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PC15-226RESOLUTION NO. PC 15-226 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP NO. 36658 (PLANNING APPLICATION 2013- 208 TR) FOR THE SUBDIVISION OF 240.3 ACRES INTO 756 SINGLE FAMILY RESIDENTIAL LOTS AND 111 LOTS FOR PARK, LANDSCAPE, MONUMENTATION, DRAINAGE, AND STORM DRAIN PURPOSES LOCATED SOUTH OF MCLAUGHLIN ROAD, WEST OF BYERS ROAD, AND NORTH OF CHAMBERS ROAD Whereas, on October 11, 2013, the applicant, Cimarron Ridge, LLC, filed a formal application with the City of Menifee for the subdivision of 240.3 acres into 782 single family residential lots located south of McLaughlin Road, west of Byers Road, and north of Chambers Road, within the City of Menifee; and Whereas, on August 12, 2015, the Planning Commission of the City of Menifee held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Tentative Tract Map No. 36658, which hearing was publicly noticed on July 31, 2015 by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and, NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as follows: Section 1. With regard to Tentative Tract Map No. 36658 (TR 2013-208), the Planning Commission hereby makes the following findings: 1. Consistency with the General Plan. The Tentative Tract Map is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The General Plan land use designation for the subject parcel is 2.1-5 Dwelling Units/Acre Residential (2.1-5R). This designation is intended for single-family detached residences at a density between 2 to 5 dwelling units per acre. Properties to the north are designated Public Utility Corridor (PUC) and Economic Development Corridor (EDC). Properties to the east are designated 2.1 to 5 Dwelling Units per Acre Residential (2.1-5R) and 5.1 to 8 Dwelling Units per Acre Residential (5.1-8R). Properties to the south are designated as 2.1 to 5 Dwelling Units per Acre Residential (2.1-5R). Properties to the west are within the City of Perris. The project proposes to subdivide and develop 756 single family residences on 240.3 acres for a density of 3.1 dwelling units per acre. Therefore, the proposed Tentative Tract Map is consistent with the General Plan land use designation of 2.1-5 R. The associated General Plan Amendment 2014-016 application pursuant to Resolution PC 15-224 proposes to amend the land use designation on the project site from 2.1-5R to Specific Plan (SP) to reflect the proposed Cimarron Ridge Specific Plan (Specific Plan 2013-247) and its land use designations pursuant to Resolution PC 15-223. The proposed Tentative Tract Map is Resolution No PC 15-226 TR36658/ Planning Case 2013-208 TR August 12, 2015 consistent with the proposed Cimarron Ridge Specific Plan and its land use designations. The associated General Plan Amendment 2014-016 application pursuant to Resolution PC 15-224 also proposes a technical correction to rectify mapping errors which resulted in inaccurate depictions of the alignment of Goetz Road. In addition, the Tentative Tract Map is consistent with the following General Plan goals and policies in particular: Goal LU-1 Land uses and building types that result in a community where residents at all stages of life, employers, workers, and visitors have a diversity of options of where they can live, work, shop, and recreate within Menifee. LU-1.1 Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options. LU-1.2 Provide a spectrum of housing types and price ranges that match the jobs in the City and make it possible for people to live and work in Menifee and maintain a high quality of life. LU-1.5 Support development and land use patterns, where appropriate, that reduce reliance on the automobile and capitalize on multimodal transportation opportunities. LU-1.6 Coordinate land use, infrastructure, and transportation planning and analysis with regional, county, and other local agencies to further regional and subregional goals for jobs - housing balance. LU-1.7 Ensure neighborhood amenities and public facilities (natural open space areas, parks, libraries, schools, trails, etc.) are distributed equitably throughout the City. LU-1.8 Ensure new development is carefully designed to avoid or incorporate natural features, including washes, creeks, and hillsides. LU-1.9 Allow for flexible development standards provided that the potential benefits and merit of projects can be balanced with potential impacts. LU-1.10 Buffer sensitive land uses, such as residences, schools, care facilities, and recreation areas from major air pollutant emission sources, including freeways, manufacturing, hazardous materials storage, and similar uses. HE-1.1: Specific Plans. Support residential growth and infill in specific plan areas and along corridors where comprehensive neighborhood planning is completed and adequate infrastructure is planned. Resolution No PC 15-226 TR36658/ Planning Case 2013-208 TR August 12, 2015 HE-1.2: Housing Design. Require excellence in housing design with materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive design practices. HE-1.3: Housing Diversity. Provide development standards and incentives to facilitate a range of housing, such as single family, apartments, senior housing, and other housing types in rural, suburban, and urban settings. HE-2.4 Parks and Recreation. Enhance neighborhood livability and sustainability by providing parks and open spaces, planting trees, greening parkways, and maintaining a continuous pattern of paths that encourage an active, healthy lifestyle. HE-2.5 Public Facilities and Infrastructure. Provide quality community facilities, infrastructure, traffic management, public safety, and other services to promote and improve the livability, safety, and vitality of residential neighborhoods. Goal C-1: A roadway network that meets the circulation needs of all residents, employees, and visitors to the City of Menifee. C-1.1 Require roadways to: • Comply with federal, state and local design and safety standards. • Meet the needs of multiple transportation modes and users. • Be compatible with the streetscape and surrounding land uses. • Be maintained in accordance with best practices. C-1.4 Promote development of local street patterns that unify neighborhoods and work with neighboring jurisdictions to provide compatible roadway linkages at the City limits. Goal C-2: A bikeway and community pedestrian network that facilitates and encourages nonmotorized travel throughout the City of Menifee. C-2.1 Require on- and off-street pathways to: • Comply with federal, state and local design and safety standards. • Meet the needs of multiple types of users (families, commuters, recreational beginners, exercise experts) and meet ADA standards and guidelines. • Be compatible with the streetscape and surrounding land uses. • Be maintained in accordance with best practices. C-2.2 Provide off-street multipurpose trails and on -street bike lanes as our primary paths of citywide travel, and explore the Resolution No PC 15-226 TR36658/ Planning Case 2013-208 TR August 12, 2015 shared use of low speed roadways for connectivity wherever it is safe -to do so. C-2.3 Require walkways that promote safe and convenient travel between residential areas, businesses, schools, parks, recreation areas, transit facilities, and other key destination points. C-2.4 Explore opportunities to expand the pedestrian and bicycle networks; this includes consideration of utility easements, drainage corridors, road rights -of -way and other potential options. GoalOSC-1:A comprehensive system of high quality parks and recreation programs that meets the diverse needs of the community. OSC-1.1 Provide parks and recreational programs to meet the varied needs of community residents, including children, youth, adults, seniors, and persons with disabilities, and make these facilities and services easily accessible and affordable to all users. OSC-1.2: Require a minimum of five acres of public open space to be provided for every 1,000 City residents. OSC-1.3: Locate and distribute parks and recreational facilities throughout the community so that most residents are within walking distance (one-half mile) of a public open space. OSC-1.4: Enhance the natural environment and viewsheds through park design and site selection while preserving sensitive biological, cultural and historic resources. OSC-2.1: Develop recreational trails for hiking, biking, and equestrian use throughout the City, making them, to the extent feasible, accessible to people of different neighborhoods, ages, and abilities. OSC-4.1: Apply energy efficiency and conservation practices in land use,' transportation demand management, and subdivision and building design. OSC-5.4: Establish clear and responsible policies and best practices to identify, evaluate, and protect previously unknown archaeological, historic, and cultural resources, following applicable CEQA and NEPA procedures and in consultation with the appropriate Native American tribes who have ancestral lands within the City. OSC-5.6: Develop clear policies regarding the preservation and avoidance of cultural resources located within the City, in Resolution No PC 15-226 TR36658/ Planning Case 2013-208 TR August 12, 2015 consultation with the appropriate Native American tribes who have ancestral lands within the City. OSC-7.2: Encourage water conservation as a means of preserving water resources. OSC-7.5: Utilize a wastewater collection, treatment, and disposal system that adequately serves the existing and long-term needs of the community. Goal OSC-8: Protected biological resources, especially sensitive and special status wildlife species and their natural habitats. OSC-8.1: Work to implement the Western Riverside County Multiple Species Habitat Conservation Plan in coordination with the Regional Conservation Authority. OSC-8.8: Implement and follow MSHCP goals and policies when making discretionary actions pursuant to Section 13 of the Implementing Agreement. Goal OSC-9: Reduced impacts to air quality at the local level by minimizing pollution and particulate matter. OSC-9.1: Meet state and federal clean air standards by minimizing particulate matter emissions from construction activities. OSC-9.3: Comply with regional, state, and federal standards and programs for control of all airborne pollutants and noxious odors, regardless of source. OSC-9.5: Comply with the mandatory requirements of Title 24 Part 11 of the California Building Standards Code (CALGreen) and Title 24 Part 6 Building and Energy Efficiency Standards. Goal OSC-10: An environmentally aware community that is responsive to changing climate conditions and actively seeks to reduce local greenhouse gas emissions. OSC-10.4: Consider impacts to climate change as a factor in evaluation of policies, strategies, and projects. Goal CD-1: A unified and attractive community identity that complements the character of the City's distinctive communities. CD-1.3 Strengthen the identity of individual neighborhoods/communities with entry monuments, flags, street signs, and/or special tree streets, landscaping, and lighting. Goal CD-3: Projects, developments, and public spaces that visually enhance the character of the community and are Resolution No PC 15-226 TR36658/ Planning Case 2013-208 TR August 12, 2015 appropriately buffered from dissimilar land uses so that differences in type and intensity do not conflict. CD-3.3 Minimize visual impacts of public and private facilities and support structures through sensitive site design and construction. This includes, but is not limited to: appropriate placement of facilities; undergrounding, where possible; and aesthetic design (e.g., cell tower stealthing). CD-3.8 Design retention/detention basins to be visually attractive and well integrated with any associated project and with adjacent land uses. CD-3.9 Utilize Crime Prevention through Environmental Design (CPTED) techniques and defensible space design concepts to enhance community safety. CD-3.10 Employ design strategies and building materials that evoke a sense of quality and permanence. CD-3.12 Utilize differing but complementary forms of architectural styles and designs that incorporate representative characteristics of a given area. CD-3.13 Utilize architectural design features (e.g., windows, columns, offset roof planes, etc.) to vertically and horizontally articulate elevations in the front and rear of residential buildings. CD-3.14 Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences. Goal CD-6: Attractive landscaping, lighting, and signage that conveys a positive image of the community. CD-6.1 Recognize the importance of street trees in the aesthetic appeal of residential neighborhoods and require the planting of street trees throughout the City. Goal S-1: A community that is minimally impacted by seismic shaking and earthquake -induced or other geologic hazards. S-1.1 Require all new habitable buildings and structures to be designed and built to be seismically resistant in accordance with the most recent California Building Code adopted by the City. Goal S-2: A community that has used engineering solutions to reduce or eliminate the potential for injury, loss of life, property damage, and economic and social disruption caused by geologic hazards such as slope instability, compressible, Resolution No PC 15-226 TR36658/ Planning Case 2013-208 TR August 12, 2015 collapsible, expansive or corrosive soils; and subsidence due to groundwater withdrawal. S-2.1 Require all new developments to mitigate the geologic hazards that have the potential to impact habitable structures and other improvements. S-2.3 Minimize grading and modifications to the natural topography to prevent the potential for man -induced slope failures. Goal N-1: Noise -sensitive land uses are protected from excessive noise and vibration exposure. N-1.1 Assess the compatibility of proposed land uses with the noise environment when preparing, revising, or reviewing development project applications. N-1.2 Require new projects to comply with the noise standards of local, regional, and state building code regulations, including but not limited to the City's Municipal Code, Title 24 of the California Code of Regulations, the California Green Building Code, and subdivision and development codes. N-1.3 Require noise abatement measures to enforce compliance with any applicable regulatory mechanisms, including building codes and subdivision and zoning regulations, and ensure that the recommended mitigation measures are implemented. N-1.8 Locate new development in areas where noise levels are appropriate for the proposed uses. Consider federal, state, and City noise standards and guidelines as a part of new development review. N-1.14 Minimize vibration impacts on people and businesses near light and heavy rail lines or other sources of ground -borne vibration through the use of setbacks and/or structural design features that reduce vibration to levels at or below the guidelines of the Federal Transit Administration. Require new development within 100 feet of rail lines to demonstrate, prior to project approval, that vibration experienced by residents and vibration -sensitive uses would not exceed these guidelines. N-1.15 Employ noise mitigation practices and materials, as necessary, when designing future streets and highways, and when improvements occur along existing road segments. Mitigation measures should emphasize the establishment of natural buffers or setbacks between the arterial roadways and adjoining noise -sensitive areas. Resolution No PC 15-226 TR36658/ Planning Case 2013-208 TR August 12, 2015 The City of Menifee has two (2) active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group. The project will be subject to the payment of fees for a residential project consistent with the Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore, the project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan and the impact is considered less than significant. 2. Consistency with the Zoning Code. The project proposes to change the zoning classification of the project site from a mix of One -Family Dwellings (R-1), One -Family Dwellings 10,000 square foot minimum (R-1-10,000), and Open Area Combining Zone (R-5) to Specific Plan (SP with the associated Change of Zone 2014-017 application pursuant to Resolution PC 15-225. The SP zone would reflect the proposed Cimarron Ridge Specific Plan (Specific Plan 2013-247) pursuant to Resolution PC 15-223 to primarily allow for the development of detached single family dwellings, parks, and basins as proposed by the Tentative Tract Map. The project is surrounded to the north by properties zoned Rural Residential (R- R), to the south properties zoned Controlled Development Areas (W-2), to the east properties zoned One -Family Dwellings 10,000 square foot minimum (R-1- 10,000), One -Family Dwellings (R-1), and Residential Incentive (R-6), and to the west properties within the City of Perris zoned R-20,000, R-6,000, and Open Space. The zoning code requires that projects be consistent with the General Plan and no discretionary permits can be issued if requested projects are not consistent with the General Plan. The current mix of One -Family Dwellings (R-1), One - Family Dwellings 10,000 square foot minimum (R-1-10,000), and Open Area Combining Zone (R-5) does not allow for the size of lots proposed by the Tentative Tract Map. Therefore, the proposed zone change and Specific Plan would be necessary to potentially approve the Tentative Tract Map to develop the property. 3. Consistency with Ordinance 460 Regulating the Division of Land. The subdivision is a Schedule A subdivision of 240.3 gross acres into 756 single family residential parcels and 111 parcels for park, landscape, monumentation, drainage, and storm drain purposes. A Schedule A tentative tract map is defined by Ordinance 460 as any division of land into five (5) or more parcels with any parcel less than 18,000 square feet in net area. The subdivision has been reviewed and conditioned for consistency with the requirements for streets, domestic water, fire protection, sewage disposal, fences, and electrical communication facilities. The subdivision is consistent with the Schedule A map requirements of Ordinance 460. Resolution No PC 15-226 TR36658/ Planning Case 2013-208 TR August 12, 2015 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. Existing uses to the north and east include single family residential, to the south and west is vacant land. The proposed project would allow for the development of single family dwellings similar to existing development to the east and west within the City of Perris. The project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The project incorporates quality design and landscaping which will enhance the area. Environmental impacts resulting from the project have been analyzed in an Environmental Impact Report which determined impacts including, but not limited to biological resources, cultural resources, and noise would all be less than significant. However, the Environmental Impact Report did determine that potentially significant impacts to air quality and traffic could occur. Mitigation measures were included to reduce the impacts to air quality and traffic as feasible, but potentially significant impacts may still occur and a Statement of Overriding Considerations is included for the Environmental Impact Report and this project as pursuant to Resolution PC 15-222. Despite these potentially significant impacts to air quality and traffic, the project is not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. 5. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. An Environmental Impact Report ("EIR") has been completed for the project and recommended for certification by the City Council pursuant to Resolution PC 15- 222. The Tentative Tract Map at issue is consistent with the EIR, which the Planning Commission has considered as part of its proceedings. Section 2. The Planning Commission of the City of Menifee recommends that the City Council approve Tentative Tract Map No. 36658 (TR 2013-208) subject to the Conditions of Approval Exhibit "1" to this Resolution with the provision that the Tentative Tract Map be revised so no residential lots are less than 6,000 square feet and with additional clarification to traffic analysis and improvements. Resolution No PC 15-226 TR36658/ Planning Case 2013-208 TR August 12, 2015 PASSED, APPROVED AND ADOPTED this the 12th day of August, 2015. Chris Thomas, Chairman Attest: nifer Allen, Deputy City Clerk Approved as to form: Ajit Thind, Assistant City Clerk ENIFE[�'� Scott A. Mann Mayor John V. Denver Mayor Pro Tem Greg August Councilmember Matthew Liesemeyer Councilmember Vacant Councilmember District 3 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951•679.3843 vww.cityofinenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC 15-226 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 121h day of August, 2015 by the following vote: Ayes: Doty, Karwin, Phillips, Sobek, Thomas Noes: None Absent: None Abstain: None G� J fifer Allen, Deputy City Clerk EXHIBIT 91" Conditions of Approval for Tentative Tract Map No. 36658 (City of Menifee Planninq Application - Tentative Tract Map No. 2013-208) for a Residential Subdivision of 240.3 gross acres into 756 Sinqle Family Residential Lots Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Section VI: Riverside County Environmental Programs Department Conditions of Approval Section VII: Community Services Conditions of Approval Section I: Conditions Applicable to all Departments General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 36658 (Planning Case No. 2013-208 TR) 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. 2013-208 (36658), Exhibit A sheets 1-4, dated July 6, 2015. MAP PHASING = Tentative Tract Map No. 36658, Exhibit P, dated July 6, 2015. GATED ENTRANCE CONCEPTUAL = Tentative Tract Map No. 36658, Exhibit E, dated July 6, 2015. APPROVED EXHIBIT L = Tentative Tract Map No. 36658, Exhibit L, Conceptual Landscape Plan, dated June 9, 2015. MAINTENANCE PLAN = Tentative Tract Map No. 36658, Exhibit M, Conceptual Maintenance Plan, dated July 6, 2015. FINAL MAP = Final Map for the TENTATIVE MAP whether recorded in whole or in phases. SPECIFIC PLAN = Specific Plan No. 2013-247 (Cimarron Ridge Specific Plan) EIR = Environmental Impact Report for Cimarron Ridge Specific Plan, State Clearinghouse Number 2014051029. 2. Project Description. Tentative Tract Map No. 36658 (Planning Case No. 2013-208) is a Schedule A subdivision of 240.3 gross acres into 756 single- family residential lots and 111 lots for park, landscape, monumentation, drainage, and storm drain purposes, including one 10.0 acre park, one 0.64 acre park, and one 0.195 acre park. Single-family residential lots will have a minimum lot size ranging from 5,000 square feet, 5,500 square feet, 6,500 square feet, and 10,000 square feet. Single family residential lots consist of 470 lots with a minimum lot size of 5,000 square feet and an average lot size of 6,762 square feet (Planning Areas 1A, 3, 4A, and 5A), 96 lots with a minimum lot size of 5,500 square feet and an average lot size of 7,471 square feet (Planning Area 6), 74 lots with a minimum lot size of 6,500 square feet and an average lot size of 9,152 square feet (Planning Area 7A), and 116 lots with a minimum lot size of 10,000 square feet and an average lot size of 10,650 square feet (Planning Area 2). 116 lots within Phase -2 of the Tentative Tract Map (Planning Area 2 of the Specific Plan) are proposed to be located within a gated area. Gates would be 3 located at the entrance to this area at Thornton Avenue and `WW' Street as shown on the tentative map. Both entrances would provide a turnaround that would as entrances for both residents and visitors. Streets within this area would be private and maintained by an HOA. Open space lots consist of a 10.0 acre lot for an active park (Planning Area 5B), a 0.708 acre lot for a pocket park (Planning Area 413), a 0.195 acre park for a pocket park (Planning Area 1 B), a 2.7 acre lot for natural open space/fuel modification (Planning Area 713), 4 lots totaling 10.729 acres for detention basins, and 103 other open space lots for expanded parkway landscaping, monumentation, water quality, and other drainage totaling 18.53 acres. The Tentative Tract Map is proposed to be recorded in seven (7) phases, generally following the phasing of the Specific Plan. Development may occur out of order, but development is anticipated to occur in order based on required infrastructure and road improvements. Based on this the Specific Plan is anticipated to start at the southeast corner at Valley Boulevard and Thornton Avenue (Planning Areas 1A and 1 B), move west and north (Planning Areas 2, 3, 4A, and 4B) up to Goetz Road, continue on the east side of Valley Boulevard (Planning Areas 5A, 5B, and 6) and concluding on the west side of Valley Boulevard and north side of Goetz Boulevard (Planning Areas 7A and 7B). 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 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. rd Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. 6. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan (attached) per the associated Environmental Impact Report (EIR). 7. Expiration Date. Unless superseded by the provisions of a Development Agreement, the conditionally approved TENTATIVE MAP shall expire three (3) years after the City Council's original approval date, unless extended as provided by Ordinance No. 460, or Subdivision Map Act. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. 5 Section II: Planning Conditions of Approval 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 Standards. The tentative tract map is within the Cimarron Ridge Specific Plan. Accordingly, this project is subject to the development standards contained in the Specific Plan. 11. Design Guidelines. The land divider shall comply with the Countywide Design Standards and Guidelines and the design guidelines of the Cimarron Ridge Specific Plan. If standards between the two differ, the Specific Plan Design Guidelines shall take precedence. 12. 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. However, each requirement shall be cleared individually with the applicable plot plan condition of approval in the prior to Building Permit issuance conditions. 7 13. 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. 14. Entry Medians. Entry medians shall be adequately landscaped or be paved consistent with enhanced community theme paving, walls, fencing and other features. Entry medians shall not be left bare with exposed dirt. 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, unless otherwise deemed appropriate by EMWD based on long- term infrastructure planning by EMWD. 16. Air Quality Rules for Construction Activities. The applicant shall adhere to the Best Available Control Measures (BACMs). SCAQMD Rules that are currently applicable during construction activity for the project include but are not limited to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403 (Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule 403 regulatory requirements that are applicable to the project are as follows: • All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. • The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. Implementation of this measure is estimated to reduce PM,o and PM2.5 fugitive dust emissions by approximately 61 %. • The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less to reduce PM,o and PM2.5 fugitive dust haul road emissions by approximately 44%. • The construction contractor's construction specification package shall use construction equipment that have Tier 4 final engines, level 3 diesel particulate filters (DPF), with oxidation catalyst that have a 20% reduction in emissions. (per EIR mitigation measures) 17. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402 which prohibits a person from discharging any source quantities of air contaminants or other material which cause injury, nuisance, or annoyance to any considerable number of persons or to the public. 18. Recycling Program. Currently Waste Management — City of Menifee provides a recycling program and recycle bins to all residents. The developer shall coordinate with Waste Management to ensure residents are provided information on obtaining recycling bins and are educated regarding the benefits, through handouts and signage throughout the community. 19. Noise Control Mitigation for Construction. Onsite and Offsite Project construction activities, including deliveries, shall be limited to the hours of 6:00 a.m. to 6:00 p.m. during the months of June through September and between the hours of 7:00 a.m. and 6:00 p.m. during the months of October through May. During all Project site excavation and grading both on -site and offsite, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest any project related activities. The State of California defines sensitive receptors as those land uses that require serenity or are otherwise adversely affected by noise events or conditions. Schools, libraries, churches, hospitals, and residential uses make up the majority of these areas. Numerous single-family detached residential dwelling units are located near or adjacent to the project site. The contractor shall locate equipment staging in areas that will create the greatest distance between construction -related noise/vibration sources and sensitive receptors nearest any Project related activities during all Project construction. During construction of both onsite and offsite activities, the developer shall require that all contractors turn off all construction equipment and delivery vehicles when not in use and prohibit idling in excess of five (5) minutes. For the duration of construction activities both onsite and offsite activities, the construction manager shall serve as the contact person should noise levels become disruptive to local residents. A sign shall be posted at the Project site with the contact phone number. To reduce impacts from construction noise to off -site sensitive receptors, prior to construction within 400-feet of a sensitive receptor, a temporary 12 foot high noise barrier with a STC Rating of 15 dBA or greater shall be in place during construction. Plans showing the location of and STC Rating of the temporary noise barrier shall be submitted to the Community Development Director for review prior to the commencement of any Project -related construction within 400-feet of a sensitive receptor. The Community Development Director shall review the location and STC rating of the noise barriers to confirm that the barriers will attenuate construction -related noise to the levels to 65 dBA or less. As an alternative to the herein described temporary noise barrier, the Project applicant may prepare and submit to the Community Development Director a Construction Noise Reduction Plan with supporting analysis that identifies alternative construction noise reduction strategies that achieve 65 dBA at the nearest sensitive receptor. If after review of the Noise Reduction Plan, the Community Development Director determines that the alternative noise E reduction strategies proposed by said plan achieve the desired noise reduction, such strategies may be used in place of the temporary barrier described above. Throughout construction, the contractor shall ensure all construction equipment is equipped with included noise attenuating devices and are properly maintained. This mitigation measure shall be periodically monitored by the Director of Community Development, or designee during routine inspections. Idling equipment must be turned off when not in use. This mitigation measure may be periodically monitored by the Director of Community Development, or designee during routine inspections. Equipment must be maintained so that vehicles and their loads are secured from rattling and banging. This mitigation measure may be periodically monitored by the Director of Community Development, or designee during routine inspections. 20. Geotechnical Report. The developer shall comply with the recommendations of the Geotechnical Report. The Geotechnical Report submitted for this project (TR 2013-208), was prepared by Leighton and Associates, Inc. and is entitled: "Geotechnical Review/Update Cimarron Ridge Project Tract 36658, 36658-1 through -6 Located Southwest of McLaughlin Road and Byers Road City of Menifee, Riverside County, California" dated January 15, 2014. The Geotechnical Report concluded: 1) There are no known active faults crossing the site. 2) This site is not within a fault rupture hazard zone. 3) The liquefaction potential does not constitute a significant risk to site development. 4) The potential for subsidence is considered low. 5) Strong ground shaking may occur at this site due to local earthquake activities. 6) In general, the compacted fill materials vary in composition (silty/clayey sand to sandy/clayey silt), and generally appear to possess at least 90 percent relative compaction per ASTM D-1557. The graded pads are underlain by a compacted fill layer varying in depth from approximately 3 to 30 feet. Where tested, the compacted fill possess very low to medium expansion potential per ASTM D4829. 7) It appears that older alluvium left -in -place possess slight collapse potential <2%). If older alluvium is to be exposed at finish pad grades due to new grading plans, such alluvium should be removed and replaced with compacted fill to a depth of 5 feet. 8) Oversize rock may be encountered in both existing fills and future bedrock excavations. Due to planned lowering of site pad grades and realignment of streets/pads, a deeper overexcavation may be required to remove oversize rock within 10 feet below pads. 9) Groundwater was not encountered to a total depth of 25 feet below existing ground surface and is not anticipated to be a constraint during future site grading and underground utility construction. 10 The Geotechnical Report recommended: 1) Geologic structure should be further evaluated based on future grading plans and during actual site earthwork to assess bedrock structure relative to actual slope designs. 2) The potential for flooding should be evaluated by the design Civil Engineer. 3) Existing structures, vegetation and any miscellaneous debris should be removed from the areas of proposed grading. 4) All vegetation, roots and debris should be cleared and disposed of offsite. Due to observed dry surface conditions, removal and compaction of at least the upper 1 foot should be implemented throughout all of the planned fill areas or building pads. After completion of the above recommended removal, the exposed subgrade should be should be scarified to a minimum depth of 8- inches, moisture conditioned and recompacted to 90 percent of the ASTM D 1557. 5) If oversize rock is encountered within the upper 10 feet of planned building pad, the upper ten feet should be removed, cleared of oversize rock and replaced with properly compacted and moisture conditioned fill 6) In order to mitigate the impact of underlying cut/fill transition conditions, we recommend overexcavation of the cut portion of transition lots. Overexcavation should extend to a minimum depth of 3 feet below the bottom of the proposed footings or one-half of the maximum fill thickness on the lot, whichever is deeper. A maximum overexcavation depth of 10 feet is recommended. This overexcavation does not include scarification or preprocessing prior to placement of fill. Overexcavation can encompass the entire lot or extend laterally beyond the building limits a horizontal distance equal to the depth of overexcavation or to a minimum distance of 5 feet, whichever is greater. Overexcavation bottoms should be sloped as needed to prevent the accumulation of subsurface water. The Geotechnical Report satisfies the requirement for a geologic/geotechnical for Planning/CEQA purposes. The Geotechnical Report is hereby accepted for Planning purposes. Engineering and other Uniform Building Code parameters where not included as a part of this review or approval. This approval is not intended and should not be misconstrued as approval for grading permit. Engineering and other building code parameters should be reviewed and additional comments and/or conditions may be imposed by the City upon application for grading and/or building permits. FEES 21. Subsequent Review Fees. 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 submittal, as 11 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 22. 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 Community Development Director. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254(r). 23.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 representatives) 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. 12 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 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." 24. 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. 13 6) Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. LANDSCAPING 25. 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. 26. 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). 27. 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. 28. 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. ALUC 29. Lighting. Any outdoor lighting installed shall be hooded or shielded to prevent either the spillage of lumens or reflection into the sky. 30. Prohibited Uses. The following uses shall be prohibited: 14 (a) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA -approved navigational signal light or visual approach slope indicator. (b) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. (c) Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, production of cereal grains, sunflower, and row crops, composting operations, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction and demolition debris facilities, fly ash disposal, and incinerators.) (d) Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. 31. Notice to Purchasers. The notice as attached to Riverside County Airport Land Use Commission's letter dated June 2, 2014 shall be given to all prospective purchasers and/or tenants of the portions of the property within the Perris Valley Airport Influence Area. 32. Retention Basins. Any new retention basins on the site shall be designed so as to provide for a maximum 48-hour detention period following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in and around the retention basin(s) that would provide food or cover for bird species that would be incompatible with airport operations shall not be utilized in project landscaping. 33. FAA Lighting/Marking. The Federal Aviation Administration has conducted aeronautical studies of a sample of 17 lots (lots 11, 146, 168, 177, 232, 242, 271, 338, 343, 465, 500, 512, 518, 521, 580, 583, and 586) within the proposed tract map (Aeronautical Study Nos. 2014-AWP-3132-OE through 2014-AWP- 3147-OE, and 2014-AWP-3149-OE) and has determined that neither marking nor lighting of structures will be necessary for aviation safety. However, if marking and/or lighting for aviation safety are accomplished on a voluntary basis, such marking and/or lighting (if any) shall be installed in accordance with FAA Advisory Circular 70/7460-1 K Change 2 and shall be maintained in accordance therewith for the life of the project. 34. Maximum Elevation. The maximum elevation at the top of any proposed structure, including all roof -mounted appurtenances (if any), shall not exceed 1,688 feet above mean sea level. The maximum elevation cited above shall not be increased, nor shall any structure be developed at coordinates that are 15 closer than 8,153 feet from the southerly terminus of the runway without further review by the Airport Land Use Commission and the Federal Aviation Administration. 35. Construction Elevation. Temporary construction equipment such as cranes used during actual construction of structures shall not exceed a height of 40 feet unless separate notice is provided to the Federal Aviation Administration through the Form 7460-1 process. 36. FAA Notice of Construction. Within five (5) days after construction of structures on each of the 17 lots cited above (lots 11, 146, 168, 177, 232, 242, 271, 338, 343, 465, 500, 512, 518, 521, 580, 583, and 586) reaches its greatest height, FAA Form 7460-2 (Part II), Notice of Actual Construction or Alteration, shall be completed by the project proponent or his/her designee and e-filed with the Federal Aviation Administration. (Go to https:Hoeaaa.faa.gov for instructions.) This requirement is also applicable in the event the project is abandoned. Prior to Final Map 37. 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 requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. 38. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 39. Surveyor Checklist. The City Engineering Department 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 comply with the minimum lot size of the applicable Planning Area of the Specific Plan. C. All lot sizes and dimensions on the FINAL MAP shall be in conformance with the development standards of the applicable Planning Area of the Specific Plan. 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. 16 40. Specific Plan. The final map shall not record until the Cimarron Ridge Specific Plan (SP 2013-247) has been approved and adopted by the Menifee City Council and has been made effective. This project shall conform with the development standards of the designations and/or zones ultimately applied to the property. 41. 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. 42. ECS Note on Dark Sky Lighting. The following Environmental Constraints Note shall be placed on the ECS: "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." 43. Common Area Maintenance. Any common areas identified in the TENTATIVE MAP (including detention basins, parks, expanded parkways, corner monuments, natural open space, and other common areas) 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 of the common areas. The organization may be public or private (e.g., homeowners' association). Merger with an area -wide or regional organization (anticipated to be the Citywide Community Facilities District [CFD] for 10-acre park [lot 759]; expanded parkways along Valley Boulevard, Goetz Road, and "I" Street; entry monuments; and initial entrance expanded parkways on entrance roads from Valley Boulevard and Goetz Road per the MAINTENANCE PLAN) 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 (anticipated to be the detention basins, two pocket parks [lots 757 and 758], and other expanded parkway areas not maintained by the CFD per the MAINTENANCE PLAN). 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. 17 44. 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 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 are noted on the MAINTENANCE PLAN. 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: 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 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 m property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This declaration shall not be terminated, 'substantially' amended, or property de -annexed therefrom absent the prior written consent of the 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. 45. Conditions, Covenants and Restrictions (Private Common Areas). The common areas anticipated to be owned and maintained by a private organization include those areas noted on the MAINTENANCE PLAN. 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 Community Development Department 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 WE (iii) Provide for the ownership of the common area by either the property owner's association or a permanent public master maintenance organization (anticipated to be Citywide CFD). (d) The declaration of CC&Rs shall contain the following provisions verbatim: (i) "Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: - The property owners' association established herein shall manage the 'common areas', more particularly described on the subdivision map, attached hereto, and shall not sell or transfer the 'common areas' or any part thereof, absent the prior written consent of the 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 IFU Management Plans to include the following best management practices (BMPs) to reduce storm water pollution: Initial residents, occupants, or tenants of this site shall receive educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be provided by the Riverside County Flood Control and Water Conservation District and shall be distributed by the properties owners' association. These materials shall address good housekeeping practices associated with residential developments, such as: Where improper disposal of trash has occurred, the property owners' association shall take corrective action within forty- eight hours of discovery (BMP N5). - The street(s) and parking lot(s), more particularly described on the subdivision map, shall be swept by the property owners' association at least once a year and shall be swept no later than October 15th of each year (BMP N6). (e) Once approved, the copy and the original declaration of CC&Rs shall be forwarded by the City Attorney and the Planning Division. The Planning Division will retain the one copy for the case file, and forward the wet signed and notarized original declaration of covenants, conditions and restrictions to the City Engineer for safe keeping until the final map is ready for recordation. The City Engineer shall record the original declaration of CC&Rs in conjunction with the recordation of the final map. (f) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of CC&Rs is incorporated therein by reference; and (g) A deposit 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. 46. Lot Access/Unit Plans. Any recordation of phases 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. FEES 47. 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 Issuance of Gradinq Permits 21 48. 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. 49. 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. 50. Stephens' Kangaroo Rat Fees. Prior to the issuance of a grading permit, the land divider/permit holder shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 240.3 acres (gross) in accordance with the TENTATIVE MAP. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 51. 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. 52. Air Quality Verification. Prior to issuance of grading permits, proof of compliance with the provisions included in the condition of approval titled "Air Quality Rules for Construction Activities" shall be provided to the City in Project construction specifications, which shall include, but is not limited to, a copy of each unit's certified tier specification, T-BACT documentation, and CARB and/or SCAQMD operating permit(s) and shall be added as notes on the grading plan. 53. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permitee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a ten (10) percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice 22 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; I. 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; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; 23 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. 54. Noise Control Mitigation for Construction. Onsite and Offsite Project construction activities, including deliveries, shall be limited to the hours of 6:00 a.m. to 6:00 p.m. during the months of June through September and between the hours of 7:00 a.m. and 6:00 p.m. during the months of October through May. During all Project site excavation and grading both on -site and offsite, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest any project related activities. The contractor shall locate equipment staging in areas that will create the greatest distance between construction -related noise/vibration sources and sensitive receptors nearest any Project related activities during all Project construction. During construction of both onsite and offsite activities, the developer shall require that all contractors turn off all construction equipment and delivery vehicles when not in use and prohibit idling in excess of five (5) minutes. For the duration of construction activities both onsite and offsite activities, the construction manager shall serve as the contact person should noise levels become disruptive to local residents. A sign shall be posted at the Project site with the contact phone number. To reduce impacts from construction noise to off -site sensitive receptors, prior to construction within 400-feet of a sensitive receptor, a temporary 12 foot high noise barrier with a STC Rating of 15 dBA or greater shall be in place during construction. Plans showing the location of and STC Rating of the temporary noise barrier shall be submitted to the Community Development Director for review prior to the commencement of any Project -related construction within 400-feet of a sensitive receptor. The Community Development Director shall review the location and STC rating of the noise barriers to confirm that the barriers will attenuate construction -related noise to the levels to 65 dBA or less. As an alternative to the herein described temporary noise barrier, the Project applicant may prepare and submit to the Community Development Director a 24 Construction Noise Reduction Plan with supporting analysis that identifies alternative construction noise reduction strategies that achieve 65 dBA at the nearest sensitive receptor. If after review of the Noise Reduction Plan, the Community Development Director determines that the alternative noise reduction strategies proposed by said plan achieve the desired noise reduction, such strategies may be used in place of the temporary barrier described above. Throughout construction, the contractor shall ensure all construction equipment is equipped with included noise attenuating devices and are properly maintained. This mitigation measure shall be periodically monitored by the Director of Community Development, or designee during routine inspections. Idling equipment must be turned off when not in use. This mitigation measure may be periodically monitored by the Director of Community Development, or designee during routine inspections. Equipment must be maintained so that vehicles and their loads are secured from rattling and banging. This mitigation measure may be periodically monitored by the Director of Community Development, or designee during routine inspections. 55. Preliminary Phase Grading. Prior to approval of phased grading, 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 Engineering Department and shall be used as a guideline for subsequent detailed grading plans for individual units or phases of the TENTATIVE MAP. ARCHEOLOGY 56. Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the representatives) from the Native American Tribe (s) shall be included in the pre -grade meetings to provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance in sensitive areas with the grading 25 contractors. The Project Archaeologist and the Tribal representative(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal representative(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. Any newly discovered cultural resources shall be subject to an evaluation, in consultation with the Native American Tribe(s) and which will require the development of a treatment plan and monitoring agreement for the newly discovered resources. The project archaeologist shall submit a complete final monitoring report no later than 60 days following completion of the monitoring activities to the City of Menifee, the property owner, the Eastern Information Center and the appropriate Tribes. The report shall document the monitoring activities, any resources that were identified, their final disposition, complete DPR site record forms and inventory records, and any other pertinent information associated with the Project. 57. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on -site during all ground -disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above -mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground -disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. 4.1 The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on -site during all ground -disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a 26 copy of a signed contract between the above -mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground -disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 59. Non -Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). 60. Paleontologist Required. This site is mapped in the County's General Plan as having a high potential for paleontological resources (fossils). Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS: The permittee shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project -specific plan for monitoring site grading/earthmoving activities (project paleontologist). The project paleontologist retained shall review the approved development plan and shall conduct any pre -construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows A. The project paleontologist shall participate in a pre -construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. B. Paleontological monitoring of earthmoving activities will be conducted on an as -needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata 27 will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. E. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. F. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. G. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (e.g., Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet -signed original copies of the report and deposit based fee for review shall be submitted directly to the W*1 Community Development Department along with a copy of this condition and the grading plan for appropriate case processing and tracking. Prior to Issuance of Buildinq Permit 61. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a Building Permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 62. Building Plans Required. The developer shall cause building plans to be submitted to the Building and Safety Department for review and approval by the Department of Building and Safety - Plan Check Division. Said plans shall be in conformance with the approved Specific Plan Design Standards and Guidelines. 63. Roof Mounted Equipment. Roof -mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy -saving devices shall be permitted with Community Development Department approval. 64. Utilities Underground. All utility extensions within a lot shall be placed underground. 65. 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. 66. Parking. Parking spaces are required in accordance with Ordinance No. 348. All parking areas and driveways shall be surfaced with asphaltic concrete to current standards as approved by the City of Menifee Engineering Department. 67. 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. 68. Interior/Exterior Noise Levels. The building plans shall incorporate enhanced building construction methods and materials to achieve interior noise levels of 45 dBA CNEL or less at single-family detached residential dwelling units adjacent to Goetz Road and Valley Boulevard. Building materials shall achieve a composite Sound Transmission Class value of 25 for single-family detached residential dwelling units adjacent to Valley Boulevard and a Sound Transmission Class value of 30 for single-family detached residential dwelling units along Goetz Road. 69. A/C Provided. All proposed single-family detached residential dwelling units shall be provided with air conditioning/air ventilation units to allow for a closed window condition to attenuate exterior noise levels. 29 70. Waste Recycling Plan. Prior to the issuance of a building permit for each phase, a Waste Recycling Plan (WRP) shall be submitted to the Riverside County Waste Management Department for approval. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. AIR QUALITY 71. High -Efficiency Lighting. To reduce energy consumption from proposed Project development, applicable plans (e.g., electrical plans) submitted to the City shall include the installation of high -efficiency lighting that is at least 5% more efficient than standard lighting. These plans shall be reviewed and approved by the Department of Building and Safety. 72. Exceed Title-24. To reduce energy consumption from the proposed Project development, the Project applicant shall require that all building structures meet or exceed 2013 Title 24, Part 6 Standards and meet Green Building Code Standards. In addition, major appliances such as dishwashers, washing machines, and refrigerators installed in homes, shall be Energy Star -rated models. Proof of compliance will be required by the Department of Building and Safety in order to obtain a Final Inspection. 73. Low VOC. Prior to issuance of building permits, the project proponent shall submit, to the satisfaction of the Building Official, a Coating Restriction Plan (CRP), consistent with South Coast Air Quality Management District (SCAQMD) guidelines and a letter agreeing to include in any construction contracts and/or subcontracts a requirement that the contractors adhere to the CRP. To improve air quality by reducing VOC emissions associated with the application of architectural coating, homebuilders shall apply VOC coatings and solvents with VOC content lower than SCAQMD Rule 1113 to residential dwelling units. In addition, homebuilders are encouraged to consider the use of pre -coated construction materials and materials that do not require painting. Construction specifications shall be included in the building specifications that assure these requirements are implemented. The specifications shall be reviewed by the City of Menifee's Building and Safety Department for compliance with this mitigation measure prior to issuance of a building permit. MINOR PLANS REQUIRED 74. Landscaping Plans. The land divider/permit holder shall file five (5) sets of a Landscaping and Irrigation Plan to the Community Development Department W 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., APPROVED EXHIBIT L 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 lots 757- 803 and 805-867, (slope planting, common area and/or park landscaping, and individual front yard landscaping). Emphasis shall be placed on using plant species that are drought tolerant and low water using. If the detention basin is proposed to be maintained by an HOA or other non- public entity, landscape plans shall include landscaping for this area. If the detention basin is proposed to be maintained by the Community Facilities District, a confirmation of acceptability by the City of Menifee Engineering Department for proposed landscaping shall be provided to the Community Development Department. 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, ground cover, 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. 31 7) All specimen trees and significant rock outcroppings on the subject property intended for retention shall be shown on the project's grading plans. Replacement trees for those to be removed shall also be shown. 8) All trees shall be minimum double -staked. Weaker and/or slow -growing trees shall be steel -staked. 9) Multi -programmable irrigation controllers which have enough programs to break up all irrigation stations into hydro zones shall be used. If practical and feasible, rain shutoff devices shall be employed to prevent irrigation after significant precipitation. Irrigation systems shall be designed so areas which have different water use requirements are not mixed on the same station (hydro zones). Assistance in implementing a schedule based on plant water needs is available from CIMIS or Mobile Lab. The use of drip irrigation should be considered for all planter areas that have a shrub density that will cause excessive spray interference of an overhead irrigation system. Use flow reducers to mitigate broken heads next to sidewalks, streets, and driveways. 10) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, 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 Transportation Department ONLY. 75. 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 City of Menifee Ordinance No. 2015-167, 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 32 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 SPECIFIC PLAN or meet line of sight requirements, a Lot Line Adjustment or a Minor Change to the TENTATIVE MAP may be necessary. 76. 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: 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 in accordance with the approved Design Manual and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 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 33 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. 77. 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 or subsequent guidelines adopted by the City. The plot plan shall be approved by the Community Development Director prior to issuance of Building Permits for lots included within that plot plan. The plot plan shall contain the following elements: 1) A final site plan (40' scale precise grading plan) showing all lots, building footprints, setbacks, mechanical equipment and model assignments on individual lots. 2) Each model floor plan and elevations (all sides). 3) Three (3) sets of photographic or color laser prints (8" x 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations in accordance with the approved Design Manual and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 4) At a minimum there should be three different floor plans for each Area, as defined in the Design Guidelines. The number of floor plans for each Area shall be in accordance with the Design Guidelines. For development projects that are to be constructed in phases, a phasing plan shall be submitted to assure that the requirements for the number of floor plans is being met. 5) Homes and garages shall be placed at varying distances from the street and have varying entry locations. 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. 34 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. 78. 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 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 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. 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 constructed 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 35 constructed in perimeter walls in order to take advantage of casual view opportunities. Tubular steel fence or combination block wall and tubular steel fence shall be constructed along the eastern tentative tract map boundary if the proposed lots along this boundary include a down slope to the east and if the existing block wall on the neighboring project remains. I. The plan shall show the location of all retaining walls. Retaining walls shall be constructed with split -faced block (were exposed/one-sided) and a masonry cap. Wall construction and heights shall conform with applicable noise mitigation. Walls on lots with rear or side yards along Goetz Road and Valley Boulevard shall be a minimum height of eight (8) feet to provide adequate noise attenuation. ARCHEOLOGY 79. Cultural Resources Report. A report documenting the field and analysis results, interpreting the artifact and research data within the research context shall be completed and submitted to the satisfaction of the City of Menifee and tribal monitor. The report will include Department of Parks and Recreation Primary and Archaeological Site forms for any new resources identified. A final copy will be provided to the Eastern Information Center, the City of Menifee, the Developer, and the tribal monitor. LANDSCAPING 80. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation as defined by City of Menifee Municipal Code 9.86. Landscaping and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04, Riverside County Guide to California Friendly Landscaping, and Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts. The front yard landscaping must be installed prior to final occupancy release. 81. Performance Securities. Prior to the 1st Building Permit for each phase, performance securities, in amounts to be determined by the Community Development Director to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the 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. A cash security shall be required when the estimated cost is $2,500.00 or less. Security deposits are only required for common area landscaped areas. 36 82. 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 83. 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. 84. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 85. Romoland Union School District. Impacts to the Romoland Union School District shall be mitigated in accordance with California State law. 86. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. Prior to Final Inspection 87. 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. 88. Anti -Graffiti Coating. An anti -graffiti coating shall be provided on the street or public view side of all block walls, and written verification from the developer shall be provided to the Community Development Department. 89. 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. 90. Entry Monuments. Prior to the 10th occupancy within the tract, the primary entry monument shall be installed in accordance with the approved entry monument plans. Prior to the 20th occupancy within the tract, any secondary entry monument shall be installed in accordance with the approved entry monument plans. 91. 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. 37 92. Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 93. Roll Up Garage Doors. All residences shall have automatic roll -up garage doors. 94. Final Planning Inspection. The permitee shall obtain final occupancy sign - off from the Planning Division for each Building Permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, walls and fencing and landscaping. 95. Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) to demonstrate project compliance with the approved WRP to the Planning Division of the Riverside County Waste Management Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. LANDSCAPING 96. 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?" 97. 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. 98. 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 and 9.86 (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 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. 99. 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 100. 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, unless superseded by the provisions in a Development Agreement. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 101. 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. 102. Quimby Fees. Quimby fees shall be paid directly to the city prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The amount of Quimby fees paid shall be consistent with the amount determined by the City Manager, or their designee, prior to issuance of a building permit, unless superseded by the provisions in a Development Agreement. 39 103. 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 permittee. Prior to Issuance of Given Building Permit OPEN SPACE LOT CONDITIONS 104. Open Space Lots 802 and 804. Prior to issuance of the 25th Occupancy Permit within Phase -7 of the TENTATIVE MAP or any Occupancy Permit on a residential lot adjacent to lots 802 or 804, any disturbed hillside slopes within lots 802 and 804, as shown on the TENTATIVE MAP, shall be re - vegetated with indigenous, non -irrigated hydroseed mix and shall be consistent with applicable fuel modification requirements per the Riverside County Fire Department. The landscaping, including irrigation, must be consistent with the approved landscaping plans. To ensure that the landscaping is consistent with the approved plans, a landscape inspection will be required as summarized in the Condition of Approval titled "Landscape/Irrigation Install Inspection." .O Section III: Engineerinq/Transportation/ Grading Conditions of Approval 41 The following are the Public Works Engineering Department Conditions of Approval for this development, 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. General Conditions 105. Subdivision Map Act - The developer/property owner shall comply with the State of California Subdivision Map Act. 106. Final Environmental Impact Report (FEIR), Specific Plan — The development is subject to the provisions and mitigation measures identified in a Final Environmental Impact Report (FEIR) Reference SCH# 2014051029, and development standards established under Specific Plan No. 2013-247. 107. Tentative Parcel Map 36657 — A financing/conveyance Tentative Parcel Map (TPM) 36657 is also being reviewed for approval with this Tentative Tract Map (TTM) 36658. 108. Map Phasing — The tentative tract map is proposed for development in seven phases, with each phase recording a final map. Phases 1, 2, 3, 4, 5, 6 and 7 will record as final tract maps TR36658-1, -2, -3, -4, -5, -6 and TR36658 respectively. The final map phases shall be developed in sequential order beginning with Phase 1, and ending with Phase 7 or Final. The developer/property owner may request the development to occur out of sequential order, subject to City approval, provided all required improvements for earlier phases are bonded, constructed and in place prior to the development of a later phase. 109. Final Map Recordation - If multiple tract map phases are filed for recordation, they may be recorded concurrently, or in phases. If recorded in phases, the recordation shall be done in the order described in these Conditions of Approval (COA). 110. Guarantee for Required Improvements - All phased final maps shall be in substantial conformance with approved tentative phased maps. Prior to each final phase map recordation, financial security shall be provided to guarantee the construction of all required improvements associated with each map phase. The Public Works Director may require the dedication and construction of necessary utilities, streets or other improvements outside the area of any particular map phase if the improvements are needed for circulation, parking and access or for the welfare and safety of future occupants of the development. 111. Bond Agreements and Improvement Security — To guarantee the construction of all required improvements, the developer/property owner shall enter into security agreements and post bonds in accordance with applicable City policies and ordinances. The improvements shall include, but not limited to: onsite/offsite grading, street improvements, street lights, traffic signals, :1% signing and striping, water/sewer/recycled water improvements, water quality BMPs, and storm drainage facilities. 112. Existing Easements - The submitted tentative tract map shall correctly show all existing easements, traveled ways, and drainage courses. Any omission or misrepresentation of these documents may require said tentative tract map to be resubmitted for further consideration. 113. 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. 114. Plan Check Submittal Process — Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies/reports, references, fees, deposits, etc. All large format plans shall be bulk folded to 9"x12". A scanned image of all final approved grading and improvement plans on Compact Disc (CD) shall be provided to the City. ACAD files 2004 or later are required for all final maps upon approval. 115. Plan Approvals — All required improvement plans and grading plans must be approved by the Public Works Engineering Department prior to recordation of a final map for which the improvements are required, or prior to issuance of any construction and/or grading permit, whichever comes first and as determined by the PW Director. Supporting City approved studies including, but not limited to, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. 116. As -Built Plans — Upon completion of all required improvements, the developer/property owner shall cause the civil engineer of record to as -built all project plans, and 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. 117. Construction Phasing — It is anticipated that the grading and/or required improvement will be constructed in two phases. Construction Phase I will encompass the development of Map Phases 1 to 4 (or Planning Areas 1-4), and Construction Phase II will encompass Map Phases 5 to 7 (or Planning Areas 5-7). 118. Construction Activities and Times of Operation. 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 from an occupied residence shall be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.020. Construction on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. (b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. 43 (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. 119. Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Public Works Director/City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. GRADING 120. All grading activities 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. Prior to Grading Permit 121. Geotechnical Report - A geotechnical/soils report was submitted to the City and incorporated as an Appendix to the project's FEIR. The geotechnical/soil report was reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. Prior to issuance of any grading permit, two copies of the City approved geotechnical/soils report shall be submitted to the Public Works Engineering Department. The developer/property owner shall comply with the recommendations of the report, and City standards and specifications. All grading shall be done in conformance with the recommendations of the report, and under the general direction of a licensed geotechnical engineer. 122. Grading Permit for Clearing and Grubbing — A grading permit is required from the PW-Engineering Department prior to any clearing, grubbing, or any topsoil disturbances related to construction grading activities. 123. Erosion Control Plans — All grading plans shall require erosion control plans prior to approval. Graded but undeveloped land shall provide, in addition to erosion control measures, 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 or before an anticipated rain event. 124. 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). :El 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. 125. 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. 126. SWPPP for Inactive Sites — The developer/property owner shall be responsible for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed. 127. Grading Bonds — Prior to commencing any grading of 50 or more cubic yards of dirt, the applicant shall obtain a grading permit from the PW- Engineering Department. Prior to issuance of the permit, adequate performance grading security shall be posted by the developer/property owner with the Public Works Engineering Department. 128. Import/Export — Prior to issuance of a grading permit, grading plans involving import or export of dirt shall require approval of the import/export locations from the Public Works Engineering Department. If such locations were not previously approved with an Environmental Site Assessment, a Grading Environmental Site Assessment shall be submitted for review and approval by the Community Development and the Public Works Engineering Departments prior to issuance of any grading permit. A haul route must be submitted for approval by the Engineering department prior to grading operations. 129. Offsite Grading Easements - Prior to recordation of a final map phase, or the issuance of a grading permit within a phased map whichever occurs first, the developer/property owner shall obtain all required easements and/or permissions to perform offsite grading, from affected land owners. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works Engineering Department. DESIGN GUIDELINES: 130. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works Engineering Department. 131. 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 to vertical) or over 30 feet in vertical height - unless addressed in a previously City approved report. 45 132. Slope Landscaping and Irrigation — All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes exceeding 15 feet in vertical height shall be irrigated and planted with shrubs and/or trees per City adopted Riverside County Ordinance 457. Drip irrigation shall be used for all irrigated slopes. 133. Control Measures for Slopes Greater than 3 feet in Vertical Height - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered landscape architect, and bonded per City adopted Riverside County Ordinance 457. 134. 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. 135. Dust Control - During actual grading, all necessary measures to control dust shall be implemented by the developer/property owner in accordance with Air Quality Management District (AQMD) requirements. A watering device shall be present and in use at the project site during all grading operations. 136. Design Grade Criteria: a. On -Site Parking — Where onsite parking is designed, such as in common areas, parking stalls and driveways shall not have grade breaks exceeding 4%. A 50' minimum vertical curve shall be provided where grade breaks exceed 4%. Five percent grade is the maximum slope for any parking area. Where ADA requirement applies, ADA requirement shall prevail. b. Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into receiving underground drainage system, or should outlet with acceptable velocity reducers into BMP devises. d. Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%, or approved by the PW Director/City Engineer. 137. Use of Maximum and Minimum Grade Criteria — Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector, and will need to be removed and replaced at the expense of the developer/property owner. Prior to Buildin_a Permit 138. 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. 139. 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. The certifications shall use City approved forms, and shall be submitted to the Public Works Engineering Department for verification and acceptance. 140. 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 141. Final Grade Certification — The developer/property owner shall cause the Civil Engineer of Record for approved grading plans, to submit signed and wet stamped final grade certification on City approved form, for each building requesting a certificate of occupancy. The certification shall be submitted to the Public Works Engineering Department for verification and acceptance. 142. 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 143. Project Phasing Information - Tentative Tract Map (TTM) 36658 is a proposed subdivision of 240.3 acres into 756 residential lots through a seven - phase development of the tract map. The phases coincide with the Planning Areas of the development. Phases 1, 2, 3, 4, 5, 6, and 7 (or Final) are also Planning Areas 1, 2, 3, 4, 5, 6, and 7. Planning Areas 1, 4, 5 & 7 each has an open space area, and further subdivided into subareas to identify the open space areas. Hence PA 1 has 1A and 1 B; PA 4 has 4A and 4B; PA 5 has 5A and 513; and PA 7 has 7A and 7B. Planning Areas 1 B, 4B, 5B and 7B are the open space areas. 144. Existing Drainage Patterns — The project receives off -site drainage from undeveloped properties located to the west and south at several locations along the project's westerly and southerly boundaries. Onsite drainage flows to the north and east where it exits the site at several locations along the northerly and easterly tract boundaries. 145. Proposed Drainage Patterns — The proposed TTM36658 will accept off -site drainage from the west and from the south. The project will incorporate 7 small debris basins along the southerly and westerly boundaries of the site. Onsite drainage will be conveyed to four onsite detention basins: one near the northwest corner of the tract, one at the northeast corner of the tract, one in the middle of the tract at its easterly boundary, and one near the southeast corner of the development. 146. Proposed Drainage System - The project site is located westerly of 1-215 and southerly of McLaughlin Road in the northwest area of the City. Three of the proposed map phases (TTM36658-5, -6, & -7) are located on the northerly portion of the property, and lie within the drainage tributary area of the Riverside County Flood Control and Water Conservation District's (Flood Control District or District) Line A of the Romoland Master Drainage Plan (MDP). Line A is currently in construction north of Ethanac Road, and when completed will collect and carry flows in the Romoland MDP area for eventual discharge to the San Jacinto River in the City of Perris. The Romoland MDP also includes lateral A-15, planned for future construction in Wheat Rd from Ethanac Road to McLaughlin Road. Another lateral A-14 is planned for future construction from Ethanac Road to McLaughlin Road east of the project. The project's proposed four onsite detention basins will intercept flows within the project boundaries. The two basins located on the northern part of the development will intercept flows from PAs 5, 6 & 7. The intercepted flows will then be conveyed by a proposed storm drain system to a confluence point with the Romoland Line A Interim Channel north of Ethanac Rd, without impacting downstream properties. A summary of this proposed system is as follows: Project flows tributary to future Line A-15 will be intercepted onsite and diverted into Detention Basin B (Lot 761) located at the SE corner of McLaughlin Road and Valley Boulevard. Mitigated flows from this basin will outlet into a proposed storm drain flowing east within McLaughlin Road. Project flows tributary to Line A-14 are also proposed to be intercepted onsite and diverted into Detention Basin A (Lot 760) located at the SE corner McLaughlin Road and Byers Road. Mitigated flows from this basin will outlet into the proposed McLaughlin Road storm drain flowing east to Geary Street. In lieu of constructing lateral Line A-14 in its master plan location, the project is proposing to build an Alternate lateral Line A-14 in Geary Street, which will carry mitigated flows from the two detention basins along with downstream tributary flows to a confluence point in Line A Interim Channel north of Ethanac Road. By using the on -site detention basins the proposed flow rate at the Line A Interim Channel confluence point will be equal to or less than the published Master plan flow rate at that location. Flows from the southern half of the development will be intercepted by the two other detention basins located in PA 1 (Lot 763) and PA 4 (Lot 762). Mitigated flows from these basins will outlet to proposed storm drain systems that will connect to existing Flood Control storm drain facilities, and City drainage facilities located in the adjacent development east of the Project, Several debris basins are proposed along boundary locations near toes of steep slopes to capture debris from flows prior to directing to onsite storm drain lines. Prior to Grading Permit 147. Planning Level Stage Hydrology and Hydraulics Analysis — The developer/property owner submitted a hydrology analysis prepared by Hunsaker & Associates. The study reviewed by the City, contained enough details to substantiate the planning level stage of the proposed drainage concept. The City generally concur with the concept presented in the submitted analysis, however at final engineering stage, and prior to approval of any grading plan, a detailed Hydrology and Hydraulics Study shall be submitted for review and approval by the Public Works Department. The detailed analysis shall use the Flood Control District's Hydrology and Hydraulics guidelines, and shall be approved prior to issuance of any grading permit. 148. Detailed Hydrology and Hydraulics Analysis (Drainage Study) — At final engineering stage, the developer/property owner shall submit a detailed drainage study/analysis that is in substantial conformance with the previously submitted hydrology analysis reviewed at project entitlement stage. The detailed analysis shall include design and sizing calculations to support the proposed sizes and configurations for all drainage facilities onsite and offsite. The analysis shall include calculations showing that existing drainage facilities proposed to receive downstream flows have enough capacities to handle the flow. The facilities that should be analyzed include the following: • Lateral Line A-14 • Onsite Detention Basins • Onsite Debris Basins • Onsite and Offsite Storm Drain Lines and Auxiliaries • Storm Drain connections to existing Flood Control Facilities located east of the Project within TR28504-2 and TR28504-3 • Storm Drain connections to existing drainage facilities located within TR22483 • Water Quality Facilities The developer shall be responsible for all costs incurred in reviewing and approving the final Hydrology and Hydraulics Analysis. 149. Modification to the Romoland MDP - The project is proposing a significant modification to the Romoland MDP. It is understood that Riverside County Flood Control District is not necessarily adverse to a proposed realignment as long as the proposed system still full -fills the intent of the master plan, and as long a supporting detailed drainage study, reviewed and approved by both the City and the District, provides supporting technical justification for the modification. Prior to approval of any drainage plans or issuance of a grading permit, the developer shall provide engineering study(s) to demonstrate to Flood Control that the proposed modification does not adversely affect adjacent and downstream properties, downstream facilities, and provides the same level of flood protection within the watershed. 150. Conditional Letter of Map Revision (CLOMR) and Final Letter of Map Revision (LOMR) — The downstream portion of the proposed Lateral Line A-14 in Geary Street that will connect to Line A, currently lies within the flood plain as shown in the FEMA FIRM Map covering the project. While it is recognized that the construction of Line A entails approval of a final LOMR by we FEMA for the RCFC Line A project, the developer/property owner shall coordinate with RCFC to ensure a CLOMR and a Final LOMR are approved by FEMA prior to completing the Lateral Line A-14 connection to Line A. 151. Detention Basin A (LOT 760), at the SE corner of McLaughlin and Byers - Basin A as shown on the Tentative Map, dated 06-29-2015 will require some redesign. As shown the maximum depth is 12 feet+/-, up to 14 feet was used in the basin routing calculations. The redesign must be addressed in the detailed drainage analysis prior to approval. Access to the outlet structure will be needed per Flood Control standards for width, grade and turning movements. 152. Detention Basin B (LOT 761), at the SE corner of McLaughlin and Valley - Basin B as shown on the Tentative Map, dated 6-29-15 will require some redesign. As shown in the north-west corner, the basin floor is 3 to 4 feet above adjoining finish grade, with a proposed berm up to 9 feet in height being used to achieve basin ponding depths as presented within the routing calculations. The redesign must be addressed in the detailed drainage analysis prior to approval. 153. Basin Sizing at Final Engineering - It should be noted that during final engineering, basin sizing calculations and agency requirements might cause basin area to grow beyond that shown on the submitted Tentative Tract Map, affecting adjoining development area. In the event the impact on the subdivision layout is substantial as determined by the Community Development Department and the Public Works Department, the development may require a resubmittal of the tentative tract map for review and approval by the Planning Commission. 154. Perpetual Drainage Patterns (Easements) - Grading shall be designed in a manner that perpetuates the existing natural drainage patterns and conditions with respect to tributary drainage areas and outlet points. Where these conditions are not preserved, necessary drainage easements shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the PW Engineering Department for review. 155. Protection of Downstream Properties - The developer/property owner shall protect downstream properties from damages that can be caused by alteration of natural drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and securing necessary drainage easements. 156. Detention Basins - Detention Basins shall be designed and constructed to Riverside County Flood Control Standards. This will include basin side slope ratios, access requirements for perimeter roads and ramps to outlet structure, staging areas, basin floor minimum grades, fencing and landscaping. The developer/property owner proposes the detention basins to be combination basins also serving as treatment BMPs for the Project's Water Quality Management Plan (WQMP). As such the storage area required for the BMP function should not be included within the volume used for storm mitigation 50 157. Debris Basins — The tract receives offsite debris laden storm runoff from the western and southern project boundaries. All inlets receiving off -site flows from undeveloped tributary areas must have a debris basin/inlet. All debris basins and associated inlets must be designed to Riverside County Flood Control standards, including access, staging and stockpile areas, slope ratios, etc. The developer/property owner should review this closely because conforming to this requirement during the design phase of the project may result in the loss of developable lots. 158. Access to Basin Outlet Structure — Access to basin outlet structures shall be designed in accordance with Flood Control standards for width, grade and turning movements. 159. The City PW Engineering Department may make additional recommendations as each development phase is submitted. The City may coordinate with, or seek the assistance of the District in reviewing each proposal to ensure consistency with applicable City and District standards and policies regarding overall drainage design. 160. Lateral Line A-15 Option — In light of future developments in neighboring areas including the City of Perris, and the construction of the ultimate flowline Line A, the developer/property owner may consider the option to construct Lateral Line A-15 in lieu of, or in combination with the proposed drainage concept, as the development phase for Phases 5, 6, and 7 is submitted, provided approved studies including environmental reports support this option. The option shall be subject to the approval of the Community Development Department and the PW Engineering Department.This does not preclude the developer from installing the drainage concept as described in condition No. 146. Prior to Map Recordation 161. Offsite Drainage Easements — Prior to final map approval for a phase requiring offsite drainage easements, the developer/property owner shall obtain easements from all affected property owners. Copies of recorded offsite drainage easements shall be submitted to the Public Works Engineering Department. 162. Encroachment Permits from Flood Control District — Prior to final map approval for a phase requiring drainage to be conveyed to storm drain facility that is owned and/or maintained by Flood Control District, an encroachment permit shall be obtained from Flood Control District. For TTM36658-1, -2, -3 and -4, the onsite and tributary offsite flows are proposed to outlet to the following District maintained facilities: • Lot 7 of TR28504-3 • Lots 21 and 22 of TR28504-2 For TTM36658-5, -6, and -7, the onsite and tributary offsite flows are proposed to outlet to the Romoland Line A MDP. 163. Drainage Facilities for Ownership and Maintenance by the Flood Control District - Some of the proposed drainage facilities maybe requested for ownership and maintenance by the Flood Control District. For such drainage facilities, applicable District standards and guidelines shall be 51 complied with; including conditions of approval required for said drainage facilities. Prior to recordation of the final map for a phase served by the requested drainage facilities, the developer/property owner shall enter into a three party cooperative agreement with the City and Flood Control. Both the Riverside County Board of Supervisors and the City of Menifee City Council shall approve the agreement. 164. Conditions for Acceptance of Drainage Facilities by Flood Control District — For drainage facilities requested for ownership and maintenance by the District, a written request must be submitted to Flood Control District. The request shall note the project number, location, brief description of the system (sizes and lengths) and an exhibit that shows the proposed storm drain alignment. If the District is willing to maintain the requested drainage systems, the developer/property owner shall complete the following prior to final map recordation: • Submit to the District preliminary title reports, plats and legal descriptions for all drainage facilities right of way or easements to be conveyed to the District; and secure such right of way or easements to the satisfaction of the District; • Execute a three party cooperative agreement with the City and the District establishing the terms and conditions of inspection, operation and maintenance of said drainage facilities; • Process approval of drainage plans by the District's General Manager - Chief Engineer. The plans cannot be approved prior to execution of the agreement. • Submit an application and applicable fee to the District to draw up the agreement; • Provide guarantee bonds for the drainage facility, and necessary certificate of insurance. 165. Storm Drain Lines 36" and larger - All proposed storm drain lines greater than 36" in diameter maybe considered for ownership and maintenance bythe Flood Control District. 166. Detention Basins & Debris Basins — Proposed detention basins and debris basins maybe considered for ownership and maintenance by the Flood Control District. 167. Maintenance of Detention Basins — For any basin proposed for maintenance by the District, the City or the HOA, the maintenance of each major element of the basins shall be clearly defined. Typically the District will only maintain storm related elements of the basin, the City or HOA will need to maintain the BMP and landscape elements. DRAINAGE DESIGN CRITERIA 168. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100-year storm flows as approved by the City of Menifee. If the tract is built in phases, each phase shall be protected from the 100-year tributary storm flows. 52 169. 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. All lots shall be graded to drain to the adjacent street or an adequate outlet. 170. 100 Year Sump Outlet - Drainage facilities out -letting sump conditions shall be designed to convey the tributary 100-year storm flows, and additional emergency escape shall also be provided. 171. Drainage Facilities and Terracing - Provide drainage facilities and terracing in conformance with Section J109 of the California Building Code. Observe slope setbacks from buildings and property lines per the Code or as amended by City adopted County Ordinance 457. 172. Maintenance Access for Terrace Interceptor — The maintenance access for terrace/interceptor shall be designed following City standards and District guidelines, unless determined otherwise by the PW Director. The general criteria shall be as follows: • Flows between 1-5 cfs shall have a 5-foot wide access road, and flows between 6-10 cfs shall be a minimum 5-foot rectangular channel. • Terrace/interceptor drains shall not be used for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. If collection of offsite tributary flows require that interceptor ditches carry more than 10cfs, the portion of ditch exceeding 10 cfs shall be publicly maintained. • A 12-foot access road shall be constructed along the downstream side of the v-ditch interceptor drain. • A splash wall shall be provided on the downstream side of the interceptor drain unless a block wall with a minimum of 3 courses of block is provided at the back property line of the affected lots. 173. Finish Grade - shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one-half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. 174. Drainage Grade - Minimum drainage design grade shall be 1% except on Portland cement concrete surfaces where 0.5% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1 % with a justification for a lesser grade. 175. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, planting erosion resistant vegetation shall provide protection of the native soils. All cut and fill slopes shall have a maximum 2:1 grade (H:V). 176. A licensed geotechnical engineer shall perform final determination of the foundation characteristics of soils within on -site development areas. 177. Trash Racks. Trash racks shall be installed at all inlet structures that collect runoff from open areas with potential for large floatable debris. 53 178. Energy Dissipators - Energy dissipators, such as riprap, shall be installed at the outlet of storm drain systems discharging 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. TRAFFIC ENGINEERING AND STREET IMPROVEMENTS 179. The project development shall comply with the traffic mitigation measures identified in the Final Environmental Impact Report (FEIR) adopted for this development. The FEIR incorporated findings in a Revised Traffic Impact Analysis (TIA) Report for Cimarron Ridge Specific Plan, dated December 2014 prepared by Albert A Webb Associates. The Public Works Department — Traffic Engineering has reviewed the TIA and has generally concurred with its findings, and a final TIA approved by PW Traffic Engineering is incorporated as an appendix to the Project's Final Environmental Impact Report (FEIR). The development shall comply with the traffic mitigation measures identified in the FEIR and the following Conditions of Approval. 180. Transportation Analysis Phasing — For transportation analysis purposes, the TIA assumed the Project will develop in two phases: • Phase I — encompasses Planning Areas 1A, 1 B, 2, 3, 4A and 4B • Phase II — encompasses Planning Areas 5A, 5B, 6, 7A and 7B The planning area numbers follow the phasing plan utilized in the Specific Plan proposed to be adopted for this development. 181. Street Design Standards — Street improvements shall conform to all applicable City Design Standards and Specifications, City adopted Riverside County Ordinance 461, or the project's adopted Specific Plan, and all other relevant laws, rules and regulations governing street construction in the City. 182. Trails Within Right -of -Way — Required trail improvements along Goetz Road and Valley Boulevard are located within the public road right-of-way and shall be shown on improvement plans for each road. Prior to Improvement Construction 183. Sight Distance Analysis — Sight distance analysis shall be conducted at all project roadway entrances for conformance with City sight distance standards. The analysis shall be reviewed and approved by the PW Director, and shall be incorporated in the final the grading plans, street improvement plans, and landscape improvement plans. 184. Traffic Signal Control Devices - All new traffic signals and traffic signal modifications required for construction by this development shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans, and shall be approved by the PW Director, prior to testing of new traffic signal. Traffic signal poles shall be placed at ultimate locations when appropriate. 54 185. Traffic Signal Timing Plans - Traffic signal timing plans for new signalized intersections shall be submitted with the traffic signal design plans and shall be approved by the PW Director prior to installation and testing of new signal. 186. Signing and Striping Plan — Prior to issuance of a construction permit, any necessary signing and striping plan shall be approved by the PW Director in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. 187. Intersection Geometrics — All proposed intersection geometrics may be modified in final engineering as approved by the PW Director. 188. Fair Share Cost Estimates- The fair share cost estimates for signal modifications and geometric improvements shall be based on conceptual exhibits, reviewed and approved by the PW Director. The conceptual exhibits shall show the proposed improvements overlain onto the existing roadway in order to determine the construction cost of said improvement. 189. Construction Traffic Control Plan - Prior to start of any project related construction, the developer/property owner shall submit to the Public Works Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with the development's FEIR, all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. The traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall include measures to mitigate these effects. The plan shall include the following: a. The estimated day(s), time(s) and duration of any lane closures that are anticipated to be required by Project construction. b. Safety measures such as, but not limited to, signage, flagmen, cones, advance community notice, or other acceptable measures to the satisfaction of the Public Works Engineering Department. The purpose of the measures shall be to safely guide motorists, cyclists, and pedestrians, minimize traffic impacts and ensure the safe and even flow of traffic consistent with City level of service standards and safety requirements. c. A notification to the Public Works Department at least five (5) business days in advance of any planned lane closure that will be caused by Project construction. The City shall evaluate any other known lane closures, construction activities, or special events that may conflict with the Project's scheduled lane closure or create additional impacts to traffic flow; and, if deemed necessary by the Public Works Department, the Project's lane closure may be postponed or rescheduled. PRIOR TO ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY FOR PLANNING AREA 1: 190. Thornton Ave between Goetz Rd and Valley Blvd — The developer/property owner shall construct the required full width street improvements for Thornton Ave as designated in the Project's adopted Specific Plan. These shall include two travel lanes, two bike lanes, and sidewalks and parkways on both sides of the ROW. 55 191. Intersection of Goetz Rd (NS) and Sotelo Rd -Thornton Ave (EW) — The developer/property owner shall construct the required intersection improvements with the following geometrics: • Northbound: One shared left turn, through and right turn lane. • Southbound: One shared left turn, through and right turn lane. • Eastbound: One shared left turn, through and right turn lane. Stop controlled. • Westbound: One shared left turn, through and right turn lane. Stop controlled. The improvements shall include a safe street transition and termination as approved by the PW Director. 192. Traffic Signal at the Intersection of Murrieta Rd (NS) and Ethanac Rd (EW) - The developer/property owner shall install the required traffic signal with the following geometrics: • Northbound: One shared left turn, through and right turn lane. • Southbound: One shared left turn and through lane. One right turn lane. • Eastbound: One left turn lane. One shared through and right turn lane. • Westbound: One left turn lane. One shared through and right turn lane. 193. Internal Roadways within Phase 1 boundaries — The developer/property owner shall construct the required full width street improvements on all other internal roads within Phase 1 per the Project's adopted specific plan. 194. Cost Participation through Payment of TUMF and DIF for Offsite Improvements — The developer/property owner's TUMF and DIF payment obligations shall be considered as cost participation for Project's required offsite improvements only when the offsite improvements for which credits are claimed, are eligible TUMF and/or DIF facilities at the time of TUMF and DIF payments. 195. Central 1-215 improvements — Prior to issuance of the first occupancy permit, the Central 1-215 improvements to add one southbound and one northbound lane to the 1-215 freeway segments between State Route 60 and Murrieta Hot Springs Road shall be constructed and operational. Expected completion of construction is August 2015. 196. Fair Share Cost Participation for Mite Improvements- The developer/property owner shall pay fair share costs for offsite improvements determined as follows: Existing traffic signal modification at the intersection of Goetz Road (NS) and Ethanac Rd (EW). The signal modification will include the addition of a westbound right -turn overlap at a fair share cost of 26.7% of the cost of improvement. PRIOR TO ISSUANCE OF THE 61ST CERTIFICATE OF OCCUPANCY FOR PLANNING AREA 2: W 197. Intersection of Goetz Rd (NS) and Sotelo Rd -Thornton Ave (EW) — The developer/property owner shall construct the required widening improvements at the intersection of Goetz Road (NS) and Sotelo Road - Thornton Avenue (EW) with the following geometrics: • Northbound: One left turn lane. One shared through and right turn lane. • Southbound: One left turn lane. One shared through and right turn lane. • Eastbound: One shared left turn, through and right turn lane. Stop controlled. • Westbound: One shared left turn, through and right turn lane. Stop controlled. 198. Intersection of Valley Blvd (NS) and Thornton Ave (EW) - The developer/property owner shall construct the required improvements at this intersection with the following geometrics: • Northbound: One left turn lane. One shared through and right turn lane. • Southbound: One left turn lane. One shared through and right turn lane. • Eastbound: One shared left turn, through and right turn lane. Stop controlled. • Westbound: One shared left turn, through and right turn lane. Stop controlled. 199. Intersection of Goetz Road (NS) and Goldenrod Avenue -McLaughlin Road (EW) — The developer/property owner shall construct the required intersection improvements with the following geometrics: • Northbound: One left turn lane. One shared through and right turn lane. • Southbound: One left turn lane. One through lane. One right turn lane. • Eastbound: One shared left turn, through and right turn lane. Stop controlled. • Westbound: One shared left turn, through and right turn lane. Stop controlled. At final engineering, the eastbound and westbound directions shall be further analyzed to determine the geometrics that that will best align with existing Goldenrod alignment in the County side, as determined by the PW Director. 200. Traffic Signal at the Intersection of Goetz Road -Valley Boulevard (NS) and Goetz Road (EW) — The developer/property owner shall install the required traffic signal with the following geometrics: • Northbound: One left turn lane. One through lane. One shared through and right turn lane. • Southbound: One left turn lane. One through lane. One shared through and right turn lane. • Eastbound: One left turn lane. One shared through and right turn lane. • Westbound: One left turn lane. One shared through and right turn lane. 57 201. Offsite Valley Blvd from 475' south of Goetz Rd to Thornton Ave — The developer/property owner shall construct the required street improvements along this segment of Valley Blvd, within the existing 110 feet Right of Way, consisting of the following: • 32' of pavement, one lane in each direction. • The street profile shall be decided during final engineering considering safety factors, minimum pavement removal when Valley Blvd is built at ultimate condition, and current City standards and specifications, as determined by the PW Director. • 10' DG trail with a 5' minimum sidewalk • A linear water quality basin design to address runoff from offsite street improvements. The final design maybe modified at final engineering as approved by the PW Director 202. Goetz Rd from McLaughlin Rd north 784' to existing Goetz Rd — The developer/property owner shall construct the required full width improvements of this segment of Goetz Road at its ultimate cross-section as a major roadway from McLaughlin Road north 784' to existing Goetz Road, including a safe transition on the west side of Goetz Rd. as approved by the PW Director. 203. Onsite Improvements for Goldenrod Ave., Valley Blvd., and Goetz Rd. - The developer/property owner shall construct the required full width street improvements for these roads within the project boundary, in accordance with the respective road classification as designated in the adopted Project Specific Plan, including a 10' wide trail on the west side of Valley Boulevard. 204. Goetz Road Street Improvements — The developer/property owner shall construct the Goetz Road as a major roadway from westerly project boundary to Thornton Ave with 68 feet of pavement/median within 110 feet of right-of- way, with two outside lanes, two inside lanes and a center two-way left -turn lane. 205. Construction Plan for transitioning the existing Goetz Rd to its ultimate alignment - The developer shall provide a City approved construction plan that includes a temporary detour route for the public while the existing Goetz Rd is being reconstructed and aligned with the ultimate Goetz Rd. At no times shall the existing Goetz Rd be closed and vacated without the replacement Goetz Rd being complete and open for public use. 206. Internal Roadways within Phase 2 boundaries — The developer/property owner shall construct the required full width street improvements on all other internal roads within Phase 2. 207. Fair Share Cost Participation for Off -site Improvements- The developer/property owner shall pay fair share costs for off -site improvements determined as follows: Roadway geometric improvements to Murrieta Road (NS) and Ethanac Road (EW) at a fair share construction cost of 21.2% for the installation of a Northbound thru lane and a right turn lane. PRIOR TO ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY FOR PLANNING AREA 3: 208. Traffic Signal at the Intersection of Murrieta Rd (NS) and Thornton Ave - Sun Meadows Dr (EW) — The developer/property owner shall install the required traffic signal improvements that include the following geometrics: • Northbound: One left turn lane. One through lane. One shared through and right turn lane. • Southbound: One left turn lane. One shared through and right turn lane. • Eastbound: One shared left turn, through and right turn lane. • Westbound: One shared left turn, through and right turn lane. 209. Onsite Improvements for "U" Street between Goetz Rd and Thornton Ave - The developer/property owner shall construct the required full width improvements for this road within the Project boundary, in accordance with the adopted Project Specific Plan. "U" Street is the internal road crossing over Planning Areas 3 and 4. 210. Internal Roadways within Phase 3 boundaries — The developer/property owner shall construct the required full width street improvements on all other internal roads within Phase 3. 211. Temporary Intersection of Goetz Road (NS) and "U" Street (EW) — The developer/property owner shall construct a temporary intersection of Goetz Rd (NS) and "U" Street (EW) to provide for a temporary South Goetz Project driveway with the following geometrics: • Northbound: One through lane. One shared through and right turn lane. • Southbound: One left turn. Two through lanes. • Eastbound: N/A • Westbound: One shared left turn and right turn lane. Stop controlled 212. Fair Share Cost Participation for Off -site Improvements- The developer/property owner shall pay fair share costs for off -site improvements determined as follows: Roadway geometric improvements to Murrieta Road (NS) and Thornton Ave - Sun Meadows (EW) - The geometric improvements include the addition of a Southbound through lane at a fair share cost of 26.9% of the cost of improvements. PRIOR TO ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY FOR PLANNING AREA 4: 213. Internal Roadways within Phase 4 boundaries - The developer/property owner shall construct the required full width street improvements on all internal roads within Planning Area 4. PRIOR TO ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY FOR PLANNING AREA 5: W 214. McLaughlin Road (EW) from Byers Rd to Goetz Rd — The developer/property owner shall construct partial width improvements on the southerly side of McLaughlin Road at its ultimate cross-section as a Secondary Roadway adjacent to Project boundary line. The improvements shall consist of the following: • A ROW dedication of 13 feet on the south side of McLaughlin to get a half road ROW width of 43 feet measured from the existing centerline to the proposed south McLaughlin ROW line. • The south 43 feet ROW shall allow for street improvements consisting of two eastbound lanes (11 — foot wide each), a 5-foot half median, a 6-foot bike lane, a 5-foot wide sidewalk and 5-foot wide parkway. • On the north side from the existing centerline, the developer/property owner shall construct street improvements consisting of a 5-ft half median, one 12- foot westbound lane, and an 8-ft swale. The remaining 5 feet will remain dirt/gravel, for a total of 30 feet (existing north ROW). • The resulting 10-foot median will be striped to allow left turn movements into the development. All improvements shall conform to City Standards and Specifications as determined by the PW Director. 215. Intersection of McLaughlin Project Driveway (NS) and McLaughlin Rd (EW) — Concurrent with the improvement on McLaughlin, the developer/property owner shall construct the required intersection improvements with the following geometrics: • Northbound: One shared left and right turn lane. Stop controlled. • Southbound: Not Applicable. • Eastbound: One through lane. One shared through and right turn lane. • Westbound: One left turn. One through lane. 216. Byers Road (NS) south of McLaughlin Rd — The developer/property owner shall construct partial width improvements on the westerly side of Byers Road, south of McLaughlin Rd, at its ultimate cross-section as a collector roadway adjacent to Project boundary line. The west side shall include a travel lane, sidewalk, parkway, bike lane, a 12 foot northbound travel lane past the centerline, and a water quality swale meeting edge of pavement on the east side. 217. Intersection of Byers Road (NS) and McLaughlin Rd (EW) — Concurrent with the improvement on Byers Rd, the developer/property owner shall construct the required intersection improvements with the following geometrics: • Northbound: One shared left and right turn lane. Stop controlled • Southbound: Not Applicable • Eastbound: One shared through and right turn lane • Westbound: One shared left turn and through lane 218. Planning Area 5 Internal Roadways — The developer/property owner shall construct required full width improvements on all internal roadways within Planning Area 5. 219. Intersection of Goetz Road (NS) and North Goetz Project Driveway (EW) — The developer/property owner shall construct the required intersection improvements with the following geometrics: • Northbound: One left turn lane. Two through lanes. • Southbound: One through lane. One shared through and right turn lane. • Eastbound: One shared left turn and right turn lane. Stop controlled. • Westbound: Not Applicable. 220. Intersection of Goetz Road (NS) and U Street/South Goetz Project Driveway (EW) — The developer/property owner shall construct the required intersection improvements with the following geometrics: • Northbound: One left turn. One through. One shared through and right turn lane. • Southbound: One left turn. One through. One shared through and right turn lane. • Eastbound: One shared left turn, through and right turn lane. Stop controlled. • Westbound: One shared left turn, through and right turn lane. Stop controlled. 221. McLaughlin Rd (EW) from Byers Rd to Calle Emiliano — The developer/property owner shall construct 32' of pavement (one lane in each direction) of McLaughlin Road from easterly project boundary at Byers Rd, to Calle Emiliano with a 6' pedestrian walkway on one side. The final street profile shall include a water quality design to address runoff from new paved road. 222. Fair Share Cost Participation for Off -site Improvements- The developer/property owner shall pay fair share costs for off -site improvements determined as follows: The developer/property owner shall participate in the construction of a new traffic signal at the intersection of Murrieta Rd (NS) and Chambers Ave (EW), through a fair share payment of 61 % of the cost of construction. PRIOR TO ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY FOR PLANNING AREA 6: 223. Planning Area 6 Internal Roadways — The developer/property owner shall construct required full width improvements on all internal roadways within Planning Area 6. PRIOR TO ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY FOR PLANNING AREA 7: 61 224. Planning Area 7 Internal Roadways — The developer/property owner shall construct required full width improvements on all internal roadways within Planning Area 7. STREET STANDARDS, DEDICATIONS, AND VACATIONS 225. 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. 226. Soils and Pavement Report — Street pavement structural designs shall comply with the recommendations in the City approved Project soils and pavement investigation report, and must meet City standards and specifications, as approved by the PW Director. 227. Street Improvement Plan Profile - Improvement plans shall be prepared based upon a design profile extending a minimum of 300 feet beyond project boundaries at grade and alignment approved by PW Engineering Department. 228. Streetlight Plan — Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the PW Director. 229. Streetlight Design as LS-3 Rate Lights — All streetlights, other than traffic signal safety lights, shall be designed as LS-3 rate lights in accordance with approved City standards and specifications, and as determined by the PW Director. 230. Public Streetlights Service Points —All proposed public streetlights shall be provided with necessary appurtenances and service points for power, separate from privately owned streetlights. The developer/property owner shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to streetlight service points. Service points for proposed public streetlights shall become public and shall be located within public right of way or within duly dedicated public easements. 231. Street Name Sign - The developer/property owner shall install street name sign(s) in accordance with applicable City Standards or as directed by the PW Engineering Department. 232. Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Public Works Director/City Engineer. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. Prior to Map Recordation 233. Onsite Overhead Lines within Dedicated ROW Boundaries — Portions of existing right of ways (ROW) within project boundaries are proposed for vacation with the recordation of the final map phase containing the ROW. Prior to recordation of the final map phases that have existing overhead lines, 62 the developer/property owners shall coordinate the undergrounding, relocation or removal of said lines with appropriate agencies. ROWs with existing overhead lines shall not be vacated without the utilities being first removed, relocated or replaced. Rouse Rd within Map Phases 3 and 4 have existing overhead lines. 234. Vacation of Dedicated ROW within Project Boundaries — Portions of dedicated ROWs within project boundaries are proposed for vacation with the recordation of the final map phase containing the ROW. Prior to recordation of such final map phases, the developer/property owners shall provide non- interference letters from all affected utilities and agencies. 235. Vacation of Existing Goetz Road — Goetz Road within the project boundaries shall not be vacated with the recordation of any final map phase, and without first providing a replacement or realigned road that is open for public use. The vacation of Goetz Road shall be done through a separate recordable instrument (See also Goetz Road vacation under Traffic Engineering and Street Improvements). 236. Access to Offsite Parcels Adjacent to Map Phases 1 and 2 — Prior to final map recordation, the developer/property owner shall ensure that offsite parcels affected by the proposed road vacations located south and west of Map Phases 1 and 2, have continued access to these offsite parcels. These parcels are adjacent to dedicated public street ROWs proposed for vacation by this development. 237. Streets "EEE" and "DDD" within Map Phase 1 — Prior to final map recordation for Map Phase 1, the developer/property owner shall design these streets to ensure access to offsite parcels adjacent to Map Phases 1 and 2 are not blocked. The developer may also provide appropriate alternative access as approved by the PW Director. 238. Acceptance of Public Roadway Dedication and Improvements — Onsite easements and right -of way for public roadways shall be granted to the City of Menifee through the final map, or other acceptable recordable instrument. The off -site rights -of -way required for access road(s) shall be accepted to vest title in the name of the public if not already accepted. Prior to Issuance of Any Construction Permit/Encroachment Permit 239. Improvement Bonds — Prior to issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall enter into a bond agreement and post acceptable bonds or security, to guarantee the completion of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes (See also bond agreement condition under General Conditions). 240. Encroachment Permits — The developer/property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way. Prior to Issuance of Certificate of Occupancy 63 241. Driveways and Driveway Approaches — Driveways and driveway Approaches shall be designed and constructed per City standards. The modified County of Riverside standard 207A may be used as approved by the Public Works Director. Prior to issuance of Certificate of Occupancy, required driveways shall be constructed. 242. Completion of Street Improvements — Prior to issuance of a Certificate of Occupancy in any map phase, the following street components within applicable map phase shall be completed: • 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. • 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 • 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 by the Flood Control District, if applicable, is required. • 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. • Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. • Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with City adopted County Ordinance 461. WATER, SEWER, AND RECYCLED WATER 243. All water, sewer and recycled water improvements shall be designed per the City adopted County Ordinances 460, 461 and 787; Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD. 244. Utility Improvement Plans — Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by the City PW Department and EMWD. 245. Onsite and Offsite Sewer, Water and Recycled Water Improvements — All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to final map recordation. NPDES AND WQMP 246. 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 as determined by the Public Works Director/City Engineer. 247. Preliminary Water Quality Management Plan (Prelim WQMP) — A Preliminary WQMP has been reviewed and approved for this development following the latest WQMP Guidance Document issued by the Regional Water Quality Control Board for new developments. The Prelim WQMP mapped the project into four major Drainage Management Areas (DMAs) consistent with the map phasing for the project as outlined below: • DMA A — includes offsite areas and areas within Map Phase 5 (PA 5) and a portion of Map Phase 6 (PA 6). These areas are tributary to Basin A in Phase 5 (Lot 760) • DMA B — includes offsite areas and areas within Map Phases 6 & 7 (PAs 6 & 7). These areas are tributary to Basin B in Phase 6 (Lot 761) • DMA C — includes offsite areas and areas within Map Phases 3 & 4 (PAs 3 & 4). These areas are tributary to Basin C in Phase 4 (Lot 762) • DMA D — includes offsite areas and areas within Map Phases 1 & 2 (PAs 1 & 2). These areas are tributary to Basin D in Phase 1 (Lot 763) Drainage flows within each DMA are treated with several treatment trains of vegetated swales and other Low Impact Development (LID) features prior to discharge to downstream receiving basins for final treatment. Prior to Grading Permit 248. Final Project Specific Water Quality Management Plan (Final WQMP) — Prior to issuance of any 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) Approved Final Hydrology/hydraulics report (b) Approved Soils Report that includes soil infiltration capacity (c) Limited Phase II Environmental Site Assessment Report 249. 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. 65 250. 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 inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to Issuance of Certificate of Occupancy 251. Basin D (Lot 763) and Treatment Train BMPs within PA 1 — Prior to the issuance of the first Certificate of Occupancy within PA 1, these improvements shall be complete and operational. 252. Treatment Train BMPs within PA 2 — Prior to the issuance of the first Certificate of Occupancy within PA 2, these improvements shall be complete and operational. 253. Basin C (Lot 762) and Treatment Train of BMPs within PA 3 — Prior to the issuance of the first Certificate of Occupancy within PA 3, these shall be complete and operational. 254. Treatment Train BMPs within PA 4 — Prior to the issuance of the first Certificate of Occupancy within PA 4, these improvements shall be complete and operational. 255. Basin B (Lot 761) within PA 6 — Prior to the issuance of a Certificate of Occupancy within PA 6 tributary to Basin B, or first Certificate of Occupancy within PA 7, the basin shall be complete and operational. 256. Basin A and Treatment Train BMPs within PAs 5 & 6 — Prior to the issuance of the first Certificate of Occupancy within PA 5, or a Certificate of Occupancy within PA 6 tributary to Basin A, these improvements shall be complete and operational. 257. WQMP/BMP Education — Prior to issuance of Certificate of Occupancy within each Planning Area, the developer/property owner shall provide the City proof of notification to future occupants of all non-structural Best Management Practices (BMPs) and educational and training requirements for said BMPs as directed in the approved Final WQMP. The developer must provide to the PW Engineering Department notarized affidavit as proof of notification. Public Educational Program materials maybe obtained from the Riverside County Flood Control and Water Conservation District's (District) NPDES Section through their website at www.floodcontrol.co.riverside.ca.us. 258. 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 in a City maintained database for future periodic inspection. 259. BMP Maintenance & Inspection - The CC&R's for the development's Homeowners Association (HOA) shall contain inspection provisions for all 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. 260. 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. 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. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2 261. Prior to City incorporation, this development has been annexed into the Riverside County Consolidated Landscape and Lighting Maintenance District (L&LMD) 89-1C, and the Riverside County Economic Development Agency's County Service Area (CSA) 145. These entities were to provide maintenance services of certain public facilities that will benefit the proposed development. The City of Menifee has now taken over the administration of these two 67 special districts for all annexed properties within City boundaries, and therefore has oversight over the assessment of this project under these Districts. The development is proposing construction of certain facilities that will eventually become public, but are beyond the maintenance criteria of either the L&LMD or the CSA. Therefore, the development shall detach from these districts and shall annex into the Citywide Community Facilities District CFD 2015-2, to facilitate maintenance of certain public facilities that cannot be supported by the existing two Districts. Prior to Map Recordation 262. Detachment or De -annexation from L&LMD 89-1C and CSA 145 — Prior to or concurrent with the recordation of any final map, the developer/property owner shall process and complete the detachment of the entire development from the boundaries of both the L&LMD 89-1 C and the CSA 145. The developer/property owner shall be responsible for all costs associated with the completion of this detachment process. 263. Annexation to the Citywide Community Facilities District (CFD) 2015-2 - Prior to, or concurrent with the recordation of a final map, the developer/property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee Citywide Community Facilities District CFD 2015-2. The citywide CFD shall be responsible for: • The maintenance of public improvements or facilities that benefit this development, and accepted for dedication to the City for CFD maintenance. These facilities shall include but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, 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. 264. 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. MAINTENANCE OF PARKWAY LANDSCAPING WITHIN PUBLIC RIGHT OF WAY 265. Landscape Improvement Plans for CFD Maintenance — Landscape improvements including required trails 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 for review and approval by the PW Engineering Department. The plans may be prepared for each 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. 266. 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. 267. 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. 268. Maintenance of CFD Accepted Facilities — All landscaping and appurtenant facilities to be maintained by 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. TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 269. TUMF Credit & Reimbursement Agreement — The developer/property owner may enter into a TUMF Credit & Reimbursement Agreement for construction of eligible TUMF facilities. The agreement shall be a three party agreement among the developer/property owner, the City, and Western Riverside Council of Governments (WRCOG), and shall be fully executed prior to issuance of a building permit for which credit is claimed. FEES, DEPOSITS, AND DEVELOPMENT IMPACT FEES 270. Fees and Deposits — Prior to final map recordation, approval of grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all Development Impact Fees, Service Fees and Deposits applicable to this development including TUMF and RBBD fees as applicable. Said Fees and Deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. 271. DIF Credits — The developer/property owner may apply for DIF credits for construction of facilities that qualify as City master plan DIF facilities. Section IV: Riverside County Fire Department Conditions of Approval 70 General Conditions 272. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (13-MENI-TR-208) 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. 273. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Dept. recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and / or recognized fire protection standards. 274. 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. 275. Hydrant/Spacing. Schedule A fire protection approved standard fire hydrants, (6"x4"x2-1/2") located one at each street intersection and spaced no more than 500 feet apart in any direction, with no portion of any lot frontage more than 250 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 1,000 feet apart. Prior to Final Map 276. 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. 277. 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 278. 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 71 and all access primary and/or secondary. Approved water plans must be on the job site. Prior to Final Inspection 279. Sprinkler System Residential. Residential fire sprinklers are required in all one and two family dwellings per the California Residential code, California Building Code and the California Fire Code. Install Fire Sprinkler Systems per NFPA 13D, 2013 Edition. Plans must be submitted to the Fire Department for review and approval prior to installation. 72 Section V: Riverside County Environmental Health Conditions of Approval 73 General Conditions 280. Eastern Municipal Water District. Eastern Municipal Water District (EMWD) potable water service and sanitary sewer service is proposed. Per Memorandum of Understanding between the County of Riverside and EMWD, no "will -serve" letters are required for projects located in their service area. Therefore, a "will -serve" letter shall not be required from EMWD for water and sewer service. However, 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. 281. No Vectors. Proposed detention/retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisances. Prior to Final Map 282. Water System. A water system shall have plans and specifications approved by Eastern Municipal Water District and the Department, the City Engineering Department, and Environmental Health. 283. Financial Arrangements. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 284. 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. 285. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. 74 Section VI: Riverside Countv Environmental Programs Department Conditions of Approval 75 Prior to Issuance of Gradin_g Permit 286. Burrowing Owl. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre -construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the Environmental Programs Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. If precise grading occurs more than 6 months from rough grading then updated studies may be required No ground disturbance, including disking, blading, grubbing or any similar activity shall occur within the site until the burrowing owl study is reviewed and approved. For any ground disturbance activities during the general bird nesting season (February 1-September 15), a survey for nesting birds shall be conducted by a qualified biologist prior to any such activities during the general bird nesting season and the results of the survey shall be provided in writing to the Environmental Programs Department. 287. Nesting Bird Survey. The following condition shall be satisfied prior to the issuance of a grading permit. Birds and their nests are protected by the Migratory Bird Treaty Act (MBTA) and California Department of Fish and Game (CDFG) Codes. Since the project supports suitable nesting bird habitat, removal of vegetation or any other potential nesting bird habitat disturbances shall be conducted outside of the avian nesting season (January 1st through September 15th). If habitat must be cleared during the nesting season, a preconstruction nesting bird survey shall be conducted three (3) days prior to initiation of construction activities. The preconstruction nesting bird survey must be conducted by a qualified biologist. The biologist shall prepare and submit a report, documenting the results of the survey, to the City of Menifee Community Development Department for review and approval. If nesting activity is observed, appropriate avoidance measures shall be adopted to avoid any potential impacts to nesting birds. If project activities are delayed or suspended for more than 30 days from the date of the pre -activity survey, surveys shall be repeated. If active nests are observed and located appropriate buffers (e.g., 500 feet of an active listed 76 species or raptor nest, 300 feet of other sensitive or protected bird nests (non -listed), within 100 feet of sensitive or protected songbird nests) shall be established and maintained during clearing and grubbing activities within the nesting season. No grading or heavy equipment activity shall take place within the established buffer until the nest is no longer active as determined by a qualified biologist. 288. Streambed Alteration. Prior to grading, project proponent shall enter into a Notification of Streambed or Lake Alteration Agreement with California Department of Fish and Wildlife The Streambed or Lake Alteration Agreement shall require that existing good quality wetland, mulefat scrub habitat and unvegetated streambed are mitigated at a range of 1:1 to 3:1 replacement ratio based upon the existence of isolated drainage features and/or degraded vegetation, ensuring that Project impacts to jurisdictional waters would be reduced to a less than significant level. 77 Section VII: Community Services Conditions of Approval a-] General Conditions 289. Park Annexation. All parklands must be annexed into a Communities Facilities District or other acceptable mechanism as determined by the City of Menifee. 290. Expanded Parkway Improvements. Landscaping, trails, and any other improvements identified within expanded parkway and end of cul de sac landscaped areas located within open space lots as shown on the TENTATIVE MAP shall be provided when adjacent landscaping within the right of way is improved, unless otherwise approved by the Community Services Director or City Engineer. 291. 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. Prior to Map Recordation 292. Trail Plans. The applicant shall submit a trails plan to the City of Menifee for review and approval. This trails plan shall show the trail with all topography, grading, fencing, cross -sections, street crossings and under crossings, signage (if appropriate), lighting and landscaping. The plan shall be approved prior to recordation of the final map or approval of the final map by the City Council. 293. Annexation into Maintenance 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 for maintenance of open space areas, trails and/or parkway. Prior to Grading Permit Issuance 294. 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 Services 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. Prior to Issuance of a Building Permit 295. Park Plans. Prior to building permit issuance, the applicant shall submit a working park plan for the 10.0 acre park on lot 759 (Planning Area 513) to the City of Menifee Community Services Department for review and approval. The plan shall be prepared consistent with the park plan requirements detailed in Menifee Municipal Code Chapter 9.86 and Park Design Guidelines, and with Menifee Municipal Code Chapter 15.04 for water efficient landscaping. The park plan shall be a working drawing. 79 296. Quimby Fees. Payment of in -lieu fees. The proposed subdivision will fulfill Quimby obligations through a combination of payment of in -lieu fees and dedication of land/credit for onsite parks, which will be maintained by the City of Menifee. Prior to the issuance of a building permit, the City Manager or his/her designee shall determine the amount of Quimby Fees to be paid by the subdivider or as otherwise superseded by the provisions in a Development Agreement. Quimby fees shall be paid directly to the city prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. Prior to Final Inspection 297. Trail Improvements. The trails along Valley Boulevard and Goetz Road shall be fully improved pursuant to the design and improvements shown on the TENTATIVE MAP and SPECIFIC PLAN and approved trails plan to the satisfaction of the Community Development Department and Community Services Department. 298. 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 759 (10.00 Acre Park) 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. A cash security shall be required when the estimated cost is $2,500.00 or less. 299. Planning Area 5B Dedication/Plans. Prior to issuance of the 1 st Occupancy Permit within the Tentative Tract Map, the parkland designated as Planning Area 5B on lot 759 of the TENTATIVE MAP shall be offered for dedication to The City or other entity acceptable to the City of Menifee. Additionally, working park plans shall be approved by the Engineering Department showing the working park plans for Planning Area 5B. Plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (including, but not limited to ball fields, soccer fields, gazeboes, basketball and tennis courts, tot lots, picnic areas, lighting, decomposed granite trails, etc. as shown in Figures 3.1-3A and 3.1-313 of the Specific Plan); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. This requirement may be superseded by a Park Development Agreement or may be otherwise deferred by the Community Services Director based on reasonable justification to defer. :1 Prior to Issuance of a Given Building Permit PARK CONDITIONS 300. Park Development Agreement. Pursuant to Municipal Code Section 9.55.120, the following conditions shall serve as a Park Development Agreement for purposes of modifying timeframes for submittal of park plans, park construction, and park dedication. 301. Park Improvements. Unless superseded by a Development Agreement, failure to comply with any deadline for the development of the park and trail improvements and/or amenities shall halt the issuance of building permits and suspension of all building inspections for residential dwelling units within the subdivision. 302. Planning Area 1B Park Plans. Prior to the issuance of the 1st Building Permit within Phase -1 of the Tentative Tract Map (Planning Area 1A), a minor plot plan application shall be submitted to and approved by the Community Services Department showing the conceptual park plans for Planning Area 1 B on lot 757 of the TENTATIVE MAP. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (including, but not limited to gazeboes, tot lots, picnic areas, lighting, decomposed granite trails, etc. as shown in Figure 3.1-5 of the Specific Plan); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. This requirement may be superseded by a Park Development Agreement. 303. Planning Area 1B Park Construction. Prior to the issuance of the 45tn Building Occupancy within Phase -1 of the Tentative Tract Map (Planning Area 1A), the park within lot 757 (Planning Area 1B) shall be constructed, fully operable and open for public use. 304. Planning Area 4B Plans. Prior to the issuance of the 1st Building Permit within Phase -4 of the Tentative Tract Map (Planning Area 4A), a minor plot plan application shall be submitted to and approved by the Community Development Department showing the conceptual park plans for Planning Area 4B on lot 758 of the TENTATIVE MAP. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (including, but not limited to gazeboes, basketball courts, tot lots, picnic areas, lighting, decomposed granite trails, etc. as shown in Figure 3.1-4 of the Specific Plan); turf and planter layout; tree locations; and plant palette. The plans shall be approved by the City of Menifee. This requirement may be superseded by a Park Development Agreement. 305. Planning Area 4B Constructed, Prior to the issuance of the 45th Building Occupancy within Phase -4 of the Tentative Tract Map (Planning Area 4A), the park within lot 758 (Planning Area 4B) shall be constructed, fully operable and open for public use. 306. Planning Area 5B Constructed. Prior to the issuance of the 485th Building Permit within the TENTATIVE MAP or the 34th Building Permit within Phase - 5 of the TENTATIVE MAP (Planning Area 5), whichever shall occur first, the park within lot 759 (Planning Area 5B) shall be constructed, fully operable and open for public use. `•� The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Name (please print) Date Title (please print) m