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
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Section I:
Conditions Applicable to all
Departments
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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
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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.
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Section II:
Community Development
Department
Conditions of Approval
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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.
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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
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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
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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
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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.
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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:
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"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.
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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.
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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:
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(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
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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
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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:
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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
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(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;
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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
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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.
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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’
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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
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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:
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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.
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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.
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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
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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
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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.
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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
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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.
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Section III: Public
Works/Engineering Conditions of
Approval
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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
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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
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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:
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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:
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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.
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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
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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
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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.
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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.
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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
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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:
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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
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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.
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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
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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
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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.
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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.
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Section IV:
Riverside County Fire Department
Conditions of Approval
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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.
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Section V:
Riverside County Environmental
Health Conditions of Approval
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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.
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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.
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Section VI:
Riverside County Environmental
Programs Department
Conditions of Approval
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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.
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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)