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PC15-236EXHIBIT “A” Conditions of Approval for Tentative Tract Map No. 31536 as revised by Extension of Time No. 2015-135 for a Residential Subdivision of 49.47 gross acres into 44 Single Family Residential Lots Section I: Conditions applicable to All Departm ents 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 2 Section I: Conditions Applicable to all Departments 3 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 31536 shall be henceforth defined as follows: TENTATIVE MAP = Tentative Tract Map No. 31536, Amended No. 4, dated 08/31/05. 2. Project Description. The land division hereby permitted is to subdivide 49.47 gross acres into 44 single family residential lots with one acre minimum lot size and one 1.14 acre detention basin (LOT 45). 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 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 f ees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. The developer understands and agrees to pay such fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, 4 annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. 6. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the County of Riverside Board of Supervisors original approval date, unless extended as provided by County Ordinance No. 460. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. A hold shall be placed on the TENTATIVE MAP, and a hold shall be placed on any subsequent minor change or revised map, which shall be set to take effect on the expiration date. The hold effective date shall be extended in accordance with any permitted extensions of time. The hold shall be downgraded to a notice upon recordation of the first phase of the TENTATIVE MAP. The hold or notice shall remain in effect until the recordation of the final phase of the TENTATIVE MAP. If the TENTATIVE MAP expires before the recordation of the final phase the hold or notice shall remain in effect and no further FINAL MAP recordation shall be permitted. 5 Section II: Planning Conditions of Approval 6 General Conditions 7. Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of County Ordinance No. 460, Schedule B, unless modified by the conditions listed herein. 8. Fees for Review. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading or building plan review or review of any mitigation monitoring requirement, shall be reviewed on an hourly basis, or other appropriate fee, as listed in ounty Ordinance No. 671. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. 9. 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 the individual home owners, a homeowners association, or any other successor-in-interest. 10. 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. 11. 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). 12. 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. 13. No Offsite Signage. There shall be no offsite signage associated with this land division, except as otherwise provided by Ordinance No. 679.3 (Kiosk Program). 14. Residential Design Standards. The design standards for the subject parcel are as follows: a. Lots created by this map shall conf orm to the design standards of the A-1-1 zone. b. The front yard setback is 20 feet. c. The rear yard setback is 10 feet. 7 d. The side yard setback is 5 feet except when a lot abuts a street then the setback is 10 feet. e. The minimum average width of each lot is 100 feet. f. The minumum average depth of each lot is 150 feet g. The maximum height of one family residence is 40 feet. The maximum height of any one family residence is 40 feet. h. The maximum height of a communication tower and/or broadcasting antenna is 10 feet. i. The minimum parcel size is one acre gross. j. Residential driveway approaches shall be a minimum of 12 feet and a maximum of 30 feet in width, and 20 feet of full height curb is required between driveways within any one property frontage, in accordance with Ord. No. 461, Standard No. 207. k. No more than 50% of the lot are shall be covered by a dwelling or structure EXCEPT AS ALLOWED BY ORDINANCE NO. 348, THERE SHALL BE NO ENCROACHMENT INTO THE SETBACK. 15. Design Guidelines. The land divider shall comply with the Countywide Design Standards and Guidelines. 16. NPDES Compliance. Since the project will disturb one (1) acre or more, the land divider/permit holder shall comply with all of the applicable requirements of the National Pollution Discharge Elimination System (NPDES) and shall conform to NPDES Best Management Practices for Stormwater Pollution Prevention Plans during the life of this permit. 17. Ordinance No. 659 (DIF). 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 Riverside County Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Riverside County 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 Riverside County 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. 8 18. Ordinance No. 810 (Open Space). 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 Riverside County Ordinance No. 810, which requires payment of the appropriate fee set forth in the Ordinance. Riverside County 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 Riverside County Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Riverside County 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. 19. Required Minor Plans. 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. These three plans may be applied for separately for the whole tract or for phases. 4. Landscaping plans totally in the road right-of-Way shall be submitted to the Transportation Department only. 5. Each phase shall have a separate wall and fencing plan. 6. Entry monument and gate entry 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" (80 series) conditions. 20. 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. 9 21. 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). 22. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place 10 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.” 23. Inadvertent Paleontological Find. Should fossil remains be encountered during site development: 1) All site earthmoving shall be ceased in the area of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site. 2) The applicant shall retain a qualified paleontologist approved by the County of Riverside. 3) The paleontologist shall determine the significance of the encountered fossil remains. 4) Paleontological monitoring of earthmoving activities will continue thereafter on an as-needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level. 5) If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. 6) Any recovered fossil remains will be prepared to the point of 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 11 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. Prior to Final Map 24. Prepare a Final Map. 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 County Ordinance No. 460. 25. Final Map Preparer. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 26. Surveyor Checklist. The 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 have a minimum lot size of one acre gross minimum. C. All lot sizes and dimensions on the FINAL MAP shall be in conformance with the development standards of the R-A zone, and with the General 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 40 feet of frontage measured at the front lot line. F. The common open space areas shall be shown as a numbered lots on the FINAL MAP. 27. Annex to Park District. The land divider shall submit written proof to the Community Development Department - Development Review Division that the subject property has been annexed to the Citywide Community Facilities District. 28. ECS Shall be Prepared. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of County 12 Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. 29. ECS Note Right-to-Farm. The following Environmental Constraints Note shall be placed on the ECS: "Lot Nos. 1 through 11 and 20 through 35 as shown on this map, are located partly or wholly within, or within 300 feet of, land zoned for primarily agricultural purposes by the City of Menifee. It is the declared policy of the City of Menifee that no agricultural activity, operation, or facility, or appurtenance thereof, conducted or maintained for commercial purposes in the City, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years, if it wasn't a nuisance at the time it began. The term "agricultural activity, operation or facility, or appurtenances thereof" includes, but is not limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any apiculture, or horticulture, the raising of livestock, fur bearing animals, fish or poultry, and any practices performed by a farmer or on a farm as incident to, or in conjunction with, such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market." In the event the number of lots, or the configuration of lots, of the FINAL MAP differs from that shown on the approved TENTATIVE MAP, the actual language used above shall reflect those lots which are partly or wholly within 300 feet of agriculturally zoned (A-1, A-2, A-P, A-D) properties. 30. ECS Note Archaeological. The following Environmental Constraints note shall be placed on the ECS: "County Archaeological Report no. PD-A-3323 was prepared for this property on 1/22/04 by Thomas Leslie and Associates and is on file at the Community Development Department. The property is subject to surface alteration restrictions based on the results of the report." 31. ECS Note Biological. The following Environmental Constraints note shall be placed on the ECS: "County Biological Report No. PD-B-2987 was prepared for this property on 7/16/04 by Thomas Leslie and Associates and is on file at the Community Development Department. Biological resources requiring protection include, but are not limited to, burrowing owl habitat and jurisdictional waters. The property is subject to biological resources restrictions based on the results of the report." 32. ECS Note MAFB Noise. The following Environmental Constraints Note shall be placed on the ECS: "This land division is affected by aircraft noise from Air Force operations as defined by the March Air Force Base Air Installation Compatible Use Zone (AICUZ) report." 13 33. ALUC Clearance. A clearance letter from Riverside County Airport Land Use Commission shall be provided to the Riverside County Community Development Department verifying compliance with the conditions of the March Air Reserve Base Air Installation Compatible Use Zone (AICUZ)and in reference to their letter dated September 16, 2004, that is generally summarized as follows: The permit holder/land divider or any successor-in- interest has complied with the required conditions of approval set forth in the (AICUZ) which includes, but is not limited to, providing avigation easements to the subject property, complying with ALUC/AICUZ building, lighting, and emissions standards and causing notification to be made (or a proposal thereof) to all future residents, tenants, or lessees. Any subsequent permits shall be review by the ALUC per their conditions of approval dated September 16, 2004. 34. Comply with Ordinance 457. The land divider shall provide proof to The Land Management Agency - Land Use Section that all structures for human occupancy presently existing and proposed for retention comply with Ordinance Nos. 457 and 348. 35. Ag/Dairy Notification. The land divider shall submit a detailed proposal for the notification of all initial and future purchasers of dwelling units within the subject project of the existence of dairies and/or other agricultural uses within the vicinity of the property and potential impacts resulting from those uses. Said notification shall be in addition to any notice required by Ordinance No. 625 (Riverside County Right-to-Farm Ordinance). Said approved notification shall be provided to all initial and all future purchasers of dwelling units within the subject project. 36. Fee Balance. 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 land divider and/or the land divider's successor-in-interest. 37. Common Area Maintenance. PRIOR TO MAP RECORDATION, the following procedures for common area maintenance procedures shall be complied with: a. A permanent master maintenance organization shall be established for (Tract Map No. 31536), to assume ownership and maintenance responsibility for all common recreation, open space, circulation systems, detention basins, and landscaped areas. The organization may be public or private. Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for ownership and maintenance. If the organization is a private association then neighborhood associations shall be established for each residential development, where required, and such associations may assume ownership and maintenance responsibility for neighborhood common areas. 14 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. d. The common areas to be maintained by the master maintenance organization shall include, but not be limited to, the following: detention basin (lot 45), common slopes and landscaped areas, and common walls (fencing and walls along Cumming and Citation Avenues and Mapes and Malaga Roads) outside the road Right-of-Way shall be conveyed to the proper maintenance organization. 38. 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: 1. A signed and notarized declaration of covenants, conditions and restrictions; and, 2. A sample document, conveying title to the purchaser, of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, 3. A deposit 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 15 the property owners' association shall unconditionally accept from the City of Menifee, upon the City’s demand, title to all or any part of the 'common area', more particularly described on Exhibit 'A' attached hereto. The decision to require activation of the property owners' association and the decision to require that the association unconditionally accept title to the 'common area' shall be at the sole discretion of the City In the event that the 'common area', or any part thereof, is conveyed to the property owners' association, the association, thereafter, shall own such 'common area', shall manage and continuously maintain such 'common area', and shall not sell or transfer such 'common area' or any part thereof, absent the prior written consent of the Community Development Director of the City or the City's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. 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. 39. ECS Note Mt Palomar Lighting. The following Environmental Constraint Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by County Ordinance No. 655, 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 County Ordinance No. 655." 40. ECS Affected Lots. The following note shall be placed on the FINAL MAP: "Environmental Constraint Sheet affecting lots 14 and 15 shall be on file in the City of Menifee Engineering and Public Works Department, in E.C.S. Book ___, Page ___. The Rock outcropping situated within lots 14 and 15 shall be preserved and noted on the FINAL MAP. Some portions of the outcropping may be removed for road construction purposes. 16 ADDED AT PC 12-07-2005 41. ECS - Cultural Resources. The following note shall be placed on the FINAL MAP: “Environmental Constraint Sheet affecting certain areas of the map shall be on file in the City of Menifee Engineering and Public Works Department, in E.C.S. Book ___, Page ___. Cultural Resources have been identified on the project site that should be preserved in place if feasible. The location of these resources are noted in a confidential report prepared by Thomas Leslie Corporation dated January 22, 2004 (PDA 3323) which is on file with the Tentative Tract Map with the City of Menifee. The proposed grading shall avoid the rock outcroppings where these cultural resources are located where possible. If not feasible to avoid entirely, grading shall minimize the impacts to the rock outcroppings located on these lots, in particular to avoid the identified cultural resources. If avoidance and minimizing impacts is not feasible, the rock outcroppings on these lots shall be located elsewhere on the project site for preservation. If rock outcroppings are relocated, a revised exhibit showing the new locations of the outcroppings/non-disturbance areas shall be provided to the Community Development Department” Prior to Issuance of Grading Permits 42. SKR Fee. Prior to the issuance of a grading permit, the land divider/permit holder shall comply with the provisions of Riverside County 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 Riverside County Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 49.47 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 Riverside County Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Riverside County 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. 43. Fee Balance. 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. 44. Grading Plan Review. The land divider/permit holder shall cause a plan check application for a grading plan to be submitted to the Community Development Department for review by the Engineering Department. Said grading plan shall be in conformance with the approved tentative map, PD-B-2987 and PD-A- 3323, in compliance with County Ordinance No. 457, and the conditions of approval for the tentative map. 45. NPDES Compliance. Since this project will disturb one (1) or more acres, it will require a National Pollutant Discharge Elimination System (NPDES) Construction General Permit from the State Water Resources Control Board. 17 Clearance for grading shall not be given until either the district or the Department of Building and Safety has determined that the project has complied with the current requirements regarding the NPDES Construction General Permit. 46. Section 1601/1603 Permit. Should any grading or construction be proposed within or along the banks of any natural watercourse or wetland located either on-site or on any required off-site improvement area, the permit holder shall provide written notification to the Community Development Department that the appropriate California Department of Fish and Game notification pursuant to Sections 1601/1603 of the California Fish and Game Code has taken place. Or, the permit holder shall obtain an "Agreement Regarding Proposed Stream or Lake Alteration" (Section 1601/1603 Permit). Copies of any agreement shall be submitted with the notification 47. Section 404 Permit. Should any grading or construction be proposed within or alongside the banks of the watercourse or wetland, the permit holder shall provide written notification to the Community Development Department that the alteration of any watercourse or wetland, located either on-site or on any required off-site improvement area, complies with the U.S. Army Corps of Engineers Nationwide Permit Conditions. Or, the land divider shall obtain a permit under Section 404 or the Clean Water Act. Copies of any agreements shall be submitted along with the notification. 48. Archaeologist 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. 18 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. 49. 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. 50. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a ten (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; 19 e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or dusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed twenty-five (25) mph; l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed fifteen (15) miles per hour over a thirty (30) minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to fifteen (15) miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; 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 51. Cultural Resources Avoidance. Cultural Resources have been identified on the project site that should be preserved in place if feasible. The location of these resources are noted in a confidential report prepared by Thomas Leslie Corporation dated January 22, 2004 (PDA 3323) which is on file with the Tentative Tract Map with the City of Menifee. The proposed grading shall avoid the rock outcroppings where these cultural resources are located where possible. If not feasible to avoid entirely as determined by the archeologist, grading shall minimize the impacts to the rock outcroppings located on these lots, in particular to avoid the identified cultural resources. If avoidance and minimizing impacts is not feasible, the rock outcroppings on these lots shall be located elsewhere on the project site for preservation. 52. Rock Outcropping Lots 14 and 15. The following note shall be placed on Grading Plans: "The Rock outcropping situated within lots 14 and 15 shall be preserved and shown on the grading plans. Some portions of the outcropping may be removed for road construction purposes.” Prior to Issuance of Building Permit 53. 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. 54. Underground Utilities. All utility extensions within a lot shall be placed underground. 55. Conform Final Site Plan. Final clearance shall be obtained from the Community Development Department - Development Review Division stipulating that the building plans submitted conform to the approved Final Plan of Development. 56. Acoustical Study. The land divider/permit holder shall cause an acoustical study to be performed by an acoustical engineer to establish appropriate mitigation measures that addresses indoor noise impacts. The exterior, unmitigated impact (second stories) for Mapes and Malaga Roads are 70 Ldn. Home design must be shown to reduce interior noise to at or below 45 Ldn for those homes along Mapes Road (lots 1 11,through 15 of the TENTATIVE MAP) and Malaga Road, (lots 16-21 of the TENTATIVE MAP) The study shall be submitted, along with the appropriate fee, to the County Environmental Health Department - Industrial Hygiene Division for review and approval. The approved mitigation measures, if any, shall be forwarded from the environmental Health Department to the Building Department and the Community Development Department for implementation into the final building plans. 57. School Mitigation. Impacts to the Romoland Unified School District and Perris Union High School District shall be mitigated in accordance with California State law. 21 58. Submit Building Plans. The land divider/permit holder shall cause building plans to be submitted to the Community Development Department for review by the Building Department. Said plans shall be in conformance with the TENTATIVE MAP. 59. Fee Balance. Prior to issuance of building 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. 60. Final Site of Development. 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 22 and textures of building materials is encouraged, while maintaining overall design continuity in the neighborhood. Color sample boards shall be submitted as a part of the application and review process. 7) All new residences with garages shall be provided with roll-up (i.e. on tracks) garage doors (either sectional wood or steel). At least twenty-five percent (25%) of the garage doors in any project should have windows. NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by this subdivision's conditions of approval. However, this FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared individually. 61. Landscape Plot Plan. The land divider/permit holder shall file five (5) sets of a Landscaping and Irrigation Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with City Requirements, Menifee Municipal Code Chapter 15.04 and Chapter 9.86, Ordinance 348 Section 18.12, Sections 19.300 through 19.304., 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 lot 45, (common area and/or basin 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. 23 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. 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. 62. 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 24 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 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. 63. Walls/Fencing Plot 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. The following conditions shall be applied to the project based on the information provided by the acoustical consultant: 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. 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. Front yard return walls shall be constructed of view fence (tubular steel) masonry block no more than three (3') in height (slump stone or material of similar appearance, maintenance, and structural durability), split rail fencing, or wood fencing and shall be no higher than five feet in height. 25 D.Side yard gates are required on one side of front yard, and shall be constructed of wrought iron, tubular steel, weed, or slump stone or masonry with a tubular steel combination. Side and rear yard fencing shall be masonry, slump stone or other material of similar appearance, maintenance, and structural durability and no higher than three (3'). 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). E.All new residences constructed on lots of less than 20,000 square feet shall include rear and side yard fencing constructed of masonry block that is a minimum of five (5) feet in height. The maximum height of walls or fencing shall be six (6) feet in height. In the desert areas, block walls are discouraged on the perimeter in favor of increased setbacks with extensive drought tolerant landscaping, berms and fencing such as split rails. F.Except for the desert areas, 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. (Note: exceptions for the desert area discussed above.) H.Side yard gates are required on one side of the home and shall be constructed of powder-coated wrought iron or tubular steel. I.Wrought iron or tubular steel fence sections may be included within tr acts where view opportunities and/or terrain warrant its use. Where privacy of views is not an issue, tubular steel or wrought iron sections should be constructed in perimeter walls in order to take advantage of casual view opportunities. J.Perimeter block walls shall be coating with an anti-graffiti coating. 64. Model Home Complex. A plot plan application shall be submitted to 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. 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. 26 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 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. 65. Performance Securities. Performance securities, in amounts to be determined by the Community Development Director to guarantee the installation of plantings, irrigation system, walls and/or fences for the proposed basin, 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. 66. 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 for landscaping within the proposed basin. 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. 27 67. Building Separation. Building separation between all buildings shall not be less than ten (10) feet. Additional encroachments are only allowed as permitted by County Ordinance No. 348. 68. ALUC Clearance. PRIOR TO THE ISSUANCE OF BUILDING PERMITS the land divider/permit holder or any successor-in-interest shall submit plans stamped by the Building and Safety Department to the Riverside County Airport Land Use Commission for a review that includes, but is not limited to, verifying that interior noise levels of the dwellings fall below the maximum requirements of 45 dB and that building height is acceptable, as set forth in the CLUP for the March Air Reserve Base. The ALUC shall respond in writing to the Community Development Department verifying compliance with this condition of approval. 69. Quimby Fees. Payment of in-lieu fees. The proposed subdivision will fulfill Quimby obligations through the payment of in-lieu fees for parks. 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. 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 70. Block Wall Antigraffiti. All walls as required within these conditions of approval and permitted as part of the Approved Fencing Plan shall be subject to the approval of the Building Department. An anti-graffiti coating shall be provided on all block walls, and written verification from the developer shall be provided to both the Community Development Department, and the Development Review Division. 71. 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. 72. 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?” 73. 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 28 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. 74. 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. 75. 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. 76. Quimby Fees. The land divider/permit holder shall present certification to the Community Development Department that payment of parks and recreation fees and/or dedication of land for park use in accordance with Section 10.35 of County Ordinance No. 460 has taken place. Said certification shall be obtained from the City of Menifee. 77. Concrete Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 78. Fencing Compliance. Fencing shall be provided throughout the subdivision in accordance with the approved final site development plans. 79. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be installed in accordance with the approved entry monument plans. 80. 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. 81. Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 82. Final Planning Inspection. The permittee 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. 29 83. SKR Fees. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection, whichever comes first, the land divider/permit holder shall comply with the provisions of Riverside County 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 Riverside County Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 49.47 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 Riverside County Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Riverside County 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. 84. Mitigation Monitoring. The land divider/permit holder shall prepare and submit a written report to the Community Development Department demonstrating compliance with all these conditions of approval and mitigation measures of this permit and Environmental Assessment No. 39098. The Community Development Director may require inspection or other monitoring to ensure such compliance. 85. Roll-Up Garage Doors. All residences shall have automatic roll-up garage doors. 86. Airport Notification. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS the land divider/permit holder or any successor shall cause the notification of airport vicinity to all future purchasers and/or residents of real property within the boundary of the TENTATIVE MAP. 87. 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. 88. DIF Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set 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. 30 89. 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. 90. 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. 91. 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. 92. 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. 93. 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 31 groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. 32 Section III: Engineering/Transportation/ Grading Conditions of Approval 33 General Conditions 94. MAP-GIN INTRODUCTION. Improvement such as grading, filling, over excavation and re-compaction, and base or paving which require a grading permit are subject to the included Building and Safety Grading Division conditions of approval. 95. MAP-G1.2 OBEY ALL GDG REGS. All grading shall conform to the California Building Code, Ordinance 457, and all other relevant laws, rules and regulations governing grading in Riverside County, as well as the City of Menifee, and prior to commencing any grading, the applicant shall obtain a grading permit from the Public Works Department. 96. GRADING PERMIT. City adopted County Ordinance 457 requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 97. DUST CONTROL. All necessary measures to control dust shall be implemented by the developer during grading. 98. MAX SLOPE RATIO. Grade slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 99. MINIMUM DRAINAGE GRADE. Minimum drainage grade shall be 1% except on portland cement concrete where 0.35% shall be the minimum. 100. SLOPE SETBACKS. Observe slope setbacks from buildings and property lines per the California Building Code - as amended by City adopted County Ordinance 457. 101. NPDES SUPPLEMENT “A”. In order to insure compliance with supplement "A" - New Development Guidelines for Santa Ana, Santa Margarita and Whitewater Drainage Management Plan, all Specific Land Use cases (plot plans, conditional use cases, & public use permits) shall provide, as part of their conceptual grading and drainage exhibit, for the control of impervious areas graded to drain to a BMP filtration system. Direct drainage from impervious areas to the street or a storm drain facility shall be avoided. 102. TRAFFIC STUDY. The County Transportation Department has exempted this project from submitting a traffic study for the subject project. In lieu of a full traffic study for the proposed development, the developer shall provide a traffic scoping analysis to determine necessary traffic mitigation measures necessary to support the proposed development, or as approved by the City of Menifee Public Works Director. 103. DRAINAGE 1. The land divider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or 34 diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the Public Works Department. 104. DRAINAGE 2. The land divider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Transportation Department permits the use of streets for drainage purposes, the provisions of Article XI of City adopted County Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities and/or appropriate easements as approved by the Public Works Department. 105. COUNTY ORDINANCE 460/461. With respect to the conditions of approval for the referenced tentative exhibit, the land divider shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with City approved County Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461), as well as City of Menifee standard plans and specifications. It is understood that the tentative map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and all conditions of approval are essential parts and a requirement occurring in ONE is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the Public Works Department. 106. OFF-SITE PHASE. Should the applicant choose to phase any portion of this project, said applicant shall provide off-site access roads to County maintained roads as approved by the Public Works Department. 107. 10 YR CURB - 100 YR 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. 108. 100 YR SUMP OUTLET. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 109. DRAINAGE PATTERNS. Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. 35 110. DRAINAGE EASEMENT DOCUMENTATION. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the District for review and approval. 111. ADP FACILITIES. Prior to initiation of the final construction drawings for those facilities required to be built as part of the Homeland/Romoland Area Drainage Plan, the developer shall contact the Riverside County Flood Control and Water Conservation District to ascertain the terms and conditions of design, construction, inspection, transfer of rights of way, project credit in lieu of charges and reimbursement schedules which may apply. The developer shall note that if the estimated cost for required Area Drainage Plan facilities exceeds the required mitigation charges and the developer wishes to receive credit for reimbursement in excess of his charges, the facilities will be constructed as a public works contract. Scheduling for construction of these facilities will be at the discretion of the District. 112. CONSTRUCT LINE B-5. The developer shall construct Romoland MDP Line B- 5 in Alicante Drive from the detention basin to the very well defined drainage ditch in Menifee Road (1320 Ft. west of the project site). 113. MAP – OWNER MAINTENANCE NOTICE. The subdivider shall record sufficient documentation to advise purchasers of any lot within the subdivision that the owners of individual lots are responsible for the maintenance of the drainage facility within the drainage easements shown on the final map. 114. FLOOD HAZARD REPORT. Tract 31536 is a proposal to subdivide 49.47 acres into single family lots and a detention basin in the Romoland Area. The project is located on the southeast corner of Mapes Road and Cumming Avenue. The project is within the San Jacinto River sub-watershed within the Santa Ana River Watershed, which is tributary to impaired waterbodies Lake Elsinore and Canyon Lake. The developer has provided a draft Storm Water Pollution Prevention Plan that has mitigation for its potential water quality impacts. This site receives offsite flows from the northeast from a drainage area of approximately 131-acres. The developer proposes to collect these flows on the east side of Malaga Road and route them through the proposed detention basin. The proposed collector inlet on the east side of Malaga Road will require offsite grading and may require drainage facilities to be located offsite. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. Alicante Drive floods after heavy rain storms and would not be an adequate outlet for the proposed increased runoff basin for the site. Therefore, the developer shall construct Romoland MDP Line B-5 in Alicante Drive from the 36 detention basin to the very well defined drainage ditch in Menifee Road (1320 Ft. west of the project site). This (county maintained) roadside ditch is an adequate outlet for the project. The capacity of Romoland Master Plan Line B-5 is based on the 10-year storm (70 cfs), a 39 " RCP pipe. However, because Alicante Drive is not improved (no capacity to carry storm water), the pipe will have to be upsized to accommodate the un-attenuated 100-year flowrate. The construction of Line B- 5 would be credited against the projects' ADP fees, but the credit would only be for the cost of the 39" storm drain proposed in the board adopted ADP. The increased runoff basin shown on the exhibit appears to be sufficient to mitigate the impacts of the development. Final design of the increased runoff basin will not be required until the improvement plan stage of this development. Therefore, the project may need modifications at the plan check stage in order to comply with the increased runoff criteria. This site is located within the bounds of the Homeland/Romoland, line A Sub- Watershed Area Drainage Plan (ADP) for which drainage fees have been established by the Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to permits for this project. Although the current fee for this ADP is $21,052 per acre, the fee due will be based on the fee in effect at the time of payment. The fee is payable to the Flood Control District by cashier's check or money order only. The District will not accept personal or company checks. 115. BMP – ENERGY DISSIPATORS. Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet. 116. BMP – TRASH RACKS. Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 117. ECS WATER. 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 material placed on an individual lot. Prior to Final Map 118. BOND SECURITY. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City of Menifee Public Works Department. 119. SEWER PLAN. A sewer system shall have mylar plans and specifications as approved by the District, the County Survey Department and the Department of Environmental Health. 37 120. ANNEXATION FINALIZED. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. 121. ANNEXATION TO THE CITYWIDE COMMUNITY FACILITIES DISTRICT (CFD) 2015-2. Prior to, or concurrent with the recordation of the 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 Maintenance District (Services) CFD 2015-2. The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 122. 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. 123. ASSESSMENT SEGREGATION - Should this project lie within any assessment/benefit district, the applicant shall, prior to recordation, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. 124. 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. 125. 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. 126. MAINTENANCE OF CFD ACCEPTED FACILITIES. All landscaping and appurtenant facilities to be maintained by the citywide CFD 2015-2 shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. 127. SOILS. The developer/owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of-way. 38 128. CENTERLINE INTERSECTIONS. All centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50' tangent, measured from flowline/curbface or as approved by the Public Works Department or City Engineer. 129. STREET LIGHTS. A separate street light plan is required for this project. Street lighting shall be designed in accordance City of Menifee standards and specifications 1000-10006. 130. UTILITY PLAN. Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with City adopted County ordinance 460 and 461, or as approved by the Public Works Department. The applicant is responsible for coordinating the work with the serving utility company. This also applies to existing overhead lines which are 33.6 kilowatts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. A written proof for initiating the design and/or application of the relocation issued by the utility company shall be submitted to the Public Works Department for verification purposes. 131. SUBMIT ECS & FINAL MAP. A copy of the environmental constraint sheet and the final map shall be submitted to the Public Works Department for review and approval. All submittals shall be date stamped by the engineer and include the appropriate plan check fee. 132. MAINTENANCE MECHANISM. Evidence of a viable maintenance mechanism shall be submitted to the Public Works Department for review and approval. 133. ONSITE EASEMENTS. Onsite drainage facilities located outside of road right of way shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". 134. EASEMENT DOCUMENTATION. The proposed collector inlet on the east side of Malaga Road will require offsite grading and may require drainage facilities to be located offsite. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owners). Document(s) shall be recorded and a copy submitted to the Public Works Department prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 135. PERMISSION TO GRADE. Written permission shall be obtained from the affected property owners allowing the proposed grading and/or facilities to be installed outside of the tract boundaries, prior to grading permit issuance. A copy of the written authorization shall be submitted to the Public Works Department for review and approval. 39 136. INCREASED RUNOFF. The proposed development of this site will adversely impact downstream property owners by increasing the rate and volume of flood flows. To mitigate this impact, the developer has proposed a detention basin. Although final design of the basin will not be required until the improvement plan stage of this development, the applicant's engineer has submitted a preliminary hydrology and hydraulics study that indicates that the general size, shape and location of the proposed basin is sufficient to mitigate the impacts of the development. 137. INCREASED RUNOFF CRITERIA. The entire area of proposed development will be routed through a detention facility(s) to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable. Storms to be studied will include the 1-hour, 3-hour, 6-hour and 24-hour duration events for the 2-year, 5-year and 10-year return frequencies. Detention basin(s) and outlet(s) sizing will ensure that none of these storm events has a higher peak discharge in the "after" condition than in the "before" condition. For the 2-year and 5-year events the loss rate will be determined using an AMC I condition. For the 10-year event AMC II will be used. Constant loss rates shall be used for the 1-hour, 3-hour and 6-hour events. A variable loss rate shall be used for the 24-hour events. Low Loss rates will be determined using the following: 1. Undeveloped Condition --> LOW LOSS = 90% 2. Developed Condition --> LOW LOSS = .9 - (.8 X % IMPERVIOUS) 3. Basin Site --> LOW LOSS = 10% Where possible and feasible the on-site flows should be mitigated before combining with off-site flows to minimize the size of the detention facility required. If it is necessary to combine off-site and on-site flows into a detention facility two separate conditions should be evaluated for each duration/return period/before-after development combination studied; the first for the total tributary area (off-site plus on-site), and the second for the area to be developed alone (on-site). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or on-site alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre-developed, post-developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study. No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be 40 provided for all outlets less than 48" in diameter. The basin(s) and outlet structure(s) must be capable of passing the 100-year storm without damage to the facility. Mitigation basins should be designed for joint use and be incorporated into open space or park areas. Sideslopes should be no steeper than 4:1 and depths should be minimized where public access is uncontrolled. A viable maintenance mechanism, acceptable to both the City of Menifee, should be provided for detention facilities. Generally, this would mean a CSA, landscape maintenance district, parks agency or commercial property owners association. Residential homeowners associations would generally be acceptable. 138. INCREASED RUNOFF STUDY. A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention basin shall be submitted to the Public Works Department for review and approval. Increased runoff mitigation basin criteria shall be as indicated in condition "50.FLOOD RI.15". If the Riverside County Board of Supervisors approves an increased runoff policy which supersedes this criteria prior to the submittal of the complete drainage study, then the Board policy shall apply. 139. IMPROVEMENT PLANS. Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Public Works Department. Completion of road improvements does not imply acceptance for maintenance by City. 140. EASMENT/SUR. Any easement not owned by a public utility, public entity or subsidiary, not relocated or eliminated prior to final map approval, shall be delineated on the final map in addition to having the name of the easement holder, and the nature of their interests, shown on the map. 141. ACCESS RESTRICTION. Lot access shall be restricted on Mapes Road, Malaga Road and Citation Avenue and so noted on the final map. 142. TRAFFIC STUDY. The County Transportation Department has exempted this project from submitting a traffic study for the subject project. Prior to map recordation, in lieu of a full traffic study for the proposed development, the developer shall provide a traffic scoping analysis to determine necessary traffic mitigation measures necessary to support the proposed development, or as approved by the City of Menifee Public Works Director. 41 Prior to Issuance of Grading Permits 143. GRADING SECURITY. Grading in excess of 199 cubic yards will require performance security to be posted with the Public Works Department. Single Family Dwelling units graded one lot per permit and proposing to grade less than 5,000 cubic yards are exempt. 144. 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. Additionally, if such locations were not previously approved by 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. 145. EROSION CONTROL. Landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per the requirements of Ordinance 457, see form 284-47. 146. SOILS REPORT. Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the Public Works Department for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City of Menifee, Public Works Department.* *The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS. 147. DRAINAGE DESIGN. All grading and drainage shall be designed in accordance with Riverside County Flood Control & Water Conservation District's conditions of approval regarding this application. If not specifically addressed in their conditions, drainage shall be designed to accommodate 100 year storm flows. Additionally, the Public Works Department's conditional approval of this application includes an expectation that the conceptual grading plan reviewed and approved for it complies or can comply with any WQMP (Water Quality Management Plan) required by Riverside County Flood Control and Water Conservation District. 42 148. ONSITE EASEMENTS. Onsite drainage facilities located outside of road right of way shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". 149. EASEMENT DOCUMENTATION. The proposed collector inlet on the east side of Malaga Road will require offsite grading and may require drainage facilities to be located offsite. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owners). Document(s) shall be recorded and a copy submitted to the Public Works Department prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 150. PERMISSION TO GRADE. Written permission shall be obtained from the affected property owners allowing the proposed grading and/or facilities to be installed outside of the tract boundaries, prior to grading permit issuance. A copy of the written authorization shall be submitted to the Public Works Department for review and approval. 151. INCREASED RUNOFF. The proposed development of this site will adversely impact downstream property owners by increasing the rate and volume of flood flows. To mitigate this impact, the developer has proposed a detention basin. Although final design of the basin will not be required until the improvement plan stage of this development, the applicant's engineer has submitted a preliminary hydrology and hydraulics study that indicates that the general size, shape and location of the proposed basin is sufficient to mitigate the impacts of the development. 152. INCREASED RUNOFF CRITERI A. The entire area of proposed development will be routed through a detention facility(s) to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable. Storms to be studied will include the 1-hour, 3-hour, 6-hour and 24-hour duration events for the 2-year, 5-year and 10-year return frequencies. Detention basin(s) and outlet(s) sizing will ensure that none of these storm events has a higher peak discharge in the "after" condition than in the "before" condition. For the 2-year and 5-year events the loss rate will be determined using an AMC I condition. For the 10-year event AMC II will be used. Constant loss rates shall be used for the 1-hour, 3-hour and 6-hour events. A variable loss rate shall be used for the 24-hour events. Low Loss rates will be determined using the following: 1. Undeveloped Condition --> LOW LOSS = 90% 43 2. Developed Condition --> LOW LOSS = .9 - (.8 X % IMPERVIOUS) 3. Basin Site --> LOW LOSS = 10% Where possible and feasible the on-site flows should be mitigated before combining with off-site flows to minimize the size of the detention facility required. If it is necessary to combine off-site and on-site flows into a detention facility two separate conditions should be evaluated for each duration/return period/before-after development combination studied; the first for the total tributary area (off-site plus on-site), and the second for the area to be developed alone (on-site). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or on-site alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre-developed, post-developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study. No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter. The basin(s) and outlet structure(s) must be capable of passing the 100-year storm without damage to the facility. Mitigation basins should be designed for joint use and be incorporated into open space or park areas. Sideslopes should be no steeper than 4:1 and depths should be minimized where public access is uncontrolled. A viable maintenance mechanism, acceptable to both the City of Menifee, should be provided for detention facilities. Generally, this would mean a CSA, landscape maintenance district, parks agency or commercial property owners association. Residential homeowners associations would generally be acceptable. 153. INCREASED RUNOFF STUDY. A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention basin shall be submitted to the Public Works Department for review and approval. Increased runoff mitigation basin criteria shall be as indicated in condition "50.FLOOD RI.15". If the Riverside County Board of Supervisors approves an increased runoff policy which supersedes this criteria prior to the submittal of the complete drainage study, then the Board policy shall apply. NPDES and WQMP. All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project 44 specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 154. FINAL PROJECT SPECIFIC WATER QUALITY MANAGEMENT PLAN (FINAL WQMP). Prior to issuance of a grading permit or a building permit whichever occurs first, a FINAL project specific WQMP in substantial conformance with an approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: (a) Hydrology/hydraulics report (b) Soils Report that includes soil infiltration capacity (c) Limited Phase II Environmental Site Assessment Report that include testing for the presence of bio solids/sludge, and other potential contaminants at the site as determined by the PW Director/City Engineer. 155. COMPLIANCE WITH NPDES GENERAL CONSTRUCTION PERMIT. The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resource Control Board (SWRCB). Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans. For additional information on how to obtain a GCP, contact the SWRCB. 156. 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. 157. SWPPP FOR INACTIVE SITES. The developer/property owner shall be responsible for ensuring that any graded area 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. 158. GRADING PERMIT. Prior to issuance of any building permit, the property owner shall obtain a grading permit and/or approval to construct from the Public Works Department. 45 159. SIGNING AND STRIPING PLAN. A signing and striping plan is required for this project. The plan shall conform with all applicable City standards, approved project traffic study, and applicable provisions of the CAMUTCD. The applicant shall be responsible for any additional paving required to implement the striping plan. 160. CONSTRUCTION TRAFFIC CONTROL PLAN. Prior to commencement of construction of any kind, the applicant shall submit to the City PW -Engineering Department for approval a Construction Traffic Control Plan in compliance with the latest CAMUTCD standards or as determined by the PW Director/City Engineer. This plan shall address impacts from truck traffic, noise, and dust and shall propose measures to minimize these effects and provide for safe use of the roads during construction. Included in this plan shall be the Traffic Safety Plan for construction impacts in the road right-of-way. This plan shall specify, for each phase, what measures are required to mitigate the following: a. Dust and dirt fallout from truck loads and from entrainment onto City roadways. Street sweeping is required biweekly during construction activity and daily during all grading operations. Corrugated steel panels, gravel, and wheel washing BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise mitigation from truck traffic, including timing of construction, and operation of vehicles through the surrounding residential streets. c. Traffic safety within the road right-of-way including temporary traffic control measures and devices. 161. SIGHT DISTANCE EXHIBIT. A separate line of sight exhibit shall be provided with grading plans to verify adequate sight distance requirements by showing the limited use areas on the grading plan. 162. CITY STANDARDS AND COUNTY ORDINANCE 461. With respect to the conditions for tentative exhibits, the applicants shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with current City Standards and City adopted Riverside County Road Improvement Standards (Ordinance 461), as approved by the PW Director/City Engineer. It is understood that the exhibit correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's. These Standards and Ordinances and all conditions of approval are essential parts and a requirement occurring in one is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the City PW -Engineering Department. 163. FINAL PROJECT SPECIFIC WATER QUALITY MANAGEMENT PLAN (FINAL WQMP). Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. 46 One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: (a) Hydrology/hydraulics report (b) Soils Report that includes soil infiltration capacity (c) Limited Phase II Environmental Site Assessment Report 164. 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. 165. 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. 166. WQMP RIGHT OF ENTRY AND M AINTENANCE 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. 167. STREET DEDICATIONS. Malaga Road shall be improved within the dedicated right-of-way in accordance with draft County No. 94. (32'/50'), or City of Menifee standards, as approved by the PW Director. All interior streets shall be improved within the dedicated right-of-way in accordance with draft County Standard No. 105, Section B. (36'/56'), or City of Menifee standards, as approved by the PW Director. 168. EXISTING MAINTAINED. The original County conditions require that Mapes Road a paved County maintained road and shall be improved with concrete curb-and-gutter located 32 feet from centerline and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the Public Works Department within a 50 foot half-width dedicated right-of-way in accordance with draft County Standard No. 94. (32'/50') Malaga shall be designed as a collector street, and per the City of Menifee General Plan, provide Class III bike lanes. Malaga Road has been designated as an NEV shared roadway. 169. IMPROVEMENT – PART WIDTH. The original County conditions require that Cumming Avenue shall be improved with 34 feet of asphalt concrete pavement within a 48' part-width dedicated right-of-way in accordance with County Standard No. 103, Section A. (22'/32'), or City of Menifee standards, as 47 approved by the PW Director. Citation Avenue shall be improved with 29 feet of asphalt concrete pavement within a 44' part-width dedicated right-of-way in accordance with County Standard No. 105, Section A. (18'/30'), or City of Menifee standards, as approved by the PW Director. Any improvements along the project frontage within the public right-of-way which are deemed to be substandard by site inspection, shall be improved by the developer to half width plus 12-feet, or as approved by the City of Menifee Public Works Director. 170. STREET NAME SIGN. The land divider shall install street name sign(s) in accordance with County Standard No. 816, or City of Menifee standard plans and specifications as directed by the Public Works Department. 171. LANDSCAPING. The project proponent shall comply in accordance with landscaping requirements within public road rights-of-way, in accordance with Ordinance 461. Landscaping shall be installed within Mapes Road, Malaga Road and Citation Avenue. Landscaping plans shall be submitted on standard County Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. If landscaping maintenance to be annexed to City CFD2015-2, landscaping plans shall depict ONLY such landscaping, irrigation and related facilities as are to be placed within the public road rights- of -way. 172. ASSESSMENT DISTRICT. Should this project lie within any assessment/benefit district, the applicant shall, prior to recordation, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. 173. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2 Prior to City incorporation, this development has been conditioned to annex into the Riverside County Transportation and Land Management Agency (TLMA) Consolidated Landscape and Lighting Maintenance District (L&LMD) 89-1C, and the Riverside County Economic Development Agency’s (EDA) County Service Area (CSA) 152. 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 special districts only for annexed properties within City boundaries. Although the City has now oversight on the assessment of this project under these Districts, annexations into these Districts are no longer considered by both the TLMA and the EDA. The development is proposing construction of certain facilities that will eventually become public, or provision of certain public services. These include maintenance and operation of water quality basins, street sweeping, landscape, streetlights, and graffiti abatement. The City has established a citywide maintenance Community Facilities District (CFD 2015-2) that provide either equivalent or additional services beyond the authorized service limits of the either the L&LMD or the CSA. 48 Prior to Issuance of Building Permit 174. GARAGE DOORS. Garage door setbacks for all residential zones shall be 24 feet for a conventional door or 20 feet for a roll-up door, measured from the back of the sidewalk to the face of garage door or the face of the curb if no sidewalk is required, or 20 feet from the street right-of-way, whichever setback is greater. 175. GRADING CONDITIONS - The property applicant shall obtain a grading permit and approval to construct from the City Engineering Department. The applicant’s civil engineer shall provide the standard City of Menifee rough grade certification form prior to issuance of building permit for each building. The applicant’s geotechnical engineer shall submit compaction reports with 90% and 95% or better prior to building permit issuance. 176. NO BUILDING PERMIT WITHOUT GRADING PERMIT. Prior to issuance of any building permit, the property applicant shall obtain a grading permit and/or approval to construct from the City PW-Engineering Department. 177. CONFORM TO ELEVATIONS/GEOTECHNICAL COMPACTION. Rough Grade Elevations of all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved Grading Plans. The appropriate Engineer-of-Record Rough Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. The appropriate Engineer-of-Record Compaction Testing Certification meeting compliance with the approved project geotechnical/soils report shall be submitted for verification/acceptance to the City Engineering Department. 178. STREET LIGHT PLAN. A separate street light plan may be prepared for the construction of the street lights for this project, or combined with the public street improvement plans for this project as determined by the PW Director/City Engineer. 179. FINANCING MECHANISM. The applicant/developer or any successor in interest, may participate in the establishment and funding of a public/private infrastructure financing mechanism including, but not limited to, a Community Facilities District, Infrastructure Financing District, private loans or grants or other public and/or private funding mechanism(s) as approved by the City. Evidence of financing the developer’s share of the ultimate improvements shall be demonstrated to the satisfaction of the City Manager prior to issuance of a building permit. 180. BMP IMPROVEMENT PLANS. A copy of the BMP improvement plans along with any necessary documentation shall be submitted to the City for review. A copy of the improvement plan and grading plan shall be included for reference. The plans must receive the City’s approval prior to issuance of permits. All submittals shall be date stamped by the engineer and include a completed City Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 49 181. LANDSCAPING IN THE RIGHT OF WAY. Landscaping within public road right-of-way shall comply with PW -Engineering Department standards and Ordinance 461 and shall require approval by the Engineering Department. 182. MAP PHASING. If the tract is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows. 183. EROSION CONTROL AFTER GRADING. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the Public Works Department for review. 184. OFFSITE EASEMENT OR RE-DESIGN. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the District prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 185. ADP FEES. This project is located within the limits of the Homeland/Romoland Area Drainage Plan for which drainage fees have been adopted. Drainage fees shall be paid with cashier's check or money order only to the District at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the land owner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular Area Drainage Plan at the time of issuance of the grading permits or issuance of the building permits if grading permits are not issued. 186. BMP EDUCATION. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of stormwater quality to all initial residents. The developer may obtain NPDES Public Educational Program materials from the Riverside County Flood Control’s NPDES Section by either the District's website www.floodcontrol.co.riverside.ca.us, e-mail fcnpdes@co.riverside.ca.us, or the toll free number 1-800-506-2555. Please provide Project number, number of units and location of development. Note that there is a five-day minimum processing period requested for all orders. The developer must provide to the Public Works Department a notarized affidavit stating that the distribution of educational materials to the tenants is assured prior to the issuance of occupancy permits. A copy of the notarized affidavit for the Water Quality Management Plan (WQMP), must be placed in the report. The District MUST also receive the 50 original notarized affidavit with the plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 187. 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. 188. ROUGH GRADE CERTIFICATION. The applicant’s civil engineer shall provide the standard City of Menifee rough grade certification form. Prior to Final Inspection 189. SLOPE RATIO. Plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees as approved by the Public Works Department. 190. FINISH GRADE. 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 51 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. 191. 80% COMPLETION. Occupancy releases will not be issued to the Public Works Department for any lot exceeding 80% of the total recorded residential lots within any map or phase of map prior to completion of the following improvements: a) Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. b) Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All curbs, gutters, sidewalks and driveway approaches shall be installed. c) Storm drains and flood control facilities shall be completed according to the improvement plans and as noted elsewhere in these conditions. Written confirmation of acceptance for use by the Flood Control District, or Public Works Department, if applicable, is required. d) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required. e) Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. f) Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with City adopted County Ordinance 461. 192. ONSITE AND OFFSITE PUBLIC STREET LIGHTS OWNERSHIP AND MAINTENANCE – All proposed public street lights shall be designed in accordance with City approved standards and specifications, as determined and approved by the PW Director. Unless determined otherwise by the PW Director/City Engineer, the City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and therefore shall be provided with adequate service points for power. The design shall be incorporated in the project’s street improvement plans or in a separate street light plan or as determined and approved by the PW Director. 193. CONFORM TO ELEVATIONS. Final Grade Elevations of all building finish floors and structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved 52 Grading Plans. The appropriate Engineer-of-Record Final Grade Certification shall be submitted for verification/acceptance to the City Engineering Department. 194. FINAL GRADE CERTIFICATION. The applicant’s civil engineer shall provide the standard City of Menifee final grade certification form prior to certificate of occupancy of each building. 195. PLANT AND IRRIGATED SLOPES. Plant and irrigate all slopes greater than or equal to 3' in vertical height with grass or ground cover. Slopes that exceed 15' in vertical height are to be provided with shrubs and/or trees per City adopted County Ordinance 457. 196. BMP EDUCATION. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of storm water quality to all initial users. The developer may obtain NPDES Public Educational Program materials from the Flood Control District's NPDES Section by either the District's website www.floodcontrol.co.riverside.ca.us, e-mail fcnpdes@co.riverside.ca.us, or the toll free number 1-800-506-2555. Please provide Project number, number of units and location of development. 197. BMPS INSTALLED. All structural BMPs described in the project-specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project prior to the completion of these tasks. 198. BMP MAINTENANCE AND INSPECTIONS. The BMP maintenance plan shall contain provisions for all treatment controlled BMPs to be inspected as described in the project’s FINAL WQMP. Required documentation shall identify the entity that will inspect and maintain all structural BMPs within the project boundaries. A copy of all necessary documentation shall be submitted to the City for review and approval prior to the issuance of occupancy permits. 199. TUMF. Prior to the issuance of an occupancy permit, the project proponent shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to Ordinance No. 824. 200. STREET SWEEPING. Street sweeping annexation into CFD 2015-2 as approved by the Public Works Department shall be completed. 201. UTILITY INSTALL. 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 Department. This also applies to existing overhead lines which are 33.6 kilowatts or below along the project frontage and between the nearest poles offsite in each direction of the project site. 53 A certificate should be obtained from the pertinent utility company and submitted to the Public Works Department as proof of completion. 202. WQMP/BMP EDUCATION – Prior to issuance of Certificate of Occupancy, the developer/project owner shall provide the City proof of notification to future occupants of all non-structural BMP’s and educational and training requirements for said BMP’s as directed in the approved WQMP. Acceptable proof of notification must be in the form of a notarized affidavit at the minimum. The developer may obtain NPDES Public Educational Program materials from the Riverside County Flood Control and Water Conservation District's (District) NPDES Section by either the District's website www.floodcontrol.co.riverside.ca.us. The developer must provide to the PW Engineering Department a notarized affidavit stating that the distribution of educational materials to future homebuyers has bee completed prior to issuance of occupancy permits. A copy of the notarized affidavit must be placed in the WQMP. The PW Engineering Department MUST be provided with the original notarized affidavit with plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 203. INSPECTION OF BMP INSTALLATION - Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and/or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site for in a City maintained database for future periodic inspection. 204. BMP MAINTENANCE & INSPECTION – If the development is establishing a Homeowners Association (HOA The CC&R's for the development's Homeowners Association (HOA) shall contain inspection provisions for any privately owned treatment control BMPs, and if required, cleaned no later than any major rain event. The CC&R's shall identify the entity that will inspect and maintain all privately owned structural BMP's within the project boundaries. A copy of the CC&R's shall be submitted to the PW Engineering Department for review and approval. 54 55 Section IV: Riverside County Fire Department Conditions of Approval 56 General Conditions 205. Blue Dot Reflectors. Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 206. Hydrant Spacing. Schedule B fire protection approved standard fire hydrants, (6"x4"x2 1/2") located one at each street intersection and spaced no more than 660 feet apart in any direction, with no portion of any lot frontage more than 330 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hour duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 660 feet apart. Prior to Final Map 207. ECS Roofing Material. ECS map must be stamped by the Riverside County Surveyor with the following note: All buildings shall be constructed with class "B" material as per the California Building Code. 208. 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. 209. ECS Water-Combustible. 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 material placed on an individual lot. Prior to Issuance of Building Permit 210. Tract Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water plans must be at the job site. 211. 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, 2010 Edition. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 57 Prior to Final Inspection 212. 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, 2010 Edition. Installation of the fire sprinklers will be verified prior to issuance of occupancy. 58 Section V: Riverside County Environmental Health Conditions of Approval 59 Prior to Final Map 213. Water Plan. A water system shall have plans and specifications approved by the water company and the Department of Environmental Health. 214. Money. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by County Counsel. 215. Sewer Plan. A sewer system shall have mylar plans and specifications as approved by the District, the County Survey Department and the Department of Environmental Health. 216. Annex Finalized. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. 60 Section VI: Riverside County Environmental Programs Department Conditions of Approval 61 Prior to Issuance of Grading Permits 217. 30-Day Burrowing Owl Survey. 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 a voided 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. 62 The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date _______________________________________________ ___________________ Name (please print) Title (please print)