conditions 229. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The building case number is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886. 230. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants, prior to installation, placement of markers must be approved by the Riverside County Fire Dept. 231. Hydrant/Spacing. Schedule A fire protection approved standard fire hydrants, (6" x 4" x 2½") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1,000 GPM for 2- hour duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 660 feet apart. Prior to Final Map 232. Water Plans. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 233. ECS - Water System Installed Prior to Bldg. ECS map must be stamped by the Riverside County Surveyor with the following note: The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. Prior to Issuance of Building Permit 234. Tract Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface and all access primary and/or secondary. Approved water plans must be on the job site. 65 Section V: Riverside County Environmental Health Conditions of Approval 66 General Conditions 235. Eastern Municipal Water District. Eastern Municipal Water District (EMWD) potable water service and sanitary sewer service is proposed. It is the responsibility of the developer to ensure that all other requirements to obtain potable water service and sanitary sewer service are met with EMWD, as well as, all other applicable agencies. 236. Retention Basins. Any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisance. 237. Noise Mitigation Measures. The Riverside County Department of Public Health – Office of Industrial Hygiene recommends in their letter dated 4/6/04, the following conditions be applied to the project based on the information provided by the acoustical consultant. The project, however, has been redesigned since that 4/6/04 letter, by orienting the fronts of the homes along roadways that would ordinarily require block walls. This includes Rouse Road, Palomar Road and Junipero Road. Therefore, the conditions below apply to the required block wall along Menifee Road and do not contain all the recommendation in the letter dated 4/6/04. The lot numbers along Menifee Road are based on the original tentative map and do not reflect the current lot numbering. a. Seven foot high (noise barriers) masonry block walls or combination berm and block wall shall be constructed along the eastern site boundary, facing Menifee Road of lots 214-217 and 226-229 of Tentative Tract Map No. 31098. b. Eight and one half foot high (noise barriers) masonry block walls or combination berm and block wall shall be constructed along the eastern site boundary, facing Menifee Road of lots 202 to 205 of Tentative Tract Map No. 31098. c. Nine foot high (noise barriers) masonry block walls or combination berm and block wall shall be constructed along the eastern site boundary, facing Menifee Road of a portion of lot 198 and lots 199-201 of Tentative Tract Map No. 31098. These walls shall be erected so that the top of each wall extends at least the recommended 7 to 9 feet above the pad elevation of the shielded lot. In cases where the road is elevated above the pad, the wall shall extend at least 7 to 9 feet above the highest point between the homes and the road. In addition, the Riverside County Department of Public Health, Office of Industrial Hygiene must receive, review and approve an acoustical report addressing indoor noise impacts. As a result, the applicant has been conditioned in COA #61 to comply with this request. The exterior unmitigated impact (second stories) for Rouse and Menifee Roads is 76 Ldn. Home design must be shown to reduce interior noise to at or below 45 Ldn for those homes along Rouse and Menifee Roads. 67 The applicant shall also comply with the operational standards set forth in Municipal Code Section 9.09 (“Noise Control Regulations”) pertaining to construction noise. Note: This condition implements the Mitigation Measure for Section 32.a of Environmental Assessment No. 39076. Prior to Final Map 238. Water System. A water system shall have plans and specifications approved by Eastern Municipal Water District and the Department, the City Engineering Department, of Environmental Health. 239. Financial Arrangements. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 240. Sewer System. A sewer system shall have mylar plans and specifications as approved by the Eastern Municipal Water District, the City Engineering Department and the Department of Environmental Health. 241. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. 68 Section VI: Riverside County Environmental Programs Department Conditions of Approval 69 Prior to Issuance of Grading Permit 242. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP), 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 City of Menifee Community Development 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 City 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. If the site is not precise graded within six (6) months of the rough and/or mass grading of the site, or if construction and/or disturbance of the site is suspended for a period of six (6) months or more, a new survey shall be required. 70 The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date _______________________________________________ ___________________ Name (please print) Title (please print)