PC15-2441 EXHIBIT “1”
Conditions of Approval for
Tentative Tract Map No. 29777
per Minor Change No. 2015-059
for a Residential Subdivision of 63.48 acres into
173 Single Family Residential Lots
Section I: Conditions applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Section III: Public Works and Engineering Conditions of
Approval
Section IV: Riverside County Fire Department
Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
Section VI: Riverside County Environmental Programs
Department Conditions of Approval
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Section I:
Conditions Applicable to all
Departments
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General Conditions
1. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative Tract Map No. 29777 shall be
henceforth defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all
mean the Permittee of this project.
TENTATIVE MAP = Tentative Tract Map No. 29777, dated October 16, 2015.
CONCEPTUAL LANDSCAPING & PARK PLAN = Tentative Tract Map No.
29777, Exhibit L, dated October 16, 2015.
CONCEPTUAL WALL AND FENCING PLAN = Tentative Tract Map No.
29777, Exhibit W, dated October 16, 2015
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
2. Project Description.
Tentative Tract Map No. 29777. The land division hereby permitted is to
subdivide 63.48 acres into 173 residential lots with a minimum lot size of 7,200
square feet, an 11.16 acre natural open space lot (Lot A), a 2.7 acre park (Lot
B), a 0.48 acre water quality basin (Lot C), thirty (30) foot wide paseos (Lot D,
E, & F), a 0.12 acre lot for fire access (Lot G) and a 0.21 acre lot for
incorporation into the landscape parkway for Rouse Road (Lot H).
Minor Change No. 2015-059 is approved for:
Modification of grading to minimize amount of import required.
Amend the map per the Riverside County Planning Commissions direction
per Condition of Approval No. 20. Planning. 003:
a. All lots shall meet the minimum lot size of 7,200 square feet per
the R-1 zone;
b. No lot shall have a depth that exceeds 2 1/2 times the width per
Ordinance No. 460;
c. The street right-of-way adjacent to the park shall be 66 feet wide;
d. Change the configuration of Lot 39 to eliminate the "dog leg" and
add this area to the park; and
e. Increase the size of the Paseo, Lots D, E, & F, from 15 to 30 feet
in width.
Conceptual landscaping, park and wall and fence plans have also been
included in the application for approval.
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
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and attorney’s fees, arising out of either the City’s approval of the Project or
actions related to the Property or the acts, omissions, or operations of the
applicant/developer and its directors, officers, members, partners, employees,
agents, contractors, and subcontractors of each person or entity comprising the
applicant/developer with respect to the ownership, planning, design,
construction, and maintenance of the Project and the Property for which the
Project is being approved. In addition to the above, within 15 days of this
approval, the developer/applicant shall enter into an indemnification agreement
with the City. The indemnification agreement shall be substantially the same
as the form agreement currently on file with the City.
4. Ninety (90) Days to Protest. The land divider has ninety (90) days from the
date of approval of these conditions to protest, in accordance with the
procedures set forth in Government Code Section 66020, the imposition of any
and all fees, dedications, reservations and/or other exactions imposed on this
project as a result of the approval or conditional approval of this project.
5. Newly Incorporated City. The City of Menifee is a new City incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. In
the future the City of Menifee will identify and put in place various processing
fees to cover the reasonable cost of the services provided. The City also will
identify and fund mitigation measure under CEQA through development impact
fees. The developer understands and agrees to pay such fees.
Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services, and
development impact fees to mitigate the impact of the development proposed
on public improvements. To the extent that Menifee may develop future
financing districts to cover the costs of maintenance of improvements
constructed by development, Developer agrees to petition for formation of,
annexation to or inclusion in any such financing district and to pay the cost of
such formation, annexation or inclusion.
6. Mitigation Monitoring Plan. The developer shall comply with the mitigation
monitoring plan (attached).
7. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the Riverside County Board of Supervisor’s original
approval date, unless extended as provided by Ordinance No. 460 or
Subdivision Map Act. Action on a minor change and/or revised map request
shall not extend the time limits of the originally approved TENTATIVE MAP.
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Section II:
Community Development
Department
Conditions of Approval
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General Conditions
8. Map Act Compliance. This land division shall comply with the State of
California Subdivision Map Act and to all requirements of Ordinance No. 460,
Schedule A, unless modified by the conditions listed herein.
9. No Offsite Subdivision Signage. No offsite subdivision signs advertising this
land division/development are permitted, other than those allowed under
Ordinance No. 679.4. Violation of this condition of approval may result in no
further permits of any type being issued for this subdivision until the
unpermitted signage is removed.
10. Design Standards. The design standards for the subject parcel[s] are as
follows:
a. Lots created by this map shall conform to the design standards of the R-1
zone.
b. The front yard setback is 20 feet.
c. The side yard setback is 5 feet.
d. The street side yard setback is 10 feet.
e. The rear yard setback is 10 feet, except where a rear yard abuts a street,
then the setback shall be the same as the front yard setback, in accordance
with Section 21.77 of Ordinance No. 348.
f. The minimum average width of each lot is 60 feet.
g. The maximum height of any building is 40 feet.
h. The minimum parcel size is 7,200 square feet.
i. No more than 50% of the lot shall be covered by structure.
j. Residential driveway approaches shall comply with Ordinance No. 461,
Standard No. 207. Such 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.
EXCEPT AS ALLOWED BY ORDINANCE NO. 348, THERE SHALL BE NO
ENCROACHMENT INTO THE SETBACK.
11. Design Guidelines. The land divider shall comply with the Countywide Design
Standards and Guidelines.
12. Waste Management Comments.
In their letter dated 05/13/02, Riverside County Waste Management
Department commented on the proposed development application as follows:
1. This development has the potential to impact landfill capacity by generating
solid waste during construction and upon occupancy. The project proponent is
encouraged to implement the following measures to help reduce the project's
potential solid waste impacts and to enhance efforts to divert solid waste from
landfill disposal:
a. Green waste generated by the project should be kept separate from
other waste types and either composted onsite or directed to local wood
grinding and/or composting operations.
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b. The use of mulch and/or compost in the development and maintenance
of landscape areas is recommended.
c. Construction and demolition waste should be reduced and/or diverted
from landfill disposal by the use of onsite grinders or by directing the
materials to recycling facilities.
2. Hazardous materials, such as paints and sealants used during construction,
shall not be accepted at Riverside County landfills, but they shall be disposed
at a licensed facility in accordance with local, state and federal regulations.
13. Minor Plot Plans Required. For each of the below listed items, a minor plot
plan application shall be submitted and approved by the Community
Development Department pursuant to Section 18.30.a. (1) of County Ordinance
No. 348 (Plot Plans not subject to the California Environmental Quality Act and
not subject to review by any governmental agency other than the Community
Development Department) along with the current fee.
1) Final Site Development Plan for each phase of development.
2) Model Home Complex Plan shall be filed and approved for each phase if
models change between phases. A final site of development plot plan
must be approved prior to approval, or concurrent with a Model Home
Complex Plan.
3) Landscaping Plan for typical front yard/slopes/open space/parks. These
three plans may be applied for separately for the whole tract or for
phases.
4) Landscaping plans fully within the road right-of-way shall be submitted to
the Engineering Department only.
5) Each phase shall have a separate wall and fencing plan.
6) Entry monument plan.
NOTE: The requirements of the above plot plans may be accomplished as one,
or, any combination of multiple plot plans required by these conditions of
approval. However, each requirement shall be cleared individually with the
applicable plot plan condition of approval in the prior to Building Permit
issuance conditions.
14. Construction Hours. Any construction within the city located within one-fourth
mile from an occupied residence shall be permitted Monday through Saturday,
except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no
construction permitted on Sunday or nationally recognized holidays unless
approval is obtained from the City Building Official or City Engineer.
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15. Park Annexation. All parklands must be annexed into a Communities
Facilities District or other acceptable mechanism as determined by the City of
Menifee.
16. 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.
17. Paseo/Park Improvement Notification. Adequate notification shall be
provided to any home builder or any other buyer of individual phases of the
TENTATIVE MAP that certain paseo and/or parks are required to be
constructed or improved with the construction of each phase per the conditions
of this project.
18. Lighting Hooded/Directed. Any outside lighting shall be hooded and directed
so as not to shine directly upon adjoining property or public rights-of-way.
19. Bio Comments. PDB# 3248 - HABITAT ASSESSMENT FOR BURROWING
OWL CONDUCTED 10/1 & 3/04; PREPARED BY BIOLOGIST THOMAS
LESLIE 10/7/04; RECEIVED 10/13/04. 63.48 ACRES OF MOSTLY ACTIVE
AND FALLOW FIELD CROPLANDS IN MENIFEE. 10.6 ACRES OF
RIVERSIDEAN SAGE SCRUB ARE TO BE PRESERVED AS IS BUT
GRADING SHOULD OCCUR OUT OF NESTING SEASON DUE TO
GNATCATCHER POTENTIAL HABITAT. NO NATURAL WATERS ARE
PRESENT ON THE SITE. GROUND SQUIRREL BURROWS ARE PRESENT
WHICH PROVIDED POTENTIAL HABITAT FOR BURROWING OWLS AND A
SOLITARY BURROWING OWL WAS OBSERVED SO A 30 DAY
PRECONSTRUCTION SURVEY IS NECESSARY.
20. Off Highway Vehicle Use. No off highway vehicle use shall be allowed on any
parcel or open space area located within the boundaries of this land division
map.
21. Length/Width Ratio Exception. As part of its approval of TR29777, the
Planning Commission granted an exception to the length to width requirement
of Ordinance No. 460 on Lot No. 24 and 25 due to the effect on lot dimensions
of its requirement to provide curvilinear street design.
22. Comply with Geotechnical Report. The following reports were prepared by
SID Geotechnical, Inc, for this project (TR29777):
1."Preliminary Soil Investigation Report, Hospital Parcel, 50+/- Acres, (171
Lots), Southeast Corner of McLaughlin and Dawson Road, Menifee Area/Perris
Area, Riverside County, California", October 22, 1999.
2."Grading Plan Review for Tentative Tract 29777 Subsequent to Material
Export, (HOSPITAL PARCEL), Northeast of Rouse and Dawson Road,
Riverside County, California", dated July 29, 2003.
These report concluded:
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1) The site is underlain by dense granitic rock at shallow depths (as shallow
as one to seven feet). Rippability testing concluded the granitic material will
require heavy ripping. Areas of hard rock requiring blasting cannot be
precluded and may be encountered in the upper five feet.
2) Onsite disposal of oversize material (larger than 12 inches) should not be
permitted since no deep fills are proposed.
3) Potential for seismic induced settlement of underlying sandier soils cannot
be entirely precluded.
4) The potential for liquefaction onsite is considered unlikely due to the
groundwater table believed to be deeper than 50 feet.
5) Cut slopes and fill slopes designed at inclination of 2:1 (horizontal to
vertical) or flatter should be grossly stable to the anticipated height s of 30
feet.
6) Cut slopes and fill slopes should be built to an inclination of 2:1 or flatter.
These reports recommended:
1) All cut slope construction activities should be monitored by a qualified
engineering geologist.
2) Over excavation removals should extend to the underlying bedrock or
native soils exhibiting better than 85 percent relative compaction.
These reports satisfy the requirement for a geotechnical report in accordance
with the General Plan. Final Planning Department approval of these reports, for
planning purposes, is hereby granted. Additional comments and or conditions
may be imposed by the Building and Safety Department upon application for
grading permits.
FEES
23. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research
fee), or other such review fee as may be in effect at the time of submittal, as
required by Resolution No. 13-320 (Cost of Services Fee Study), or any
successor thereto. Each submittal shall be accompanied with a letter clearly
indicating which condition or conditions the submittal is intended to comply
with.
ARCHEOLOGY/PALEONTOLOGY
24. 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.
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Further, pursuant to Public Resource Code Section 5097.98(b) remains shall
be left in place and free from disturbance until a final decision as to the
treatment and disposition has been made. If the Riverside County Coroner
determines the remains to be Native American, the Native American Heritage
Commission shall be contacted within the period specified by law (24 hours).
Subsequently, the Native American Heritage Commission shall identify the
"most likely descendant." The most likely descendant shall then make
recommendations and engage in consultation concerning the treatment of the
remains as provided in Public Resources Code Section 5097.98. Human
remains from other ethnic/cultural groups with recognized historical
associations to the project area shall also be subject to consultation between
appropriate representatives from that group and the Property Owner.
25. Inadvertent Archeological Find.
If during ground disturbance activities, unique cultural resources are
discovered that were not assessed by the archaeological report(s) and/or
environmental assessment conducted prior to project approval, the following
procedures shall be followed. Unique cultural resources are defined, for this
condition only, as being multiple artifacts in close association with each other,
but may include fewer artifacts if the area of the find is determined to be of
significance due to its sacred or cultural importance as determined in
consultation with the Native American Tribe(s).
i. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
developer, the archaeologist, the tribal representative(s) and the
Community Development Director to discuss the significance of the find.
ii. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
iii. Grading of further ground disturbance shall not resume within the area of
the discovery until an agreement has been reached by all parties as to
the appropriate mitigation.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Treatment and Monitoring
Agreements entered into with the appropriate tribes. This may include
avoidance of the cultural resources through project design, in-place
preservation of cultural resources located in native soils and/or re-burial
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
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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.”
26. 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
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.
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LANDSCAPING
27. 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.
28. Trail Maintenance. The land divider, or any successor-in-interest to the land
divider, shall be responsible for maintenance and upkeep of any trail easement
required under these conditions until such time as the maintenance is taken
over by a Communities Facilities District or any other appropriate maintenance
district.
29. 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).
30. 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.
31. Landscape Maintenance. The land divider, or any successor-in-interest to the
land divider, shall be responsible for maintenance and upkeep of all slopes,
landscaped areas and irrigation systems within the land division until such time
as those operations are the responsibility of a property owner’s association, or
any other successor-in-interest.
Prior to Phasing
32. Preliminary Phase Grading. Prior to the approval of an application for a
division into units or phasing plan for the TENTATIVE MAP, a conceptual
grading plan covering the entire TENTATIVE MAP shall be submitted to the
City of Menifee Community Development Department for review and approval.
The preliminary grading plan shall comply with the following:
1) Techniques which will be used to prevent erosion and sedimentation
during and after grading process shall be depicted and documented.
2) Approximate time frames for grading and areas which may be graded
during the higher probability rain months of January through March shall
be identified.
3) Preliminary pad and roadway elevations shall be depicted.
4) Areas where temporary grading occurs on any phase other than the one
being graded for development at a particular time shall be identified.
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The approved preliminary grading plan shall be provided to the Building and
Safety – Plan Check Division and shall be used as a guideline for subsequent
detailed grading plans for individual units or phases of the TENTATIVE MAP.
33. Lot Access/Unit Plans. Any division into units or phasing of the TENTATIVE
MAP shall provide for adequate vehicular access to all lots in each unit or
phase, and shall substantially conform to the intent and purpose of the land
division approval. No approval for any number of units or phases is given by
this TENTATIVE MAP and its conditions of approval, except as provided by
Section 8.3 (Division into Units) of Ordinance No. 460.
Prior to Final Map
34. Final Map Required. After the approval of the TENTATIVE MAP and prior to
the expiration of said map, the land divider shall cause the real property
included within the TENTATIVE MAP, or any part thereof, to be surveyed and a
FINAL MAP thereof prepared in accordance with the current Engineering
Department - Survey Division requirements, the conditionally approved
TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460.
35. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land
surveyor or registered civil engineer.
36. Surveyor Checklist. The City Engineering Department - Survey Division shall
review any FINAL MAP and ensure compliance with the following:
A. All lots on the FINAL MAP shall be in substantial conformance with the
approved TENTATIVE MAP relative to size and configuration.
B. All lots on the FINAL MAP shall comply with the minimum lot size of
7,200 sq. ft.
C. All lot sizes and dimensions on the FINAL MAP shall be in conformance
with the development standards of the R-1 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 (except
Lots 24 and 25 of Phase I).
E. All knuckle or cul-de-sac lots shall have a minimum of thirty-five (35)
feet of frontage measured at the front lot line.
F. The common open space areas shall be shown as a numbered lot on
the FINAL MAP.
37. Annexation into Park District. The land divider shall submit written proof to
the Community Development Department that the subject property has been
annexed to Communities Facilities District or other entity acceptable to the
Community Development Director.
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38. ECS. The land divider shall prepare an Environmental Constraints Sheet
(ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which
shall be submitted as part of the plan check review of the FINAL MAP. A note
shall be placed on the FINAL MAP “Environmental Constraint Sheet affecting
this map is on file at the City of Menifee Public Works and Engineering
Department, in E.C.S Book ___, Page ___.
39. ECS Note on Dark Sky Lighting. The following Environmental Constraints
Note shall be placed on the ECS:
"This property is subject to lighting restrictions as required by Menifee
Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended
to reduce the effects of night lighting on the Mount Palomar Observatory.
All proposed outdoor lighting systems shall be in conformance with
Menifee Municipal Code Chapter 6.”
40. ECS Note Archeological. The following Environmental Constraints Note shall
be placed on the ECS:
"County Archaeological Report no. PD-A-3196 was prepared for this
property in March 2002 by Brian F. Smith and is on file at the County of
Riverside Planning Department. The property is subject to surface
alteration restrictions based on the results of the report."
41. ECS Note Biological. The following Environmental Constraints Note shall be
placed on the ECS:
"County Biological Report No. PD-B-2130 was prepared for this property
in September 2002 by Campbell Bioconsulting and is on file at the County
of Riverside Planning Department. The project site should be checked for
resident burrowing owls no sooner than 30 days prior to grading."
42. Common Area Maintenance. Any common areas identified in the
TENTATIVE MAP shall be owned and maintained as follows:
a. A permanent master maintenance organization shall be established for
the tentative tract map area, to assume ownership and maintenance
responsibility for all common recreation, open space, circulation systems
and landscaped areas. The organization may be public (anticipated to
be CFD) or private (e.g., homeowners’ association). Merger with an
area-wide or regional organization shall satisfy this condition provided
that such organization is legally and financially capable of assuming the
responsibilities for ownership and maintenance. If the organization is a
private association, then neighborhood associations shall be established
for each residential development, where required, and such associations
may assume ownership and maintenance responsibility for
neighborhood common areas.
b. Unless otherwise provided for in these conditions of approval, common
open areas shall be conveyed to the maintenance organization as
implementing development is approved or any subdivision, as recorded.
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c. The maintenance organization shall be established prior to or concurrent
with the recordation of the first land division.
43. Natural Open Space Lot. A note shall be added to the map that states Lot A
shall be retained by the HOA and remain natural open space, with the
exception of necessary drainage infrastructure.
44. Conditions, Covenants and Restrictions (Drainage). The land divider shall
submit to the City Attorney (via the Community Development Department) for
review and approval the following documents:
1. A cover letter identifying the project for which approval is sought referencing
the Community Development Department case number;
2. A signed and notarized declaration of covenants, conditions and restrictions,
which includes, but is not necessarily limited to, a legal description of the
boundaries of the drainage area and a scaled map or diagram of such
boundaries, both signed and stamped by a California registered civil engineer
or licensed land surveyor;
3. A sample document conveying title to the purchaser of an individual lot or
unit which provides that the covenants, conditions and restrictions are
incorporated therein by reference; and,
4. 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 covenant, conditions and restrictions submitted for review
shall (a) provide for a minimum term of 60 years, (b) contain provisions
facilitating the proper operation and maintenance of a twenty (20) foot wide
drainage area across the front yards of lots within this land division and
prohibiting actions which defeat the purpose of the drainage areas, such as,
but not necessarily limited to, the placement of walls or fencing in such a way
as to impede the designed storm water flows, or grading or landscaping which
prevents the proper functioning of these improvements, (c) requiring a
minimum twenty (20) foot front yard area setback measured from the street
right-of-way, and (d) contain the following provision verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the following
provisions shall apply:
Each owner of an individual lot shall continuously maintain the lot and the
drainage area within the lot in such a manner so as to allow for the retention
and disposition of storm water flows.
This Declaration shall not be terminated, 'substantially' amended, or property
deannexed therefrom absent the prior written consent of the Community
Development Director. A proposed amendment shall be considered
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'substantial' if it affects the extent, usage or maintenance of the drainage are as
established pursuant to this Declaration."
Once approved by the City Attorney, the original declaration shall be forwarded
to the Community Development Department. The Community Development
Department shall forward the original declaration to be recorded concurrently
with the recordation of the final map.
If the Engineering and Public Works Director determines that the proposed site
drainage for both Phase I and Phase II development has sufficiently proven
that the above mentioned requirement is no longer necessary, the requirement
for the CC&Rs to address drainage in the front yards may be waived.
45. Conditions, Covenants and Restrictions (Public Common Areas). If the
permanent master maintenance organization referenced in the condition
entitled "Common Area Maintenance" is a public organization, the applicant
shall convey to the public organization (anticipated to be CFD 2012-1) fee
simple title, to all common open space areas, free and clear of all liens, taxes,
assessments, leases (recorded or unrecorded) and easement, except those
easements which in the sole discretion of the public organization are
acceptable. The common areas anticipated to be owned and maintained by a
public organization include, but are not limited to parks, paseos, and expanded
parkway landscaping.
As a condition precedent to the public organization accepting title to such
areas, the applicant shall submit the following documents to the City of Menifee
Community Development Department for review along with the current fee,
which shall be subject to the approval of that department and the City Attorney:
1. A signed and notarized declaration of covenants, conditions and
restrictions; and,
2. A sample document, conveying title to the purchaser, of an individual lot
or unit which provides that the declaration of covenants, conditions and
restrictions is incorporated therein by reference; and,
3. A deposit equaling three (3) hours of the current hourly fee for Review of
Covenants, Conditions and Restrictions established pursuant to the City’s
fee schedule at the time the above referenced documents are submitted
to the Community Development Department for review by the City
Attorney.
The declaration of covenants, conditions and restrictions submitted for review
shall a) provide for a minimum term of sixty (60) years, b) provide for the
establishment of a property owners' association comprised of the owners of
each individual lot or unit as tenants in common, and c) contain the following
provisions verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the
following provisions shall apply:
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The property owners' association established herein shall, if dormant, be
activated, by incorporation or otherwise, at the request of the City, and
the property owners' association shall unconditionally accept from the City
of Menifee, upon the City’s demand, title to all or any part of the 'common
area', more particularly described on Exhibit 'A' attached hereto. The
decision to require activation of the property owners' association and the
decision to require that the association unconditionally accept title to the
'common area' shall be at the sole discretion of the City
In the event that the 'common area', or any part thereof, is conveyed to
the property owners' association, the association, thereafter, shall own
such 'common area', shall manage and continuously maintain such
'common area', and shall not sell or transfer such 'common area' or any
part thereof, absent the prior written consent of the Community
Development Director of the City or the City's successor-in-interest. The
property owners' association shall have the right to assess the owners of
each individual lot or unit for the reasonable cost of maintaining such
'common area', and shall have the right to lien the property of any such
owner who defaults in the payment of a maintenance assessment. An
assessment lien, once created, shall be prior to all other liens recorded
subsequent to the notice of assessment or other document creating the
assessment lien.
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.
46. Conditions, Covenants and Restrictions (Private Common Areas). The
common areas anticipated to be owned and maintained by a private
organization include, but are not limited to parks, expanded parkway
landscaping and slope areas. The land divider shall submit to the City Attorney
(via the Community Development Department) for review and approval the
following documents:
(a) A cover letter identifying the project for which approval is sought
referencing the Planning Division case number(s) and identifying one
individual to represent the land divider if there are any questions
concerning the review of the submitted documents;
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(b) One copy and one original, wet signed, notarized and ready for
recordation declaration of covenants, conditions, and restrictions
(CC&Rs). Attached to these documents there shall be included a legal
description of the property included within the CC&Rs and a scaled map
or diagram of such boundaries, both signed and stamped by a California
registered civil engineer or licensed land surveyor.
(c) The declaration of CC&Rs submitted for review shall cover all map
phases, as follows:
(i) Provide for a minimum term of sixty (60) years;
(ii) Provide for the establishment of a property owner's association
comprised of the owners of each individual lot or unit; and
(iii) Provide for the ownership of the common area by either the
property owner's association or a permanent public master
maintenance organization.
(d) The declaration of CC&Rs shall contain the following provisions verbatim:
(i) ”Notwithstanding any provision in this Declaration to the contrary,
the following provisions shall apply:
- The property owners' association established herein shall
manage the 'common areas', more particularly described on
the subdivision map, attached hereto, and shall not sell or
transfer the 'common areas' or any part thereof, absent the
prior written consent of the Community Development
Department of the City of Menifee.
- The property owners' association shall have the right to assess
the owners of each individual lot or unit for the reasonable cost
of managing such 'common area', and shall have the right to
lien the property of any such owner who defaults in the
payment of a management assessment. The property owners'
association established herein shall regulate individual private
lot development standards.
- The owners of each individual lot shall be responsible for
maintaining all landscaping between the curb of the street and
the proposed sidewalk and side yard landscaping between the
curb of the street and proposed fencing, unless the
landscaping is located within a separate common lot.
- An assessment lien, once created, shall be prior to all other
liens recorded subsequent to the notice of assessment or
other document creating the assessment lien.
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- This Declaration shall not be terminated, 'substantially'
amended, or property de-annexed there from absent the prior
written consent of the Community Development Director of the
City of Menifee.”
(ii) A proposed amendment shall be considered 'substantial' if it
affects the extent, usage, or maintenance of the 'common area'
established pursuant to the Declaration.”
(iii) “In the event of any conflict between this Declaration and the
Articles of Incorporation, the Bylaws, or the property owners'
association Rules and Regulations, if any, this Declaration shall
control."
(iv) "The management and maintenance of the project site in
accordance with the Storm Water Pollution Prevention Plans
(SWPPPs), Monitoring Programs, and Post Construction
Management Plans to include the following best management
practices (BMPs) to reduce storm water pollution: Initial residents,
occupants, or tenants of this site shall receive educational
materials on good housekeeping practices which contribute to the
protection of storm water quality. These educational materials
shall be provided by the Riverside County Flood Control and
Water Conservation District and shall be distributed by the
properties owners' association. These materials shall address
good housekeeping practices associated with residential
developments, such as:
- Where improper disposal of trash has occurred, the property
owners' association shall take corrective action within forty-
eight hours of discovery (BMP N5).
- The street(s) and parking lot(s), more particularly described on
the subdivision map, shall be swept by the property owners'
association at least once a year and shall be swept no later
than October 15th of each year (BMP N6).
(e) Once approved, the copy and the original declaration of CC&Rs shall be
forwarded by the City Attorney and the Community Development
Department. The Community Development Department will retain the one
copy for the case file, and forward the wet signed and notarized original
declaration of covenants, conditions and restrictions to the City Engineer
for safe keeping until the final map is ready for recordation. The City
Engineer shall record the original declaration of CC&Rs in conjunction
with the recordation of the final map.
(f) A sample document conveying title to the purchaser of an individual lot or
unit which provides that the declaration of CC&Rs is incorporated therein
by reference; and
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(g) A deposit equaling three hours of the current hourly fee for the review of
the CC&Rs established pursuant to the City’s fee schedule at the time the
above referenced documents are submitted to the City Attorney for review
and approval.
FEES
47. Fees. Prior to recordation, the Community Development Department shall
determine if the deposit based fees for the TENTATIVE MAP are in a negative
balance. If so, any unpaid fees shall be paid by the developer/owner and/or the
developer/owner's successor-in-interest.
Prior to Issuance of Grading Permits
48. Grading Plan Review. The Community Development Department shall review
the grading plan for consistency with the approved tentative map and the
conditions of approval for the tentative map.
49. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this tract map which must be
satisfied prior to the issuance of a grading permit for review and approval. The
Community Development Director may require inspection or other monitoring to
ensure such compliance.
50. Slope Grading Techniques. The land divider/permit holder shall cause
grading plans to be prepared which show all cut slopes located adjacent to
ungraded natural terrain and exceed ten (10) feet in vertical height to be
contour-graded incorporating the following grading techniques:
1. The angle of the graded slope shall be gradually adjusted to the angle of the
natural terrain.
2. Angular forms shall be discouraged. The graded form shall reflect the natural
rounded terrain.
3. The toes and tops of slopes shall be rounded with curves with radii designed
in proportion to the total height of the slopes where drainage and stability
permit such rounding.
4. Where cut and/or fill slopes exceed 300 feet in horizontal length, the
horizontal contours of the slope shall be curved in a continuous, undulating
fashion.
51. Stephens’ Kangaroo Rat (SKR) Fees. SKR Fees have been previously paid
to the County of Riverside per receipt number MT054684. No additional fees
are required for this project.
52. Fees. Prior to issuance of grading permits, the Community Development
Department shall determine if the deposit based fees are in a negative balance.
If so, any outstanding fees shall be paid by the applicant/developer.
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53. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management
District (SCAQMD) Rule 403. The 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 sweepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a ten (10) percent
surface soil moisture content throughout all earth moving activities. All
unpaved demolition and construction areas shall be wetted at least twice
daily during excavation and construction, and temporary dust covers shall be
used to reduce dust emissions and meet SCAQMD District Rule 403.
Wetting could reduce fugitive dust by as much as fifty percent (50%).
b. Water active grading/excavation sites and unpaved surfaces at least three
(3) times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two (2) hours of active operations;
d. Site access points must be swept/washed within thirty (30) minutes of
visible dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or 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 whe n
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;
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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.
ARCHEOLOGY
54. Archaeologist Retained. Prior to the issuance of grading permits, a qualified
archaeologist shall be retained by the land divider for consultation and
comment on the proposed grading with respect to potential impacts to sub-
surface cultural resources. Planning Department Archaeological Report No.
3196 (PD-A # 3196) determined that impacts to the historic component of "Site
Temp 3" requires mitigation either through preservation of the historic deposit
or if preservation is not feasible within the development plan, a data recovery
program may be implemented to recover a sufficient sample of historic artifacts
to exhaust the research potential of the deposit. If preservation is not feasible
and data recovery program is required, the archaeologist shall prepare a data
recovery program report to be submitted to the Planning Department.
In addition to preservation or data recovery of "Site Temp 3," a pre-grade
meeting shall take place between the archaeologist, the excavation and
grading contractor and if after consultation with the appropriate Native
American tribe, a Native American observer if required. During grading
operations, when deemed necessary in the professional opinion of the retained
archaeologist (and/or as determined by the Community Development Director),
the archaeologist, the archaeologist's on-site representative(s) and the Native
American Observer shall actively monitor all project related grading and
construction and shall have the authority to temporarily divert, redirect, or halt
grading activity to allow recovery of cultural remains. Prior to the issuance of
grading permits, the NAME, ADDRESS and TELEPHONE NUMBER of the
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retained archaeologist shall be submitted to the Planning Department and the
B&S Grading Division. If the retained archaeologist, after consultation with the
appropriate Native American tribe, finds no potential for impacts to sub-surface
cultural resources after preservation or recovery of "Site Temp 3," a letter shall
be sent to the Planning Department certifying this finding by the retained
qualified archaeologist.
NOTE: As of July 2015, the data recovery of Site Temp 3 has been completed.
Reports in file. Archeological monitoring may still be required in some areas
not previously disturbed or if depth of grading exceeds what was previously
graded. See Cultural Resources Monitoring Report dated July 2015 in file.
55. Tribal Monitoring. This Project is subject to a Cultural Resources Treatment
and Monitoring Agreement, dated December 2014 (the “Agreement”). The
Agreement formalizes procedures for the treatment of Native American human
remains, grave goods, ceremonial items and cultural items in the event that any
are found in conjunction with the development of the Project. The
developer/permit holder shall comply with the terms and requirements of the
Agreement in all development on the Project site.
Prior to Issuance of Building Permit
56. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this tract map which must be
satisfied prior to the issuance of a Building Permit. The Community
Development Director may require inspection or other monitoring to ensure
such compliance.
57. Building Plans Required. The developer shall cause building plans to be
submitted to the Building and Safety Department for review and approval by
the Department of Building and Safety - Plan Check Division. Said plans shall
be in conformance with the City and/or County-wide Design Guidelines.
58. 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.
59. Utilities Underground. All utility extensions within a lot shall be placed
underground.
60. Building Separation. Building separation between all buildings shall not be
less than ten (10) feet. Additional encroachments are only allowed as permitted
by the Specific Plan and/or County Ordinance No. 348.
61. Parking. Parking spaces are required in accordance with Ordinance No. 348.
All parking areas and driveways shall be surfaced to current standards as
approved by the City of Menifee Engineering Department.
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62. Conform to Final Site of Development Plan. The building plans shall be
consistent with the approved elevations of the final site of development plans.
The building plans shall be reviewed for consistency with the final site of
development plans prior to Building Permit issuance.
63. Acoustical Study. The land divider/permit holder shall cause an acoustical
study to be performed by an acoustical engineer to establish appropriate
mitigation measures that shall be applied to individual dwelling units within the
subdivision to reduce the first and second story ambient interior and exterior
levels to 45 Ldn and 65 Ldn, respectively. 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
recommendations/requirements, if any, shall be forwarded from the
Environmental Health Department to the City of Menifee Building and Safety
Department and the Community Development Department for implementation
into the final building plans.
The Project applicant shall pay review fees to the Department of Public Health
for all time spent to review the Project.
MINOR PLANS REQUIRED
64. Park Plans. Prior to building permit issuance, the applicant shall submit final
park plans to the City of Menifee Engineering and Public Works Department for
review and approval. The plan shall be prepared consistent with the park plan
requirements detailed in Menifee Municipal Code Chapter 9.86 and Park
Design Guidelines, and with Menifee Municipal Code Chapter 15.04 for water
efficient landscaping, in addition to the conceptual park plans (APPROVED
EXHIBIT L).
The Planning Commission recommended that the final plans incorporate the
following additional items if feasible (as determined by the Director of
Community Services):
a. Provide additional trees on the west side of the tot to provide additional
shade;
b. Work with staff to eliminate some of the berms where elimination of the
berm will create more flat useable space; and,
c. Provide a backstop for t-ball within the park.
This condition was modified by the Planning Commission.
65. Landscaping Plans. The land divider/permit holder shall file five (5) sets of a
Landscaping and Irrigation Plan to the Community Development Department
for review and approval. Said plan shall be submitted to the Department in the
form of a plot plan application pursuant to Ordinance No. 348, Section
18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act
and not subject to review by any governmental agency other than the
Community Development Department), along with the current fee. The plan
shall be in compliance with City Requirements, Menifee Municipal Code
Chapter 15.04 and Chapter 9.86, Ordinance 348 Section 18.12, Sections
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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, slope
planting, common area, paseos (Lot D, E and F), Lot G, easement area
between Lot 120 and 121, and the Park Site (Lot B) and individual front yard
landscaping. Emphasis shall be placed on using plant species that are drought
tolerant and low water using.
The plans shall provide for the following:
1) Permanent automatic irrigation systems shall be installed on all
landscaped areas requiring irrigation. Low water use systems are
encouraged.
2) All utility service areas and enclosures shall be screened from view with
landscaping and decorative barriers or baffle treatments, as approved by
the Community Development Department. Utilities shall be placed
underground.
3) Any required landscape screening shall be designed to be opaque up to a
minimum height of six (6) feet at maturity.
4) Parkways and landscaped building setbacks shall be landscaped to
provide visual screening or a transition into the primary use area of the
site. Landscape elements shall include earth berming, ground cover,
shrubs, and specimen trees in conjunction with meandering sidewalks,
benches, and other pedestrian amenities where appropriate as approved
by the Community Development Department.
5) Landscaping plans shall incorporate the use of specimen accent trees at
key visual focal points within the project.
6) Landscaping plans shall incorporate native and drought tolerant plants
where appropriate.
7) Turf shall be eliminated in areas unless provided for active uses.
8) All basins for drainage and/or water quality shall be screened from view
with landscaping.
9) 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.
10) All trees shall be minimum double-staked. Weaker and/or slow-growing
trees shall be steel-staked.
11) Multi-programmable irrigation controllers which have enough programs to
break up all irrigation stations into hydro zones shall be used. If practical
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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.
12) Plants with similar water requirements shall be grouped together in order
to reduce excessive irrigation runoff and promote surface filtr ation, where
possible.
The landscaping and irrigation plans for the paseos and park shall be
consistent with APPROVED EXHIBIT L.
Note on Conceptual Plans
The conceptual landscaping plans show general locations for shrubs,
groundcover and trees, but does not specify the size and each specific type of
plant for all locations. Therefore, the Community Development Department
may require the addition of plants, change the space of plants, change the type
of plants, or change the size of plants on the working drawing.
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.
This condition was modified by the Planning Commission (Lot G is not required
to be landscaped).
66. Entry Monument Plans. The land divider/permit holder shall file three (3) sets
of an Entry Monument plot plan to the Community Development Department for
review and approval. Said plan shall be submitted to the Department in the
form of a plot plan application pursuant to Ordinance No. 348, Section
18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act
and not subject to review by any governmental agency other than the
Community Development Department), along with the current fee. The plan
shall be in compliance with Section 18.12, and the TENTATIVE MAP
conditions of approval.
The plot plan shall contain the following elements:
1) A color rendering of a frontal view of all/the entry monument(s) with
landscaping.
2) A plot plan of the entry monuments with landscaping drawn to an
engineer's scale. If lighting is planned, the location of lights, their intended
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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.
Entry monuments should be located at the corner of Dawson and Rouse Road
and at Street “B” and Antelope Road or as approved by the Community
Development Director.
67. Model Home Complex. A plot plan application shall be submitted to the
Community Development Department pursuant to Section 18.30.a.(1) of
Ordinance No. 348 (Plot Plans not subject to the California Environmental
Quality Act and not subject to review by any governmental agency other than
the Community Development Department), along with the current fee.
The Model Home Complex plot plan shall contain the following elements:
1) An engineer's scaled plan showing the model home lots, lot numbers,
tract number, and north arrow.
2) Show front, side and rear yard setbacks.
3) Provide two dimensioned off street parking spaces per model and one
parking space for office use. The plan must have one accessible parking
space.
4) Show detailed fencing plan including height and location.
5) Show typical model tour sign locations and elevation.
6) Three (3) sets of photographic or color laser prints (8" X 10") of the
sample board and colored elevations shall be submitted for permanent
filing and agency distribution after the Community Development
Department has reviewed and approved the sample board and colored
elevations in accordance with the approved Design Manual and other
applicable standards. All writing must be legible. Three (3) matrix sheets
showing structure colors and texture schemes shall be submitted.
7) Provide a Model Home Complex landscape and irrigation plan.
NOTES: The Model Home Complex plot plan shall not be approved without
Final Site Development Plan approval, or concurrent approval of both. See the
Community Development Department Model Home Complex application for
detailed requirements.
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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 f or removal of the
complex.
The model home complex plan shall be approved prior to issuance of a
Building Permit.
68. Final Site of Development Plan. A plot plan application shall be submitted to
the Community Development Department pursuant to Section 18.30.a.(1) of
Ordinance No. 348 (Plot Plans not subject to the California Environmental
Quality Act and not subject to review by any governmental agency other than
the Community Development Department), along with the current fee.
Subdivision development shall conform to the approved plot plan and shall
conform to the Countywide Design Guidelines.
The plot plan shall be approved by the Community Development Director prior
to issuance of Building Permits for lots included within that plot plan.
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) The number of floor plans for each Area shall be in accordance with the
Design Guidelines. For development projects that are to be constructed in
phases, a phasing plan shall be submitted to assure that the
requirements for the number of floor plans is being met.
5) Homes and garages shall be placed at varying distances from the street
and have varying entry locations.
6) The colors and materials on adjacent residential structures should be
varied to establish a separate identity for the dwellings. A variety of colors
and textures of building materials is encouraged, while maintaining overall
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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.
8) Additional retaining walls may be required to meet setbacks and other
development standards of the zone depending on the type of product
utilized.
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.
69. Wall and Fence Plan. The land divider/permit holder shall file three (3) sets of
a Wall/Fencing Plan to the Community Development Department for review
and approval. Said plan shall be submitted to the Department in the form of a
plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot
Plans not subject to the California Environmental Quality Act and not subject to
review by any governmental agency other than the Community Development
Department), along with the current fee. The plan shall be in compliance with
the Conceptual Wall and Fence Plan, the Countywide Design Guidelines and
the TENTATIVE MAP conditions of approval.
A. The plan shall show all project fencing including, but not limited to,
perimeter fencing, side and rear yard fencing, retaining walls and open
space or park fencing. A typical frontal view of all fences shall be shown
on the fencing plan.
B. All utility service areas and enclosures shall be screened from view with
landscaping or decorative barriers or baffle treatments, as approved by
the Community Development Department.
C. All wood fencing shall be treated with heavy oil stain to match the natural
shade to prevent bleaching from irrigation spray.
D. Front yard return walls shall be constructed of masonry slump stone or
material of similar appearance, maintenance, and structural durability)
and shall be a minimum of five feet in height.
E. Side yard gates are required on one side of the home and shall be
constructed of vinyl. Chain-link fencing is not permitted. All construction
must be of good quality and sufficient durability with an approved stain
and/or sealant to minimize water staining. (Applicants shall provide
specifications that shall be approved by the Community Development
Department).
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F. All lots having rear and/or side yards facing local streets or otherwise
open to public view shall have fences or walls c onstructed of decorative
block.
G. Corner lots shall be constructed with wrap-around decorative block wall
returns. (Note: exceptions for the desert area discussed above.)
H. Wrought iron or tubular steel fence sections may be included within tracts
where view opportunities and/or terrain warrant its use. Where privacy of
views is not an issue, tubular steel or wrought iron sections should be
constructed in perimeter walls in order to take advantage of casual view
opportunities.
I. The plan shall show the location of all retaining walls. Retaining walls
shall be constructed with decorative block and a masonry cap as shown
in the conceptual wall plans. Where retaining wall exceeds 3 feet in
height and extends the length of a property line, an opening/access area
at least 3 feet in width, shall be provided to ensure the slope above the
retaining wall can be accessed and maintained by the property owner.
Retaining wall heights should be reduced to the minimum heights
necessary. Terracing may be required for retaining walls exceeding 7’6”
within homeowner lots as determined by the Community Development
Director.
J. Wall construction and heights shall conform with applicable noise
mitigation.
K. The fencing in front of Lot G shall be tubular steel or wrought iron and a
decorative gate shall be provided. This item was added per the Planning
Commission.
ARCHEOLOGY
70. Cultural Resources Report. A report documenting the field and analysis
results, interpreting the artifact and research data within the research context
shall be completed and submitted to the satisfaction of the City of Menifee and
tribal monitor. The report will include Department of Parks and Recreation
Primary and Archaeological Site forms for any new resources identified. A final
copy will be provided to the Eastern Information Center, the City of Menifee,
the Developer, and the tribal monitor.
LANDSCAPING
71. Front Yard Landscaping. All front yards shall be provided with landscaping
and automatic irrigation as defined by County Ordinance No. 348. Landscaping
and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04,
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.
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72. 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, 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, including Lot D, E, F, G, and
Paseo between lots 120 and 121 of TR 29777.
73. Landscape Inspection Deposit. Prior to issuance of Building Permits, the
permit holder shall open a Landscape Deposit Based Fee case and deposit the
prevailing deposit amount to cover the pre-installation inspections, installation
inspections, Six Month Post Establishment and One Year Post Establishment
Landscape Inspections. The amount of hours for the Inspections will be
determined by the Community Development Department's Landscape
personnel prior to approval of the requisite Minor Plot Plan for Planting and
Irrigation.
FEES
74. Fees. Prior to issuance of Building Permits, the Community Development
Department shall determine if the deposit based fees for project are in a
negative balance. If so, any outstanding fees shall be paid by the permittee.
75. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
76. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
77. Quimby Fees. Payment of in-lieu fees. The proposed subdivision will fulfill
Quimby obligations through a combination of the payment of in-lieu fees and
dedication of land for onsite 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. In order to make the determination on the amount of the
Quimby fee, a park plan with enough detail to determine the useable park area
shall be provided.
Prior to Final Inspection
78. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this tract map which must be
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satisfied prior to the issuance of final occupancy. The Community Development
Director may require inspection or other monitoring to ensure such compliance.
79. Anti-Graffiti Coating. An anti-graffiti coating shall be provided on all block
walls, and written verification from the developer shall be provided to the
Community Development Department.
80. Fencing and Wall Compliance. Fencing shall be provided throughout the
subdivision in accordance with the approved final site development plans
and/or walls and fencing plan.
81. Entry Monuments. Prior to the first occupancy within the tract, entry
monuments (for each phase) shall be installed in accordance with the approved
entry monument plans.
82. 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.
83. Driveways. The land divider/permit holder shall cause all driveways to be
constructed of cement concrete.
84. Roll Up Garage Doors. All residences shall have automatic roll-up garage
doors.
85. 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.
86. Park Performance Security. Prior to the issuance of the first certificate of
occupancy within the subdivision, the developer shall provide a sufficient
surety, as determined by the Community Services Director, to guarantee that
the park improvements and amenities are completed and ready for public use.
LANDSCAPING
87. 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?”
88. 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
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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.
89. Landscape Installation. All required landscape planting and irrigation, shall
have been installed in accordance with approved Landscaping, Irrigation, and
Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any
amendments thereto), Eastern Municipal Water District requirements and the
Riverside County Guide to California Landscaping. All landscape and irrigation
components shall be in a condition acceptable to the Community Development
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.
90. Final Landscape Approval. The final landscape approval following
installation shall be subject to the review and approval of the City’s Landscape
Architectural Consultant and the Community Development Director. The
Community Development Director may require additional trees, shrubs and/or
groundcover as necessary, if site inspections reveal landscape deficiencies
that were not apparent during the plan review process.
FEES
91. 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.
92. 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.
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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.
93. 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.
94. Fees. Prior to issuance of occupancy/final inspections, the Community
Development Department shall determine if the deposit based fees for project
are in a negative balance. If so, any outstanding fees shall be paid by the
permittee.
Prior to Issuance of Given Building Permit or Occupancy
95. Paseo Construction/Landscape Installation Lot F. Prior to issuance of the
66th Building Permit in the tract or prior to occupancy of any of the following
Lots 77-78 and 87-88 within TR29777, whichever occurs first, the paseo,
including landscaping shall be installed within Lot F.
96. Paseo Construction/Landscape Installation Lot E. Prior to issuance of the
66th Building Permit in the tract or prior to occupancy of any of the following
Lots 54-55 and 72-73 within TR29777, whichever occurs first, the paseo,
including landscaping shall be installed within Lot E.
97. Paseo Construction/Landscape Installation Lot D. Prior to issuance of the
66th Building Permit in the tract or prior to occupancy of any of the following
Lots 38-39 and 49–50 within TR29777, whichever occurs first, the paseo,
including landscaping shall be installed within Lot D.
98. Landscape Installation Lot 120/121 Easement Area. Prior to issuance of
the 96th Building Permit in TR29777 or prior to occupancy of any of the
following Lots 118-123, whichever occurs first, landscaping and irrigation shall
be installed within the easement area of Lot 120/121.
99. Landscape Installation Lot G. Prior to issuance of the 66th Building Permit in
the tract or prior to occupancy of any of the following Lots 7-11 within
TR29777-1, whichever occurs first, the landscaping and irrigation shall be
installed within Lot G.
This condition was deleted per the Planning Commission.
100. Park Construction. The park and amenities located within Lot B shall be
installed and open to the public prior to issuance of the 50th building permit
within the subdivision. The park and amenities shall be installed per the City
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approved park plans. The park and amenities will be inspected by City to staff
to verify that this has occurred. Failure to comply with any deadline for the
development of the improvements and/or amenities shall halt the issuance of
building permits and suspension of all building inspections for residential
dwelling units within the subdivision.
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Section III: Public
Works/Engineering Conditions of
Approval
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A. GENERAL CONDITIONS
101. Street Sweeping: Owner shall cause property to be annexed into the City’s
citywide CFD 2015-2 as the district funding mechanism to pay for the project’s
participation in the City’s street sweeping services, as approved by the City
Engineer.
102. Previous Conditions of Approval: These Conditions of Approval and the
subsequent new conditions from the County of Riverside supersede all previous
conditions of approval placed on Tentative Tract Map No. 29777 and all previous
conditions of approval are rendered null and void. (City)
103. Conditions in Construction Drawings: Any submittal of construction drawings,
grading plans, improvement plans, etc., shall include a copy of these conditions
of approval (in full) immediately following the cover sheet of such plans.
(City)
104. Project Description: The land division hereby permitted is to subdivide 63.48
acres into 173 residential lots with a minimum lot size of 7,200 square feet, an
11.16 acre open space lot (Lot A), a 2.7 acre park (Lot B), and a thirty (30) foot
wide paseos (Lots D, E, & F) and a water quality basin (Lot C). Per the changes
by the developer, the water quality basin, Lot C shall support the water quality for
a portion of the proposed development, while biofiltration systems working with
catch basin inlets to support the remainder of the development’s water quality
requirements.
105. Construction Phasing: The applicant/developer is proposing to develop the
project in two construction phases with one final map:
Construction Phase I – will include 112 residential lots (Lots 1 thru 112), a
proposed park (Lot B-open space), Lot A (open space), and paseos (Lots D,E,
&F).
Construction Phase II – will include 61 residential lots (Lots 113 thru 173),
and Lot C-for open space and water quality.
106. Guarantee for Required Improvements: The final map of this development
shall be in substantial conformance with the approved tentative map. Prior to
final map recordation, financial security shall be provided to guarantee the
construction of all required improvements associated with the final map. The
Public Works Director may require the dedication and construction of necessary
utilities, streets or other improvements outside the area of any particular
construction phase if the improvements are needed for circulation, parking and
access, or for the welfare and safety of future occupants of the development.
107. Bond Agreements and Improvement Security: To guarantee the construction
of all required improvements, the developer/property owner shall enter into
security agreements and post bonds in accordance with applicable City policies
and ordinances. The improvements shall include, but are not limited to:
onsite/offsite grading, street improvements, street lights, traffic signals,
landscaping, signing and striping, water/sewer/recycled water improvements,
water quality BMPs, and storm drainage facilities.
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108. 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 fees, dedications,
reservations and/or other exactions imposed on this project as a result of the
approval or conditional approval of this project.
B. GRADING
109. 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 PW Engineering Department’s conditions of approval.
110. Obey All Grading Regulations: All grading shall conform to the California
Building Code, Ordinance 457, and all other relevant laws, rules and regulations
governing grading in the City and prior to commencing any grading which
includes 50 or more cubic yards, the applicant shall obtain a grading permit from
the PW Engineering Department.
111. Dist. Needs Grading Permit: Ordinance 457 requires a grading permit prior to
clearing, grubbing or any top soil disturbances related to construction grading.
112. Dust Control: All necessary measures to control dust shall be implemented by
the developer during grading.
113. 2:1 Max Slope Ratio: Grade slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved.
114. Minimum Drainage Grade: Minimum drainage grade shall be 1% except on
portland cement concrete where 0.35% shall be the minimum.
115. Drainage and Terracing: Provide drainage facilities and terracing in
conformance with the California Building Code's chapter on "Excavation and
Grading."
116. Slope Setbacks: Observe slope setbacks from buildings and property lines per
the California Building Code - as amended by Ordinance 457.
117. “NPDES Supplement A:” In order to insure compliance with Supplement A -
New Development Guidelines for the Santa Ana, Santa Margarita and
Whitewater Drainage Management Plan, all specific land use cases (Plot Plans,
Conditional Use Permits, & Public Use Permits) and subdivisions (Tracts and
Parcel maps) shall provide, as a part of their grading and drainage plan, the
control of impervious runoff. This shall include impervious areas graded to drain
to a BMP filtration system. Direct drainage from impervious areas to the street or
a storm drain facility shall be avoided.
Prior to Final Map Recordation
118. Written Permission to Grade: Written permission shall be obtained from the
affected property owners allowing the proposed grading and/or facilities to be
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installed outside of the tract boundaries. A copy of the written authorization shall
be submitted to the PW Engineering Department for review and approval.
Prior to Grading Permit Issuance
119. Grading Bonds: Grading in excess of 199 cubic yards will require performance
security to be posted with the PW Engineering Department. Single Family
Dwelling units graded one lot per permit and proposing to grade less than 5,000
cubic yards are exempt.
120. Import/Export: In instances where a grading plan involves import or export, prior
to obtaining a grading permit, the applicant shall have obtained approval for the
import/export location from the PW Engineering Department. Additionally, if
either location was not previously approved by an Environmental Assessment,
prior to issuing a grading permit a Grading Environmental Assessment shall be
submitted to the Planning Director for review and comment and to the PW
Engineering Department Director for approval.
121. Slope Erosion Control Plan: 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.
122. Geotech/Soils Reports: Geotechnical soils reports, required in order to obtain a
grading permit, shall be submitted to the PW Engineering Department for review
and approval prior to issuance of a grading permit. If the project has obtained
previous approval of the soils report from the Riverside County, a copy of the
approved report shall be submitted to the PW Engineering Department. All
grading shall be in conformance with the recommendations of the
geotechnical/soils reports as approved by Riverside County.*
*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.
123. Drainage Design Q100: All grading and drainage shall be designed in
accordance with City Standards and the 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 PW Engineering
Department conditional approval of this application includes an expectation that
the conceptual grading plan reviewed and approved for the project can comply
with the required WQCP (Water Quality Compliance Plan) required by the City.
124. Off-site Grading Onus: Prior to the issuance of a grading permit, it shall be the
sole responsibility of the owner/applicant to obtain any and all proposed or
required easements and/or permissions necessary to perform the grading herein
proposed.
125. Lot to Lot Drainage: A recorded drainage easement is required for lot to lot
drainage or cross drainage.
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Prior to Building Permit Issuance
126. No Building Permit w/out Grading Permit: Prior to issuance of any building
permit, the property owner shall obtain a grading permit and/or approval to
construct from the PW Engineering Department.
C. DRAINAGE
127. 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.
128. 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.
129. Perpetuate 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.
130. Submit Drainage Easement Doc.: 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 PW Engineering Department for review and approval.
131. Cont Dist Prior – ADP Dwgs: 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 PW Engineering Department.
132. BMP Energy Dissipater: Energy Dissipaters, 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 dissipaters shall be designed to
minimize the amount of erosion downstream of the storm drain outlet.
133. Trash Enclosure: Trash Racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large, floatable debris.
134. FEMA Panel: The northern portion of the proposed tract is within the 100-year
Zone A floodplain limits as delineated on Panel No. 060245 2085 of the Flood
Insurance Rate Maps issued in conjunction with the National Flood Insurance
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Program administered by the Federal Emergency Management Agency (FEMA).
The developer has submitted the project CLOMR-F to FEMA for review and
approval – CASE NO: 15-09-2539C. The CLOMR-F shall be approved by FEMA
prior to the issuance of any grading permits for either phase of construction, by
the City of Menifee. A final LOMR-F shall be approved prior to issuance of any
Certificate of Occupancy.
135. ADP Fees: The proposed development is located within the bounds of the
Homeland/Romoland Area Drainage Plan (ADP) for which drainage fees have
been established by the Riverside County 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. The fee due will be
based on the fee in effect at the time of payment. The fee shall be paid in the
form of cashier's check or money order only. The PW Engineering Department
will not accept personal or company checks.
136. Flood Hazard Rpt (1 of 2): Tract Map 29777 is a proposal to divide 63 acres into
173 lots for single family dwelling units and one open space lot The project site is
in the Romoland area, located on the west side of Dawson Road approximately
600 feet southerly of McLaughlin Road. This tract is located within the
established Romoland/Homeland Master Drainage Plan (MDP)
The site's southwest corner lies on a ridgeline, which is the Homeland/Romoland
Area Drainage Plan boundary. Due to this ridge, the site receives almost no
offsite runoff from the south. The northern portion of the site, however, is within
the 100-year Zone A FEMA floodplain limits for Ethanac Wash. This 11-square
mile watershed produces a 2000-feet wide floodplain. TR29777 proposes to
encroach 1000 feet into this floodplain. Although the tentative map exhibit omits
mention of offsite drainage improvements, development of this site is dependent
on the construction of several facilities shown in a revised version of the
Romoland Master Drainage Plan (MDP) currently under development.
Construction Phasing – The applicant/developer is proposing to develop the
project in two construction phases with one final map:
Construction Phase I – will include 112 residential lots (Lots 1 thru 112), a
proposed park (Lot B-open space), Lot A (to remain an open space), and paseos
(Lots D, E & F), all located south of the existing stockpile onsite.
Construction Phase II – will include 61 residential lots (Lots 113 thru 173),
and Lot C-open space. This phase includes the existing stockpile and two
temporary de-silting basins.
The two temporary de-silting basins will remain operational to serve as drainage
mitigation for all lots within Construction Phase I until the ultimate drainage
facilities that will serve the entire development are constructed and operational.
Construction Phase II shall not commence until all of the ultimate drainage
facilities (Line A, Line A-17, and Line A-18) that will mitigate drainage for lots are
built and operational.
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No building permit shall be issued past the 86th lot within Construction Phase I
until said ultimate drainage facilities to serve the entire development are built and
operational.
No building permit shall be issued for any lot within Construction Phase II until
said ultimate drainage facilities to serve the entire development are built and
operational.
The temporary de-silting basins shall remain in-place and operational until
ultimate drainage connections to downstream Line A are completed operational.
1a. Onsite drainage - The entire site presently drains northerly toward
McLaughlin Road. A small area at the southwest corner is shown outside of the
Romoland/Homeland Area Drainage Plan fee area. However, a close evaluation
of the detailed topography shown on the tentative map shows that the roadside
ditch along Dawson Road on the site's western boundary has been directing
flows from this area northerly for some time. Therefore, the entire site will be
subject to the ADP fee.
If Construction Phase I of this tract is constructed prior to the construction of
ultimate Line A, an interim increased runoff basin shall be constructed to
attenuate onsite runoff to predevelopment levels, prior to the issuance of the first
building permit for Phase I construction. Excavation for this basin would be
permitted within the Ethanac Wash floodplain. The tract grading and onsite
stormdrains shall be designed to assure that all onsite flows reach a water quality
facility. Discharge of onsite flows for Construction Phase I shall require the
construction of a stormdrain to temporary desilting basins at the northernmost
end of the property. Prior to the issuance of the 87th building permit within
Construction Phase I, connections to ultimate Line A, Line A-17 and Line A-18,
shall be constructed. Construction of all storm drain facilities for both phases of
construction shall be guaranteed prior to final map recordation. All connections
to ultimate Line A shall be constructed prior to the removal of temporary facilities
used to support the first portion of Phase I construction. Any easements
necessary to support temporary facilities for the first portion of Phase I
construction, shall be quitclaimed after the removal of said temporary facilities.
As previously conditioned by the County, the developer proposes terrace drains
along the top of the lots backing up to the open space. A block wall with a
minimum of 3 courses backed-up by an interceptor ditch is preferred. Provisions
for maintenance access shall be incorporated. The criteria for maintenance
access of terrace/interceptor is as follows: flows between 1&5 cfs shall have a 5-
foot wide access road, flows between 6&10 cfs shall be a minimum 6-foot
rectangular channel. Terrace/interceptor drains are unacceptable for flows
greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street.
2a. Local Offsite Hazard. This is the hazard from the approximately one square-
mile watershed tributary to the site from the southeast. The Romoland MDP
proposes to collect about one half of this area and convey it to Line A in Line A-2
which is shown about 2000 feet to the east of tract 29777. After construction of
Line A-2, the northeast corner of TR29777 will still receive flows from the area
between Line A-2 and the site.
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3a. Regional Offsite Hazard. The "Romoland Master Drainage Plan" proposes
Line A to be the major backbone facility that conveys runoff from the entire valley
to San Jacinto River. The low-flow path for Ethanac Wash impacts the tract 600
feet south of McLaughlin (near Lot 56 and Lot C designated for open space and
water quality facilites). The current MDP shows Line A cutting through the site
following the path of the existing low-flow ditch. The revision to the MDP,
currently under review, would place the ultimate Line A channel about 300-feet
north of McLaughlin Road.
The developer shall construct the junction with Line A-17, based on the approved
preliminary hydrology study requiring this connection in order to support
proposed post development flows. The PW Engineering Department will not
allow the recordation of the final map until construction of Line A-17 and Line A-
18 facilities are guaranteed by adequate construction securities.
137. Flood Hazard Rpt (2 of 2): To develop TR29777 within the Ethanac Wash
floodplain, the following criteria shall be met:
3a.1. As previously conditioned by the County of Riverside [In no case will
encroachment by fill into the FEMA floodplain be permitted by the PW Engineering
Department northerly of the proposed "B Street" until the contract(s) for construction of
the ultimate Romoland MDP Line A facility along with the proposed Briggs Road detention
basin, and Line A-2 has been awarded.] As Line A construction has already
commenced, and being that the hydrology of this project depends on connection
to Line A facilities, no building permits shall be issued prior to FEMA approval of
the project CLOMR-F. Furthermore, proposed connection to Line A, Line A-18
and Line A-17, shall be constructed prior to the issuance of the 87h building
permit in Phase I construction.
3a.2. Development of lots south of proposed 'B' Street would need to be
supported by a floodplain study quantifying the hydraulic impact of the proposed
encroachment. This study would require before- and after-project HEC-RAS
calculations, cross sections, maps, and other data prepared to the satisfaction of
the PW Engineering Department and FEMA. These calculations would be used
to obtain a Letter of Map Revision (LOMR) from FEMA. No increase in water
surface onto neighboring properties will be permitted unless permission for the
impact is obtained from all affected property owners.
3a.3. The developer shall submit for approval to the City of Menifee and FEMA a
CLOMR-F for the proposed development prior to building permit issuance and
LOMR, prior to certificate of occupancy.
138. 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 A, unless modified by the conditions listed herein.
139. Drainage 1: The land divider shall protect downstream properties from damages
caused by alteration of the drainage patterns, i.e., concentration or diversion of
flow. Protection shall be provided by constructing adequate drainage facilities
including enlarging existing facilities and/or by securing a drainage easement. All
drainage easements shall be shown on the final map and noted as follows:
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"Drainage Easement - no building, obstructions, or encroachments by landfills
are allowed". The protection shall be as approved by the PW Engineering
Department.
140. Drainage 2: The land divider shall accept and properly dispose of all off-site
drainage flowing onto or through the site. In the event the PW Engineering
Department permits the use of streets for drainage purposes, the provisions of
Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street
capacity or the use of streets be prohibited for drainage purposes, the subdivider
shall provide adequate drainage facilities and/or appropriate easements as
approved by the PW Engineering Department.
Prior to Final Map Recordation
141. Submit Plans: A copy of the improvement plans, grading plans, final map,
environmental constraint sheet and any other necessary documentation along
with supporting hydrologic and hydraulic calculations shall be submitted to the
PW Engineering Department for review. The plans must receive PW Engineering
Department approval prior to recordation. All submittals shall be date-stamped by
the engineer and include a completed City Fee Worksheet with the appropriate
plan check fee deposit.
142. Construct Interim Facilities: Construction Phase 1 of Tract 29777 may
precede ultimate Line A if the developer constructs interim Line A channel. The
PW Engineering Department will not issue grading permits or allow recordation of
the final map until bonds for the construction of Line A-17 and Line A-18 have
been posted.
143. On-site 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.”
144. Submit Easement or Redesign: Offsite drainage facilities shall be located
within dedicated drainage easements obtained from the affected property
owner(s). Document(s) shall be recorded and a copy submitted to the PW
Engineering 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 easements.
145. Map – Increased Runoff: Unless and until ultimate Romoland Line A is fully
constructed and operational, 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 desilting basins at the
northern most end of the property supporting Phase I construction of the
development, and a detention facility at the northeast corner of the site to support
a portion of Phase II construction.
146. Increased Runoff Criteria: Unless and until ultimate Romoland Line A is
constructed, the entire area of proposed development shall be routed through a
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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, 10-year, and 100-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 event the loss rate will be determined using an AMC I condition.
For the 10-year and 100-year events 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
provided for all outlets less than 48" in diameter.
The basin(s) and outlet structure(s) must be capable of passing the 100-year
storm without damage to the facility.
Mitigation basins should be designed for joint use and be incorporated into open
space or park areas. Side slopes should be no steeper than 4:1 and depths
should be minimized where public access is uncontrolled.
A viable maintenance mechanism, acceptable to both the County and the PW
Engineering Department, should be provided for detention facilities. Generally,
this would mean a CFD, landscape district, parks agency or commercial property
owners association. Residential homeowners associations would generally be
acceptable.
147. Waters of the U.S.: A portion of the proposed project is in a floodplain and may
affect "waters of the United States", "wetlands" or "jurisdictional streambeds".
Therefore, if the developer wishes to obtain recordation and/or grading permits
for lots located within the floodplain up to the proposed ”D” Street, then, in
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accordance with the requirements of the National Flood Insurance Program and
Related Regulations (44 CFR, Parts 59 through 73) and County Ordinance No.
458: a. A flood study consisting of HEC-2/HEC-RAS calculations, cross sections,
maps, and other data should be prepared to the satisfaction of the Federal
Emergency Management Agency (FEMA) and the PW Engineering Department
for the purpose of revising the effective Flood Insurance Rate Map of the project
site. The study shall be submitted with the related project improvement plans.
Grading permits shall not be issued and the final map shall not record until a
Conditional Letter of Map Revision (CLOMR) has been received from FEMA.
Final Building Inspections for lots impacted by the FEMA floodplain shall not be
issued until a Letter of Map Revision (LOMR) is obtained from FEMA.
The applicant shall be responsible for payment of all processing fees required by
FEMA for the CLOMR and LOMR. FEMA submittals for a CLOMR shall be
reviewed by the PW Engineering Department on a fee for service basis. A fee in
conformance with the requirements of 44 CFR Parts 65, 70, and subsequent final
rules shall be required prior to recordation of the final map and prior to grading
permit issuance to cover the cost of processing the LOMR. Payment of all PW
Engineering Department fees and deposits for processing of FEMA submittals
shall be made directly to the PW Engineering Department. Fees for FEMA review
shall be submitted directly to FEMA. Fees for processing FEMA submittals shall
be in addition to regular PW Engineering Department plan check fees.
A copy of appropriate correspondence and necessary permits from those
government agencies from which approval is required by Federal or State law
(such as Corps of Engineers 404 permit or Department of Fish and Game 1603
agreement) should be provided to the PW Engineering Department prior to
recordation of the final map and prior to the issuance of grading permits for the
project.
148. Increased Runoff Study Required: A complete drainage study including, but
not limited to, hydrologic and hydraulic calculations for the interim desilting
basins, as well as for the proposed ultimate detention basin and water quality
facilities, shall be submitted to the PW Engineering Department for review and
approval. Increased runoff mitigation basin criteria shall be per Riverside County
Flood Control standards and as determined by City PW Engineering Department.
149. ADP Fees: A notice of drainage fees shall be placed on the environmental
constraint sheet and final map. The exact wording of the note shall be as follows:
NOTICE OF DRAINAGE FEES Notice is hereby given that this property is
located in the Homeland/Romoland Area Drainage Plan which was adopted by
the Board of Supervisors of the County of Riverside pursuant to Section 10.25 of
Ordinance 460 and Section 66483, et seq, of the Government Code and that said
property is subject to fees for said drainage area. Notice is further given that,
pursuant to Section 10.25 of Ordinance 460, payment of the drainage fees shall
be paid with cashier's check or money order at the time of issuance of the
grading or building permit for said parcels, whichever occurs first, and that the
owner of each parcel, at the time of issuance of either the grading or building
permit, shall pay the fee required at the rate in effect at the time of issuance of
the actual permit.
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150. Three (3) Items to Accept SD: Inspection and maintenance of the storm drain
system to be constructed with this tract must be performed the PW Engineering
Department or the County Flood Control District. The engineer (owner) must
request in writing that the District accept the proposed storm drain system. The
request shall note the project number, location, briefly describe the system (sizes
and lengths) and include an exhibit that shows the proposed alignment. The
request to the Flood Control District shall be addressed to Warren D. Williams,
General Manager-Chief Engineer, Attn: Chief of the Planning Division. If the
District is willing to maintain the proposed drainage system three items must be
accomplished prior to recordation of the final map or starting constr uction of the
drainage facility: 1) the developer shall submit to the District the preliminary title
reports, plats and legal descriptions for all right of way to be conveyed to the
District and secure that right of way to the satisfaction of the District; 2) an
agreement with the District must be executed which establishes the terms and
conditions of inspection, operation and maintenance; and 3) plans for the facility
must be signed by the District's General Manager-Chief Engineer. The plans
cannot be signed prior to execution of the agreement. An application to draw up
an agreement must be submitted to the Development Review Division of Flood
Control District, attention of Mark Wills, or current person in charge. All right of
way transfer issues must be coordinated with the District's Right of Way Section.
The engineer/developer will need to submit proof of flood control facility bonds
and a certificate of insurance to the District's Inspection section before a pre-
construction meeting can be scheduled.
151. Construct Ultimate Facilities: The PW Engineering Department will not allow
the issuance of grading permits nor allow recordation of the final map until the
plans for Line A-17 and Line A-18 have been approved, bonds have been
posted, and the offsite right-of-way acquired, as approved by the Public Works
Director. Alternatively, if a Community Facilities District (CFD) is formed to
construct the facilities listed above, then map recordation and grading permits will
be allowed when the construction contracts for these facilities are awarded.
Occupancy will not be granted for any unit until all downstream facilities are
functional. The developer shall be responsible for the maintenance of these
facilities until their maintenance is transferred to the PW Engineering Department
for maintenance by a city administered Community Facilities Maintenance District
(CFD 2015-2). A separate means of mitigating for increased runoff would not be
necessary for onsite flows that drain to Line A given that said facility is
considered to be an adequate outlet.
Prior to Grading Permit Issuance
152. Submit Plans: A copy of the improvement plans, grading plans and any other
necessary documentation along with supporting hydrologic and hydraulic
calculations shall be submitted to the PW Engineering Department for review.
The plans must receive PW Engineering Department approval prior to issuance
of grading permits. All submittals shall be date-stamped by the engineer and
include a completed City Fee Worksheet with the appropriate plan check fee
deposit.
153. Erosion Control after RG: Temporary erosion control measures shall be
implemented immediately following rough grading to prevent deposition of debris
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onto downstream properties or drainage facilities. Plans showing these measures
shall be submitted to the PW Engineering Department for review.
154. Submit Easement or Redesign: Offsite drainage facilities shall be located
within dedicated drainage easements obtained from the affected property
owner(s). Document(s) shall be recorded and a copy submitted to the PW
Engineering 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 easements.
155. BMP Filtration: Impervious areas shall be graded or constructed to drain to a
filtration BMP or equally effective alternative. Filtration BMPs can be found in the
attachment to Supplement A, "Selection and Design of Stormwater Quality
Controls". All BMPs shall be approved by the PW Engineering Department prior
to plan approval, and shall be detailed in the Water Quality Compliance Plan
(WQCP) submitted to the City of Menifee and approved prior to map recordation.
156. ADP Fees: Tract 29777 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 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.
157. Construct Ultimate Facilities: The PW Engineering Department will not allow
the issuance of grading permits until the plans for Line A-17 and Line A-18 have
been approved, bonds have been posted, and the offsite right-of-way acquired.
The PW Engineering Department will not allow issuance of building permits for
any lots within construction Phase II, or past the 86th lot within construction
Phase I (about 77% of the lots within construction Phase I), until ultimate storm
drain facilities Line A, Line A-17, and Line A-18 have been constructed and are
operational. Alternatively, if a Community Facilities District (CFD) is formed to
fund the construction of the facilities listed above, then map recordation and
grading permits will be allowed when the construction contracts for these facilities
are awarded. Occupancy will not be granted for any unit until all downstream
facilities are functional. The developer shall be responsible for the maintenance
of these facilities until their maintenance is transferred to the PW Engineering
Department for maintenance by a City administered Community Facilities
Maintenance District (CFD 2015-2). A separate means of mitigating for increased
runoff would not be necessary for onsite flows that drain to Line A given that said
facility is considered to be an adequate outlet.
Prior to Building Permit Issuance
158. ADP Fees: Tract 29777 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 at the time of the issuance of
grading permits for the approved parcels or at the time of issuance of building
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permits if no grading permits are issued f or 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.
159. 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 PW Engineering
Department-NPDES group, or directly from the Riverside County Flood Control
District. 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 PW Engineering Department a
notarized affidavit stating that the distribution of educational materials to the
tenants is assured prior to the issuance of occupancy permits.
Prior to Certificate of Occupancy
160. Construct Ultimate Facilities: The PW Engineering Department will not release
occupancy permits for any residential lot within the Construction phase II of this
map until the downstream master drainage plan facilities (Line A, Line A-17 and
Line A-18) are functional.
D. STREET IMPROVEMENTS & DEDICATIONS
161. Std Intro 3 (County Ord. 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 adopted County Ordinance 460 and Riverside County
Road Improvement Standards (Ordinance 461), as well as City of Menifee PW
standards and specifications. It is understood that the tentative map correctly
shows acceptable centerline elevations, all existing easements, traveled ways,
and drainage courses with appropriate Q's, and that their omission or
unacceptability may require the map to be resubmitted for further consideration.
These Ordinances and all conditions of approval are essential parts and a
requirement occurring in ONE is as binding as though occurring in all. All
questions regarding the true meaning of the conditions shall be referred to the
PW Engineering Department.
162. Utility Install 1: Electrical power, telephone, communication, street lighting, and
cable television lines shall be placed underground in accordance with City
adopted County Ordinance 460 and 461. This also applies to existing overhead
lines which are 33.6 kilovolts or below along the project frontage and within the
project boundaries (except for Rouse Road).
163. 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 PW Engineering Department.
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164. TS/Conditions 1: As previously conditioned by the County of Riverside: [The
Transportation Department has reviewed the traffic study submitted for the referenced
project. The study has been prepared in accordance with County-approved guidelines.
We generally concur with the findings relative to traffic impacts. The Comprehensive
General Plan circulation policies require a minimum of Level of Service 'C', except that
Level of Service 'D' may be allowed with Board of Supervisors' approval in community
development areas at intersections of any combination of secondary highway, major
highways, arterials, urban arterial, expressways or state highways and ramps
intersections. The study indicates that it is possible to achieve adequate Level of Service
for the following intersections based on the traffic study assumptions. Bradley Road (NS)
at: McCall Boulevard (EW) I-215 Freeway SB Ramps (NS) at: Ethanac Road (EW) McCall
Boulevard (EW) I-215 Freeway NB Ramps (NS) at: Ethanac Road (EW) McCall Boulevard
(EW) Encanto Road (NS) Ethanac Road (EW) McLaughlin Road (EW) Rouse Road (EW)
McCall Boulevard (EW) Trumble Road (NS) at: McLaughlin Road (EW) Air Stream Way
(EW) Rouse Road (EW) As such, the proposed project is consistent with this General Plan
policy. The associated conditions of approval incorporate mitigation measures identified
in the traffic study, which are necessary to achieve or maintain the required level of
service.]
165. TS/Conditions 2: Any changes to the project will trigger the requirement for a
new Traffic Impact Analysis (TIA), which shall conform to current City of Menifee
TIA Guidelines. Potential changes that would trigger this condition shall be
determined by the City Engineer.
The developer shall adhere to all mitigation requirements as revealed in the
approved TIA (Dated August 17, 2001) except for the portions that were
alternatively conditioned by the County in the original Conditions of Approval
(Dated April 13, 2005). The fair share participation born to the developer for
offsite roadway improvements, as stated in the approved TIA, shall be at a fair
share percent contribution that is reviewed and approved by the PW Director/City
Engineer.
The developer shall provide adequate notification to residents on Airstream Way
for improvements within the public right-of-way. The developer shall obtain
written approval from each resident on Airstream Way for additional drainage
improvements, which will occur on Airstream Way that may encroach onto
private property, constructed as a result of this development. The developer
must obtain 100% approval from residents on Airstream Way for said
improvements outside the public right-of-way. If approval cannot be obtained,
the developer shall provide an updated TIA (per current City of Menifee TIA
Guidelines) to determine alternate circulation routes for the project.
Prior to Final Map Recordation
166. Dedications: As previously conditioned by the County of Riverside: Rouse Road
and Antelope shall be improved within the dedicated right-of-way in accordance with
County draft Standard No. 94. (32'/50') 'A' Street and 'B' Street (entry) shall be improved
within the dedicated right-of-way in accordance with County Standard No. 103, Section
A. (46'/76')(modified) 'A' Street( between 'H' Street and 'J' Street) shall be improved
within the dedicated right-of-way in accordance with County draft Standard 104, Section
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A. (44'/66') All remaining interior streets shall be improved within the dedicated right-of-
way in accordance with County Standard No. 105, Section A. (36'/56') (modified). Street
sections shall meet current City of Menifee standards and specifications.
167. Meet Current Standards: The developer shall meet all applicable City standards
and County standards, as determined by the City Engineer.
168. Imp Plans: Improvement plans for the required improvements must be prepared
and shall be based upon a design profile extending a minimum of 300 feet
beyond the project boundaries at a grade and alignment as approved by the PW
Engineering Department. Completion of road improvements does not imply
acceptance for maintenance by City.
169. Part Width: Dawson Road shall be improved with 34 feet of asphalt concrete
pavement within a 52' part-width dedicated right-of-way in accordance with
County draft Standard No. 103, Section A. (22'/37') Street sections shall meet
current City of Menifee standards and specifications.
170. Off-site Info: The off-site rights-of-way required for said access road(s) shall be
accepted to vest title in the name of the public if not already accepted, prior to
final map recordation.
171. Easement: 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.
172. Striping Plan: A signing and striping plan is required for this project. The
applicant shall be responsible for any additional paving and/or striping removal
caused by the striping plan. Any changes to the proposed development, may
result in the need for additional striping, signage, or improvements to meet
minimum requirements for circulation.
173. Street Name Sign: The land divider shall install street name sign(s) in
accordance with City of Menifee standards and specifications as directed by the
PW Engineering Department.
174. 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 Rouse Road, Antelope
Road and Dawson Road. Landscaping plans shall be submitted on City standard
plans. Landscaping plans shall be submitted with the street improvement plans. If
landscaping maintenance is to be annexed to a citywide CFD or city
administered Landscaping and Lighting Maintenance District, landscaping plans
shall depict ONLY such landscaping, irrigation and related facilities as are to be
placed within the public road rights-of-way.
175. 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 prior to final map
recordation.
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176. Soils 2: The developer/owner shall submit a preliminary soils and pavement
investigation report addressing the construction requirements within the road
right-of-way.
177. Intersection/50’ Tangent: All centerline intersections shall be at 90 degrees,
plus or minus 5 degrees, with a minimum 50' tangent, measured from
flowline/curbface or as approved by the City Engineer.
178. Street Light Plan: A separate street light plan is required for this project. Street
lighting shall be designed in accordance with City standards and specifications.
For projects within SCE boundaries use City standards and/or Standard No's
1000 or 1001.
179. 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.
180. Public Street Light Service Point Addressing: The developer shall coordinate
with the PW Department and with Southern California Edison the assignment of
addresses to public street light service points. These service points shall also be
owned by the City and shall be located within the public right of way or within
duly dedicated public easements.
181. Off-site Access 1: Per County conditions, the landowner/developer shall
provide/acquire sufficient public off-site rights-of-way to provide for two paved
access roads to a paved and maintained road. Said access roads shall be
constructed in accordance with County Standard No. 106, Section B (32'/60'),
and City of Menifee standards and specifications, at a grade and alignment as
approved by the PW Engineering Department. Should the applicant fail to
provide/acquire said off-site right-of-way, the map shall be returned for redesign.
The applicant shall provide the appropriate environmental clearances for said off-
site improvements prior to final map recordation or the approval of any street
improvement plans. Said off-site access road shall be the westerly extension of
Rouse Road to Encanto Road. Said off-site access road shall be the westerly
extension of Airstream Way to Trumble Road and the northerly extension of
Trumble Road to McLaughlin Road and the westerly extension of McLaughlin
Road to Encanto Road. *NOTE The applicant shall construct the necessary
remedial drainage improvements on Trumble and McLaughlin to remedy the
drainage problems at this location, as approved by the PW Engineering
Department. If the proposed project changes, the City may impose additional
requirements for improvements for access and circulation may be required to
support development changes.
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182. Corner Cutback 1: All corner cutbacks shall be applied per City adopted County
Standard 805 and Ordinance 461, except for corners at Entry streets intersecting
with General Plan roads, which shall be applied per City General Plan guidelines.
183. Street Light 1 Cert.: Prior to final map recordation, the developer shall
guarantee the construction of street lights supporting the proposed development,
per City of Menifee standards and specifications.
184. Utility Plan: Electrical power, telephone, communication, street lighting, and
cable television lines shall be designed to be placed underground except for
Rouse Road in accordance with City adopted County ordinance 460 and 461, or
as approved by the PW Engineering 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 kilovolts 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 PW Engineering Department for verification
purposes.
185. 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.
Driveway slopes shall not exceed a 12% grade.
Prior to Certificate of Occupancy:
186. 80% Completion: Except for occupancies related to completion of drainage
facilities required to be completed under the “Drainage” section of these
conditions (Lines A, Line A-17, and Line18 – see COAs 63 & 64), occupancy
releases will not be issued to Building and Safety for any lot exceeding 80% of
the total recorded residential lots within both construction phases of the project ,
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 Cont rol
District, if applicable, is required. d) Water system, including fire hydrants, shall
be installed and operational, according to the improvement plans and as noted
elsewhere in these conditions. All water valves shall be raised to pavement
finished grade. Written confirmation of acceptance from water purveyor is
required. e) Sewer system shall be installed and operational, according to the
improvement plans and as noted elsewhere in these conditions. All sewer
manholes shall be raised to pavement finished grade. Written confirmation of
acceptance from sewer purveyor is required. f) Landscaping and irrigation, water
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and electrical systems shall be installed and operational in accordance with City
adopted County Ordinance 461.
187. Street Lights Install: Install streetlights along the streets associated with
development in accordance with the approved street lighting plan and City of
Menifee standard plans and specifications. Street light annexation into the
citywide CFD, as approved by the PW Engineering Department, shall be
completed. It shall be the responsibility of the Developer to ensure that
streetlights are energized along the streets of those lots where the Developer is
seeking Building Final Inspection (Occupancy).
188. WRCOG 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
City adopted County Ordinance No. 824.
189. 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 PW Engineering Department except for
Rouse Road. This also applies to existing overhead lines which are 33.6 kilovolts
or below along the project frontage and between the nearest poles offsite in each
direction of the project site. A certificate should be obtained from the pertinent
utility company and submitted to the PW Engineering Department as proof of
completion.
190. Landscaping: Prior to issuance of an occupancy permit, the project proponent
shall complete annexation into a City administered landscaping and lighting
maintenance district, County Service Area and/or a Community Facilities Dis trict
as approved by the PW Engineering Department for continuous landscape
maintenance within for continuous landscape maintenance within public road
rights-of-way, in accordance with Ordinance 461.
191. Graffiti Abatement: Prior to issuance of an occupancy permit the project
proponent shall complete annexation into a City administered landscaping and
lighting maintenance district, County Service Area and/or a Community Facilities
District for graffiti abatement of walls and other permanent structures along City
maintained road rights-of-way.
192. Minimum Standards Met: The developer shall meet all current City of Menifee
street improvement standards and specifications. No modified street sections
will be permitted.
193. Interim Conditions: The developer shall provide adequate interim conditions for
all streets constructed to support Phase I construction. No street shall be
constructed without adequate turn around for emergency vehicular access.
194. Final Conditions Dawson: The developer shall ensure that Dawson Road is
constructed with adequate coverage, and that construction is not segmented.
This may require a full cap of Dawson Road along the project frontage to ensure
adequate drainage and continuity of the final street design.
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195. Final Conditions Antelope: Antelope Road shall be constructed with a safe
and adequate transition to existing street grade, 300’ beyond the project
boundary.
E. NPDES and WATER QUALITY COMPLIANCE PLAN (WQCP)
All City of Menifee requirements for NPDES and post development water quality
requirement shall be met per City of Menifee Municipal Code Chapter 15.01 for
Stormwater/Urban Runoff Management Program unless otherwise approved by
the Public Works Director/City Engineer. This project is required to submit a
project specific Water Quality Compliance Plan (WQCP) that addresses post
development water quality requirement as approved by the PW Engineering
Department.
196. BMP Maintenance and Inspection: The developer shall identify a viable
maintenance entity that will inspect and maintain all structural BMP's within the
project boundaries. The maintenance entity shall be responsible for all catch
basins to be inspected, and if required, cleaned no later than October 15 each
year, or before a predicted rain event as identified is an approved post
development plan approved for the development by the PW Engineering
Department.
197. NPDES/SWPPP, 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.
198. 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.
199. 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.
200. Import/Export: In instances where a grading plan involves import or export, prior
to obtaining a grading permit, the applicant shall have obtained approval for the
import/export location from the Public Works department. If an Environmental
Assessment, prior to issuing a grading permit, did not previously approve either
location, a Grading Environmental Assessment shall be submitted to the
Planning Director for review and comment and to the Public Works Department
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Director for approval. Additionally, if the movement of import/export occurs using
county roads, review and approval of the haul routes by the Public Works
Department will be required.
Prior to Issuance of Grading Permit
201. Final Project Specific Water Quality Compliance Plan (WQCP): Prior to
issuance of a grading permit, a FINAL project specific WQCP in substantial
conformance with the approved PRELIMINARY WQCP 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
WQCP. The final developed project shall implement all structural and non-
structural BMPs specified in the approved FINAL WQCP. One copy of the
approved FINAL WQCP on a CD-ROM in pdf format shall be submitted to the
Public Works Engineering Department. The FINAL WQCP submittal shall include
at the minimum the following reports/studies:
Hydrology/hydraulics report
Soils Report that includes soil infiltration capacity
Limited Phase II Environmental Site Assessment (ESA) Report, as maybe
required by a City approved Phase I ESA
202. Revising The Final WQCP: In the event the Final WQCP requires design
revisions that will substantially deviate from the approved Prelim WQCP, a
revised or new WQCP shall be submitted for review and approval by the PW
Department. The cost of reviewing the revised/new WQCP shall be charged on a
time and material basis. The fixed fee to review a Final WQCP shall not apply,
and a deposit shall be collected from the applicant to pay for reviewing the
substantially revised WQCP. Any modification that may cause the project’s site
design to change substantially beyond administrative approvals may require the
project to go back to the Planning Commission for approval.
203. WQCP Right of Entry and Maintenance Agreement: Prior to, or concurrent
with the approval of the FINAL WQCP, 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 WQCP.
Prior to Issuance of Certificate of Occupancy
204. WQCP/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 WQCP. 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.
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The developer must provide to the PW Engineering Department a notarized
affidavit stating that the distribution of educational materials to future homebuyers
has been completed prior to issuance of occupancy permits.
A copy of the notarized affidavit must be placed in the WQCP. 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.
205. Inspection of BMP Installation: Prior to issuance of Certificate of Occupancy,
all structural BMPs included in the approved FINAL WQCP shall be inspected for
completion of installation in accordance with approved plans and specifications,
and the FINAL WQCP. 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 WQCP are available at the site for use and
reference by future owners/occupants. The inspection shall ensure that the
FINAL WQCP 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.
206. 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.
F. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-
2
207. 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 accepted.
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.
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Prior to Recordation of Final Map
208. 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.
209. Landscape Improvement Plans for CFD Maintenance: Landscape
improvements within public ROW and/or areas dedicated to the City for the
citywide CFD to maintain shall comply with City landscape design guidelines and
standards. Plans shall be prepared on a separate City CFD plans for review and
approval by the PW Engineering Department, and the Community Services
Department. The plans may be prepared for each map phase or as one plan for
the entire development as determined by the PW Director. When necessary as
determined by the PW Director, a separate WQMP construction plan on City title
block maybe required for review and approval by the PW Engineering
Department prior to issuance of a grading permit.
210. 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.
211. 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.
212. 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.
213. Maintenance of CFD Accepted Facilities: All landscaping and appurtenant
facilities o 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.
G. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
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214. Fees and Deposits: Prior to approval of final maps, grading plans, improvement
plans, issuance of building permits, and/or issuance of certificate of occupancy,
the developer/property owner shall pay all fees, deposits as applicable. These
shall include the regional Transportation Uniform Mitigation Fee (TUMF), any
applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and
any applicable regional fees. Said fees and deposits shall be collected at the rate
in effect at the time of collection as specified in current City resolutions and
ordinances.
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Section IV:
Riverside County Fire Department
Conditions of Approval
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General Conditions
215. West Fire Protection Planning Office Responsibility. It is the responsibility
of the recipient of these Fire Department conditions to forward them to all
interested parties. The building case number is required on all correspondence.
Questions should be directed to the Riverside County Fire Department, Fire
Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA
92501. Phone: (951) 955-4777, Fax: (951) 955-4886.
216. City Case Statement. With respect to the conditions of approval for the
referenced project, the Fire Dept. recommends the following fire protection
measures be provided in accordance with Riverside County Ordinances and /
or recognized fire protection standards.
217. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be
mounted on private streets, public streets and driveways to indicate location of
fire hydrants, prior to installation, placement of markers must be approved by
the Riverside County Fire Dept.
Prior to Final Map
218. 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.
219. Hydrant System. Provide a fire hydrant system in accordance with Riverside
County Ordinance 460, including fire hydrants spaced not more than 330 feet
apart and capable of providing a fire flow of 1,000 GPM for 2 hours at 20 PSI.
220. Fuel Modification. This tract is in a State Responsibility Area. A detailed
fuel modification plan from a licensed landscape architect or professional
engineer is required prior to final map approval.
221. ECS - Water System Installed Prior to Bldg. ECS map must be stamped by
the Riverside County Surveyor with the following note:
The required water system including fire hydrants shall be installed and
accepted by the appropriate water agency prior to any combustible
building materials being placed on an individual lot.
Prior to Issuance of Grading Permit
222. Fuel Modification Plan. Prior to the issuance of a grading permit, the
developer shall prepare and submit to the fire department for approval a fire
protection/vegetation management that should include but not limited to the
following items:
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a) Fuel modification to reduce fire loading.
b) Appropriate fire breaks according to fuel load, slope and terrain.
c) Non flammable walls along common boundaries between rear yards and
open space areas shall be provided at intervals not to exceed 1500’.
d) A homeowner’s association or appropriate district shall be responsible for
maintenance of all fire protection measures within the open space areas.
ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE
DEPARTMENT FUEL MODIFICATION REQUIREMENTS SHALL HAVE
CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER
CONSERVATION AGENCY.
Prior to Issuance of Building Permit
223. Tract Water Verification. The required water system, including all fire
hydrant(s), shall be installed and accepted by the appropriate water agency
and the Riverside County Fire Department prior to any combustible building
material placed on an individual lot. Contact the Riverside County Fire
Department to inspect the required fire flow, street signs, all weather surface
and all access primary and/or secondary. Approved water plans must be on the
job site.
224. Sprinkler System Residential. Residential fire sprinklers are required in all
one and two family dwellings per the California Residential code, California
Building Code and the California Fire Code. Install Fire Sprinkler Systems per
NFPA 13D, 2013 Edition. Plans must be submitted to the Fire Department for
review and approval prior to building permit issuance.
Prior to Final Inspection
225. Sprinkler System Residential. Residential fire sprinklers are required in all
one and two family dwellings per the California Residential code, California
Building Code and the California Fire Code. Install Fire Sprinkler Systems per
NFPA 13D, 2013 Edition. Installation of the fire sprinklers will be verified prior
to issuance of occupancy.
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Section V:
Riverside County Environmental
Health Conditions of Approval
64
General Conditions
226. Eastern Municipal Water District. Eastern Municipal Water District (EMWD)
potable water service and sanitary sewer service is proposed. It is the
responsibility of the developer to ensure that all other requirements to obtain
potable water service and sanitary sewer service are met with EMWD, as well
as, all other applicable agencies.
227. Retention Basins. Any proposed retention basins shall be constructed and
maintained in a manner that prevents vector breeding and vector nuisance.
Prior to Final Map
228. Water System. A water system shall have plans and specifications approved
by Eastern Municipal Water District and the Department, the City Engineering
Department, of Environmental Health.
229. Financial Arrangements. Financial arrangements (securities posted) must be
made for the water improvement plans and be approved by City Attorney.
230. Sewer System. A sewer system shall have mylar plans and specifications as
approved by the Eastern Municipal Water District, the City Engineering
Department and the Department of Environmental Health.
231. Annexation. Annexation proceedings must be finalized with the applicable
purveyor for sanitation service.
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Section VI:
Riverside County Environmental
Programs Department
Conditions of Approval
66
Prior to Issuance of Grading Permit
232. Burrowing Owl Preconstruction 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 City of Menifee Community Development Department.
If it is determined that the project site is occupied by the Burrowing Owl, take of
"active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird
Treaty Act. However, when the Burrowing Owl is present, relocation outside of
the nesting season (March 1 through August 31) by a qualified biologist shall
be required. The City shall be consulted to determine appropriate type of
relocation (active or passive) and translocation sites. Occupation of this
species on the project site may result in the need to revise grading plans so
that take of "active" nests is avoided or alternatively, a grading permit may be
issued once the species has been actively relocated.
If the grading permit is not obtained within 30 days of the survey a new survey
shall be required.
If the site is not precise graded within than six (6) months of the rough and/or
mass grading of the site, or if construction and/or disturbance of the site is
suspended for a period of six (6) months or more, a new survey shall be
required.