PC15-227RESOLUTION NO. PC 15-227
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA RECOMMENDING APPROVAL OF A
TENTATIVE PARCEL MAP NO. 36657 (PLANNING APPLICATION
2013-209 PM) FOR THE SUBDIVISION OF 240.3 ACRES INTO SEVEN
(7) PARCELS LOCATED SOUTH OF MCLAUGHLIN ROAD, WEST OF
BYERS ROAD, AND NORTH OF CHAMBERS ROAD
Whereas, on October 11, 2013, th
formal application with the City of Menifee
parcels with a minimum lot size of 26.2 aci
McLaughlin Road, west of Byers Road, and
Menifee; and
applicant, Cimarron Ridge, LLC, filed a
for the subdivision of 240.3 acres into 7
es for financing purposes located south of
north of Chambers Road, within the City of
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 Parcel
Map No. 36657, 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 Parcel Map No. 36657 (PM 2013-209), the Planning
Commission hereby makes the following findings:
Consistency with the General Plan. The Tentative Parcel Map is consistent with
the General Plan Land Use Map and applicable General Plan objectives,
policies, and programs.
The General Plan land use 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 the 240.3 acres into seven (7) parcels for
phasing and financing purposes to implement Cimarron Ridge Specific Plan (SP
2013-247) and Tentative Tract Map No. 36658 (TR 2013-208), which are
consistent with the General Plan pursuant to Resolution PC 15-223 and
Resolution PC 15-226. Therefore, the proposed Tentative Parcel Map is also
consistent with the General Plan land use designation of 2.1-5R.
In addition, the Tentative Parcel Map is consistent with the following General Plan
goals and policies in particular:
Resolution No PC 15-227
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August 12, 2015
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.
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.
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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-9: 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 nonniotorized 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
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,
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August 12, 2015
drainage corridors, road rights -of -way and other potential
options.
GoalOSC-9: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
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.
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August 12, 2015
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
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).
Resolution No PC 15-227
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August 12, 2015
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,
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.
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August 12, 2015
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.
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,
Resolution No PC 15-227
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August 12, 2015
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
associated Tentative Tract Map that implements the Tentative Parcel Map.
Therefore, the proposed zone change and specific Plan would be necessary to
potentially approve the associated Tentative Tract Map to develop the property
3. Consistency with Ordinance 460 Regulating the Division of Land.
The subdivision is a Schedule I subdivision of 240.3 gross acres into seven (7)
parcels with a minimum lot size of 26.2 acres. A Schedule I tentative parcel map
is defined by Ordinance 460 as any division of land where all parcels are not less
than twenty (20) acres in gross 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 I map requirements of Ordinance
460.
4. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or injurious
to or incompatible with other properties or land uses in the project vicinity.
Existing uses to the north and east include single family residential, to the south
and west is vacant land.
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August 12, 2015
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 Parcel Map No. 36657 (PM 2013-209) subject to the
Conditions of Approval Exhibit "T' to this Resolution.
Resolution No PC 15-227
PM36577/ Planning Case 2013-209 PM
August 12, 2015
PASSED, APPROVED AND ADOPTED this the 12'h day of August, 2015, by the
following vote:
AYES: Doty, Karwin, Phillips, Sobek, Thomas
NOES: None
ABSENT: None
Chris Thomas, Chairman
Attest:
nnifer Allen, Deputy City Clerk
Approved as to form:
Ajit ind, Assistant City Attorney
WENIFE
e,
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
ww.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. PC15-227 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
ennifer Allen, Deputy City Clerk
EXHIBIT 961"
Conditions of Approval for
Tentative Parcel Map No. 36657 (Planning Application
2013-209 Tentative Parcel Map)
Schedule I Subdivision
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Riverside County Fire Department
Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
Section VI: Riverside County Environmental Programs
Department
E
Section
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 Parcel Map No. 36657 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 Parcel Map No. 36657, dated 11/26/14,
(Planning Application No. 2013-209)
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
TENTATIVE TRACT MAP = Tentative Tract Map No. 36658 JR 2013-208)
SPECIFIC PLAN = Specific Plan No. 2013-247 (Cimarron Ridge Specific Plan)
2. Description. The TENTATIVE MAP proposes a Schedule I subdivision of
240.3 gross acres into 7 parcels with a minimum lot size of 26.2 acres for
financing purposes.
3. Ninety (90) Days. The permittee has ninety (90) days from the date of
approval of these conditions to protest, in accordance with the procedures set
forth in Government Code Section 66020, the imposition of any and all fees,
dedications, reservations and/or other exactions imposed on this project as a
result of this approval or conditional approval of this project.
4. Indemnification. 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.
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
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impact fees. Such fees may include but are not limited to processing fees for
the costs of providing planning services when development entitlement
applications are submitted, which fees are designed to cover the full cost of
such services, and development impact fees to mitigate the impact of the
development proposed on public improvements. To the extent that Menifee
may develop future financing districts to cover the costs of maintenance of
improvements constructed by development, Permittee agrees to petition for
formation of, annexation to or inclusion in any such financing district and to
pay the cost of such formation, annexation or inclusion.
The permittee acknowledges it is on notice of the current development fees
and understands that such fees will apply at the levels in effect at the time the
fee condition must be met as specified herein.
6. Comply with Ordinance No. 460. This land division shall comply with the
State of California Subdivision Map Act and to all requirements of Ordinance
No. 460, Schedule I, unless modified by the conditions listed herein.
7. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the Menifee Planning Commission's original approval
date, unless extended as provided pursuant to the, Subdivision Map Act,
Ordinance No. 460 or subsequent ordinance adopted by the City. Action on a
minor change and/or revised map request shall not extend the time limits of
the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires
before the recordation of the final phase, no further FINAL MAP recordation
shall be permitted.
8. No Building Permits. Planning Application 2013-209 Tentative Parcel Map
(PM36657) is for a Schedule I subdivision. No building permits shall be issued
pursuant to this subdivision. Conditions pertaining to building permits shall
refer to the TENTATIVE TRACT MAP.
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Section II:
Planning Conditions of Approval
General Conditions
9. Park Annexation. All parklands must be annexed into a Communities
Facilities District or other acceptable mechanism as determined by the City of
Menifee.
10. 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.
Prior to Final Map
FEES
11. Final Map. After the approval of the TENTATIVE MAP and prior to the
expiration of said map, the developer/owner shall cause the real property
included within the TENTATIVE MAP, or any part thereof, to be surveyed and
a FINAL MAP thereof prepared in accordance with the current Engineering
Department requirements, the conditionally approved TENTATIVE MAP, and
in accordance with Article IX of Ordinance No. 460.
12. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or
registered civil engineer.
13. Dark Sky Ordinance. The following Environmental Constraints Note shall be
placed on the ECS:
"This property is subject to lighting restrictions as required by the Menifee
Municipal Code Chapter 6.01, the "Dark Sky Ordinance", which are intended
to reduce the effects of night lighting on the Mount Palomar Observatory. All
proposed outdoor lighting systems shall be in conformance with the Dark Sky
Ordinance."
14. Survey Checklist. The Engineering Department shall review any FINAL MAP
and ensure compliance with the following:
A. All parcels on the FINAL MAP shall be in substantial conformance
with the approved TENTATIVE MAP relative to size and configuration.
B. All lots on the FINAL MAP shall comply with the length to width ratios,
as established by Section 3.8.C. of Ordinance No. 460.
C. The total number of parcels on the final map shall be 7.
15. Fees. Prior to recordation, the Planning Department shall determine if the
deposit based fees for the TENTATIVE MAP are in a negative balance. If so,
A
any unpaid fees shall be paid by the developer/owner and/or the
developer/owner's successor -in -interest.
Prior to Issuance of Grading Permit
16. 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.
17. 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.
18. 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).
19. Fugitive Dust Control. The permitee 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 weepers) 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
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;
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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;
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.
20. Trails Plans. Prior to the issuance of any grading permits, the applicant shall
submit grading plans and construction specifications to the City of Menifee
Community Development Department and Engineering Department for review
and approval. These grading plans shall show the location of all trails
consistent with the approved trails plan which was required prior to map
recordation.
21. 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
22. Archeologist Retained. Prior to issuance of a grading permit the project
applicant shall retain a Riverside County qualified archaeologist to monitor all
ground disturbing activities in an effort to identify any unknown archaeological
resources.
The Project Archaeologist and the representative(s) from the Native American
Tribe (s) shall be included in the pre -grade meetings to provide
cultural/historical sensitivity training including the establishment of set
guidelines for ground disturbance in sensitive areas with the grading
contractors. The Project Archaeologist and the Tribal representative(s) shall
manage and oversee monitoring for all initial ground disturbing activities and
excavation of each portion of the project site including clearing, grubbing, tree
removals, mass or rough grading, trenching, stockpiling of materials, rock
crushing, structure demolition and etc. The Project Archaeologist and the
Tribal representative(s), shall have the authority to temporarily divert, redirect
or halt the ground disturbance activities to allow identification, evaluation, and
potential recovery of cultural resources in coordination with any required
special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract
to the Community Development Department to ensure compliance with this
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.
23. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required
on -site during all ground -disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder
shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno
Indians. Prior to issuance of a grading permit, the developer shall submit a
copy of a signed contract between the above -mentioned Tribe and the land
divider/permit holder for the monitoring of the project to the Community
Development Department and to the Engineering Department. The Native
American Monitor(s) shall have the authority to temporarily divert, redirect or
halt the ground -disturbance activities to allow recovery of cultural resources, in
coordination with the Project Archaeologist.
The Developer shall relinquish ownership of all cultural resources, including all
archaeological artifacts that are of Native American origin, found in the project
area for proper treatment and disposition to a curational facility that meets or
exceeds Federal Curation Standards outlined in 36 CFR 79. The
Applicant/Permittee shall be responsible for all curation costs.
24. Native American Monitoring (Soboba). Tribal monitor(s) shall be required
on -site during all ground -disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder
shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno
Indians. Prior to issuance of a grading permit, the developer shall submit a
copy of a signed contract between the above -mentioned Tribe and the land
divider/permit holder for the monitoring of the project to the Community
Development Department and to the Engineering Department. The Native
American Monitor(s) shall have the authority to temporarily divert, redirect or
halt the ground -disturbance activities to allow recovery of cultural resources, in
coordination with the Project Archaeologist.
The Developer shall relinquish ownership of all cultural resources, including all
archaeological artifacts that are of Native American origin, found in the project
area for proper treatment and disposition to a curational facility that meets or
exceeds Federal Curation Standards outlined in 36 CFR 79. The
Applicant/Permittee shall be responsible for all curation costs.
25. Non -Disclosure of Location Reburials. It is understood by all parties that
unless otherwise required by law, the site of any reburial of Native American
human remains or associated grave goods shall not be disclosed and shall not
be governed by public disclosure requirements of the California Public
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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).
26. 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
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.
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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 shall be submitted directly to the Community Development
Department along with a copy of this condition and the grading plan for
appropriate case processing and tracking.
FEES
27. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the
permittee shall comply with the provisions of Ordinance No. 663, which
generally requires the payment of the appropriate fee set forth in that
ordinance. The amount of the fee required to be paid may vary depending
upon a variety of factors, including the type of development application
submitted and the applicability of any fee reduction or exemption provisions
contained in Ordinance No. 663. Said fee shall be calculated on the approved
development project which is anticipated to be 240.3 acres (gross) in
accordance with 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
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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.
28. Fees. Prior to the issuance of grading permits for the TENTATIVE MAP, the
Community Development Department shall determine the status of the deposit
based fees. If the fees are in a negative status, the permit holder shall pay the
outstanding balance.
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Section III:
Engineering/Transportation/
Grading Conditions of Approval
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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.
A. GENERAL CONDITIONS:
29. Subdivision Map Act - The developer/property owner shall comply with the
State of California Subdivision Map Act.
30. 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.
31. Purpose of TPM36657 — Tentative Parcel Map (TPM) 36657 is a proposed
subdivision of 240.3 acres of vacant land into seven large Parcels (Lots 1, 2,
3, 4, 5, 6 & 7). TPM 36657 is for financing and land conveyance purposes
only. No infrastructure improvements, building and/or grading permits shall be
constructed or issued for the seven Lots created by this parcel map.
32. Final Parcel Map Recordation — The final parcel map shall be in substantial
conformance with approved TPM. Each Lot created with the final map
recordation shall be developed in conformance with the all the Conditions of
Approval (COA) for Tentative Tract Map 36658, and Specific Plan No, 2013-
247, both being considered for concurrent approval with this parcel map. SP
2013-247 describes the development standards for the entire project as a
whole.
33. Final Map Plan Check Submittal Process — Appropriate plan check
application forms shall be completed and submitted to PW for review. A list of
required submittal items 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 final maps on
Compact Disc (CD) shall be provided to the City. ACAD files 2004 or later are
required for all final maps upon approval.
34. Final Map Plan Approvals — Final parcel maps must be reviewed by the
Public Works Engineering Department and the Community Development
Department prior to recordation. Approval shall be through action by the City
of Menifee City Council.
35. Existing Easements and Right of Ways - The submitted tentative parcel
map shall correctly plot/show all existing easements, traveled ways or right of
ways, and drainage courses. Any omission or misrepresentation of these
documents may require said parcel map to be resubmitted for further
consideration by the Planning Commission.
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PRIOR TO FINAL MAP RECORDATION:
B. EASEMENTS, RIGHT OF WAY DEDICATIONS AND VACATIONS
36. Current Title Report — The developer/property owner shall provide a current
Title Report not older than 90 days.
37. Copies of Easement Documents — The developer/property owner shall
provide copies of recorded instruments or documents for all existing
easements within the boundaries of TPM 36657.
38. Vacation of Dedicated ROW within Project Boundaries — Portions of
dedicated ROWs within project boundaries are proposed for vacation with the
recordation of the final parcel map. Prior to recordation of the final parcel map,
the developer/property owners shall provide non-interference letters from all
affected utilities and agencies having rights within the ROW.
39. Vacation of Existing Goetz Road — Goetz Road within the project
boundaries shall not be vacated with the recordation of the final parcel map.
The vacation of Goetz Road shall be done through a separate recordable
instrument, and shall comply with the TTM36658 COAs regarding vacation of
existing Goetz Road and construction of new Goetz Road.
40. Existing Goetz Road Right of Way — The final parcel map shall correctly
show all existing dedications for Goetz Road, and appropriate recorded
instruments referenced.
41. Access to Offsite Parcels Adjacent to Lots 1 and 2 of TPM 36657 — Prior
to final parcel map recordation, the developer/property owner shall provide
access to parcels located south and west (City of Perris) of Lots 1 and 2 of
TPM 36657 since this TPM is proposing vacation of dedicated street ROWS
providing access to these offsite parcels.
42. 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.
C. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2
Prior to City incorporation, this property has been annexed into the Riverside County
Consolidated Landscape and Lighting Maintenance District (L&LMD) 89-1 C, 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 associated with this proposed Parcel Map.
The City of Menifee has now taken over the administration of these two special
districts for all annexed properties within City boundaries, and therefore has
oversight over the assessment of this property under these Districts.
43. Detachment or De -annexation from L&LMD 89-1C and CSA 145 — Prior to
or concurrent with the recordation of the final parcel 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
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CSA 145. The developer/property owner shall be responsible for all costs
associated with the completion of this detachment process.
44. Annexation to the Citywide Community Facilities District (CFD) 2015-2 -
Prior to, or concurrent with the recordation of the final parcel 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.
45. 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, and shall be a
document that runs with the land.
D. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
46. Fees and Deposits — Prior to final parcel map recordation, the
developer/property owner shall pay all Development Impact Fees, Service
Fees and Deposits due prior to final map recordation in accordance with
applicable City ordinances. These include may include TUMF and RBBD fees
as applicable.
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Section IV:
Riverside County Fire Department
Conditions of Approval
im
General Conditions
47. 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.
48. 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.
49. 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.
50. 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.
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Section V:
Riverside Countv Environmental
Health Conditions of Approval
20
Genera/ Conditions
51. 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.
52. No Vectors. Proposed detention/retention basins shall be constructed and
maintained in a manner that prevents vector breeding and vector nuisances.
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Section VI:
Riverside County Environmental
Programs Department
Conditions of Approval
22
Prior to Issuance of Gradinq Permit
53. 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.
54. 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
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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.
55. 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. The project
proponent shall provide a copy of the agreement to the Community
Development Department.
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The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
Signed
Name (please print)
Date
Title (please print).
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