PC16-249 EXHIBIT “A”
Conditions of Approval for
Tentative Tract Map No. 31856
per Extension of Time No. 2015-154
for a Residential Subdivision of 24.11 acres into
77 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. 31856 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. 31856, Amended No. 1, dated
3/04/2004.
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
2. Project Description. The land division hereby permitted is to subdivide 24.11
acres into 77 single family lots with a 7,200 sq. ft. minimum lot size and a 1.3
acre park.
3. Indemnification. Applicant/developer shall indemnify, defend, and hold
harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors,
consultants, and agents from and against any and all claims, liabilities, losses,
fines, penalties, and expenses, including without limitation litigation expenses
and attorney’s fees, arising out of either the City’s approval of the Project or
actions related to the Property or the acts, omissions, or operations of the
applicant/developer and its directors, officers, members, partners, employees,
agents, contractors, and subcontractors of each person or entity comprising the
applicant/developer with respect to the ownership, planning, design,
construction, and maintenance of the Project and the Property for which the
Project is being approved. In addition to the above, within 15 days of this
approval, the developer/applicant shall enter into an indemnification agreement
with the City. The indemnification agreement shall be substantially the same
as the form agreement currently on file with the City.
4. Ninety (90) Days to Protest. The land divider has ninety (90) days from the
date of approval of these conditions to protest, in accordance with the
procedures set forth in Government Code Section 66020, the imposition of any
and all fees, dedications, reservations and/or other exactions imposed on this
project as a result of the approval or conditional approval of this project.
5. Newly Incorporated City. The City of Menifee is a new City incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. In
the future the City of Menifee will identify and put in place various processing
fees to cover the reasonable cost of the services provided. The City also will
identify and fund mitigation measure under CEQA through development impact
fees. The developer understands and agrees to pay such fees.
Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are
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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. 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
7. 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.
8. 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.
9. 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 65 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.
EXCEPT AS ALLOWED BY ORDINANCE NO. 348, THERE SHALL BE NO
ENCROACHMENT INTO THE SETBACK.
10. Design Guidelines. The land divider shall comply with the Countywide Design
Standards and Guidelines. The land divider shall comply with the "DESIGN
STANDARDS & GUIDELINES, THIRD AND FIFTH SUPERVISORIAL
DISTRICTS, COUNTY OF RIVERSIDE," adopted by the Board of Supervisors,
July 17, 2001. This condition applies only to the minimum lot width of 65 feet
and 35 feet for lots located on a knuckle or cul-de-sac. All other design issues
shall comply with the Riverside County Design Guidelines adopted by the
Board of Supervisors on January 13, 2004.
11. Minor Plot Plans Required. For each of the below listed items, a minor plot
plan application shall be submitted and approved by the Community
Development Department pursuant to Section 18.30.a. (1) of County Ordinance
No. 348 (Plot Plans not subject to the California Environmental Quality Act and
not subject to review by any governmental agency other than the Community
Development Department) along with the current fee.
1) Final Site Development Plan for each phase of development.
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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.
12. 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.
13. Park Annexation. All parklands must be annexed into a Communities
Facilities District or other acceptable mechanism as determined by the City of
Menifee.
14. 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.
15. 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.
16. 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.
17. Off Highway Vehicle Use. No off highway vehicle use shall be allowed on any
parcel or open space area located within the boundaries of this land division
map.
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FEES
18. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research
fee), or other such review fee as may be in effect at the time of 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
19. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin.
Further, pursuant to Public Resource Code Section 5097.98(b) remains shall
be left in place and free from disturbance until a f inal decision as to the
treatment and disposition has been made. If the Riverside County Coroner
determines the remains to be Native American, the Native American Heritage
Commission shall be contacted within the period specified by law (24 hours).
Subsequently, the Native American Heritage Commission shall identify the
"most likely descendant." The most likely descendant shall then make
recommendations and engage in consultation concerning the treatment of the
remains as provided in Public Resources Code Section 5097.98. Human
remains from other ethnic/cultural groups with recognized historical
associations to the project area shall also be subject to consultation between
appropriate representatives from that group and the Property Owner.
20. Inadvertent Archeological Find.
If during ground disturbance activities, unique cultural resources are
discovered that were not assessed by the archaeological report(s) and/or
environmental assessment conducted prior to project approval, the following
procedures shall be followed. Unique cultural resources are defined, for this
condition only, as being multiple artifacts in close association with each other,
but may include fewer artifacts if the area of the find is determined to be of
significance due to its sacred or cultural importance as determined in
consultation with the Native American Tribe(s).
i. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
developer, the archaeologist, the tribal representative(s) and the
Community Development Director to discuss the significance of the find.
ii. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
iii. Grading of further ground disturbance shall not resume within the area of
the discovery until an agreement has been reached by all parties as to
the appropriate mitigation.
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iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Treatment and Monitoring
Agreements entered into with the appropriate tribes. This may include
avoidance of the cultural resources through project design, in-place
preservation of cultural resources located in native soils and/or re-burial
on the Project property so they are not subject to further disturbance in
perpetuity.
v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the
preferred method of preservation for archaeological resources and
cultural resources. If the landowner and the Tribe(s) cannot agree on the
significance or the mitigation for the archaeological or cultural resources,
these issues will be presented to the City Community Development
Director for decision. The City Community Development Director shall
make the determination based on the provisions of the California
Environmental Quality Act with respect to archaeological resources,
recommendations of the project archeologist and shall take into account
the cultural and religious principles and practices of the Tribe.
Notwithstanding any other rights available under the law, the decision of
the City Community Development Director shall be appealable to the City
Planning Commission and/or City Council.”
21. Inadvertent Paleontological Find. Should fossil remains be encountered
during site development:
1) All site earthmoving shall be ceased in the area of where the fossil
remains are encountered. Earthmoving activities may be diverted to
other areas of the site.
2) The applicant shall retain a qualified paleontologist approved by the
County of Riverside.
3) The paleontologist shall determine the significance of the encountered
fossil remains.
4) Paleontological monitoring of earthmoving activities will continue
thereafter on an as-needed basis by the paleontologist during all
earthmoving activities that may expose sensitive strata. Earthmoving
activities in areas of the project area where previously undisturbed strata
will be buried but not otherwise disturbed will not be monitored. The
supervising paleontologist will have the authority to reduce monitoring
once he/she determines the probability of encountering any additional
fossils has dropped below an acceptable level.
5) If fossil remains are encountered by earthmoving activities when the
paleontologist is not onsite, these activities will be diverted around the
fossil site and the paleontologist called to the site immediately to recover
the remains.
6) Any recovered fossil remains will be prepared to the point of identification
and identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled
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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 scientif ic investigators.
*The City of Menifee must be consulted on the repository/museum to receive the
fossil material prior to being curated.
LANDSCAPING
22. Landscaping. All plant materials within landscaped common areas shall be
maintained in a viable growth condition throughout the life of this permit. To
ensure that this occurs, the Community Development Department shall require
inspections in accordance with the Community Development Department’s
landscaping installed and inspected conditions.
23. Trail Maintenance. The land divider, or any successor-in-interest to the land
divider, shall be responsible for maintenance and upkeep of any trail easement
required under these conditions until such time as the maintenance is taken
over by a Communities Facilities District or any other appropriate maintenance
district.
24. Interim Landscaping. Graded but undeveloped land shall be maintained in a
condition so as to prevent a dust and/or blow sand nuisance and shall be either
planted with interim landscaping or provided with other wind and water erosion
control measures as approved by the Community Development Department
and the South Coast Air Quality Management District (SCAQMD).
25. Front and Side Yard Landscaping Maintenance Responsibility. The
owners of each individual lot shall be responsible for maintaining all
landscaping between the curb of the street and the proposed sidewalk and side
yard landscaping between the curb of the street and proposed fencing, unless
the landscaping is included within a separate common lot maintained by an
HOA or other entity acceptable to the City of Menifee.
26. Landscape Maintenance. The land divider, or any successor-in-interest to the
land divider, shall be responsible for maintenance and upkeep of all slopes,
landscaped areas and irrigation systems within the land division until such time
as those operations are the responsibility of a property owner’s association, or
any other successor-in-interest.
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Prior to Phasing
27. Preliminary Phase Grading. Prior to the approval of an application for a
division into units or phasing plan for the TENTATIVE MAP, a conceptual
grading plan covering the entire TENTATIVE MAP shall be submitted to the
City of Menifee Community Development Department for review and approval.
The preliminary grading plan shall comply with the following:
1) Techniques which will be used to prevent erosion and sedimentation
during and after grading process shall be depicted and documented.
2) Approximate time frames for grading and areas which may be graded
during the higher probability rain months of January through March shall
be identified.
3) Preliminary pad and roadway elevations shall be depicted.
4) Areas where temporary grading occurs on any phase other than the one
being graded for development at a particular time shall be identified.
The approved preliminary grading plan shall be provided to the Building and
Safety – Plan Check Division and shall be used as a guideline for subsequent
detailed grading plans for individual units or phases of the TENTATIVE MAP.
28. 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
29. 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.
30. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land
surveyor or registered civil engineer.
31. 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.
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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 (350
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.
32. 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.
33. 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 ___.
34. 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.”
35. ECS Note Paleontologic. The following Environmental Constraints Note shall
be placed on the ECS:
County Paleontological Report No. PD-A-3256 was prepared for this property
on 01/05/2004 by Michael Brandman Associates and is on file at the County of
Riverside Planning Department.
36. ECS Note Archeological. The following Environmental Constraints Note shall
be placed on the ECS:
"County Archaeological Report no. PD-A-3256 was prepared for this
property on 01/05/2004 by Michael Brandman Associates and is on file at
the County of Riverside Planning Department. The property is not subject
to surface alteration restrictions based on the results of the report."
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37. ECS Note Biological. The following Environmental Constraints Note shall be
placed on the ECS:
"County Biological Report No. PD-B-2607 was prepared for this property on
01/05/2004 by Michael Brandman Associates and is on file at the County of
Riverside Planning Department. Biological resources requiring protection
include, but are not limited to, burrowing owl. The property is not subject to
biological resources restrictions based on the results of the report."
38. 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.
c. The maintenance organization shall be established prior to or concurrent
with the recordation of the first land division.
39. 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,
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2. A sample document, conveying title to the purchaser, of an individual lot
or unit which provides that the declaration of covenants, conditions and
restrictions is incorporated therein by reference; and,
3. A deposit equaling three (3) hours of the current hourly fee for Review of
Covenants, Conditions and Restrictions established pursuant to the City’s
fee schedule at the time the above referenced documents are submitted
to the Community Development Department for review by the City
Attorney.
The declaration of covenants, conditions and restrictions submitted for review
shall a) provide for a minimum term of sixty (60) years, b) provide for the
establishment of a property owners' association comprised of the owners of
each individual lot or unit as tenants in common, and c) contain the following
provisions verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the
following provisions shall apply:
The property owners' association established herein shall, if dormant, be
activated, by incorporation or otherwise, at the request of the City, and
the property owners' association shall unconditionally accept from the City
of Menifee, upon the City’s demand, title to all or any part of the 'common
area', more particularly described on Exhibit 'A' attached hereto. The
decision to require activation of the property owners' association and the
decision to require that the association unconditionally accept title to the
'common area' shall be at the sole discretion of the City
In the event that the 'common area', or any part thereof, is conveyed to
the property owners' association, the association, thereafter, shall own
such 'common area', shall manage and continuously maintain such
'common area', and shall not sell or transfer such 'common area' or any
part thereof, absent the prior written consent of the Community
Development Director of the City or the City's successor-in-interest. The
property owners' association shall have the right to assess the owners of
each individual lot or unit for the reasonable cost of maintaining such
'common area', and shall have the right to lien the property of any such
owner who defaults in the payment of a maintenance assessment. An
assessment lien, once created, shall be prior to all other liens recorded
subsequent to the notice of assessment or other document creating the
assessment lien.
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
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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.
40. 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;
(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.
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- The property owners' association shall have the right to assess
the owners of each individual lot or unit for the reasonable cost
of managing such 'common area', and shall have the right to
lien the property of any such owner who defaults in the
payment of a management assessment. The property owners'
association established herein shall regulate individual private
lot development standards.
- The owners of each individual lot shall be responsible for
maintaining all landscaping between the curb of the street and
the proposed sidewalk and side yard landscaping between the
curb of the street and proposed fencing, unless the
landscaping is located within a separate common lot.
- An assessment lien, once created, shall be prior to all other
liens recorded subsequent to the notice of assessment or
other document creating the assessment lien.
- This Declaration shall not be terminated, 'substantially'
amended, or property de-annexed there from absent the prior
written consent of the Community Development Director of the
City of Menifee.”
(ii) A proposed amendment shall be considered 'substantial' if it
affects the extent, usage, or maintenance of the 'common area'
established pursuant to the Declaration.”
(iii) “In the event of any conflict between this Declaration and the
Articles of Incorporation, the Bylaws, or the property owners'
association Rules and Regulations, if any, this Declaration shall
control."
(iv) "The management and maintenance of the project site in
accordance with the Storm Water Pollution Prevention Plans
(SWPPPs), Monitoring Programs, and Post Construction
Management Plans to include the following best management
practices (BMPs) to reduce storm water pollution: Initial residents,
occupants, or tenants of this site shall receive educational
materials on good housekeeping practices which contribute to the
protection of storm water quality. These educational materials
shall be provided by the Riverside County Flood Control and
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).
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- 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
(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
41. 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
42. 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.
43. 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.
44. Stephens’ Kangaroo Rat (SKR) Fees. Prior to the issuance of a grading
permit, the land divider/permit holder shall comply with the provisions of
Riverside County Ordinance No. 663, which generally requires the payment of
the appropriate fee set forth in that ordinance. The amount of the fee required
to be paid may vary depending upon a variety of factors, including the type of
development application submitted and the applicability of any fee reduction or
exemption provisions contained in Riverside County Ordinance No. 663. Said
fee shall be calculated on the approved development project which is
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anticipated to be 24 acres (gross) in accordance with the TENTATIVE MAP. If
the development is subsequently revised, this acreage amount may be
modified in order to reflect the revised development project acreage amount. In
the event Riverside County Ordinance No. 663 is rescinded, this condition will
no longer be applicable. However, should Riverside County Ordinance No. 663
be rescinded and superseded by a subsequent mitigation fee ordinance,
payment of the appropriate fee set forth in that ordinance shall be required.
45. 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.
46. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management
District (SCAQMD) Rule 403. The permittee shall include in construction
contracts the control measures required under Rule 403 at the time of
development, including the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius)
must be swept (preferably with water weepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a ten (10) percent
surface soil moisture content throughout all earth moving activities. All
unpaved demolition and construction areas shall be wetted at least twice
daily during excavation and construction, and temporary dust covers shall be
used to reduce dust emissions and meet SCAQMD District Rule 403.
Wetting could reduce fugitive dust by as much as fifty percent (50%).
b. Water active grading/excavation sites and unpaved surfaces at least three
(3) times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two (2) hours of active operations;
d. Site access points must be swept/washed within thirty (30) minutes of
visible dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or dusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
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j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed twenty-five (25) mph;
l. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed fifteen (15) miles per hour over a thirty (30) minute period or more, so
as to prevent excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to fifteen (15) miles per
hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
r. All materials transported off-site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction
site that identifies the permitted construction hours and provides a telephone
number to call and receive information about the construction project or to
report complaints regarding excessive fugitive dust generation. Any
reasonable complaints shall be rectified within twenty-four (24) hours of their
receipt.
ARCHEOLOGY
47. Paleontologist Required. This site is mapped in the County's General Plan as
having a high potential for paleontological resources (fossils). Therefore,
PRIOR TO ISSUANCE OF GRADING PERMITS:
The permittee shall retain a qualified paleontologist approved by the City of
Menifee to create and implement a project-specific plan for monitoring site
grading/earthmoving activities (project paleontologist).
The project paleontologist retained shall review the approved development plan
and shall conduct any pre-construction work necessary to render appropriate
monitoring and mitigation requirements as appropriate. These requirements
shall be documented by the project paleontologist in a Paleontological
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Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted
to the Planning Department for review and approval prior to issuance of a
Grading Permit.
Information to be contained in the PRIMP, at a minimum and in addition to
other industry standard and Society of Vertebrate Paleontology standards, are
as follows
A. The project paleontologist shall participate in a pre-construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction,
as applicable.
B. Paleontological monitoring of earthmoving activities will be conducted
on an as-needed basis by the project paleontologist during all
earthmoving activities that may expose sensitive strata. Earthmoving
activities in areas of the project area where previously undisturbed strata
will be buried but not otherwise disturbed will not be monitored. The
project paleontologist or his/her assign will have the authority to reduce
monitoring once he/she determines the probability of encountering fossils
has dropped below an acceptable level.
C. If the project paleontologist finds fossil remains, earthmoving activities
will be diverted temporarily around the fossil site until the remains have
been evaluated and recovered. Earthmoving will be allowed to proceed
through the site when the project paleontologist determines the fossils
have been recovered and/or the site mitigated to the extent necessary.
D. If fossil remains are encountered by earthmoving activities when t he
project paleontologist is not onsite, these activities will be diverted around
the fossil site and the project paleontologist called to the site immediately
to recover the remains.
E. If fossil remains are encountered, fossiliferous rock will be recovered
from the fossil site and processed to allow for the recovery of smaller
fossil remains. Test samples may be recovered from other sampling sites
in the rock unit if appropriate.
F. Any recovered fossil remains will be prepared to the point of
identification and identified to the lowest taxonomic level possible by
knowledgeable paleontologists. The remains then will be curated
(assigned and labeled with museum* repository fossil specimen numbers
and corresponding fossil site numbers, as appropriate; places in
specimen trays and, if necessary, vials with completed specimen data
cards) and catalogued, an associated specimen data and corresponding
geologic and geographic site data will be archived (specimen and site
numbers and corresponding data entered into appropriate museum
repository catalogs and computerized data bases) at the museum
repository by a laboratory technician. The remains will then be
accessioned into the museum* repository fossil collection, where they will
be permanently stored, maintained, and, along with associated specimen
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and site data, made available for future study by qualified scientific
investigators.
* The City of Menifee must be consulted on the repository/museum to
receive the fossil material prior to being curated.
G. A qualified paleontologist shall prepare a report of findings made
during all site grading activity with an appended itemized list of fossil
specimens recovered during grading (if any). This report shall be
submitted to the Planning Department for review and approval prior to
building final inspection as described elsewhere in these conditions.
All reports shall be signed by the project paleontologist and all other
professionals responsible for the report's content (e.g., Professional Geologist,
Professional Engineer, etc.), as appropriate. Two wet-signed original copies of
the report shall be submitted directly to the Planning Department along with a
copy of this condition and the grading plan for appropriate case processing and
tracking.
Prior to Issuance of Building Permit
48. 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.
49. 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 County-wide Design Guidelines.
50. 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.
51. Utilities Underground. All utility extensions within a lot shall be placed
underground.
52. 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.
53. 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.
54. Conform to Final Site of Development Plan. The building plans shall be
consistent with the approved elevations of the final site of development plans.
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The building plans shall be reviewed for consistency with the final site of
development plans prior to Building Permit issuance.
55. 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
56. Park Plans. Conceptual and working/construction plans for the park shall be
reviewed and approved prior to issuance of a building permit. Prior to building
permit issuance, the applicant shall submit a conceptual park plan to the City of
Menifee Community Development 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. A
restroom building and tot lots are required within the park.
After approval of the conceptual plan, but prior to building permit issuance,
working drawings for the park shall be submitted to the Engineering and Public
Works Department for review and approval. The working drawings shall be
consistent with the conceptual plans. The plans shall be consistent with
Menifee Municipal Code Chapter 9.86 and Park Design Guidelines, and with
Menifee Municipal Code Chapter 15.04 for water efficient landscaping. Please
contact the Engineering and Public Works Department regarding submittal
requirements for the working drawings.
57. Landscaping Plans. The land divider/permit holder shall file five (5) sets of a
Landscaping and Irrigation Plan to the Community Development Department
for review and approval. Said plan shall be submitted to the Department in the
form of a plot plan application pursuant to Ordinance No. 348, Section
18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act
and not subject to review by any governmental agency other than the
Community Development Department), along with the current fee. The plan
shall be in compliance with City Requirements, Menifee Municipal Code
Chapter 15.04 and Chapter 9.86, Ordinance 348 Section 18.12, Sections
19.300 through 19.304., and the TENTATIVE MAP conditions of approval.
The plan shall address all areas and conditions of the tract requiring
landscaping and irrigation to be installed including, but not limited to, slope
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planting, common area, 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
and feasible, rain shutoff devices shall be employed to prevent irrigation
after significant precipitation. Irrigation systems shall be designed so
areas which have different water use requirements are not mixed on the
same station (hydro zones). Assistance in implementing a schedule
based on plant water needs is available from CIMIS or Mobile Lab. The
use of drip irrigation should be considered for all planter areas that have a
shrub density that will cause excessive spray interference of an overhead
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irrigation system. Use flow reducers to mitigate br oken 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 park shall be consistent with the
Tentative Map.
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.
58. Entry Monument Plans. The land divider/permit holder shall file three (3) sets
of an Entry Monument plot plan to the Community Development Department for
review and approval. Said plan shall be submitted to the Department in the
form of a plot plan application pursuant to Ordinance No. 348, Section
18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act
and not subject to review by any governmental agency other than the
Community Development Department), along with the current fee. The plan
shall be in compliance with Section 18.12, and the TENTATIVE MAP
conditions of approval.
The plot plan shall contain the following elements:
1) A color rendering of a frontal view of all/the entry monument(s) with
landscaping.
2) A plot plan of the entry monuments with landscaping drawn to an
engineer's scale. If lighting is planned, the location of lights, their intended
direction, and proposed power shall be indicated.
3) An irrigation plan for the entry monument(s).
NOTE: The requirements of this plot plan may be incorporated with any
minor plot plan required by the conditions of approval for this subdivision.
However, this ENTRY MONUMENT condition of approval shall be cleared
individually.
59. Model Home Complex. A plot plan application shall be submitted to the
Community Development Department pursuant to Section 18.30.a.(1) of
Ordinance No. 348 (Plot Plans not subject to the California Environmental
Quality Act and not subject to review by any governmental agency other than
the Community Development Department), along with the current fee.
The Model Home Complex plot plan shall contain the following elements:
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1) An engineer's scaled plan showing the model home lots, lot numbers,
tract number, and north arrow.
2) Show front, side and rear yard setbacks.
3) Provide two dimensioned off street parking spaces per model and one
parking space for office use. The plan must have one accessible parking
space.
4) Show detailed fencing plan including height and location.
5) Show typical model tour sign locations and elevation.
6) Three (3) sets of photographic or color laser prints (8" X 10") of the
sample board and colored elevations shall be submitted for permanent
filing and agency distribution after the Community Development
Department has reviewed and approved the sample board and colored
elevations in accordance with the approved Design Manual and other
applicable standards. All writing must be legible. Three (3) matrix sheets
showing structure colors and texture schemes shall be submitted.
7) Provide a Model Home Complex landscape and irrigation plan.
NOTES: The Model Home Complex plot plan shall not be approved without
Final Site Development Plan approval, or concurrent approval of both. See the
Community Development Department Model Home Complex application for
detailed requirements.
The requirements of this plot plan may be incorporated with any minor plot plan
required by the subdivision's conditions of approval. However, this MODEL
HOME COMPLEX condition of approval shall be cleared individually.
The applicant will be required to enter into a model home complex agreement
with the City of Menifee. The agreement stipulates terms for removal of the
complex.
The model home complex plan shall be approved prior to issuance of a
Building Permit.
60. Final Site of Development Plan. A plot plan application shall be submitted to
the Community Development Department pursuant to Section 18.30.a.(1) of
Ordinance No. 348 (Plot Plans not subject to the California Environmental
Quality Act and not subject to review by any governmental agency other than
the Community Development Department), along with the current fee.
Subdivision development shall conform to the approved plot plan and shall
conform to the Countywide Design Guidelines.
The plot plan shall be approved by the Community Development Director prior
to issuance of Building Permits for lots included within that plot plan.
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The plot plan shall contain the following elements:
1) A final site plan (40' scale precise grading plan) showing all lots, building
footprints, setbacks, mechanical equipment and model assignments on
individual lots.
2) Each model floor plan and elevations (all sides).
3) Three (3) sets of photographic or color laser prints (8" x 10") of the
sample board and colored elevations shall be submitted for permanent
filing and agency distribution after the Community Development
Department has reviewed and approved the sample board and colored
elevations in accordance with the approved 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
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.
61. 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
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Section 18.12, 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).
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 split-faced block (were exposed/one-sided) and
a masonry cap. 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. View
fencing (tubular steel or opaque) or a combination of block and view
fencing shall be utilized above retaining walls exceeding 3 feet in height
so that the maximum height of block walls, including retaining, does not
exceed 6 feet.
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J. Wall construction and heights shall conform with applicable noise
mitigation.
LANDSCAPING
62. 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.
63. 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.
64. 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
65. 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.
66. Romoland School District. Impacts to the Romoland School District shall be
mitigated in accordance with California State law.
67. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
68. 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
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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
69. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this tract map which must be
satisfied prior to the issuance of final occupancy. The Community Development
Director may require inspection or other monitoring to ensure such compliance.
70. 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.
71. 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.
72. Entry Monuments. Prior to the first occupancy within the tract, entry
monuments shall be installed in accordance with the approved entry monument
plans.
73. 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.
74. Driveways. The land divider/permit holder shall cause all driveways to be
constructed of cement concrete.
75. Roll Up Garage Doors. All residences shall have automatic roll-up garage
doors.
76. 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.
77. 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.
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LANDSCAPING
78. 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?”
79. Landscape/Irrigation Install Inspection
The permittee landscape architect responsible for preparing the Landscaping
and Irrigation Plans shall arrange for a Pre-Landscape installation inspection
and a Landscape Completion Installation Inspection with the Community
Development Department. The pre-landscape inspection shall be arranged at
least fifteen (15) working days prior to installation of landscaping. The
landscape completion inspection shall be arranged at least fifteen (15) working
days prior to final inspection of the structure or issuance of occupancy permit,
whichever occurs first. Six Month and One Year Post-Establishment Inspection
will also be required. The Community Development Department will require a
deposit in order to conduct the landscape inspections.
80. 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.
81. 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
82. 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.
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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. 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.
83. MSHCP Fees. Prior to the issuance of either a certificate of occupancy or prior
to Building Permit final inspection, the applicant shall comply with the
provisions of Ordinance No. 810, which requires payment of the appropriate
fee set forth in the Ordinance. Ordinance No. 810 has been established to set
forth policies, regulations and fees related to the funding and acquisition of
open space and habitat necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance.
The fee shall be paid for each residential unit to be constructed within this land
division.
In the event Ordinance No. 810 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 810 be rescinded and superseded
by a subsequent mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
84. 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.
85. 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
86. Park Construction. The park and amenities located within Lot 78 (as shown
on the final map) shall be installed and open to the public prior to issuance of
the 41st building permit within the subdivision (all phases). The park and
amenities shall be installed per the City approved park plans. The park and
amenities will be inspected by City 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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The following are the Public Works Engineering Department Conditions of Approval for
this project which shall be satisfied at no cost to the City or any other Government
Agency. All questions regarding the intent of the following conditions shall be referred to
the Public Works Engineering Department, Land Development Section. The
developer/property owner shall use the standards and design criteria stated in the
following conditions, and shall comply with all applicable City of Menifee standards and
ordinances. Should a conflict arise between City of Menifee standards and design
criteria, and any other standards and design criteria, those of the City of Menifee shall
prevail.
A. GENERAL CONDITIONS:
87. Subdivision Map Act - The developer/property owner shall comply with the
State of California Subdivision Map Act.
88. All improvement plans and grading plans shall be drawn on twenty-four (24) inch
by thirty-six (36) inch Mylar and signed by a registered civil engineer or other
registered/licensed professional as required.
89. Plan Check Submittals - Appropriate plan check submittal forms shall be
completed and required plan copies, necessary documents, references, fees,
deposits, etc. shall be submitted as outlined in the City approved submittal forms.
All submittals shall be date stamped by the engineer. All large format plans shall
be bulk folded to 9”x12”. A CD of all items shall be submitted with each plan
check. A scanned image of all final approved grading and improvement plans
shall be provided to the City. ACAD files 2004 or later are required for all final
maps upon approval.
90. Plan Submittals and Approvals – A copy of the improvement plans, grading
plans and any other necessary documentation along with supporting hydrologic
and hydraulic calculations shall be submitted to the PW Engineering Department
for review. The plans must receive PW approval prior to final map recordation; or
issuance of any construction and/or grading permit or issuance of building
permits as determined by the PW Director.
91. As -Built Plans – The developer/property owner shall cause the civil engineer of
record to submit project base line of work for all layers in Auto CAD DXF format
on Compact Disc (CD) to the Public Works Department. If the required files are
unavailable, the developer/property owner shall pay a scanning fee to cover the
cost of scanning the as-built plans. The timing for submitting the as-built plans
shall be as determined by the Public Works Director/City Engineer.
92. Construction Times of Operation. The developer/property owner shall monitor,
supervise, and control all construction and construction related activities to
prevent them from causing a public nuisance including, but not limited to, strict
adherence to the following:
(a) Any construction within the City limits located 1/4 of a mile from an occupied
residence shall be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Saturday, except on nationally recognized holidays in accordance
with Municipal Code Section 8.01.020. Construction on Sunday or nationally
recognized holidays are not permitted unless prior approval is obtained from
the City Building Official or City Engineer.
(b) Removal of spoils, debris, or other construction materials deposited on any
public street no later than the end of each working day.
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(c) The construction site shall accommodate the parking of all motor vehicles
used by persons working at or providing deliveries to the site. Violation of
any condition or restriction or prohibition set forth in these conditions shall
subject the owner, applicant to remedies as set forth in the City Municipal
Code. In addition, the Public Works Director or the Building Official may
suspend all construction related activities for violation of any condition,
restriction or prohibition set forth in these conditions until such a time it has
been determined that all operations and activities are in conformance with
these conditions.
(d) A Pre-Construction meeting is mandatory with the City’s Public Works Senior
Inspector prior to start of any construction activities for this site.
93. Bond Agreements and Improvement Security – The developer/property owner
shall post bonds or security in forms acceptable to the City, guaranteeing the
construction of all required grading and improvements in accordance with
applicable City policies and ordinances, and as determined by the Public Works
Director/City Engineer. The grading and improvements shall include, but not
limited to: onsite/offsite grading, street improvements, street lights, traffic signals,
signing and striping, landscaping within right of way or dedicated easements,
water quality BMPs, and storm drainage facilities.
94. Map Phasing – The tract map maybe developed in multiple phases. If the
developer/property owner elects to develop in multiple phases, an application for
map phasing shall be submitted to the Community Development Department for
City review and approval. Phased final maps shall be in substantial conformance
with approved tentative map. Prior to recordation, financial security shall be
provided for all required improvements with each map phase. The Public Works
Director may require the dedication and construction of necessary utilities,
streets or other improvements outside the area of any particular tract map phase
if the improvements are needed for circulation, parking and access or for the
welfare or safety of future occupants of the development.
95. Existing Easements - The submitted tentative tract map shall correctly show all
existing easements, traveled ways, and drainage courses with appropriate Qs.
Any omission or misrepresentation of these documents may require said
tentative tract map to be resubmitted for further consideration.
96. If multiple tract map phases are filed for recordation, they may be recorded
concurrently, or in phases. If recorded in phases, the recordation shall be done in
the order approved by the Public Works Director/City Engineer.
97. Garage door setbacks for all residential zones shall be 20 feet for roll up doors,
measured from the street right-of-way to the face of garage. If conventional swing
out doors are used, an additional 4 feet will be required. Side entry garages shall
comply with minimum building setback requirements.
B. GRADING
98. All grading shall conform to the latest adopted edition of the California Building
Code, City adopted Riverside County Ordinance 457, applicable City design
standards and specifications, City ordinances, policies, rules and regulations
governing grading in the City. These include improvement such as grading,
filling, over excavation and re-compaction of base or paving which require a
grading permit.
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99. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works
Engineering Department.
100. A slope stability report shall be submitted and approved by the PW -Engineering
Department for all proposed cut or fill slopes steeper than 2:1 (horizontal:vertical)
or over 30 feet in vertical height - unless addressed in a previously City approved
report.
101. Erosion Control Plans – All grading plans shall require approved erosion control
plans. Graded but undeveloped land shall provide, in addition to erosion control
planting, drainage facilities deemed necessary to control or prevent erosion.
Erosion and sediment control Best Management Practices (BMPs) are required
year round in compliance with the State Water Resources Control Board
(SWRCB) General Construction Permit. Additional erosion protection may be
required during a rain event, or before an anticipated rain event.
102. Dust Control - During actual grading, all necessary measures to control dust
shall be implemented by the developer/property owner in accordance with Air
Quality Management District (AQMD) requirements. A watering device shall be
present and in use at the project site during all grading operations.
Prior to Final Map Recordation
103. Offsite Grading Easements - Prior to final map recordation, or issuance of a
grading permit or building permit, whichever occurs first or as determined by the
PW Director, the developer/property owner shall obtain all required easements
and/or permissions necessary to perform offsite grading, from affected land
owners. A notarized and recorded agreement or documents shall be submitted to
the Public Works Engineering Department.
Prior to Issuance of Grading Permit
104. Geotechnical and Soils Reports Requirement – Current or updated
geotechnical soils report is required in order to obtain a grading permit. The
report shall be submitted to the PW – Engineering Department for review and
approval prior to issuance of a grading permit. A copy of the preliminary soils
report that includes pavement investigation addressing construction requirements
within public ROW shall be submitted prior to map recordation.
All grading shall be in conformance with the recommendations of the
geotechnical/soils reports and as approved by PW Director. The
geotechnical/soils, compaction and inspection reports will be reviewed in
accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR
REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS.
105. Grading Permit for Clearing and Grubbing – A grading permit is required from
the PW-Engineering Department prior to any clearing, grubbing, or any top-soil
disturbances related to construction grading activities.
106. Slope Landscaping and Irrigation – All slopes greater than or equal to 3 feet in
vertical height shall be irrigated and landscaped with grass or ground cover.
Slopes exceeding 15 feet in vertical height shall be irrigated and planted with
shrubs and/or trees per City adopted Riverside County Ordinance 457. Drip
irrigation shall be used for all irrigated slopes.
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107. Slope Erosion Control Plan - Erosion control and/or landscape plans are
required for manufactured slopes greater than 3 feet in vertical height. The plans
shall be prepared and signed by a registered landscape architect, and bonded
per City adopted Riverside County Ordinance 457.
108. Temporary Erosion Control Measures - shall be implemented immediately
following rough grading to prevent deposition of debris onto downstream
properties or drainage facilities. Plans showing these measures shall be
submitted to PW Engineering for review and approval.
109. 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.
110. 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.
111. 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.
112. Grading Bonds – Prior to commencing any grading of 50 or more cubic yards of
dirt, the applicant shall obtain a grading permit from the PW -Engineering
Department. Furthermore, prior to the issuance of the grading permit for grading
involving more than 199 cubic yards of dirt, the developer/property owner shall
post adequate performance grading security with the Public Works Engineering
Department.
113. Import/Export – Prior to issuance of a grading permit, grading plans involving
import or export of dirt shall require approval of the import/export locations from
the Public Works Engineering Department. Additionally, if such locations were
not previously approved by an Environmental Site Assessment, a Grading
Environmental Site Assessment shall be submitted for review and approval by
the Community Development and the Public Works Engineering Departments
prior to issuance of any grading permit. A haul route must be submitted for
approval by the Engineering department prior to grading operations.
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Prior to Issuance of Building Permit
114. No Building Permit without Grading Permit - Prior to issuance of any building
permit, the developer/property owner shall obtain a grading permit and/or
approval to construct from the Public Works Engineering Department.
115. Final Rough Grading Conditions – Prior to issuance of each building permit,
the developer/property owner shall cause the Civil Engineer of Record and Soils
Engineer of Record for the approved grading plans, to submit signed and wet
stamped rough grade certification and compaction test reports with 90% or better
compaction, for the lots for which building permits are requested. The
certifications shall use City approved forms, and shall be submitted to the Public
Works Engineering Department for verification and acceptance.
116. Conformance to Elevations/Geotechnical Compaction - Rough grade
elevations for all building pads and structure pads submitted for grading plan
check approval shall be in substantial conformance with the elevations shown on
approved grading plans. Compaction test certification shall be in compliance with
the approved project geotechnical/soils report.
Prior to Issuance of Certificate of Occupancy
117. 4:1 Manufactured Slopes - Plant and irrigate all manufactured slopes steeper
than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with
grass or ground cover; slopes 15 feet or greater in vertical height shall be planted
with additional shrubs or trees or as approved by the PW Engineering
Department. All manufactured slopes exceeding 3 feet shall have some type of
drainage swale at the toe of the slope to collect any runoff.
118. Final Grade Certification – The developer/property owner shall cause the Civil
Engineer of Record for the approved grading plans, to submit signed and wet
stamped final grade certification on City approved form, for each building for
which a certificate of occupancy is requested. The certification shall be submitted
to the Public Works Engineering Department for verification and acceptance.
119. Conform to Elevations - Final grade elevations of all building or structure finish
floors submitted for grading plan check approval shall be in substantial
conformance with the elevations shown on the approved grading plans.
C. DRAINAGE
120. TTM 31856 is a proposal to subdivide 24.11 acres into 77 residential lots, a park
site and a water quality basin that also serve as a detention basin during large
storm events. The site is located on the west side of Murrieta Road
approximately 300 feet north of McLaughlin Road.
The site lies just outside of the floodplain fringe for the San Jacinto River. A small
local drainage area is tributary to the site from the southwest. The site naturally
drains in a northerly direction towards the San Jacinto River. Prior to City
incorporation, the project was approved by the County of Riverside wherein the
developer has proposed a detention basin to mitigate the increased runoff from
the development of the site. The outlet for the detention basin would be a storm
drain that is a portion of the Flood Control District's Romoland Master Drainage
Plan (MDP) Line A-12. The Romoland MDP includes a master planned Line-A
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facility designed to capture flows from various drainage areas within the
Romoland MDP. Since this development’s original approval, the segment of Line-
A to which this development is tributary has been built from I-215 downstream to
just north of Ethanac Road. The future lateral Line A-12 along Murrieta Road is
planned to connect to this Line-A as one of the master planned conveyances for
flows south of Line-A. However, this segment of Line-A where Line A-12 should
connect is not at ultimate depth due to potential/future planned project to widen
the San Jacinto River where Line-A ends. Also, possible development of
properties on the north side of Ethanac may necessitate the alignment of interim
Line-A horizontally and vertically. It may not be feasible and/or reasonable to
build an interim Line A-12 connection to an interim Line-A, recognizing the high
potential for the interim lines to be redone.
Nonetheless prior to the issuance of a Precise Grading Permit, the developer
shall be responsible to design and get approval of the ultimate Line A-12 design
plans at its ultimate horizontal and vertical alignments. The Public Works
Director/City Engineer, as directed by the City Manager, may consider deferral of
the timing for the delivery of approved Lateral Line A-12 design plans provided
the plans are determined substantially complete by the PW Director/City
Engineer. Requests for timing deferral shall be requested in writing and
submitted to the PW Engineering Department. The developer shall also provide a
design for an interim solution for Line A-12 to show whether or not the design
would work for a functional interim system, considering Line A is not at the
ultimate depth. However, once the ultimate Romoland Line-A is constructed at its
final alignment, Line A-12 should be built and tied to Line-A. It is unknown at this
time when the ultimate Line-A would be constructed. Until such time, the
developer shall design TTM31856 to mitigate increased runoff due to this
development, and pay appropriate ADP Fees. The responsibility for the
developer to build Line A-12 shall be deemed satisfied upon payment of the ADP
fees and under the condition that the Line A is not built to ultimate design prior to
issuance of the 10th building permit.
If the ultimate Line-A is built prior to the issuance of the 10th building permit for
this development, then the developer must construct Line A-12 (including the
connection from the development) and connect to Line-A. The developer shall be
responsible for securing the necessary credit or reimbursement agreement with
the Riverside County Flood Control District, from ADP fees paid, for the
construction of qualified Homeland/Romoland MDP storm drain master planned
facilities, including the design costs incurred for Line A-12.
Prior to construction of this segment of Line-A, the developer shall outlet the
storm drain to the northeast corner of Tract 31856. Seeking permission from the
affected property owner(s) would become unnecessary upon construction of the
Romoland MDP Line-A. Prior to construction of Line A, the development will
drain into an earthen v-ditch which outlets at the northwest corner of Murrieta
Road and Ethanac Road. The earthen v-ditch shall have post-project flow rate
depth and velocities that are less than the pre-project depth and velocity. A
Drainage Study reviewed and approved by the PW Engineering Department shall
confirm that the criteria for the frequency of a 2-year, a 5-year, and a 10-year
storm events are met. Additionally, the analysis should include whether a
concreted v-ditch versus an earthen-ditch would be more effective. The
developer is proposing to replace the storm drain pipes under existing driveways
for downstream properties on the west side of Murrieta Road. Prior to start of any
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work, the developer shall notify all affected property owners along the west side
of Murrieta Road of pending work, but shall only be responsible to obtain
permissions for any work that will encroach outside of the public’s right of way.
121. Line A, Lateral Line A-12 Construction - If the ultimate Line-A is built prior to
the development of this tract (Tract 31856), then the developer must construct
that portion of Line A-12 from the project’s southerly property line, including the
connection from the development and connect to Line-A. The developer shall be
responsible for securing the necessary credit or reimbursement agreement with
the Riverside County Flood Control District, from ADP fees paid, for the
construction of qualified Homeland/Romoland MDP storm drain master planned
facilities.
Prior to construction of this segment of Line-A, the developer shall outlet the
storm drain to the northeast corner of the project on Murrieta Rd with runoff
ending at the southwest corner of Murrieta Road and Ethanac Road. The
outletting of runoff from the project to the northeast corner would have required
permission from the affected property owner(s), and would become unnecessary
upon construction of the Romoland MDP Line-A. Additionally, if proof is provided
that post-project flow rate depth and velocities of the v-ditch are less than the
pre-project depth and velocity, the need for the developer to seek permission
from downstream property owners may not be necessary. However, this does not
exempt developer from seeking permission from affected property owners for any
work outside of the public’s right of way.
122. Construction of Romoland MDP - Master Drainage Plan facilities to be
constructed as part of this development's improvement obligation are to be
inspected, operated and maintained by the Riverside County Flood Control and
Water Conservation District. The developer shall enter into an agreement with
the District establishing the terms and conditions covering their inspection,
operation and maintenance.
123. The City PW Engineering Department may make additional recommendations as
each development proposal is submitted. The City may coordinate with, or seek
the assistance of the District in reviewing each proposal to ensure consistency
with applicable City and District standards and policies regarding overall drainage
design.
124. Minimum Drainage Grade - Minimum drainage grade shall be 1% except on
Portland cement concrete where 0.35% shall be the minimum. The engineer of
record must submit a variance request for design grades less than 1% with a
justification for a lesser grade.
125. Observe slope setbacks from buildings and property lines per the California
Building Code - as amended by Ordinance 457.
126. Drainage Grade - Minimum drainage design grade shall be 1% except on
Portland cement concrete surfaces where 0.5% shall be the minimum. The
engineer of record must submit a variance request for design grades less than
1% with a justification for a lesser grade.
127. Trash Racks. Trash racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large floatable debris.
128. 10 Year Curb/100 Year ROW - The 10 year storm flow shall be contained within
the curb and the 100 year storm flow shall be contained within the street right of
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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.
129. 100 Year Sump Outlet - Drainage facilities out letting sump conditions shall be
designed to convey the tributary 100 year storm flows. Additional emergency
escape shall also be provided.
130. Perpetuate Drainage Patterns (Easement) - The property's street and lot
grading shall be designed in a manner that perpetuates the existing natural
drainage patterns with respect to tributary drainage area, outlet points and outlet
conditions
A drainage easement shall be obtained from the affected property owners for the
release of concentrated or diverted storm flows. A copy of the recorded drainage
easement shall be submitted to the District for review.
131. Owner Maintenance Notice - The developer/property owner shall record
sufficient documentation to advise purchasers of any lot within the subdivision
that the owners of individual lots are responsible for the maintenance of the
drainage facility within the drainage easements shown on the final map.
132. BMP – Energy Dissipators - Energy Dissipators, such as rip-rap, shall be
installed at the outlet of a storm drain system that discharges runoff flows into a
natural channel or an unmaintained facility. The dissipators shall be designed to
minimize the amount of erosion downstream of the storm drain outlet.
133. Trash Racks - Trash Racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large, floatable debris.
134. The developer/property owner shall protect downstream properties from
damages caused by alteration of the drainage patterns, i.e., concentration or
diversion of flow. Protection shall be provided by constructing adequate drainage
facilities including enlarging existing facilities and/or by securing a drainage
easement. All drainage easements shall be shown on the final map and noted as
follows: "Drainage Easement - no building, obstructions, or encroachments by
landfills are allowed". The protection shall be as approved by the PW -
Engineering Department.
135. The developer/property owner 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, applicable
provisions of the City adopted County Ordinance No. 460 will apply. Should the
quantities exceed the street capacity or the use of streets be prohibited for
drainage purposes, the sub-divider shall provide adequate drainage facilities
and/or appropriate easements as approved by the PW -Engineering Department
Prior to Issuance of Grading Permit
136. Perpetual Drainage Patterns - Grading shall be designed in a manner that
perpetuates the existing natural drainage patterns and conditions with respect to
tributary drainage areas and outlet points. Where these conditions are not
preserved, necessary drainage easements shall be obtained from all affected
property owners for the release onto their properties of concentrated or diverted
storm flows.
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Prior to issuance of a grading permit, a copy of the recorded drainage easements
from all affected property owners shall be submitted to the Public Works
Engineering Department.
137. 100 Year Drainage Facilities - All drainage facilities shall be designed to
accommodate 100-year storm flows in accordance with the Riverside County
Flood Control & Water District's letter regarding this application, and as approved
by the City of Menifee. If the tract is built in phases, each phase shall be
protected from the 1 in 100 year tributary storm flows.
138. All drainage facilities shall be designed in accordance with the Riverside County
Flood Control & Water District's letter regarding this application, or if not
specifically addressed in their letter, to accommodate 100 year storm flows.
Prior to Recordation of Final Map
139. Map Increased Runoff Criteria - The entire area of proposed development will
be routed through a detention facility(s) to mitigate increased runoff. All basins
must have positive drainage; dead storage basins shall not be acceptable.
Storms to be studied will include the 1-hour, 3-hour, 6-hour and 24-hour duration
events for the 2-year, 5-year and 10-year return frequencies. Detention basin(s)
and outlet(s) sizing will ensure that none of these storm events has a higher peak
discharge in the "after" condition than in the "before" condition.
For the 2-year and 5-year events the loss rate will be determined using an AMC I
condition. For the 10-year event AMC II will be used. Constant loss rates shall be
used for the 1-hour, 3-hour and 6-hour events. A variable loss rate shall be used
for the 24-hour events.
Low Loss rates will be determined using the following:
1. Undeveloped Condition --> LOW LOSS = 90%
2. Developed Condition --> LOW LOSS = .9 - (.8 X % IMPERVIOUS)
3. Basin Site --> LOW LOSS = 10%
Where possible and feasible the on-site flows should be mitigated before
combining with off-site flows to minimize the size of the detention facility required.
If it is necessary to combine off-site and on-site flows into a detention facility two
separate conditions should be evaluated for each duration/return period/before-
after development combination studied; the first for the total tributary area (off-
site plus on-site), and the second for the area to be developed alone (on-site). It
must be clearly demonstrated that there is no increase in peak flow rates under
either condition (total tributary area or on-site alone), for each of the return
period/duration combinations required to be evaluated. A single plot showing the
pre-developed, post-developed and routed hydrographs for each storm
considered, shall be included with the submittal of the hydrology study.
No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice
plate may be used to restrict outflow rates. Appropriate trash racks shall be
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.
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Mitigation basins should be designed for joint use and be incorporated into open
space or park areas. Side slopes should be no steeper than 4:1 and depths
should be minimized where public access is uncontrolled.
A viable maintenance mechanism, acceptable to both the City and the District,
should be provided for detention facilities. Generally, this would mean a special
district such as a CSA, a landscape district, or commercial property owners
association. Residential homeowners associations would generally be
acceptable.
140. Map Offsite Easement - Offsite drainage facilities shall be located within
dedicated drainage easements obtained from the affected property owner(s).
Document(s) shall be recorded and a copy submitted to the District prior to
recordation of the final map. If the developer cannot obtain such rights, the map
should be redesigned to eliminate the need for the easement.
141. Map Onsite Easement – Onsite drainage facilities located outside of road right
of way shall be contained within drainage easements shown on the final map. A
note shall be added to the final map stating, "Drainage easements shall be kept
free of buildings and obstructions".
142. Drainage Facilities for Ownership and Maintenance by the Flood
Control District - Some proposed large drainage facilities maybe requested for
ownership and maintenance by the Flood Control District. For such drainage
facilities, applicable District standards and guidelines shall be complied with;
including conditions of approval required for said drainage facilities. Prior to
recordation of the final map for a phase served by the requested drainage
facilities, the developer/property owner shall enter into a th ree party
cooperative agreement with the City and Flood Control. Both the Riverside
County Board of Supervisors and the City of Menifee City Council shall
approve the agreement.
143. Acceptance of Storm Drain Facilities by the Riverside County Flood Control
District - Inspection and maintenance of all proposed public storm drain system
to be constructed with this tract shall be performed by either the City of Menifee
or the Flood Control District. For facilities proposed to be owned and maintained
by the District, the developer/property owner shall request the District in writing,
through the City of Menifee PW Engineering Department. The request must also
be approved by the City of Menifee. 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 District shall be
addressed to Warren D. Williams, General Manager-Chief Engineer, and sent
through the City of Menifee, PW Engineering Department
If the District is willing to maintain any proposed drainage system, the following
items must be accomplished prior to recordation of the final map; or at the start of
construction of the drainage facility, and as determined by the PW Director : The
developer/property owner shall 1) shall submit 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) enter into a cooperative
agreement with the City and the District that establishes the terms and conditions
of the inspection, operation and maintenance of proposed drainage facilities; and
3) have the drainage facility plans signed by the District's General Manager-Chief
Engineer. Note that plans cannot be signed prior to full execution of the
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agreement. An application to draw up a cooperative agreement shall be
submitted to the attention of Mark Wills, or current Flood Control Manager having
oversight for such request. All right of way transfer issues must be coordinated
with the District's Right of Way Section.
The developer/property owner shall submit proof of flood control facility bonds
and agreement, and a certificate of insurance to the City of Menifee PW
Engineering Department before a pre-construction meeting can be scheduled for
drainage facilities proposed to be maintained by the District.
144. ADP Fees - A notice of drainage fees shall be placed on the environmental
constraint sheet and final map. The exact wording of the note shall be as follows:
NOTICE OF DRAINAGE FEES
Notice is hereby given that this property is located in the Homeland/Romoland
Area Drainage Plan which was adopted by the Board of Supervisors of the
County of Riverside pursuant to Section 10.25 of Ordinance 460 and Section
66483, et seq, of the Government Code and that said property is subject to fees
for said drainage area.
Notice is further given that, pursuant to Section 10.25 of Ordinance 460, payment
of the drainage fees shall be paid with cashier's check or money order only to the
Riverside County Flood Control and Water Conservation District at the time of
issuance of the grading or building permit for said parcels, whichever occurs first,
and that the owner of each parcel, at the time of issuance of either the grading or
building permit, shall pay the fee required at the rate in effect at the time of
issuance of the actual permit.
Prior to Issuance of Certificate of Occupancy
145. The City will not release occupancy permits for any lot exceeding the 80% of the
total recorded residential lots within the map or phase within the map prior to the
District's acceptance of drainage system requested for their ownership, operation
and maintenance.
146. Finish Grade - shall be sloped to provide proper drainage away from all exterior
foundation walls. The slope shall be not less than one-half inch per foot for a
distance of not less than 3 feet from any point of exterior foundation. Drainage
swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade
at the foundation.
D. STREET IMPROVEMENTS AND DEDICATIONS
147. Street improvements shall conform to all applicable City Design Standards and
Specifications, the City General Plan, City adopted Riverside County Ordinance
461, and all other relevant laws, rules and regulations governing street
construction in the City.
148. It is understood that the tentative tract map correctly shows acceptable centerline
elevations, all existing easements, traveled ways, and drainage courses with
appropriate Q's, and that their omission or unacceptability may require the map
to be resubmitted for further consideration.
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149. Paving or Paving Repairs – The applicant shall be responsible for obtaining the
paving inspections required by Ordinance 461. Paving and/or paving repairs for
utility street cuts shall be per City of Menifee Standards and Specifications and
as approved by the Public Works Director/City Engineer.
150. Concrete Work – All concrete work including curbs, gutters, sidewalks,
driveways, cross gutters, catch basins, manholes, vaults, etc. shall be
constructed to meet a 28 day minimum concrete strength of 3,250 psi.
151. Sewer Lines – All sewer line alignments shall be designed such that the
manholes are aligned with the center of lanes or on the lane line and in
accordance with Riverside County Ordinances 460/461 and Eastern Municipal
Water District standards.
152. Water Mains and Hydrants - All water mains and fire hydrants providing
required fire flows shall be constructed in accordance with the Riverside County
Ordinance Numbers 460 and 787, and subject to the approval of the Eastern
Municipal Water District and the Riverside County Fire Department.
153. Dry Utility Installations - Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance
with Ordinance 460 and 461, or as approved by the Public Works Director/City
Engineer. This also applies to existing overhead lines which are 33.6 kilovolts or
below along the project frontage, within the project boundaries, and between the
nearest poles offsite in each direction of the project site. The timing for the
completion of the undergrounding shall be determined by the PW Director. A
certificate should be obtained from pertinent utility company and submitted to the
PW -Engineering Department as proof of completion.
Prior to Recordation of Final Map
154. Improvement Plans - Improvement plans for 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.
155. Traffic Study – The County Transportation Department has exempted the
project from preparing a traffic study prior to tentative tract map original approval
in 2004. In lieu of a traffic study, the development is required to provide adequate
street improvements including signing and striping on Geary Street and Murrieta
Road, and at the development entrances at Geary Road and Murrieta Road as
approved by the PW Director.
156. Signing & Striping Plan, Bike Lanes - 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. Murrieta Road is designated in the
City General Plan as a Community On-Street Bike Lane (Class II) route. The
signing and striping plans shall incorporate this bike lane designation prior to plan
approval.
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157. Street Name Sign - The developer/property owner shall install street name
sign(s) in accordance with applicable City Standard as directed by the PW -
Engineering Department.
158. Corner Cut-back - All corner cutbacks shall be applied per City Standard or
County Standard 805 as determined by the PW Director, and City adopted
Ordinance 461, except for corners at Entry streets intersecting with General Plan
roads. In this case, they shall be applied per City Standard or as determined by
the PW Director.
159. Dedications – Streets 'A', 'B', 'C', 'D', 'E' 'F' and 'G' shall be improved within the
dedicated right-of-way in accordance with City Standards or County Standard
No. 104, Section A. (36'/56') (modified), as determined by the PW Director.
De Lara Lane (adjacent to Lots 73 and 74) shall be improved within the
dedicated right-of-way in accordance with County Standard No. 104, Section A.
(40'/60')
Murrieta Road shall be improved within the dedicated right-of-way in accordance
with City Standard or County Standard No. 102. (32'/50') (modified), as
determined by the PW Director.
Street 'A' (Entry at Murrieta Road) shall be improved within the dedicated right-of-
way in accordance with City Standard or County Standard No. 103, Section A.
(46'/76') (modified), as determined by the PW Director.
160. Required Street Improvements - Interior streets are designated as local roads
and shall be improved with 36 foot full-width AC pavement, 6" concrete curb and
gutter, and 6' sidewalk adjacent to the curb line within the 56 full-width dedicated
right-of-way in accordance with City Standard or County Standard No. 105,
Section A. (36'/56'), as determined by the PW Director.
De Lara Lane (adjacent to Lots 73 and 74) is designated as a local street and
shall be improved with 40 foot full-width AC pavement, 6" concrete curb and
gutter, and 6' sidewalk adjacent to the curb line within the 60' full-width dedicated
right-of-way in accordance with City Standard or County Standard No. 105,
Section C. (40'/60'), as determined by the PW Director.
Street "A" (Entry at Murrieta Road) is designated as a collector street and shall
be improved with 46 foot full-width AC pavement, 6" concrete curb and gutter,
and 6' sidewalk adjacent to the curb line within the 76' full-width dedicated right-
of-way in accordance with City Standard or County Standard No. 103, Section A.
(46'/76') (Modified), as determined by the PW Director.
NOTE: A 6' landscaped entry median shall be constructed at the centerline of the
street.
161. Geary Street and Elm Street - shall be improved with 32 feet of asphalt
concrete pavement within a 45' part-width dedicated right-of-way in accordance
with County Standard No. 104, Section A. (20'/30'). Appropriate design, approved
by the PW Director shall be provided at project boundaries or street terminations
to allow for safe street transitions.
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162. 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.
163. Murrieta Road - along project boundary is a paved County maintained road
designated as a Secondary Highway and shall be improved with 6" concrete curb
and gutter located 32 feet from centerline, and match up asphalt concrete paving;
reconstruction; or resurfacing of existing paving as determined by the PW
Department within the 50 foot half-width dedicated right-of-way in accordance
with City Standard or County Standard No. 94. (32'/50') (Modified), as
determined by the PW Director.
164. Geary Street - Geary Street along project boundary is designated as a local
street and shall be improved with 32' part-width AC pavement (20' on project side
and 12' on opposite side), 6" concrete curb and gutter and 6' sidewalk adjacent to
the curb line within a 45' part-width dedicated right-of-way (30' on project side
and 15' on opposite side) in accordance with City Standard or County Standard
No. 105, Section C, as determined by the PW Director.
165. 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.
166. Map Access Restriction - Lot access shall be restricted on Murrieta Road and
so noted on the final map.
167. Intersection – 50’ Tangent - All centerline intersections shall be at 90 degrees,
plus or minus 5 degrees, with a minimum 50' tangent, measured from
flowline/curbface or as approved by the PW Director/City Engineer.
168. Off-site Access - The developer/property owner shall provide/acquire sufficient
public off-site right-of-way to provide for two paved access roads to a paved and
maintained road. Said access roads shall be constructed in accordance with
applicable City or adopted County Standard No. 106, Section B (32'/60') 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 recordation or the signature of
any street improvement plans.
Said off-site access road shall be the northerly extension of Murrieta Road to
Ethanac Road.
Said off-site access road shall be the northerly extension of Geary Street to
Ethanac Road, with connections to existing roads as approved by the PW -
Engineering Department.
*NOTE* The off-site road for Geary Street shall be constructed to provide for 28'
of pavement, within a 40' right-of-way.
169. Streetlight Plan - A separate street light plan may be prepared for the
construction of the street lights for this project, or combined with the public street
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improvement plans for this project as determined by the PW Director/City
Engineer.
170. 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.
171. 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.
172. Landscaping within Murrieta, Geary Street and “A” Street (Entry at Murrieta
Road) - Landscaping within public road rights-of-way shall comply with City
Standards and City adopted Ordinance 461, and requires approval by the PW -
Engineering Department. Landscaping shall be installed within Murrieta Road,
Geary Street, and “A” Street (Entry at Murrieta Road). Assurance of perpetual
maintenance shall be provided by special taxes collected from properties within
TR31856 upon annexation into the citywide CFD Maintenance District.
Landscaping for maintenance by the citywide CFD shall be prepared on City title
block and shall include only those landscape improvement components that are
to be maintained by the CFD.
173. Acceptance of Public Roadway Dedication and Improvements – Easements
and right-of way for public roadways shall be granted to the City of Menifee
through final map, or other acceptable recordable instrument.
Prior to Issuance of Construction Permit/Encroachment Permit
174. Encroachment Permits – The developer/property owner shall obtain all required
encroachment permits and clearances prior to start of any work within City, State,
or local agency right-of-way.
175. Improvement Bonds – Prior to issuance of any construction permit for all
required onsite and offsite public improvements, the developer/project owner
shall post acceptable bonds or security to guarantee the construction of all
required improvements. The bonds shall be in accordance with all applicable City
ordinances, resolutions and municipal codes (See also bond agreement
condition under General Conditions).
Prior to Issuance of Certificate of Occupancy
176. Drivew ays and Driveway Approaches – Driveways and Driveway Approaches
shall be designed and constructed per City of Menifee No. 208. The modified
County of Riverside standard 207A may be used as determined by the Public
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Works Director/City Engineer. Prior to issuance of Certificate of Occupancy, the
proposed driveway as shown on the proposed Plot Plan shall be constructed.
177. 80% Completion of Total Lots - Occupancy releases will not be issued for any
lot exceeding 80% of the total recorded residential lots within any map or phase
of map prior to completion of the following improvements:
a) Primary and Alternate (secondary) access roads shall be completed and
paved to finish grade according to the limits indicated in the improvement plans
and as noted elsewhere in these conditions.
b) Interior roads shall be completed and paved to finish grade according to
the limits indicated in the improvement plans and as noted elsewhere in these
conditions. All curbs, gutters, sidewalks and driveway approaches shall be
installed
c) Storm drains and flood control facilities shall be completed according to
the improvement plans and as noted elsewhere in these conditions. Written
confirmation of acceptance for use by the Flood Control District, if applicable, is
required.
d) Water system, including fire hydrants, shall be installed and operational,
according to the improvement plans and as noted elsewhere in these conditions.
All water valves shall be raised to pavement finished grade. Written confirmation
of acceptance from water purveyor is required.
e) Sewer system shall be installed and operational, according to the
improvement plans and as noted elsewhere in these conditions. All sewer
manholes shall be raised to pavement finished grade. Written confirmation of
acceptance from sewer purveyor is required.
f) Landscaping and irrigation, water and electrical systems shall be installed
and operational in accordance with City adopted County Ordinance 461.
178. Prior to final Building Inspection or Issuance of Certificate of Occupancy, install
streetlights along the streets associated with this development in accordance
with the approved street lighting plan or improvement plans, and City standards,
conditions of approval for street lights, or County Ordinances 460 and 461 as
approved by the PW Director/City Engineer.
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, or Issuance of Certificate of Occupancy.
Prior to Issuance of Construction Permit/Encroachment Permit
179. Signing and Striping Plan – Prior to issuance of a construction permit, any
necessary signing and striping plan shall be approved by the City Traffic
Engineer in accordance with City ordinances, standards and specifications, and
with the latest edition of the CAMUTCD.
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180. Construction Traffic Control Plan - Prior to start of any project related
construction, the developer/property owner may be required to submit to the
Public Works Engineering Department for review and approval, a Construction
Traffic Control Plan in compliance with all applicable City ordinances, standards
and specifications, and the latest edition of the CAMUTCD. This traffic control
plan shall address impacts from construction vehicular traffic, noise, and dust
and shall propose measures to mitigate these effects. The traffic control plan
shall include a Traffic Safety Plan for safe use of public roads right of way during
construction. The plan shall specify the following mitigation measures to address
the following:
a. Dust and dirt fallout from truck loads and gets entrained onto City roadways:
(1) Biweekly street sweeping during construction activity, and daily during all
grading operations. (2) Approved BMPs shall be installed at all approved
construction entrances as part of the SWPPP.
b. Noise from construction truck traffic: Include construction time and operation
of vehicles through surrounding residential streets.
c. Traffic safety within the road right-of-way: Include temporary traffic control
measures and devices.
E. NPDES and WQMP
All City of Menifee requirements for NPDES and Water Quality Management
Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01
for Stormwater/Urban Runoff Management Program unless otherwise approved
by the Public Works Director/City Engineer. This project is required to submit a
project specific WQMP prepared in accordance with the latest WQMP guidelines
approved by the Regional Water Quality Control Board.
181. Trash Enclosures Standards and Specifications – Storm runoff resulting in
direct contact with trash enclosure, or wastewater runoff from trash enclosure are
prohibited from running off a site onto the City MS4 without proper treatment.
Trash enclosures in new developments and redevelopment projects shall meet
new storm water quality standards including:
a) Provision of a solid impermeable roof with a minimum clearance height to
allow the bin lid to completely open.
b) Constructed of reinforced masonry without wooden gates. Walls shall be
at least 6 feet high.
c) Provision of concrete slab floor, graded to collect any spill within the
enclosure.
d) All trash bins in the trash enclosure shall be leak proof with lids that are
continuously kept closed.
e) The enclosure area shall be protected from receiving direct rainfall or run-
on from collateral surfaces.
Any standing liquids within the trash enclosures without floor drain must be
cleaned up and disposed of properly using a mop and a bucket or a wet/dry
vacuum machine. All non-hazardous liquids without solid trash may be put in the
sanitary sewer as an option, in accordance with Eastern Municipal Water District
(EMWD) criteria.
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An alternate floor drain from the interior of the enclosure that discharges to the
sanitary sewer may be constructed only after obtaining approval from EMWD.
This option requires the following:
a) The trash enclosure shall be lockable and locked when not in use with a
2-inch or larger brass resettable combination lock. Only employees and
staff authorized by the enclosure property owner shall be given access.
This requirement may not be applicable to commercial complexes with
multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of gasses
from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection nearby
with an approved backflow preventer. The spigot shall be protected and
located at the rear of the enclosure to prevent damage from bins.
Prior to Issuance of Grading Permit
182. Final Project Specific Water Quality Management Plan (Final WQMP) – Prior
to issuance of a grading permit, a FINAL project specific WQMP in substantial
conformance with the approved PRELIMINARY WQMP, shall be reviewed and
approved by the Public Works Engineering Department. Final construction plans
shall incorporate all of the structural BMPs identified in the approved FINAL
WQMP. The final developed project shall implement all structural and non-
structural BMPs specified in the approved FINAL WQMP. One copy of the
approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the
Public Works Engineering Department. The FINAL WQMP submittal shall include
at the minimum the following reports/studies:
(a) Hydrology/hydraulics report
(b) Soils Report that includes soil infiltration capacity
(c) Limited Phase II Environmental Site Assessment Report
183. Final construction plans shall incorporate all of the structural BMPs identified in
the approved FINAL WQMP. The final developed project shall implement all
structural and non-structural BMPs specified in the approved FINAL WQMP. One
copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be
submitted to the Public Works Engineering Department.
184. REVISING THE FINAL WQMP – In the event the Final WQMP requires design
revisions that will substantially deviate from the approved Prelim WQMP, a
revised or new WQMP shall be submitted for review and approval by the PW
Department. The cost of reviewing the revised/new WQMP shall be charged on a
time and material basis. The fixed fee to review a Final WQMP shall not apply,
and a deposit shall be collected from the applicant to pay for reviewing the
substantially revised WQMP.
185. WQMP Right of Entry and Maintenance Agreement – Prior to, or concurrent
with the approval of the FINAL WQMP, the developer/property owner shall record
Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable
Right of Entry and Maintenance Agreement with the City to inform future property
owners of the requirement to perpetually implement the approved FINAL WQMP.
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Prior to Issuance of Certificate of Occupancy
186. WQMP/BMP Education – Prior to issuance of Certificate of Occupancy, the
developer/project owner shall provide the City proof of notification to future
occupants of all non-structural BMP’s and educational and training requirements
for said BMP’s as directed in the approved WQMP. Acceptable proof of
notification must be in the form of a notarized affidavit at the minimum. The
developer may obtain NPDES Public Educational Program materials from the
Riverside County Flood Control and Water Conservation District's (District)
NPDES Section by either the District's website
www.floodcontrol.co.riverside.ca.us.
The developer must provide to the PW Engineering Department a notarized
affidavit stating that the distribution of educational materials to future homebuyers
has bee completed prior to issuance of occupancy permits.
A copy of the notarized affidavit must be placed in the WQMP. The PW
Engineering Department MUST be provided with the original notarized affidavit
with plan check submittal in order to clear the appropriate condition. Placing a
copy of the affidavit without submitting the original will not guarantee clearance of
the condition.
187. Inspection of BMP Installation - Prior to issuance of Certificate of Occupancy,
all structural BMPs included in the approved FINAL WQMP shall be inspected for
completion of installation in accordance with approved plans and specifications,
and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all
proposed structural BMPs are in working conditions, and that a hard copy and/or
digital copy of the approved FINAL WQMP are available at the site for use and
reference by future owners/occupants. The inspection shall ensure that the
FINAL WQMP at the site includes the BMP Operation and Maintenance Plan,
and shall include the site for in a City maintained database for future periodic
inspection.
188. 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
189. 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
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has now taken over the administration of these two special districts only for
annexed properties within City boundaries. Although the City has now oversight
on the assessment of this project under these Districts, annexations into these
Districts are no longer considered by both the TLMA and the EDA.
The development is proposing construction of certain facilities that will eventually
become public, or provision of certain public services. These include
maintenance and operation of water quality basins, street sweeping, landscape,
streetlights, and graffiti abatement. The City has established a citywide
maintenance Community Facilities District (CFD 2015-2) that provide either
equivalent or additional services beyond the authorized service limits of the either
the L&LMD or the CSA.
Prior to Recordation of Final Map
190. 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.
191. CFD Annexation Agreement - In the event timing for this development’s
schedule prevents the developer/property owner from complying with condition of
approval for CFD annexation, the developer shall enter into a CFD annexation
agreement to allow the annexation to complete after the recordation of a final
map but prior to issuance of a Certificate of Occupancy. The developer shall be
responsible for all costs associated with the preparation of the CFD annexation
agreement. The agreement shall be approved by the City Council prior to final
map recordation.
192. Assessment Segregation - Should this project lie within any assessment/benefit
district, the applicant shall, prior to recordation, make application for and pay for
their reapportionment of the assessments or pay the unit fees in the benefit
district unless said fees are deferred to building permit.
193. Landscape Improvement Plans for CFD Maintenance – Landscape
improvements within public ROW and/or areas dedicated to the City for the
citywide CFD to maintain shall be prepared on a separate City CFD plans and
submitted to the PW Engineering Department for review and approval. The
plans may be prepared for each map phase or as one plan for the entire
development as determined by the PW Director. W hen 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.
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194. 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.
195. 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.
196. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant
facilities to be maintained by the citywide CFD 2015-2 shall be built to City
standards. The developer shall be responsible for ensuring that landscaping
areas to be maintained by the CFD have its own controller and meter system,
separate from any private controller/meter system.
G. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
197. Fees and Deposits – Prior to approval of final maps, grading plans,
improvement plans, issuance of building permits, and/or issuance of certificate of
occupancy, the developer/property owner shall pay all fees, deposits as
applicable. These shall include the regional Transportation Uniform Mitigation
Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact
Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee.
Said fees and deposits shall be collected at the rate in effect at the time of
collection as specified in current City resolutions and ordinances.
Prior to Recordation of Final Map
198. Zone F of the RBBD - Prior to the recordation of the final map, or any phase
thereof, the project proponent shall pay fees in accordance with Zone F of the
Menifee Valley Road and Bridge Benefit District. Should the project proponent
choose to defer the time of payment, a written request shall be submitted to the
City, deferring said payment to the time of issuance of a building permit. Fees
approved for deferral shall be based upon the fee schedule in effect at the time of
issuance of the permit.
Prior to Issuance of Grading Permit or Building Permit
199. ADP Fees – Tract 31856 is located within the boundaries 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 project is subject to
the ADP fees and the fee due will be based on the fee in effect at the time of
payment.
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 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
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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. The developer
shall be responsible for securing the necessary credit or reimbursement
agreement with the Riverside County Flood Control District, from ADP fees paid,
for the construction of qualified Homeland/Romoland MDP storm drain master
planned facilities.
Prior to Issuance of Certificate of Occupancy
200. TUMF Fees - Prior to the issuance of an occupancy permit, the
developer/property owner shall pay the Transportation Uniform Mitigation Fee
(TUMF) in accordance with the fee schedule in effect at the time of issuance,
pursuant to adopted City Ordinance governing the TUMF program.
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Section IV:
Riverside County Fire Department
Conditions of Approval
56
General Conditions
201. 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.
202. Hydrant/Spacing. Schedule A fire protection approved standard fire hydrants,
(6"x4"x2 1/2") located one at each street intersection and spaced no more than
330 feet apart in any direction, with no portion of any lot frontage more than 165
feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hour duration at
20 PSI. Shall include perimeter streets at each intersection and spaced 660 feet
apart.
Prior to Final Map
203. 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.
204. Secondary Access. In the interest of Public Safety, the project shall provide an
Alternate or Secondary Access(s). Said Alternate or Secondary Access(s) shall
have concurrence and approval of both the Transportation Department and the
Riverside County Fire Department.
205. ECS – Roofing Material. ECS map must be stamped by the Riverside County
Surveyor with the following note: All buildings shall be constructed with class "A"
material as per the California Building Code.
206. ECS - Water System Installed Prior to Bldg. ECS map must be stamped by
the Riverside County Surveyor with the following note:
The required water system including fire hydrants shall be installed and
accepted by the appropriate water agency prior to any combustible
building materials being placed on an individual lot.
Prior to Issuance of Building Permit
207. 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.
208. Secondary/Alternative Access. In the interest of Public Safety, the project shall
provide an Alternate or Secondary Access(s). Said Alternate or Secondary
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Access(s) shall have concurrence and approval of both the Transportation
Department and the Riverside County Fire Department.
209. Sprinkler System Residential. Residential fire sprinklers are required in all one
and two family dwellings per the California Residential code, California Building
Code and the California Fire Code. Install Fire Sprinkler Systems per NFPA
13D, 2010 Edition. Plans must be submitted to the Fire Department for review
and approval prior to building permit issuance.
Prior to Final Inspection
210. Sprinkler System Residential. Residential fire sprinklers are required in all one
and two family dwellings per the California Residential code, California Building
Code and the California Fire Code. Install Fire Sprinkler Systems per NFPA
13D, 2010 Edition. Installation of the fire sprinklers will be verified prior to
issuance of occupancy.
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Section V:
Riverside County Environmental
Health Conditions of Approval
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General Conditions
211. 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.
212. 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
213. 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.
214. Financial Arrangements. Financial arrangements (securities posted) must be
made for the water improvement plans and be approved by City Attorney.
215. 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.
216. Annexation. Annexation proceedings must be finalized with the applicable
purveyor for sanitation service.
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Section VI:
Riverside County Environmental
Programs Department
Conditions of Approval
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Prior to Issuance of Grading Permit
217. 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.
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The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
_______________________________________________ ___________________
Signed Date
_______________________________________________ ___________________
Name (please print) Title (please print)