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PC16-251 EXHIBIT “A” Conditions of Approval for Tentative Tract Map No. 31456 as revised by Extension of Time No. 2015-229 for a Residential Subdivision of 161.34 gross acres into 177 Single Family Residential Lots Section I: Conditions applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Section VI: Riverside County Environmental Programs Department Conditions of Approval Section VII: Riverside County Parks/Menifee Community Services Conditions of Approval 2 Section I: Conditions Applicable to all Departments 3 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 31456 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. 31456, Amended No. 4, dated 12/14/05. EXHIBT D = Tentative Tract Map No. 31456, Drainage Maintenance Exhibit, dated 12/14/15. FINAL MAP= Final map for the TENTATIVE TRACT MAP whether recorded in whole or in phases. APPROVED EXHIBIT "L"= EXHIBIT "L" dated 12/20/2005 2. Project Description. The project is a Schedule A tentative tract map proposing to subdivide 161.34 gross acres into 177 residential lots with a minimum lot size of 7,200 square feet, one (1) 2.60 acre basin, one (1) 3.32 acre HOA owned and maintained park and 96.83 acres of open space. 3. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 4. Ninety (90) Days to Protest. The land divider has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all 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 4 fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. The developer understands and agrees to pay such fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. 6. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the County of Riverside Board of Supervisors original approval date, unless extended as provided by County Ordinance No. 460. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. A hold shall be placed on the TENTATIVE MAP, and a hold shall be placed on any subsequent minor change or revised map, which shall be set to take effect on the expiration date. The hold effective date shall be extended in accordance with any permitted extensions of time. The hold shall be downgraded to a notice upon recordation of the first phase of the TENTATIVE MAP. The hold or notice shall remain in effect until the recordation of the final phase of the TENTATIVE MAP. If the TENTATIVE MAP expires before the recordation of the final phase the hold or notice shall remain in effect and no further FINAL MA P recordation shall be permitted. 5 Section II: Community Development Department Conditions of Approval 6 General Conditions 7. Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of County Ordinance No. 460, Schedule A, unless modified by the conditions listed herein. 8. Fees for Review. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading or building plan review or review of any mitigation monitoring requirement, shall be reviewed on an hourly basis, or other appropriate fee, as listed in County Ordinance No. 671. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. 9. Landscape Maintenance. The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of the individual home owners, a homeowners association, or any other successor-in-interest. 10. Landscaping. All plant materials within landscaped common areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the Community Development Department’s landscaping installed and inspected conditions. 11. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 12. Front and Side Yard Landscaping Maintenance Responsibility. The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is included within a separate common lot maintained by an HOA or other entity acceptable to the City of Menifee. 13. No Offsite Signage. 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. 14. Residential 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. 7 c. The side yard setback is 5 feet. d. The street side yard setback is 10 feet. e. The rear yard setback is 10 feet, except where a rear yard abuts a street, then the setback shall be the same as the front yard setback, in accordance with Section 21.77 of Ordinance No. 348. f. The minimum average width of each lot is 60 feet. g. The maximum height of one family residence 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 be a minimum of 12 feet and a maximum of 30 feet in width, and 20 feet of full height curb is required between driveways within any one property frontage, in accordance with Ord. No. 461, Standard No. 207. EXCEPT AS ALLOWED BY ORDINANCE NO. 348, THERE SHALL BE NO ENCROACHMENT INTO THE SETBACK. 15. NPDES Compliance. Since the project will disturb one (1) or more acres or is part of a larger project that will disturb one acres or more, the land divider/permit holder shall comply with all of the applicable requirements of the National Pollution Discharge Elimination System (NPDES) and shall conform to NPDES Best Management Practices for Stormwater Pollution Prevention Plans during the life of this permit. 16. Ordinance No. 659 (DIF). Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of Riverside County Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Riverside County Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The fee shall be paid for each residential unit to be constructed within this land division. In the event Riverside County Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 17. Ordinance No. 810 (Open Space). Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of Riverside County Ordinance No. 810, which requires payment of the appropriate fee set forth in the Ordinance. Riverside 8 County Ordinance No. 810 has been established to set forth policies, regulations and fees related to the funding and acquisition of open space and habitat necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance. The fee shall be paid for each residential unit to be constructed within this land division. In the event Riverside County Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 18. Required Minor Plans. For each of the below listed items, a minor plot plan application shall be submitted and approved by the Community Development Department pursuant to Section 18.30.a. (1) of County Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department) along with the current fee. 1. Final Site Development Plan for each phase of development. 2. Model Home Complex Plan shall be filed and approved for each phase if models change between phases. A final site of development plot plan must be approved prior to approval, or concurrent with a Model Home Complex Plan. 3. Landscaping Plan for typical front yard/slopes/open space. These three plans may be applied for separately for the whole tract or for phases. 4. Landscaping plans totally in the road right-of-Way shall be submitted to the Transportation Department only. 5. Each phase shall have a separate wall and fencing plan. 6. Entry monument and gate entry plan. NOTE: The requirements of the above plot plans may be accomplished as one, or, any combination of multiple plot plans required by these conditions of approval. However, each requirement shall be cleared individually with the applicable plot plan condition of approval in the "PRIOR TO BUILDING PERMIT" (80 series) conditions. 19. Slope Stability Report No. 655. County Slope Stability Report (SSR) No. 655 was prepared for this project by Leighton & Associates, Inc., and is entitled "Preliminary Slope Stability Analysis, Tentative Tract Map 31456, Proposed +/- 161 Acre Residential Development, Located Immediately West of Valley Boulevard, County of Riverside, California", and dated February 16, 2004. In addition, Leighton and Associates prepared "Response to Comments by the County of Riverside Transportation and Land Management Agency, County Slope Stability Report No. 655 Preliminary Slope Stability Analysis, Tetative 9 (sic) Tract Map 31456, Proposed +/-161 Acre Residential Development, Located West pf Valley Boulevard, County of Riverside, California", dated may 17, 2004. This document is herein incorporated as a part of GEO No. 655. SSR No. 655 concluded: 1) Factors of safety of 1.5 or greater were calculated for the proposed cut slopes to resist static deep-seated instability if adverse geologic conditions do not occur. 2) Factors of safety of 1.5 or greater were also calculated for fill slopes. 3) Factors of safety of 1.1 or greater were obtained to resist deep-seated seismic slope instability. SSR No. 655 recommended: 1) Additional slope stability analyses should be performed once rough-grading plans are available based on the results of the recommended site-specific geotechnical investigation and laboratory testing of onsite materials. 2) Geotechnical recommendations for slope construction should be provided as part of the site-specific study. 3) All excavations and cut slopes should be observed and mapped by a geologist during grading operations to verify that the soil and geologic conditions encountered do not differ significantly from those assumed in the analysis. 4) The exclusive use of either highly expansive clayey soils or poorly graded sands is not recommended. 5) Cut and fill slopes should be provided with appropriate drainage features and fill slopes should be landscaped with drought-tolerant, slope-stabilizing vegetation as soon as possible after grading. SSR No. 655 satisfies the requirement for a slope stability assessment for planning purposes. Final approved of SSR No. 655 is hereby granted for planning purposes. Engineering and other Uniform Building Code parameters relative to grading plan/permit approval were not included as a part of this review or approval. Additional field work, analysis and reporting will be required as part of the grading plan application process. Engineering and other building code parameters will be reviewed and additional comments and/or conditions may be imposed by the Building and Safety Department upon application for grading and/or building permits. 20. Design Guidelines. The project shall conform to the Countywide Design Standards and Guidelines adopted January 13, 2004. 21. No Off-Road Uses Allowed. Trail bikes, dune buggies, off-road vehicles and other similar powered apparatus shall not be operated for purposes such as, 10 but not limited to, hill climbing, trail riding, scrambling, racing and riding exhibitions. 22. 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. 23. If Human Remains Found. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Community Development Director. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254(r). 24. 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). 1. 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 Native American tribal representative(s) and the Community Development Director to discuss the significance of the find. 2. 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 11 Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3. Grading or 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. 4. 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. 5. 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.” 25. 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 12 fossil site and the paleontologist called to the site immediately to recover the remains. 6) Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. FEES 26. 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. Prior to Final Map 27. Prepare a Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the land divider shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of County Ordinance No. 460. 28. Final Map Preparer. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 29. Surveyor Checklist. The Engineering Department shall review any FINAL MAP and ensure compliance with the following: A. All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. B. All lots on the FINAL MAP shall have a minimum lot size of 7,200 square feet net. 13 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. E. All knuckle or cul-de-sac lots shall have a minimum of 35 feet of frontage measured at the front lot line. F. The common open space areas shall be shown as numbered lots on the FINAL MAP. 30. CCOC for Remainder Parcel. Prior to the recordation of the FINAL MAP, the land divider shall file an application for a Conditional Certificate of Land Division Compliance (CCOC) with the Engineering Department for review and approval, for the "Remainder Parcel" or any parcel shown as "NOT A PART", as delineated on the approved TENTATIVE MAP. Any FINAL MAP containing such a parcel shall not be permitted to record until the Engineering Department determines that the CCOC will be suitable for recordation within sixty (60) days of the recordation of the FINAL MAP. 31. ECS Shall be Prepared. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of County Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. The ECS shall include the following note: LOTS 1-16 SHALL BE BUILT AS ONE-STORY ONLY. 32. ECS Note Biological. The following Environmental Constraints note shall be placed on the ECS: "County Biological Report No. PD-B-03608 was prepared for this property on October 22, 2003 by BonTerra Consulting and is on file at the City of Menifee Community Development Department. The property is subject to biological resources restrictions based on the results of the report." 33. ECS Note Mt Palomar Lighting. The following Environmental Constraint Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by 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." 34. ECS Open Space. The following Environmental Constraint Note shall be placed on the ECS: Lots 178, 179, and 180 will be restricted from future residential development. 14 35. Open Space/Conservation Easement. Prior to or concurrent with recordation, an open space or conservation easement shall be established on Lots 178, 179, and 180 to the maintenance entity for the open space area to restrict future residential development of these lots. 36. Fee Balance. Prior to recordation, the Community Development Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the land divider and/or the land divider's successor-in-interest. 37. CC&R Residential POA Common Area. The land divider shall (a) notify the Planning Department that the following documents shall be shortly, or have been, submitted to the City Attorney (via the Community Development Department)for the review and approval of 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. 15 - 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). 16 - 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) The City shall be named as a third party beneficiary in the CC&Rs. (f) 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. (g) 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 (h) A deposit for the review of the CC&Rs established pursuant to the City’s fee schedule at the time the above referenced documents are submitted to the City Attorney for review and approval. 38. Common Area Maintenance. PRIOR TO MAP RECORDATION, the following procedures for common area maintenance procedures shall be complied with: a. A permanent master maintenance organization shall be established for (Tract Map No. 31456), to assume ownership and maintenance responsibility for all common recreation, open space, circulation systems, detention basins, and landscaped areas. The organization may be public or private. Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for ownership and maintenance. If the organization is a private association then neighborhood associations shall be established for each residential development, where required, and such associations may assume ownership and maintenance responsibility for neighborhood common areas. b. Unless otherwise provided for in these conditions of approval, common open areas shall be conveyed to the maintenance organization as implementing development is approved or any subdivision as recorded. c. The maintenance organization shall be established prior to or concurrent with the recordation of the first land division. d. The common areas to be maintained by the master maintenance organization shall include, but not be limited to, the following: detention basin (lot 178), park (lot 179), paseo/trail areas (Lot O and Lot 180) common slopes and landscaped areas, and common walls outside the 17 road Right-of-Way shall be conveyed to the proper maintenance organization. 39. BMPs in CC&Rs. The declaration of covenants, conditions and restrictions (CC&Rs) submitted for review shall contain the following provision verbatim: "The management and maintenance of the 'common area' shall include the following best management practices (BMPs) to reduce storm water pollution: All pesticides shall be applied in strict accordance to pesticide laws as stated in the State of California Agricultural Code. All pesticide applicators shall be certified by the State as a Qualified Applicator or be directly supervised by a Qualified Applicator. All fertilizers shall by applied at the rate stipulated by the manufacturer. Fertilizer Applicators shall be trained in the proper procedures of determining fertilizer rates and calibration of equipment. Fertilizer shall be applied in such a manner as to avoid application onto hardscape surfaces. Annual soil tests are recommended to advise on which fertilizer elements are needed to avoid application of unnecessary elements, or over application. The local water agency or resource conservation district can assist with detailed information concerning this BMP. (BMP N3) The Homeowners Association is required to implement trash management and litter control procedures in the common areas aimed at reducing pollution of drainage water. The Association may contract with their landscape maintenance firms to provide this service during regularly scheduled maintenance, which should consist of litter patrol, emptying trash receptacles in common areas, noting trash disposal violations by homeowners or businesses, and reporting the violations to the association for investigation. (BMP N5) The Homeowners Association is required to have its privately owned streets and parking lots swept prior to the storm season, no later than October 15th of each year (BMP N6)." 40. Landscape Common Area Maintenance. Prior to map recordation, the developer/permit holder shall submit Covenants, Conditions, and Restrictions (CC&R) to the City Attorney (via the Community Development Department) for review along with the required fees set forth by the City of Menifee 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. For purposes of landscaping and maintenance, the following minimum elements shall be incorporated into the CC&R's: 1) Permanent public, quasi- public or private maintenance organization shall be established for proper management of the water efficient landscape and irrigation systems. Any agreements with the maintenance organization shall stipulate that maintenance of landscaped areas will occur in accordance with Menifee Municipal Code (as adopted and any amendments thereto) and the County of Riverside Guide to California Friendly Landscaping. 2) The CC&R's shall prohibit the use of water- intensive landscaping and require the use of low water use landscaping pursuant to the provisions of Menifee Municipal Code (as adopted and any amendments thereto). 3) The common maintenance areas shall include all those identified on the approved landscape maintenance exhibit. 18 41. Trail Plans. The applicant shall submit a trails plan to the City of Menifee for review and approval. This trails plan shall show the 14 foot wide trail with all topography, grading, fencing, cross-sections, street crossings and under crossings, signage (if appropriate), lighting and landscaping. The plan shall be approved prior to recordation of the final map or approval of the final map by the City Council. 42. Maintenance Exhibit. Prior to map recordation, the developer shall prepare an exhibit that shows all open space lots within the tract and the maintenance entity for each lot. The exhibit shall be reviewed and approved by the Community Development Department and Public Works and Engineering Department. Prior to Issuance of Grading Permits 43. Paleontologist Required. The permittee shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project-specific plan for monitoring site grading/earthmoving activities (project paleontologist). The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows: A. The project paleontologist shall participate in a pre-construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. B. Paleontological monitoring of earthmoving activities will be conducted on an as-needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around 19 the fossil site and the project paleontologist called to the site immediately to recover the remains. E. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. F. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. G. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (e.g., Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet-signed original copies of the report shall be submitted directly to the Community Development Department along with a copy of this condition and the grading plan for appropriate case processing and tracking. 44. Hillside Development Standards. The land divider/permit holder shall cause grading plans to be prepared which conform to the Hillside Development Standards: all cut and/or fill slopes, or individual combinations thereof, which exceed ten feet in vertical height shall be modified by an appropriate combination of a special terracing (benching) plan, increase slope ratio (i.e., 3:1), retaining walls, and/or slope planting combined with irrigation. 45. Slope Grading Techniques. The land divider/permit holder shall cause grading plans to be prepared which show all cut slopes located adjacent to ungraded natural terrain and exceed ten (10) feet in vertical height to be contour-graded incorporating the following grading techniques: 20 1. The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 2. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. 3. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. 4. Where cut and/or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. 46. Section 1601/1603 Permit. Should any grading or construction be proposed within or along the banks of any natural watercourse or wetland located either on-site or on any required off-site improvement areas, the land divider/permit holder shall provide written notification to the Community Development Department that the appropriate California Department of Fish and Game notification pursuant to Sections 1601/1603 of the California Fish and Game Code has taken place. Or, the land divider shall obtain an "Agreement Regarding Proposed Stream or Lake Alteration" (Section 1601/1603 Permit). Copies of any agreement shall be submitted with the notification. 47. Section 404 Permit. Should any grading or construction be proposed within or alongside the banks of the watercourse or wetland, the land divider/permit holder shall provide written notification to the Community Development Department that the alteration of any watercourse or wetland, located either on- site or on any required off-site improvement areas, complies with the U.S. Army Corp of Engineers Nationwide Permit Conditions. Or, the land divider shall obtain a permit under Section 404 of the Clean Water Act. Copies of any agreements shall be submitted along with the notification. 48. SKR Fee. Prior to the issuance of a grading permit, the land divider/permit holder shall comply with the provisions of Riverside County Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Riverside County Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 162 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. 49. Fee Balance. Prior to issuance of grading permits, the Community Development Department shall determine if the deposit based fees are in a 21 negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 50. Grading Plan Review. The land divider/permit holder shall cause a plan check application for a grading plan to be submitted to the Community Development Department for review by the Engineering Department. Said grading plan shall be in conformance with the approved tentative map, in compliance with County Ordinance No. 457, and the conditions of approval for the tentative map. 51. NPDES Compliance. Since this project will disturb one (1) or more acres or is part of a larger project that will disturb one or more acres, it will require a National Pollutant Discharge Elimination System (NPDES) Construction General Permit from the State Water Resources Control Board. Clearance for grading shall not be given until either the district or the Engineering Department has determined that the project has complied with the current requirements regarding the NPDES Construction General Permit. 52. Illegal Dumping Cleanup. The permit holder shall contact the Riverside County Waste Management Department to identify existing illegal dumping grounds on site and to coordinate the safe and lawful removal and disposal. A letter of completion shall be submitted to the Community Development Department. 53. Preserve Boulders and Outcroppings. The permit holder shall consult with the City’s Landscape Architect to identify existing boulders and outcrops on site that can be preserved, relocated/reused, and incorporated in the overall landscape design where feasible. An exhibit shall be prepared showing the existing and proposed location of such features and shall be incorporated in the Landscape Plot Plan. 54. Archaeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the representative(s) from the Native American Tribe (s) shall be included in the pre-grade meetings to provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance in sensitive areas with the grading contractors. The Project Archaeologist and the Tribal representative(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal representative(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this 22 condition of approval. Upon verification, the Community Development Department shall clear this condition. Any newly discovered cultural resources shall be subject to an evaluation, in consultation with the Native American Tribe(s) and which will require the development of a treatment plan and monitoring agreement for the newly discovered resources. The project archaeologist shall submit a complete final monitoring report no later than 60 days following completion of the monitoring activities to the City of Menifee, the property owner, the Eastern Information Center and the appropriate Tribes. The report shall document the monitoring activities, any resources that were identified, their final disposition, complete DPR site record forms and inventory records, and any other pertinent information associated with the Project. 55. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 56. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a ten (10) percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as fifty percent (50%). 23 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; 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; 24 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. 57. Trails Plans. Prior to the issuance of any grading permits, the applicant shall submit grading plans and construction specifications to the City of Menifee Community Services Department and Engineering Department for review and approval. These grading plans shall show the location of all trails consistent with the approved trails plan which was required prior to map recordation. Prior to Issuance of Building Permit 58. Roof Mounted Equipment. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy saving devices shall be permitted with Community Development Department approval. 59. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation, as defined by County Ordinance No. 348. 60. Underground Utilities. All utility extensions within a lot shall be placed underground. 61. Conform Final Site Plan. Final clearance shall be obtained from the Community Development Department - stipulating that the building plans submitted conform to the approved Final Plan of Development. 62. School Mitigation. Impacts to the Menifee Union School District and Perris Union High School District shall be mitigated in accordance with California State law. 63. Submit Building Plans. The land divider/permit holder shall cause building plans to be submitted to the Community Development Department for review by the Building Department. Said plans shall be in conformance with the TENTATIVE MAP. 64. Fee Balance. Prior to issuance of building permits, the Community Development Department shall determine if the deposit based fees are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 65. Final Site of Development. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. 25 Subdivision development shall conform to the approved plot plan and shall conform to the Countywide Design Guidelines or subsequent guidelines adopted by the City. The plot plan shall be approved by the Community Development Director prior to issuance of Building Permits for lots included within that plot plan. The plot plan shall contain the following elements: 1) A final site plan (40' scale precise grading plan) showing all lots, building footprints, setbacks, mechanical equipment and model assignments on individual lots. 2) Each model floor plan and elevations (all sides). 3) Three (3) sets of photographic or color laser prints (8" x 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations in accordance with the approved Design Manual and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 4) At a minimum there should be three different floor plans for each Area, as defined in the Design Guidelines. The number of floor plans for each Area shall be in accordance with the Design Guidelines. For development projects that are to be constructed in phases, a phasing plan shall be submitted to assure that the requirements for the number of floor plans is being met. 5) Homes and garages shall be placed at varying distances from the street and have varying entry locations. 6) The colors and materials on adjacent residential structures should be varied to establish a separate identity for the dwellings. A variety of colors and textures of building materials is encouraged, while maintaining overall design continuity in the neighborhood. Color sample boards shall be submitted as a part of the application and review process. 7) All new residences with garages shall be provided with roll-up (i.e. on tracks) garage doors (either sectional wood or steel). At least twenty-five percent (25%) of the garage doors in any project should have windows. NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by this subdivision's conditions of approval. However, this FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared individually. SITE SPECIFIC: LOTS 1-16 SHALL ALL BE BUILT AS ONE STORY HOMES. 26 66. Landscape Plot Plan. The land divider/permit holder shall file five (5) sets of a Landscaping and Irrigation Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with City Requirements, Menifee Municipal Code Chapter 15.04 and Chapter 9.86, Ordinance 348 Section 18.12, Sections 19.300 through 19.304., APPROVED EXHIBIT L and the TENTATIVE MAP conditions of approval. The plan shall address all areas and conditions of the tract requiring landscaping and irrigation to be installed including, but not limited to lot 178, common area and/or basin landscaping, and individual front yard landscaping. Emphasis shall be placed on using plant species that are drought tolerant and low water using. If the detention basin is proposed to be maintained by an HOA or other non- public entity, landscape plans shall include landscaping for this area. If the detention basin is proposed to be maintained by the Community Facilities District, a confirmation of acceptability by the City of Menifee Engineering Department for proposed landscaping shall be provided to the Community Development Department. The plans shall provide for the following: 1) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems are encouraged. 2) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Community Development Department. Utilities shall be placed underground. 3) Any required landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 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. 27 7) All specimen trees and significant rock outcroppings on the subject property intended for retention shall be shown on the project's grading plans. Replacement trees for those to be removed shall also be shown. 8) All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked. 9) Multi-programmable irrigation controllers which have enough programs to break up all irrigation stations into hydro zones shall be used. If practical and feasible, rain shutoff devices shall be employed to prevent irrigation after significant precipitation. Irrigation systems shall be designed so areas which have different water use requirements are not mixed on the same station (hydro zones). Assistance in implementing a schedule based on plant water needs is available from CIMIS or Mobile Lab. The use of drip irrigation should be considered for all planter areas that have a shrub density that will cause excessive spray interference of an overhead irrigation system. Use flow reducers to mitigate broken heads next to sidewalks, streets, and driveways. 10) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where possible. 11) The Landscape Plot Plan shall include native boulders and outcrops in the overall landscape design as proscribed in condition of approval titled “Preserve Boulders and Outcroppings”. 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. 67. Walls/Fencing Plot Plan. The land divider/permit holder shall file three (3) sets of a Wall/Fencing Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30. a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval and the Countywide Design Guidelines. 1. 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. 2. All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments, as approved by the Planning Department. 28 3. All wood fencing shall be treated with heavy oil stain to match the natural shade to prevent bleaching from irrigation spray. 4. All wood fence posts shall be steel set in concrete. 5. Side yard gates are required on one side of front yard, and shall be constructed of wrought iron, tubular steel, weed, or slump stone or masonry with a tubular steel combination. Side and rear yard fencing shall be masonry, slump stone or other material of similar appearance, maintenance, and structural durability and no higher than three (3'). Chain link fencing is not permitted. All construction must be of good quality and sufficient durability with an approved stain and/or sealant to minimize water staining. (Applicants shall provide specifications that shall be approved by the Community Development Department). 6. All new residences constructed on lots of less than 20,000 square feet shall include rear and side yard fencing constructed of masonry block that is a minimum of five (5) feet in height. The maximum height of walls or fencing shall be six (6) feet in height. In the desert areas, block walls are discouraged on the perimeter in favor of increased setbacks with extensive drought tolerant landscaping, berms and fencing such as split rails. 7. All lots having rear and/or side yards facing local streets or otherwise open to public view shall have fences or walls constructed of decorative block, 8. Corner lots shall be constructed with wrap-around decorative block wall returns. 9. 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. 10. Perimeter block walls shall be coating with an anti-graffiti coating. 11. Retaining walls shall be constructed of decorative block (minimum split face) and provide a masonry cap (rolled mortar cap not allowed). 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 WALL/FENCING PLAN condition of approval shall be cleared individually. 68. Entry Monument Plans. The land divider/permit holder shall file three (3) sets of an Entry Monument and Gate plot plan to the Community Development Department for review and approval. Entry monuments should be located on either side of the primary project entrance (Lot A) and Valley Boulevard. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with City of Menifee 29 Ordinance No. 2015-167, the TENTATIVE MAP conditions of approval and the Countywide Design Guidelines. 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 monument(s) and/or gate(s) 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) and/or gate(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 and GATES PLAN condition of approval shall be cleared individually. The monument plan shall be approved prior to issuance of Building Permits. If monuments do not accommodate design requirements of the Countywide Design Guidelines or meet line of sight requirements, a Lot Line Adjustment or a Minor Change to the TENTATIVE MAP may be necessary. 69. 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 and shall be designed as prescribed in the Countywide Design Guidelines: 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 30 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. 70. Building Separation. Building separation between all buildings shall not be less than ten (10) feet. Additional encroachments are only allowed as permitted by County Ordinance No. 348. 71. Illegal Dumping Cleanup. The permit holder shall contact the County of Riverside Waste Management Department to identify existing illegal dumping grounds on site and to coordinate the safe and lawful removal and disposal of existing refuse. A letter of completion shall be submitted to the Community Development Department. 72. Single Story Homes. Lots 1-16 shall all be built as one-story homes. 73. Performance Securities. Performance securities, in amounts to be determined by the Community Development Director to guarantee the installation of plantings, irrigation system, trails, walls and/or fences for the proposed basin, in accordance with the approved plan, shall be filed with the Community Development Department. Securities may require review by the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the Six Month and One-Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. Security deposits are only required for common area landscaped areas. 74. Landscape Inspection Deposit. Prior to issuance of Building Permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre-installation inspections, installation inspections, Six Month Post Establishment and One Year Post Establishment Landscape Inspections for landscaping within the proposed park, basins, and other common areas. The amount of hours for the Inspections will be 31 determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. 75. Quimby Fees. Payment of in-lieu fees. The proposed subdivision may fulfill Quimby obligations through the payment of in-lieu fees for parks. Prior to the issuance of a building permit, the City Manager or his/her designee shall determine the amount of Quimby Fees to be paid by the subdivider. Quimby fees shall be paid directly to the city prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. 76. Park Plans. Prior to building permit issuance, the applicant shall submit a working park plan for the 3.32 acre park on lot 179 to the City of Menifee Community Services Department for review and approval. The plan shall be prepared consistent with the park plan requirements detailed in Menifee Municipal Code Chapter 9.86 and Park Design Guidelines, and with Menifee Municipal Code Chapter 15.04 for water efficient landscaping. The park plan shall be a working drawing. Prior to Final Inspection 77. Block Wall Anti-graffiti. The land divider/permit holder shall construct a six (6) foot high decorative block wall as depicted on Exhibit W. The required wall shall be subject to the approval of the Community Development Department. 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. 78. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation as defined by City of Menifee Municipal Code 9.86. Landscaping and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04, Riverside County Guide to California Friendly Landscaping, and Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts. The front yard landscaping must be installed prior to final occupancy release. 79. Concrete Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 80. Fencing and Wall Compliance. Walls and Fencing shall be provided throughout the subdivision in accordance with the approved final site development plans and/or wall and fence plans. 81. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be installed in accordance with the approved entry monument plans. 82. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations approved as part of the final site of development plan. 83. Final Planning Inspection. The permittee shall obtain final occupancy sign-off 32 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. 84. SKR Fees. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection, whichever comes first, the land divider/permit holder shall comply with the provisions of Riverside County Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary, depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Riverside County Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 162 acres (gross) in accordance with TENTATIVE MAP. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Riverside County Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 85. Mitigation Monitoring. The land divider/permit holder shall prepare and submit a written report to the Community Development Department demonstrating compliance with all these conditions of approval and mitigation measures of this permit and Environmental Assessment No. 39098. The Community Development Director may require inspection or other monitoring to ensure such compliance. 86. Roll-Up Garage Doors. All residences shall have automatic roll-up garage doors. 87. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. 88. DIF Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the f ees collected. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 33 89. MSHCP Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 810, which requires payment of the appropriate fee set forth in the Ordinance. Ordinance No. 810 has been established to set forth policies, regulations and fees related to the funding and acquisition of open space and habitat necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 90. Quimby Fees. Any 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. The land divider/permit holder shall present certification to the Community Development Department that payment of parks and recreation fees and/or dedication of land for park use in accordance with Section 10.35 of County Ordinance No. 460 has taken place. Said certification shall be obtained from the City of Menifee. 91. 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?” 92. 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. 93. Landscape Installation. All required landscape planting and irrigation (including within any detention basins, expanded parkways, entry monuments, or other landscaping within any open space lot), shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee 34 Municipal Code Chapter 15.04 and 9.86 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 94. 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. Prior to Issuance of Given Building Permit or Occupancy 95. Trail Construction 1. Prior to the issuance of the 89th building permit, the applicant shall build the 14 foot wide trails as shown on the approved trails plan for the eastern portion of the trail generally located between the eastern boundary of the project and behind proposed lot 60 at Lot H. 96. Trail Construction 2. Prior to the issuance of the 125th building permit, the applicant shall build the 14 foot wide trails as shown on the approved trails plan, including the remaining western portion of the trails starting behind lot 60 at Lot H and proceeding to the northern and western portions of the developed area. 97. Park Construction. Prior to the issuance of the 89th Building Permit within the TENTATIVE MAP, the park within lot 179 shall be constructed, fully operable and open for public use. 35 Section III: Engineering/Transportation/ Grading Conditions of Approval 36 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: 98. Subdivision Map Act: The developer/property owner shall comply with the State of California Subdivision Map Act. 99. 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. 100. Street Sweeping: Owner shall cause property to be annexed into the City’s citywide CFD 2015-2 as the district funding mechanism to pay for the project’s participation in the City’s street sweeping services, as approved by the City Engineer. 101. 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. 102. 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. 103. 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. 104. Construction Times Of Operation: The developer/property owner shall monitor, supervise, and control all construction and construction related 37 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. (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. 105. 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. 106. Map Definitions: The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 31456 shall be henceforth defined as follows: TENTATIVE MAP = Tentative Tract Map No. 31456, Amended No. 4, dated 12/14/05. FINAL MAP= Final map for the TENTATIVE TRACT MAP whether recorded in whole or in phases. APPROVED EXHIBIT "L"= EXHIBIT "L" dated 12/20/2005 107. Project Description: The project is a Schedule A tract map proposing to subdivide 161.34 gross acres into 177 residential lots with a minimum lot size of 7,200 square feet, one (1) 2.60 acre basin, one (1) 3.32 acre park and 96.83 acres of open space. 38 108. 90 Days to Protest: The land divider has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 109. AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a. Source separate recyclable and/or compostable material from solid waste and donate or self-haul the material to recycling facilities. b. Subscribe to a recycling service with their waste hauler. c. Provide recycling service to their tenants (if commercial or multi-family complex). d. Demonstrate compliance with the requirements of California Code of Regulations Title 14. 110. AB 1826. AB 1826 (effective April 1, 2016) requires businesses to generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the follo9wing actions in order to divert organic waste from disposal: a. Source separate organic material from all other recyclables and donate or self-haul to a permitted organic waste processing facility. b. Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826. c. Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project. Prior to Building Permit Issuance 111. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/façade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. 39 The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. 112. Waste Recycling Plan. Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP) shall be submitted to the City of Menifee Engineering/Public Works Department approval. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. Prior to Certificate of Occupancy 113. Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. B. GRADING: General Conditions 114. Gin Introduction: Improvement such as grading, filling, over excavation and re-compaction, and base or paving which require a grading permit are subject to the included PW Engineering Department – Land Development Division conditions of approval. 115. Obey All Grading Regs: All grading shall conform to the latest California Building Code, City adopted County Ordinance 457, and all other relevant laws, rules and regulations governing grading in Riverside County and prior to commencing any grading which includes 50 or more cubic yards, the applicant shall obtain a grading permit from the PW Engineering Department. 116. Disturbance Needs Grading Permit: Ordinance 457 requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 40 117. Dust Control: All necessary measures to control dust shall be implemented by the developer during grading. 118. 2:1 Max Slope Ratio: Grade slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 119. Minimum Drainage Grade: Minimum drainage grade shall be 1% except on Portland cement concrete where 0.35% shall be the minimum. 120. Drainage and Terracing: Provide drainage facilities and terracing in conformance with the California Building Code's chapter on "Grading." 121. Slope Setbacks: Observe slope setbacks from buildings and property lines per the California Building Code - as amended by Ordinance 457. 122. No Grading and Subdividing: IF MASS GRADING IS PROPOSED - UNDER A PREVIOUSLY APPROVED SUBDIVISION, AT THE SAME TIME THAT APPLICATION FOR FURTHER SUBDIVISION FOR THAT PARCEL IS BEING MADE, AN EXCEPTION TO ORDINANCE 460 SECTION 4.4.B IS REQUIRED. OBTAIN THE EXCEPTION FROM THE PLANNING DIRECTOR. 123. 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. Prior to Final Map Recordation 124. 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 Grading Permit Issuance 125. Grading Bonds: Grading in excess of 199 cubic yards will require performance security to be posted with the PW Engineering Department. Single Family Dwelling units graded one lot per permit and proposing to grade less than 5,000 cubic yards are exempt. 126. Slope Erosion Control: Erosion control- landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by 41 a registered landscape architect and bonded per the requirements of Ordinance 457, see form 284-47. 127. Geotech/Soils Report: Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the PW Engineering Department's Land Development Division for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the PW/Engineering Department.* *The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS. 128. Drainage Design Q100: All grading and drainage shall be designed in accordance with Riverside County Flood Control & Water Conservation District's conditions of approval regarding this application. If not specifically addressed in their conditions, drainage shall be designed to accommodate 100 year storm flows. Additionally, the PW Engineering Department's conditional approval of this application includes an expectation that the conceptual grading plan reviewed and approved for it complies or can comply with any WQMP (Water Quality Management Plan) required by the City. 129. Off-Site Grading Onus: Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. 130. 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. 131. 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, and a Notice of Termination (NOT) has been issued by the SWRCB. The SWRCB 42 considers a construction project complete once a Notice of Termination has been issued. 132. 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. 133. IMPORT/EXPORT: In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the Public Works department. If an Environmental Assessment, prior to issuing a grading permit, did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director for review and comment and to the Public Works Department Director for approval. Additionally, if the movement of import/export occurs using City roads, review and approval of the haul routes by the Transportation Department will be required. Prior to Building Permit Issuance 134. Grading Permit: Prior to issuance of any building permit, the property owner shall obtain a grading permit and/or approval to construct from the Public Works Department. 135. 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 f orms, and shall be submitted to the Public Works Engineering Department for verification and acceptance. 136. 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 Certificate of Occupancy 137. 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 as approved by the Public Works Department's Erosion Control Specialist. 138. Drainage Swales: 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 43 exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. 139. 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. 140. 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: General Conditions 141. Flood Hazard Report: Tract 31456 proposes to subdivide 161 acres into single family residences in the Sun City area. The project is located west of Valley Boulevard between McCall Boulevard and City Boulevard. The topography of the project site consists of well-defined ridges and natural watercourses that traverse the property. The site drains in three directions. Calculations have been submitted in support for the detention/debris basin shown on the tentative map. The basin shall not discharge more than the design flow rate for the existing flow through the 54-inch storm drain crossing Valley Boulevard, the capacity of which has been identified to be 270.8 cfs. The project shall provide a hydraulic model to determine how the system functions in order to validate the hydraulic capacity, velocities, and hydraulic grade line through the system, which must be approved by the City Engineer. Incremental increased runoff due to development of this site need not be considered. The basin must meet City standards (ie maintenance access to the basin perimeter as well as to the toe of any embankment). >>>>Offsite/Open Space Flows>>>>> The tract receives offsite debris laden storm runoff from the foothills along the northern and western boundary of the property. A storm drain and inlets works are proposed to collect these flows and convey flows to the proposed basin. Interceptor drains are proposed on the northeast corner and along the western boundary of this tract to collect offsite flows. The interceptor ditches shall meet the City’s criteria described in (see original County COA 10.FLOOD.RI.15) “10.FLOOD.RI.15: The criteria for maintenance access of terrace/interceptor is as follows: A minimum 5-foot access road shall be provided at appropriate / feasible intervals, approved by the PW Engineering Department, in order for maintenance entities to acquire access to interceptor drains. Flows between 6-10 cfs shall be a minimum 6-foot rectangular 44 channel. Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. “ The proposed inlet located just west and above Lot 163 requires special attention. If this inlet and/or interceptor ditch were to become plugged, it is likely flows would break out and impact Lot 163. In order to prevent this, the inlet shall be sized for bulked flows, and the shape of the interceptor ditch shall be a rectangular section, not a trapezoid. 142. 10 YR Curb – 100 YR ROW: The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 143. 100 YR Sump Outlet: Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 144. Coordinate Drainage Design: Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. 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 PW Engineering Department for review. 145. Interceptor Drain Criteria: A minimum 5-foot access road shall be provided at intervals, as approved by the PW Engineering Department , in order for maintenance entities to acquire access to interceptor drains. 146. Perpetuate Drainage Patterns: 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 areas, outlet points and outlet conditions. Otherwise, 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 City of Menifee for review. 147. Map Owner Maintenance Notice: The subdivider shall record sufficient documentation to advise purchasers of any lot within the subdivision that the owners of individual lots are responsible for the maintenance of the drainage facility within the drainage easements shown on the final map. 148. 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. 45 149. Trash Racks: Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 150. Construct Detention/Debris Basin: Debris catchment volumes maybe based upon the yields approved for the Menifee Specific Plan or an independent study may be submitted to the PW Engineering Department for review and approval. The basin shall be designed so that capacity of the existing 54-inch storm drain connection in Valley Boulevard is not exceeded. The basin must meet City standards (ie maintenance access to the basin perimeter as well as to the toe of any embankment). Prior to Map Recordation 151. Submit Plans: A copy of the improvement plans, grading plans, final map, environmental constraint sheet, BMP improvement plans, and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the PW Engineering Department for review. All submittals shall be date stamped by the engineer and include a completed City Deposit Based Fee Worksheet and the appropriate plan check fee deposit. For facilities proposed for ownership by the Flood Control District, plans shall be submitted to Flood Control with a Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 152. Onsite Easements on Final Map: 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". 153. Offsite Easements or Redesign: Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the PW Engineering Department prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 154. Written Permission for Grading: Written permission shall be obtained from the affected property owners allowing the proposed grading and/or facilities to be installed outside of the tract boundaries. A copy of the written authorization shall be submitted to the PW Engineering Department for review and approval. 155. Items to Accept Facility: Construction inspection of the flood control facilities to be built with this tract must be performed by either the PW Engineering Department and/or the Flood Control District. For storm drain facilities proposed to be publicly owned and maintained, the developer (owner) must request in writing that one of these agencies accept the proposed system. The request shall note the project number, location, briefly describe the system (sizes and lengths) and include an exhibit that shows the proposed alignment. The request to the District shall be addressed to the 46 General Manager-Chief Engineer, Attn: Chief of the Planning Division. If the Flood Control District is willing to maintain requested facilities, three items must be accomplished prior to recordation of the final map or starting construction of the drainage facilities: 1) the developer shall submit to the District the preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the District and secure that right of way to the satisfaction of the District; 2) an agreement with the District and any maintenance partners must be executed which establishes the terms and conditions of inspection, operation and maintenance; and 3) plans for the facility must be signed by the District's General Manager-Chief Engineer. The plans cannot be signed prior to execution of the agreement. An application to draw up an agreement must be submitted to the attention of the District's Administrative Services Section. All right of way transfer issues must be coordinated with the District's Right of Way Section. The engineer/developer will need to submit proof of flood control facility bonds and a certificate of insurance to the District's Inspection section before a pre-construction meeting can be scheduled. 156. Storm Drain Facilities Maintenance Designation, Reference Map Exhibit Z– The maintenance designation map identifying the storm drain facilities proposed for ownership and maintenance by either the Riverside County Flood Control Facilities or the City of Menifee, shall be included as an exhibit to the proposed Tentative Tract Map. The exhibit was prepared by ACS Consulting Inc. and stamped received by PW Engineering Department on Dec 28, 2015. In summary the following are proposed:  Facilities proposed for Ownership and Maintenance by the RCFC: Line “A”, Lateral Line “A-3, and Debris Basin “B”. These are the conveyance systems for flows from Collection Basin A and Collection Basin A-3  Facilities proposed for Ownership and Maintenance by the City of Menifee: Lines B, D, E; Laterals A-1, A-2, A-3A, A-4, A-5, E; all CP laterals within public right of ways; Collection Basin A, Collection Basin A- 3, and Water Quality Basin B All proposed facilities are within planned public right of ways, and shall be consistent with the preliminary drainage study prepared and reviewed for this development. In the event the proposed conceptual drainage design change during final engineering, the change including the system ownership and maintenance responsibilities shall reviewed and approved by the Flood Control District and the City of Menifee. The developer acknowledges that substantial design changes may require resubmittal of the tentative tract map for further consideration. 157. Materials Testing and Inspection Report for the 54” RCP – A Materials and Inspection Report for the Existing 54” RCP west of Valley Blvd prepared by Leighton and Associates, Inc. (Reference Project No. 10932-002, dated June 18, 2015) was submitted to the PW Engineering Department. All repair recommendations in the report may be included in the storm drain plans and studies through an as-built process, or submitted as a separate plan for review and approval by the PW Engineering Department. All approved 47 repairs shall be completed with the construction of the proposed Lateral Line E storm drain facility. However, prior to start of any repair, a specialty contractor shall submit a detailed method of construction and list of materials to be used for approval by the PW Engineering Department. The report shall be referenced and made a part of any construction plan for the described repair work. 158. Lateral Line “E” Connection to Existing Storm Drain System on Valley Blvd – Prior to final map recordation, the storm drain plans shall include the repair of the existing 54” RCP storm drain connection with a storm drain lateral located at station 4+26 as described in the inspection report for the existing 54” RCP, referenced in these conditions. Any necessary encroachment or access permit from the adjacent California Golf and Art Country Club shall be the responsibility of the applicant. 159. Updating the Materials Testing and Inspection Report for the Repair of the 54” RCP - The PW Engineering Department has reviewed the report described in these conditions preliminarily, however, since it is uncertain as to when the actual repair will occur, the developer shall resubmit a materials testing and inspection report for the 54” RCP within three months of the anticipated construction/repair work to reevaluate the current condition of the storm drain facility to be repaired. The resulting findings and recommendations, prepared by a licensed professional in the field, shall be reviewed and approved by the PW Engineering Department. The developer acknowledges that the design for the offsite storm drain system maybe impacted by any findings, and therefore should be responsible to implement all necessary repair recommendations by the updated report. Any costs associated with the review and approval of an updated report shall be the responsibility of the developer. D. STREET IMPROVEMENTS & DEDICATIONS General Conditions 160. Conform to Standards: 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. 161. Map Resubmittal: 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. 162. 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. 48 163. 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. 164. 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 City adopted Riverside County Ordinances 460/461 and Eastern Municipal Water District standards. 165. Water Mains and Hydrants: All water mains and fire hydrants providing required fire flows shall be constructed in accordance with City adopted Riverside County Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department. 166. 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. 167. TS/Conditions 1: As previously conditioned by the County of Riverside: The Transportation Department has reviewed the traffic study submitted for the referenced project. The study has been prepared in accordance with County- approved guidelines. We generally concur with the findings relative to traffic impacts. The Comprehensive General Plan circulation policies require a minimum of Level of Service 'C', except that Level of Service 'D' may be allowed with Board of Supervisors' approval in community development areas at intersections of any combination of secondary highways, major highways, arterials, urban arterials, expressways or state highways and ramp intersections. The study indicates that it is possible to achieve adequate Level of Service for the following intersections based on the traffic study assumptions. Valley Boulevard (NS) at: North Project Access (EW) Cherry Hills Boulevard (EW) South Project Access (EW) Murrieta Road (NS) at: McCall Boulevard (EW) Cherry Hills Boulevard (EW) Sun City Boulevard (NS) at: McCall Boulevard (EW) Cherry Hills Boulevard (EW) Bradley Road (NS) at: McCall Boulevard (EW) 49 I-215 Freeway SB Ramps (NS) at: McCall Boulevard (EW) I-215 Freeway NB Ramps (NS) at: McCall Boulevard (EW) As such, the proposed project is consistent with this General Plan policy. The associated conditions of approval incorporate mitigation measures identified in the traffic study, which are necessary to achieve or maintain the required level of service. Based on the previously County approved TS from 2003, conclusions were based on “opening year” traffic conditions, projected at the time to be 2005. With this Extension of Time, a revised Traffic Impact Analysis (TIA) will be required prior to final map recordation, based on current traffic counts and information, and current City of Menifee Traffic Preparation Guidelines. The TIA shall be reviewed and approved by the PW Engineering Department prior to approval of a final map. 168. Drainage 1: The land divider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the PW Engineering Department. 169. Drainage 2: The land divider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the PW Engineering Department permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities and/or appropriate easements as approved by the PW Engineering Department. 170. Std Intro (Ord 460/461): With respect to the conditions of approval for the referenced tentative exhibit, the land divider shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with City adopted County Ordinance 460 and City adopted Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and all conditions of approval are essential parts and a requirement occurring in ONE is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the PW/Engineering Department. 50 171. Off-Site Phase: Should the applicant choose to phase any portion of this project, said applicant shall provide off-site access roads to City maintained roads as approved by the PW Engineering Department. Prior to Map Recordation 172. Dedications: As previously conditioned by the County of Riverside: Lot 'A' (entry) shall be improved within the dedicated right -of-way in accordance with County Standard No. 103, Section A. (46'/76') (modified) Lots 'F' ad 'G' shall be improved within the dedicated right-of-way in accordance with County Standard No. 105, Section A. (36'/60') Lots 'A', 'B'. 'C', 'D', 'E', 'H', 'I' and 'J' shall be improved within the dedicated right-of-way in accordance with County Standard No. 104, Section A. (40'/60') Street sections shall meet current City of Menifee standards and specifications and shall be approved by the PW Director/City Engineer. 173. Existing Maintained: As previously conditioned by the County of Riverside: Valley Boulevard is a paved County maintained road and shall be improved with concrete curb-and-gutter located 43 feet from centerline and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the City of Menifee PW/Engineering Department, within a 64 foot half-width dedicated right-of-way in accordance with draft County Standard No. 92, (1 of 2). (43'/64') Street sections shall meet current City of Menifee standards and specifications, and shall be approved by the PW Director/City Engineer. 174. Improvement Plans: Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City of Menifee Public Works Department. Completion of road improvements does not imply acceptance for maintenance by City. 175. Off-Site Info: The off-site rights-of-way required for said access road(s) shall be accepted for public purposes if not already accepted. 176. Easement/Sur: Any easement not owned by a public utility, public entity or subsidiary, not relocated or eliminated prior to final map approval, shall be delineated on the final map in addition to having the name of the easement holder, and the nature of their interests, shown on the map. 177. Street Name Sign: The land divider shall install street name sign(s) in accordance with City adopted County Standard No. 816 as directed by the PW/Engineering Department. 178. Landscaping: The project proponent shall comply in accordance with landscaping requirements within public road rights-of-way, in accordance with City adopted County Ordinance 461. Landscaping shall be installed within 51 Valley Boulevard and Lot 'A' (entry street). Landscaping plans shall be submitted on standard City Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. For landscaping improvements where maintenance is to be provided by the citywide Community Facilities Maintenance District (CFD 2015-2), landscaping plans shall depict ONLY such landscaping, irrigation and related facilities that are to be placed within the public road rights-of-way and easements dedicated to the City for CFD maintenance. 179. Soils 2: The developer/owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of-way. 180. 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 Engineering Department. 181. 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/City Engineer. 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 and meter 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. 182. Street Light 1 Cert.: Prior to final map recordation, the developer shall guarantee the construction of street lights supporting the proposed development, per City of Menifee standards and specifications. 183. Off-Site Access 1: The landowner/developer shall provide/acquire sufficient public off-site rights-of-way to provide for a paved access road to a paved and maintained road. Said access road shall be constructed in accordance with County Standard No. 104, Section A (40'/60') at a grade and alignment as approved by the City Engineer. 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 easterly extension of Lot 'D' to Valley Boulevard a paved and City maintained highway. *NOTE* Concrete and curb and gutters, 6' wide curb face sidewalks, and curb returns will be required as part of the offsite access road requirements. 184. Streetlight Plan: A separate street light plan is required for this project. Street lighting shall be designed in accordance with City standards and specifications. 52 185. R&BBD: Prior to the recordation of the final map, or any phase thereof, the project proponent shall pay fees in accordance with Zone B 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 which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit. 186. Corner Cutback 1: All corner cutbacks shall be applied per Standard 805, Ordinance 461, except for corners at Entry streets intersecting with General Plan roads, they shall be applied per Exhibit 'C' of the City adopted, Riverside Countywide Design Guidelines. 187. Utility Plan: Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with City adopted County ordinance 460 and 461, or as approved by the PW Engineering Department. The applicant is responsible for coordinating the work with the serving utility company. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. A written proof for initiating the design and/or application of the relocation issued by the utility company shall be submitted to the PW Engineering Department for verification purposes. 188. Street Name Sign: The land divider shall install street name sign(s) in accordance with City adopted County Standard No. 816 as directed by the PW/Engineering Department. 189. 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 Grading Permit Issuance 190. Submit Plans: A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the PW Engineering Department for review. The plans must receive PW Engineering Department approval prior to the issuance of grading permits. All submittals shall be date stamped by the engineer and include a completed City Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 191. Erosion Control after Rough Grading: Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the PW Engineering Department for review. 53 192. Off-Site Easement or Redesign: Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the PW Engineering Department prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 193. Street Name Sign: The land divider shall install street name sign(s) in accordance with City adopted County Standard No. 816 as directed by the PW/Engineering Department. 194. 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 Building Permit Issuance 195. Garage Doors: Garage door setbacks for all residential zones shall be 24 feet for a conventional door or 20 feet for a roll-up door, measured from the back of the sidewalk to the face of garage door or the face of the curb if no sidewalk is required, or 20 feet from the street right-of-way, whichever setback is greater. 196. 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. 197. 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 Certificate of Occupancy 198. 80% Completion: Occupancy releases will not be issued by Building and Safety 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 54 confirmation of acceptance for use by the Flood Control District, if app licable, 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. 199. Intersection/50’ Tangent: All centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50' tangent, measured from flowline/curbface or as approved by the City Engineer. 200. WRCOG – TUMF: Prior to the issuance of an occupancy permit, the project proponent shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to Ordinance No. 824. 201. Street Lights Install: Install streetlights along the streets associated with development in accordance with the approved street lighting plan and City of Menifee standard plans and specifications. Street light annexation into the citywide CFD, as approved by the PW Engineering Department, shall be completed. It shall be the responsibility of the Developer to ensure that streetlights are energized along the streets of those lots where the Developer is seeking Building Final Inspection (Occupancy). 202. Utility Install: Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with ordinance 460 and 461, or as approved by the PW Engineering Department. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A certificate should be obtained from the pertinent utility company and submitted to the PW Engineering Department as proof of completion. 203. Graffiti Abatement: Prior to issuance of an occupancy permit the project proponent shall complete annexation into a City administered landscaping and lighting maintenance district, County Service Area and/or a Community Facilities District for graffiti abatement of walls and other permanent structures along City maintained road rights-of-way. 204. Landscaping: Prior to issuance of an occupancy permit, the project proponent shall complete annexation into a City administered landscaping and lighting maintenance district, County Service Area and/or a Community 55 Facilities District as approved by the PW Engineering Department for continuous landscape maintenance within for continuous landscape maintenance within public road rights-of-way, in accordance with Ordinance 461. 205. Driveways 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 Works Director/City Engineer. Prior to issuance of Certificate of Occupancy, the proposed driveway as shown on the proposed Plot Plan shall be constructed. Additional driveways will only be permitted upon approval by the City Public Works Director/City Engineer. 206. Signing and Striping Plan: A signing and striping plan is required for this project. The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. Any changes to the proposed development, may result in the need for additional striping, signage, or improvements to meet minimum requirements for circulation. 207. 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. 208. 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 56 proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e) The enclosure area shall be protected from receiving direct rainfall or run - on from collateral surfaces. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. Prior to Issuance of Grading Permit 209. 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: Hydrology/hydraulics report Soils Report that includes soil infiltration capacity Limited Phase II Environmental Site Assessment Report, as may be required by an approved Phase I ESA Report 57 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. 210. 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. 211. WQMP Right of Entry and Maintenance Agreement: Prior to, or concurrent with the approval of the FINAL WQMP, the developer/property owner shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to Issuance of Certificate of Occupancy 212. 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 been 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. 213. 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 58 Operation and Maintenance Plan, and shall include the site for in a City maintained database for future periodic inspection. 214. 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. G. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2 215. Prior to City incorporation, this development was conditioned to annex into the Riverside County Transportation and Land Management Agency (TLMA) Consolidated Landscape and Lighting Maintenance District (L&LMD, the Riverside County Economic Development Agency’s (EDA) County Service Area (CSA), and Valleywide Recreation & Parks District. These entities were to provide maintenance services of certain public facilities that will benefit the proposed development. The City of Menifee has now taken over the administration of these two special districts only for annexed properties within City boundaries. Although the City has now oversight on the assessment of this project under these Districts, annexations into these Districts are no longer considered by both the TLMA and the EDA. The development is proposing construction of certain facilities that will eventually become public, or provision of certain public services. These include maintenance and operation of water quality basins, street sweeping, landscape, streetlights, and graffiti abatement. The City has established a citywide maintenance Community Facilities District (CFD 2015-2) that provide either equivalent or additional services beyond the authorized service limits of the either the L&LMD or the CSA. Prior to Recordation of Final Map 216. 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. 217. CFD Annexation Agreement - In the event timing for this development’s schedule prevents the developer/property owner from complying with 59 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. 218. 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. 219. 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 for review and approval by the PW Engineering Department. The plans may be prepared for each map phase or as one plan for the entire development as determined by the PW Director. When necessary as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit. 220. 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. 221. 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. 222. 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. H. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 223. 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. 60 Prior to Recordation of Final Map 224. ZONE B 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 B 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 225. ADP FEES - Tract 31856 is located within the limits of the Homeland/Romoland Area Drainage Plan for which the Riverside County Flood Control District ADP Fees have been adopted. Drainage fees shall be paid with cashier's check or money order only to the District at the time of the issuance of grading permits for the approved parcels, or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the land owner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular Area Drainage Plan at the time of issuance of the grading permits or issuance of the building permits if grading permits are not issued. Prior to Issuance of Certificate of Occupancy 226. 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. 61 Section IV: Riverside County Fire Department Conditions of Approval 62 General Conditions 227. Blue Dot Reflectors. Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 228. 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 229. ECS Roofing Material. ECS map must be stamped by the Riverside County Surveyor with the following note: All buildings shall be constructed with class "B" material as per the California Building Code. 230. ECS Fuel Modification. ECS map must be stamped by the Riverside County Surveyor with the following note: Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that hould include but not limited to the following items: a) Fuel modification to reduce fire loading. b) Appropriate fire breaks according to fuel load, slope and terrain. c) Non flammable walls along common boundaries between rear yards and open space. d) Emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500'. e) A homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within the open space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVE CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER CONSERVATION AGENCY. 231. 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. 232. ECS Water-Combustible. ECS map must be stamped by the Riverside County Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. 63 Prior to Issuance of Grading Permit 233. Fuel Modification. Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following items: a) fuel modification to reduce fire loading b) appropriate fire breaks according to fuel load, slope and terrain. c) non flammable walls along common boundaries between rear yards and open space. d) emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500 feet e) a homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within open space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVE CONCURRENCE WITH THE RESPONBILE WILDLIFE AND/OR OTHER CONSERVATION AGENCY. Prior to Issuance of Building Permit 234. Tract Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water plans must be at the job site. 235. 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 236. 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. 64 Section V: Riverside County Environmental Health Conditions of Approval 65 General Conditions 237. 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. 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 238. Water Plan. A water system shall have plans and specifications approved by the water company and the Department of Environmental Health. 239. Money. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by County Counsel. 240. Sewer Plan. A sewer system shall have mylar plans and specifications as approved by the District, the County Survey Department and the Department of Environmental Health. 241. Annex Finalized. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. 242. Sewer Easements. Sewer easement for lot 118 required. Prior to Grading Permit 243. Hazmat Phase II. A Phase II Environmental Assessment is required to be completed for pesticides or other hazardous materials used on the property. The results must be reviewed by Haz Mat to verify that the levels are below hazardous waste criteria. If there are questions regarding the number of samples or other requirements, contact Doug Thompson at (951) 358-5055. 66 Section VI: Riverside County Environmental Programs Department Conditions of Approval 67 Prior to Issuance of Grading Permits 244. Gnatcatcher Nesting Survey. Potential suitable habitat for California gnatcatcher is present onsite and this property occurs within an MSHCP Cell, thus no grading permits may be issued during the breeding season (March 1 - August 15) without written documentation that no California gnatcatchers currently inhabit this site. A presence/absence survey for this species shall be conducted by a biologist that has an MOU with EPD and the findings submitted to EPD for review prior to issuance of any grading permit. 245. 30-Day Burrowing Owl Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre-construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the Environmental Programs Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The County Biologist shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. If 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. 68 Section VII: Riverside County Parks/ Community Services Department Conditions of Approval 69 General Conditions 246. Park Annexation. All parklands must be annexed into a Communities Facilities District or other acceptable mechanism as determined by the City of Menifee. Trail Maintenance. The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of any trail easement required under these conditions until such time as the maintenance is taken over by a Communities Facilities District or any other appropriate maintenance district. Prior to Final Map 247. Trail Easement. Prior to or in conjunction with the recordation of the final map, the applicant shall offer for dedication to the City of Menifee easements for trails purposes. This easement shall be as shown on the approved trails plan. The Sun City/Menifee Area Plan identifies trails traversing the proposed project area. The trails plan shall show these trails throughout the project and mostly combined with the paseos as identified on the exhibit. Prior to Issuance of Grading Permits 248. Trail Plan. Prior to the issuance of any grading permits, the applicant shall submit a trails plan to the Engineering and Public Works Department for review and approval. This trails plan shall show the trails as follows: The trails plan show shall the trails with topography, grading cross sections and plans for all street crossings/under crossings. The trails plan must be reviewed and approved by the Community Services Department, including the Parks, Recreation and Trails Commission. Prior to Building Permit 249. Trail Construction. Prior to the issuance of the 89th building permit, the applicant shall build the trails as shown on the approved trails plan. 70 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)