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PC16-258Resolution No. PC 16-258 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING EXTENSION OF TIME NO. 2015-179 FOR THE FIRST DISCRETIONARY ONE-YEAR EXTENSION OF TENTATIVE TRACT MAP NO. 31811 Whereas, on April 14, 2004, Brookfield California Land Company Holdings, the applicant, filed a formal planning application with Riverside County for Tentative Tract Map No. 31811 to subdivide 205.2 gross acres into 559 single family residential lots, located north of McLaughlin Road, south of Hwy 74 and east of Menifee Road and west of Briggs Road; and, Whereas, on September 27, 2005, the Riverside County Board of Supervisors held a duly noticed public hearing on an Addendum to EIR No. 423 (Environmental Assessment No. 39528) and Tentative Tract Map No. 31811, and at the meeting the Riverside County Board of Supervisors adopted the Addendum to Environmental Impact Report No. 423 and approved Tentative Tract Map No. 31811; and, Whereas, on July 15, 2008, California Senate Bill 1185 was signed into law, which added sections 66452.11 through 66452.13 to the Subdivision Map Act (California Government Code) by automatically extending the life of any tentative Parcel map, vesting tentative Parcel map, or tentative parcel map for one additional year, if the map approval had not expired by July 15, 2008 but would expire before January 1, 2011. SB1185 applied to Tentative Tract Map No. 31811 and extended the expiration date of the map to September 28, 2009; and, Whereas, on July 15, 2009, Assembly Bill 333 was signed into law, which amended Section 65961 and added Section 66452.22 to the Subdivision Map Act (California Government Code) by automatically extending the life of any tentative Parcel map, vesting tentative Parcel map, or tentative parcel map for two additional years, if the map approval had not expired by July 15, 2009 but would expire before January 1, 2012. AB 333 applied to Tentative Tract Map No. 31811 and extended the expiration date of the map to September 28, 2011; and, Whereas, on July 15, 2011, AB 208 was signed into law, which extended for two years the life of those tentative and vesting tentative maps that were still alive on July 15, 2011 (the date the new law took effect) and that would have otherwise expired before January 1, 2014. AB 208 applied to Tentative Tract Map No. 31811 and extended the expiration date of the map to September 28, 2013; and, Whereas, on July 11, 2013, AB 116 was signed into law, and automatically extended the expiration date for any tentative map for an additional two years if the map was approved on or after January 1, 2000 and had not expired on or before July 13, 2013. AB 116 applied to the map and extended the expiration date of the map to September 28, 2015; and, Whereas, on August 6, 2015, the applicant Brookfield Residential, submitted an application to the Community Development Department for the first one-year extension of time for Tentative Tract Map No. 31811; and, Resolution No. PC 16-258 EOT 2015-179 Whereas, on April 27 2016 Planning Application No. 2015-179 for the first one- year extension for Tentative Tract Map No. 31811 (in compliance with Ordinance No. 460 and the California Subdivision Map Act, which both allow up to five one-year extensions) was placed on the consent calendar of the Planning Commission; however, the applicant requested the item be pulled and the Planning Commission agreed; and, Whereas, on June 8, 2016, the City of Menifee Planning Commission, as part of its Consent Calendar, considered Planning Application No. 2015-179 for the first one- year extension for Tentative Tract Map No. 31811 (in compliance with Ordinance No. 460 and the California Subdivision Map Act, which both allow up to five one-year extensions) and considered materials in the staff report and accompanying documents; and, NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as follows: Section 1. With regard to Tentative Tract Map No. 31811 and EOT 2015-179, the Planning Commission hereby makes the following findings: Consistency with the General Plan. The tentative tract map is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The general plan land use is Specific Plan (Menifee Valley Ranch Specific Plan No. 301). The Specific Plan designates the property for Medium Density Residential Uses, Parks and Open Space. The project, which allows the subdivision of 205.2 acres into 559 single family residential lots in addition to parks and open space, is consistent with the land use of the site. Surrounding general plan land uses include additional properties within the Menifee Valley Ranch Specific Plan to the south designated for residential and open space, properties designated for commercial, business park and basin uses per the Menifee North Specific Plan to the north and east and Public Facilities (PF) to the west. The project site is buffered from surrounding commercial and business park land uses by Highway 74 and Briggs Road. Residential land use designations to the south are compatible with the proposed project. The site is buffered by Public Facilities uses by Menifee Road. The project is consistent with the general plan land use of the site and surrounding general plan land use designations. 2. Consistency with the Zoning Code. The zoning of the site is the Menifee Valley Ranch Specific Plan No. 301 — Residential and Parks (PAs 1, 2, 4A, 4B, 5A, 5B, 6, 7A, 7B, 9, and 10)). The proposed project is allowed under the Specific Plan and consistent with the zoning and development standards of the Specific Plan. 3. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare. The public's health, safety and general welfare are protected through project design and conditions of approval. Environmental impacts of the project have been analyzed in an Environmental Impact Report No. 423 (Environmental Resolution No. PC16-258 EOT 2015-179 Assessment No. 39528) and associated Addendum. The approved mitigation measures have been incorporated into the conditions of approval. The City of Menifee Community Development Department and Engineering Department, as part of the review of this extension of time request determined it necessary to recommend the addition of new conditions of approval in order to be able to make a determination that the project does not adversely affect the general health, safety and welfare of the public. The conditions include standard City conditions of approval (such as indemnification of the City), landscaping conditions to ensure viable landscaping throughout the life of the permit and compliance with new state laws regarding drought tolerant planting and irrigation, and engineering conditions to update the road standards to current standards. 4. Compliance with CEQA. Processing and approval of the extension application are in compliance with the requirements of the California Environmental Quality Act. Additional environmental review of the requested extension is not required. The County adopted an Addendum to Environmental Impact Report No. 423 (Environmental Assessment No. 39528) with the approval of the tentative tract map. The previous environmental documents analyzed and mitigated for all potentially significant effects from the development of the project. The approved mitigation measures have been incorporated into the conditions of approval. Section 2. The Planning Commission of the City of Menifee approves the First Extension of Time for Tentative Tract Map No. 31811 (2015-179 EOT) subject to the following: (a) The Conditions of Approval set forth in Exhibit "A" have been modified and added for the public health, safety and welfare of the City of Menifee; and (b) The Conditions of Approval set forth in Exhibit "A" supersede all previous conditions of approval placed on Tentative Tract Map No. 31811 and all previous conditions of approval are rendered null and void; and (c) The Conditions of Approval set forth in Exhibit "A" have been agreed to by an authorized representative as indicated by the signature at the end of the Conditions of Approval; and (d) The first one-year extension for Tentative Tract Map No. 31811 is approved and the map is valid through September 27, 2016, subject to the attached Conditions of Approval, set forth in Exhibit "A". Resolution No. PC 16-258 EOT 2015-179 PASSED, APPROVED AND ADOPTED this the 8th day of June, 2016. Attest: ennifer Allen, Deputy City Clerk Approved as to form: Ajit T ind, Assistan City Attorney Scott A. Mann Mayor Greg August Mayor Pro Tern John V. Denver Councilmember Matthew Liesemeyer Councilmember Lesa Sobek Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofinenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC16-258 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 8th day of June, 2016 by the following vote: Ayes: Karwin, Madrid, Phillips, Thomas Noes: None Absent: Doty Abstain: None ennifer Allen, Deputy City Clerk EXHIBIT "A" Conditions of Approval for Tentative Tract Map No. 31811 per Extension of Time No. 2015-179 for a Residential Subdivision of 205.2 acres into 559 Single Family Residential Lots Section I: Conditions applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Public Works and Engineering Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Section VI: Riverside County Environmental Programs Department Conditions of Approval Section VII: Community Services Department Conditions of Approval Section I: Conditions Applicable to all Departments General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 32025 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. 31811, Amended No. 2, dated 12/17/04. FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. 2. Project Description. The land division hereby permitted is to subdivide 205.2 acres into 559 single family residential lots, 15 open space lots for 3 parks, paseos, and drainage. The open space lots include the following: 1. OS Lot 560 - Paseo/Drainage 4.28 acres 2. OS Lot 561 - Paseo/Drainage 0.91 acres 3. OS Lot 562 - Drainage/Linear Park 5.94 acres 4. OS Lot 563 - Paseo/Drainage 1.17 acres 5. OS Lot 564 - Park 5.29 acres 6. OS Lot 565 - Paseo/Drainage 1.36 acres 7. OS Lot 566 - Paseo/Drainage 8,665 sq. ft. 8. OS Lot 567 - Paseo/Drainage 5,500 sq. ft. 9. OS Lot 568 - Paseo/Drainage 1.07 acres 10. OS Lot 569 - Park 4.99 acres 11. OS Lot 570 - Paseo/Drainage 2.17 acres 12. OS Lot 571/572 - Park 4.02 acres 13. OS Lot 573 - Drainage/Linear Park 18.7 acres 14. OS Lot 574 - Four separate lots on either side of Street A for Landscaping 15. OS Lot between lots 8, 9, and 17 in PA 1 - Landscaping This project is located east of Briggs Road, north of Matthews Road, east of Menifee Road, and south of Pinacate Road. 3. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either the City's approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 4. Ninety (90) Days to Protest. The land divider has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. The developer understands and agrees to pay such fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. 6. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the Riverside County Board of Supervisor's original approval date, unless extended as provided by Ordinance No. 460 or Subdivision Map Act. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. 4 Section II: Community Development Department Conditions of Approval General Conditions 7. Maintain Areas and Phases of Specific Plan. All planning area and phase numbers shall be maintained throughout the life of the SPECIFIC PLAN, unless changed through the approval of a specific plan amendment or specific plan substantial conformance accompanied by a revision to the complete specific plan document. 8. Planning Area Density Transfers. Density transfers between Planning Areas within the SPECIFIC PLAN shall not be permitted, except through the Specific Plan Amendment process. 9. Project Planning Area Standards. This implementing project is within Planning Area(s) 1, 2, 6, 7A & 7B of SPECIFIC PLAN NO. 301 (Menifee Valley Ranch). Accordingly, this project is subject to these development standards: Planning Area 1: 1. All residential lots must be at least 7,200 square feet. 2. The maximum number of dwelling units in planning area 1 is 122. 3. Entry monumentation is required at the entrance of Menefee Road as shown on figure IV-8 in SP301S2. 4. Roadway landscaping treatment, as shown in figure IV-12D in SP301S2 is required along Menifee Road. 5. Recreational trails are located throughout the project as shown on the approved exhibit A, amendment 1. 6. This implementing map is conditioned to build 3 parks on lots 564, 569 & 572. 7. Residential buildings must conform substantially to the design guidelines on pages 4 thru 6 of the zoning ordinance section of SPECIFIC PLAN NO. 301. 8. The sidewalk along Menifee Road shall be meandering, in substantial conformance to amendment no. 1 of TR31811. Planning Area 2: 1. All residential lots must be at least 6,000 square feet. 2. The maximum number of dwelling units in planning area 2 is 167. 3. Entry monument into planning area 2 will be required at the Malaga Road entrance as depicted in figure IV-8 in SP301 S2. 4. Roadway landscaping treatments will be required along State Route Hwy 74 and Malaga Road as shown on figures IV-12A and IV12H in SP301S2. 5. Residential buildings must conform substantially to the design guidelines on pages 4 thru 6 of the zoning ordinance of section of Specific Plan No. 301. Planning Area 6: 1. All residential lots must be at least 6,000 square feet. 2. The maximum number of dwelling units in planning area 6 is 105. 3. Entry monumentation into planning area 6 will be located at the Malaga Road entrance as depicted on figure IV-8 in SP301S2. 4. Roadway landscaping treatment will be required along Malanga Road and depicted in figure IV-12H in SP301S2. 5. Residential buildings must conform substantially to the design guidelines on pages 4 thru 6 of the zoning ordinance section of Specific Plan No. 301. Planning area 7A: 1. All residential lots must be at least 7,200 square feet. 2. The maximum number of dwelling units in planning area 7A is 104. 3. Entry monumentation into planning area 7A will be required at the Malaga Road entrance as depicted in figure IV-8 in SP301S2. 4. Roadway landscaping treatments will be required along Malaga Road as depicted in figure IV-12H in SP301S2. 5. Residential buildings must conform substantially to the design guidelines on pages 4 thru 6 of the zoning ordinance section of Specific Plan No. 301. Planning Area 713: 1. All residential lots must be at least 7,200 square feet. 2. The maximum number of dwelling units in planning area 7B is 114. 3. Entry monumentation to planning area 7B will be required at the Malaga Road entrance as depicted in figure IV-8 in SP301S2. 4. Roadway landscaping will be required along Malaga Road as depicted in figure IV-12H in SP301S2. 5. Residential buildings must conform substantially to the design guidelines on pages 4 thru 6 of the zoning ordinance section of Specific Plan No. 301. 10. Mitigation Monitoring. The EIR prepared for the SPECIFIC PLAN imposes specific mitigation measures and monitoring requirements on the project. Certain conditions of the SPECIFIC PLAN and this implementing project constitute reporting/monitoring requirements for certain mitigation measures. 11. Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule A, unless modified by the conditions listed herein. 12. No Offsite Subdivision Signage. No offsite subdivision signs advertising this land division/development are permitted, other than those allowed under Ordinance No. 679.4. Violation of this condition of approval may result in no further permits of any type being issued for this subdivision until the unpermitted signage is removed. 13. Residential Design Standards. The design standards for the subject parcels are as follows: a. Lots created by this map shall conform to the design standards listed within the zoning ordinance section of Specific Plan No. 301. b. The front yard setback is 20 feet. c. The street side yard setback is 10 feet. d. The rear yard setback in Planning Areas 1, 7A, & 7B is 20 feet, and in Planning Areas 2 & 6 the rear yard setback shall be 10 feet, except where a rear yard abuts a street, then the setback shall be the same as 7 the front yard setback, in accordance with Section 21.77 of Ordinance No. 348. e. The minimum average width of each lot located within Planning Areas 1, 7A & 7B shall be 60 feet, and in Planning Areas 2 & 6 the average width of each lot shall not be less than 50 feet. f. The maximum height of any building is 40 feet. g. The minimum parcel size in Planning Areas 1, 7A & 7B is 7,200 square feet, and in Planning Areas 2 & 6 the minimum parcel size is 6,000 square feet. h. In no case shall more than fifty percent (50%) of any single story and forty-five (45%) of any two story lot be covered by buildings or structures within Planning Areas 1, 2, 6, 7A or 7B. i. 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. j. Chimneys and fireplaces shall be allowed to encroach into side yard setbacks a maximum of two feet (Z). No other structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of Ordinance No. 348 or Specific Plan 301. 14. Design Guidelines. The land divider shall comply with the Countywide Design Standards and Guidelines and the design guidelines of Menifee Valley Ranch Specific Plan. 15. Minor Plot Plans Required. For each of the below listed items, a minor plot plan application shall be submitted and approved by the Community Development Department pursuant to Section 18.30.a. (1) of County Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department) along with the current fee. 1) Final Site Development Plan for each phase of development. 2) Model Home Complex Plan shall be filed and approved for each phase if models change between phases. A final site of development plot plan must be approved prior to approval, or concurrent with a Model Home Complex Plan. 3) Landscaping Plan for typical front yard/slopes/open space/parks. These three plans may be applied for separately for the whole tract or for phases. 4) Landscaping plans fully within the road right-of-way shall be submitted to the Engineering Department only. 5) Each phase shall have a separate wall and fencing plan. 6) Entry monument plan. NOTE: The requirements of the above plot plans may be accomplished as one, or, any combination of multiple plot plans required by these conditions of approval. However, each requirement shall be cleared individually with the applicable plot plan condition of approval in the prior to Building Permit issuance conditions. 16. Construction Hours. Any construction within the city located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 17. 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. 18. Paseo/Park Improvement Notification. Adequate notification shall be provided to any home builder or any other buyer of individual phases of the TENTATIVE MAP that certain paseo and/or parks are required to be constructed or improved with the construction of each phase per the conditions of this project. 19. Comply with Slope Geologic Report. The developer shall comply with the Slope Geologic Report No. 1329. County Geologic Report (GEO) No. 1329 was prepared for this project (TR31811) by GANICO and is entitled: "Geotechnical Investigation, Tentative Tract Map 31811, Planning Areas 1-10, Menifee Valley Ranch Development, State Highway 74 and Menifee Road, Riverside County, California", dated February 25, 2004. GEO No. 1329 concluded the potential for liquefaction is considered unlikely at this site. GEO No. 1329 satisfies the requirement for a liquefaction study for Planning/CEQA purposes. GEO No. 1329 is hereby accepted for planning purposes. Engineering and other Uniform Building Code parameters where not included as a part of this review or approval. Engineering and other building code parameters will be reviewed and additional comments and/or conditions may be imposed by the Engineering and Public Works Department upon application for grading and/or building permits. FEES 20. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 13-320 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. ARCHEOLOGY/PALEONTOLOGY 21. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Property Owner. 22. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in -place 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. 10 V. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council." 23.Inadvertent Paleontological Find. Should fossil remains be encountered during site development: 1) All site earthmoving shall be ceased in the area of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site. 2) The applicant shall retain a qualified paleontologist approved by the County of Riverside. 3) The paleontologist shall determine the significance of the encountered fossil remains. 4) Paleontological monitoring of earthmoving activities will continue thereafter on an as -needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level. 5) If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. 6) Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic 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 11 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. LANDSCAPING 24. 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. 25. 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). 26. 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. 27. Landscape Maintenance. The land divider, or any successor -in -interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of a property owner's association, or any other successor -in -interest. Prior to Phasing 28. Preliminary Phase Grading. Prior to the approval of an application for a division into units or phasing plan for the TENTATIVE MAP, a conceptual grading plan covering the entire TENTATIVE MAP shall be submitted to the City of Menifee Community Development Department for review and approval. The preliminary grading plan shall comply with the following: 1) Techniques which will be used to prevent erosion and sedimentation during and after grading process shall be depicted and documented. 2) Approximate time frames for grading and areas which may be graded during the higher probability rain months of January through March shall be identified. 3) Preliminary pad and roadway elevations shall be depicted. 4) Areas where temporary grading occurs on any phase other than the one being graded for development at a particular time shall be identified. 12 The approved preliminary grading plan shall be provided to the Building and Safety — Plan Check Division and shall be used as a guideline for subsequent detailed grading plans for individual units or phases of the TENTATIVE MAP. 29. Lot Access/Unit Plans. Any division into units or phasing of the TENTATIVE MAP shall provide for adequate vehicular access to all lots in each unit or phase, and shall substantially conform to the intent and purpose of the land division approval. No approval for any number of units or phases is given by this TENTATIVE MAP and its conditions of approval, except as provided by Section 8.3 (Division into Units) of Ordinance No. 460. Prior to Final Map 30. Revised Tentative Map. Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, ten (10) copies of an Amended Per Final Conditions map shall be submitted to and approved by the City of Menifee Community Development Department. A lock shall take effect on any implementing permits and shall not be removed unless and until the Amended Per Final Conditions map has been approved by the City of Menifee Community Development Department. The Amended Per Final Conditions map shall be in substantial conformance with the TENTATIVE MAP and incorporate the following changes: All lots within PAs 1, 7A, and 713 of the TENTATIVE MAP shall have a minimum of 7,000 sq. ft. pad area per the SP zoning ordinance. Open Space lots for monuments at the corners of Highway 74 and Malaga Road shall be modified to provide a depth of 75 feet to provide monuments and entries consistent with Specific Plan Figure IV-10. Please note that although the exhibit shows 120 feet "typical' all other primary community entry features in the development measure approximately 75 feet, so, the depth of the lots at Highway 74 and Malaga Road can also be reduced to 75 feet as opposed to 120 feet. 31. Final Map Required. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the land divider shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department - Survey Division requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. 32. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 33. Surveyor Checklist. The City Engineering Department - Survey Division shall review any FINAL MAP and ensure compliance with the following: A. All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. 13 B. All lots within planning area 1, 7A & 7B on the FINAL MAP shall have a minimum lot size of 7,200 square feet net. All lots within planning area 2 & 6 on the FINAL MAP shall have a minimum lot size of 6,000 square feet net. These planning areas shall be identified on the FINAL MAP. C. All lot sizes and dimensions on the FINAL MAP shall be in conformance with the development standards of Specific Plan 301A1, and the Riverside rG4* Integrated PFej E;t (RQP\ 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 Riverside County Ordinance No. 460, and Specific Plan 301A1. 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 a numbered lots on the FINAL MAP. G. Within Planning Areas 1, 7A & 7B the minimum average lot width of all lots not on a knuckle or cul-de-sac shall be 60 feet, while the minimum average depth shall be 100 feet. H. Within Planning Areas 2 & 6 the minimum average lot width of all lots not on a knuckle or cul-de-sac shall be 50 feet, while the minimum average depth shall be 90 feet. 34. Agriculture/Dairy Notification. Prior to Map Recordation, the applicant shall submit a detailed proposal for the notification of all initial and future purchasers of dwelling units within the subject project of the existence of dairies and/or other agricultural uses within one half mile of the property and potential impacts resulting from those uses. Said notification shall be in addition to any notice required by Ordinance No. 625 (Riverside County Right -to -Farm Ordinance). Said approved notification shall be provided to all initial and all future purchasers of dwelling units within the subject project. This condition implements condition 30.PLANNING.18 of SPECIFIC PLAN NO. 301. 35. Final Zoning Map. Prior to Map Recordation, the planning areas for which this land division application is located must be legally defined. Any of the following procedures may be used in order to legally define these planning areas: 1. The project proponent has processed a FINAL CHANGE OF ZONE MAP concurrent with the SPECIFIC PLAN which legally defined these planning areas. 2. The project proponent shall file a change of zone with this land division application along with a legal description defining the boundaries of the planning areas affected by this land division application. The applicant will not be changing the allowed uses or standards in the existing zone but will merely 14 be providing an accurate legal description of the affected planning areas. This change of zone shall be approved and adopted by the Board of Supervisors. This condition implements condition 30.PLANNING.19 of SPECIFIC PLAN 301, Amendment 1. 36. ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. A note shall be placed on the FINAL MAP "Environmental Constraint Sheet affecting this map is on file at the City of Menifee Public Works and Engineering Department, in E.C.S Book_, Page_. 37. ECS Note on Dark Sky Lighting. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by Menifee Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with Menifee Municipal Code Chapter 6." 38. ECS Note Archeological. The following Environmental Constraints Note shall be placed on the ECS: "An archaeological/historical study for EIR 423, Amendment # 1 was prepared on December 19, 2001 by Brian F. Smith & Associates, and is on file at the County of Riverside Planning Department. The property is not subject to surface alteration restrictions based on the results of the report." 39. ECS Note Biological. The following Environmental Constraints Note shall be placed on the ECS: "A Biological Report was prepared for this property on December 11, 2000 by PCR Services Corporation, and is on file at the County of Riverside Planning Department under EIR 423, Amendment # 1. Biological resources requiring protection include, but are not limited to, Riversidean sage scrub. The property is not subject to biological resources restrictions based on the results of the report." 40. ECS Note Map Constraint. The following Environmental Constraints Note shall be placed on the ECS: "No permits allowing any grading, construction, or surface alterations shall be issued which effect the delineated constraint areas without further investigation and/or mitigation as directed by the Menifee Community Development Department. This constraint affects lots as shown on the Environmental Constraints Sheet." 15 41. 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. 42. Common Area Maintenance. Any common areas identified in the TENTATIVE MAP shall be owned and maintained as follows: a. A permanent master maintenance organization shall be established for the tentative tract map area, to assume ownership and maintenance responsibility for all common recreation, open space, circulation systems and landscaped areas. The organization may be public (anticipated to be CFD) or private (e.g., homeowners' association). Merger with an area -wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for ownership and maintenance. If the organization is a private association, then neighborhood associations shall be established for each residential development, where required, and such associations may assume ownership and maintenance responsibility for neighborhood common areas. b. Unless otherwise provided for in these conditions of approval, common open areas shall be conveyed to the maintenance organization as implementing development is approved or any subdivision, as recorded. c. The maintenance organization shall be established prior to or concurrent with the recordation of the first land division. This condition implements condition 30.PLANNING.20 of SPECIFIC PLAN NO 301, Amendment 1. 43. Conditions, Covenants and Restrictions (Public Common Areas). If the permanent master maintenance organization referenced in the condition entitled "Common Area Maintenance" is a public organization, the applicant shall convey to the public organization (anticipated to be CFD) fee simple title, to all common open space areas, free and clear of all liens, taxes, assessments, leases (recorded or unrecorded) and easement, except those easements which in the sole discretion of the public organization are acceptable. The common areas anticipated to be owned and maintained by a public organization include, but are not limited to parks, paseos, and expanded parkway landscaping. As a condition precedent to the public organization accepting title to such areas, the applicant shall submit the following documents to the City of Menifee Community Development Department for review along with the current fee, which shall be subject to the approval of that department and the City Attorney: A signed and notarized declaration of covenants, conditions and restrictions; and, 16 2. A sample document, conveying title to the purchaser, of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, 3. A deposit equaling three (3) hours of the current hourly fee for Review of Covenants, Conditions and Restrictions established pursuant to the City's fee schedule at the time the above referenced documents are submitted to the Community Development Department for review by the City Attorney. The declaration of covenants, conditions and restrictions submitted for review shall a) provide for a minimum term of sixty (60) years, b) provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit as tenants in common, and c) contain the following provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: The property owners' association established herein shall, if dormant, be activated, by incorporation or otherwise, at the request of the City, and the property owners' association shall unconditionally accept from the City of Menifee, upon the City's demand, title to all or any part of the 'common area', more particularly described on Exhibit 'A' attached hereto. The decision to require activation of the property owners' association and the decision to require that the association unconditionally accept title to the 'common area' shall be at the sole discretion of the City In the event that the 'common area', or any part thereof, is conveyed to the property owners' association, the association, thereafter, shall own such 'common area', shall manage and continuously maintain such 'common area', and shall not sell or transfer such 'common area' or any part thereof, absent the prior written consent of the Community Development Director of the City or the City's successor -in -interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This declaration shall not be terminated, 'substantially' amended, or property de -annexed therefrom absent the prior written consent of the Community Development Director of the City of Menifee or the City's successor -in -interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' established pursuant to this Declaration. In the event of any conflict between this Declaration and the Articles of 17 Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." Once approved by the City Attorney, the declaration of covenants, conditions and restrictions shall be recorded by the Community Development Department with one copy retained for the case file, and one copy provided to the City Engineering Department - Survey Division. 44. Conditions, Covenants and Restrictions (Private Common Areas). The common areas anticipated to be owned and maintained by a private organization include, but are not limited to parks, expanded parkway landscaping and slope areas. The land divider shall submit to the City Attorney (via the Community Development Department) for review and approval the following documents: (a) A cover letter identifying the project for which approval is sought referencing the Planning Division case number(s) and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; (b) One copy and one original, wet signed, notarized and ready for recordation declaration of covenants, conditions, and restrictions (CC&Rs). Attached to these documents there shall be included a legal description of the property included within the CC&Rs and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor. (c) The declaration of CC&Rs submitted for review shall cover all map phases, as follows: Provide for a minimum term of sixty (60) years; Provide for the establishment of a property owner's association comprised of the owners of each individual lot or unit; and 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. 18 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." A proposed amendment shall be considered 'substantial' if it affects the extent, usage, or maintenance of the 'common area' established pursuant to the Declaration." "In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." (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). 19 - 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 equaling three hours of the current hourly fee for the review of the CC&Rs established pursuant to the City's fee schedule at the time the above referenced documents are submitted to the City Attorney for review and approval. FEES 45. Fees. Prior to recordation, the Community Development Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the developer/owner and/or the developer/owner's successor -in -interest. Prior to Issuance of Grading Permifs 46. Revised Tentative Map. Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, ten (10) copies of an Amended Per Final Conditions map shall be submitted to and approved by the City of Menifee Community Development Department. A lock shall take effect on any implementing permits and shall not be removed unless and until the Amended Per Final Conditions map has been approved by the City of Menifee Community Development Department. The Amended Per Final Conditions map shall be in substantial conformance with the TENTATIVE MAP and incorporate the following changes: All lots within PAs 1, 7A, and 7B of the TENTATIVE MAP shall have a minimum of 7,000 sq. ft. pad area per the SP zoning ordinance. Open Space lots for monuments at the corners of Highway 74 and Malaga Road shall be modified to provide a depth of 75 feet to provide monuments and entries consistent with Specific Plan Figure IV-10. Please note that although the exhibit shows 120 feet "typical" all other 20 primary community entry features in the development measure approximately 75 feet, so, the depth of the lots at Highway 74 and Malaga Road can also be reduced to 75 feet as opposed to 120 feet. 47. Grading Plan Review. The Community Development Department shall review the grading plan for consistency with the approved tentative map and the conditions of approval for the tentative map. 48. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 49. Stephens' Kangaroo Rat (SKR) Fees. PRIOR TO THE ISSAUNCE OF GRADING PERMITS, whichever comes first, the applicant 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 205.2 acres (gross) in accordance with TENTATIVE MAP NO. 31811. 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. This condition implements 30.PLANNING.29 of the SPECIFIC PLAN NO 301, Amendment 1. 50. Parcel Maximum Grading. The land divider/permit holder shall cause grading plans to be prepared which restricts grading to a maximum of 97% percent of the net area of each parcel identified on the approved grading area map. Calculations for permitted graded area shall include building pad, driveway, and all manufactured slopes. 51. Community Trail Easement. The land divider/permit holder shall cause grading plans to be prepared which delineates grading adjacent to or within a proposed trail easement, as delineated on the TENTATIVE MAP. 52. Fees. Prior to issuance of grading permits, the Community Development Department shall determine if the deposit based fees are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 53. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management 21 District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a ten (10) percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as fifty percent (50%). b. Water active grading/excavation sites and unpaved surfaces at least three (3) times daily; c. All paved roads, parking and staging areas must be watered at least once every two (2) hours of active operations; d. Site access points must be swept/washed within thirty (30) minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed twenty-five (25) mph; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed fifteen (15) miles per hour over a thirty (30) minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; 22 o. Traffic speeds on unpaved roads must be limited to fifteen (15) miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within twenty-four (24) hours of their receipt. 54. Trails Plans. Prior to the issuance of any grading permits, the applicant shall submit grading plans and construction specifications to the City of Menifee Community Development Department and Engineering Department for review and approval. These grading plans shall show the location of all trails consistent with the approved trails plan which was required prior to map recordation. FISH AND WILDLIFE & ARMY CORP OF ENGINEERS 55. Fish and Game Clearance. PRIOR TO THE ISSUANCE OF GRADING PERMITS, the applicant shall obtain 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 obtain an "Agreement Regarding Proposed Stream or Lake Alteration" (Sections 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 any required off site improvement areas. Copies of any agreement shall be submitted with the notification. This condition implements condition 30.PLANNING.27 of SPECIFIC PLAN NO. 301, Amendment 1. 56. ACOE Clearance. PRIOR TO THE ISSUANCE OF GRADING PERMITS, the applicant shall obtain 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 Corps of Engineers Nationwide Permit Conditions, or obtain a permit under 23 Section 404 of the Clean Water Act should any grading or construction be proposed within or along the banks of any natural watercourse or wetlands. Copies of any agreement shall be submitted with the notification. This condition implements condition 30.PLANNING.28 of SPECIFIC PLAN NO. 301, Amendment 1. ARCHEOLOGY 57. Archaeologist Retained. Prior to the issuance of a grading permit, the developer/permit holder shall retain and enter into a monitoring and mitigation service contract with a qualified archaeologist for mitigation monitoring services. This professional shall be known as the "Project Archaeologist." The Project Archaeologist 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, grading, and trenching. The Project Archaeologist shall have the authority to temporarily divert, redirect or halt ground disturbing activities to allow for the identification and evaluation of any discovered resources. The Project Archaeologist shall also facilitate the potential archaeological excavation of any cultural resources in coordination with any required tribal or special interest monitors. The applicant shall provide written verification that a County -certified archaeologist has been retained to implement the monitoring program. This verification shall be presented in a letter from the Project Archaeologist to the City of Menifee. 58. Pre -Grading Meeting. The qualified archaeologist shall attend the pre -grading meeting with the contractors to explain and coordinate the requirements of the monitoring program, including a cultural sensitivity training component. 59. Paleontologist Required. This site is mapped in the County's General Plan as having a high potential for paleontological resources (fossils). Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS: The permittee shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project -specific plan for monitoring site grading/earthmoving activities (project paleontologist). The project paleontologist retained shall review the approved development plan and shall conduct any pre -construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows 24 A. The project paleontologist shall participate in a pre -construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. B. Paleontological monitoring of earthmoving activities will be conducted on an as -needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. 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 25 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. Prior to Issuance of Buildinq Permit 60. Post Grading Report. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, the project applicant shall provide to the Community Development Department a post grading report. The report shall describe how the mitigation and monitoring program as described in EIR 423 and pre -grading agreements with the qualified archaeologist and paleontologist were compiled with. This condition implements condition 30.PLANNING.31 of SPECIFIC PLAN NO. 301, Amendment 1. 61. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a Building Permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 62. Building Plans Required. The developer shall cause building plans to be submitted to the Building and Safety Department for review and approval by the Department of Building and Safety - Plan Check Division. Said plans shall be in conformance with the approved DESIGN GUIDELINES. 63. 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. 64. Utilities Underground. All utility extensions within a lot shall be placed underground. 65. Building Separation. Building separation between all buildings shall not be less than ten (10) feet. Additional encroachments are only allowed as permitted by the Specific Plan and/or County Ordinance No. 348. 66. Parking. Parking spaces are required in accordance with Ordinance No. 348. All parking areas and driveways shall be surfaced to current standards as approved by the City of Menifee Engineering Department. 26 67. Conform to Final Site of Development Plan. The building plans shall be consistent with the approved elevations of the final site of development plans. The building plans shall be reviewed for consistency with the final site of development plans prior to Building Permit issuance. 68. Acoustical Study. The land divider/permit holder shall cause an acoustical study to be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce the first and second story ambient interior and exterior levels to 45 Ldn and 65 Ldn, respectively. The study shall be submitted, along with the appropriate fee, to the Building and Safety Department for review and approval. The approved mitigation measures, if any, shall be incorporated into the final building plans and/or wall and fence plans. The report shall also specifically address noise attenuation measures for lots adjacent to the high school. MINOR PLANS REQUIRED 69. Landscaping Plans. The land divider/permit holder shall file three (3) sets of a Landscaping and Irrigation Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with City Requirements, Menifee Municipal Code Chapter 15.04 and Chapter 9.86, Ordinance 348 Section 18.12, Sections 19.300 through 19.304., and the TENTATIVE MAP conditions of approval. The plan shall address all areas and conditions of the tract requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping within Open Space Lots and individual front yard landscaping). Emphasis shall be placed on using plant species that are drought tolerant and low water using. The plans shall provide for the following: 1) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems are encouraged. 2) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Community Development Department. Utilities shall be placed underground. 3) Any required landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 4) Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the 27 site. Landscape elements shall include earth berming, ground cover, shrubs, and specimen trees in conjunction with meandering sidewalks, benches, and other pedestrian amenities where appropriate as approved by the Community Development Department. 5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 6) Landscaping plans shall incorporate native and drought tolerant plants where appropriate. 7) Turf shall be eliminated in areas unless provided for active uses. 8) All basins for drainage and/or water quality shall be screened from view with landscaping. 9) Front yard typical landscaping plans shall provide a minimum of one (1) xeriscape option for home buyers. 10) 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. 11)All trees shall be minimum double -staked. Weaker and/or slow -growing trees shall be steel -staked. 12) 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. 13) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where possible. The landscaping and irrigation plans for open space lots shall be consistent with the 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 Engineering and Public Works Department ONLY. 28 Landscaping plans for areas proposed to be maintained by the City Community Facilities District shall be submitted to the Engineering and Public Works Department. Conceptual plans are required in addition to working plans. 70. Entry Monument Plans. The land divider/permit holder shall file three (3) sets of an Entry Monument plot plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval. The plot plan shall contain the following elements: 1) A color rendering of a frontal view of all/the entry monument(s) with landscaping. 2) A plot plan of the entry monuments with landscaping drawn to an engineer's scale. If lighting is planned, the location of lights, their intended direction, and proposed power shall be indicated. 3) An irrigation plan for the entry monument(s). 4) The entry monument shall be in substantial conformance to the design guidelines of Planning Areas 1, 2, 6, 7A & 7B of Specific Plan 301, Amendment # 1, as shown on pages IV-8 thru IV-15. NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by the conditions of approval for this subdivision. However, this ENTRY MONUMENT condition of approval shall be cleared individually. The monument plan shall be approved prior to issuance of Building Permits. If monuments do not accommodate design requirements of the SPECIFIC PLAN or meet line of sight requirements, Lot Line Adjustment or a Minor Change to the TENTATIVE MAP may be necessary. 71. Model Home Complex. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The Model Home Complex plot plan shall contain the following elements: 1) An engineer's scaled plan showing the model home lots, lot numbers, tract number, and north arrow. 2) Show front, side and rear yard setbacks. 29 3) Provide two dimensioned off street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. 4) Show detailed fencing plan including height and location. 5) Show typical model tour sign locations and elevation. 6) Three (3) sets of photographic or color laser prints (8" X 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations in accordance with the approved Design Manual and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 7) Provide a Model Home Complex landscape and irrigation plan NOTES: The Model Home Complex plot plan shall not be approved without Final Site Development Plan approval, or concurrent approval of both. See the Community Development Department Model Home Complex application for detailed requirements. The requirements of this plot plan may be incorporated with any minor plot plan required by the subdivision's conditions of approval. However, this MODEL HOME COMPLEX condition of approval shall be cleared individually. The applicant will be required to enter into a model home complex agreement with the City of Menifee. The agreement stipulates terms for removal of the complex. The model home complex plan shall be approved prior to issuance of a Building Permit. 72. Final Site of Development Plan. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. Subdivision development shall conform to the approved plot plan and shall conform to the Specific Plan Design Guidelines and Countywide Design Guidelines. The plot plan shall be approved by the Community Development Director prior to issuance of Building Permits for lots included within that plot plan. The plot plan shall contain the following elements: 30 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. 73. Wall and Fence Plan. The land divider/permit holder shall file three (3) sets of a Wall/Fencing Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with the Specific Plan Design Guidelines and the TENTATIVE MAP conditions of approval. 31 1. The plan shall show all project fencing including, but not limited to, perimeter fencing, side and rear yard fencing, and open space or park fencing. A typical frontal view of all fences shall be shown on the fencing plan. 2. All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments, as approved by the Community Development Department. 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. As per "Noise Impact Analysis, Menifee Valley Ranch, Tentative Tract Map No. 31811 Riverside County, California "dated June 8, 2004, Project No. PO4- 061. Eight and one-half foot high (noise barriers) masonry block walls or combination berm and block wall shall be constructed along the northern site boundary east of Malaga Road (Highway 74) of lots 411-425 and 442-444 of Tentative Tract Map No. 31811, Amendment No. 1 dated 7/30/04. Eight foot high (noise barriers) masonry block walls or combination berm and block wall shall be constructed along the western site boundary (Menifee Road) of lots 1-16 of Tentative Tract Map No. 31811, Amendment No. 1 dated 7/30/04. Six foot high (noise barriers) masonry block walls or combination berm and block wall shall be constructed along the southern site boundary (McLaughlin Road) west of Malaga Road of lots 16, 19, 24, 30-32, 155, 161, 176-182, and 195-200 of Tentative Tract Map No. 31811, Amendment No. 1 dated 7/30/04. Six foot high (noise barriers) masonry block walls or combination berm and block wall shall be constructed along the eastern boundaries (Malaga Road) of lots 201-205, 208-210, and 248-261 of Tentative Tract Map No. 31811, Amendment No. 1 dated 7/30/04. Six foot high (noise barriers) masonry block walls or combination berm and block wall shall be constructed along the western boundaries (Malaga Road) of lots 304, 323, 327-330, 331-341, and 405-411 of Tentative Tract Map No. 31811, Amendment No. 1 dated 7/30/04. A six foot high masonry block wall shall be constructed for all lots adjacent to the school site per the Specific Plan. These walls shall be erected so that the top of each wall extends at least 6 to 8.5 feet (depending on location) above the pad elevation of the shielded lot. In cases where the road is elevated above the pad, the wall shall extend at least 6 to 8.5 feet (depending on location) above the highest point between the homes and the road. 32 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 WALUFENCING PLAN condition of approval shall be cleared individually. LANDSCAPING 74. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation as defined by County Ordinance No. 348. Landscaping and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04 and Chapter 9.86, 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. 75. Performance Securities. Performance securities, in amounts to be determined by the Community Development Director to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Community Development Department. Securities may require review by the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the Six Month and One -Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. Security deposits are only required for common area landscaped areas. 76. Landscape Inspection Deposit. Prior to issuance of Building Permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre -installation inspections, installation inspections, Six Month Post Establishment and One Year Post Establishment Landscape Inspections. The amount of hours for the Inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. FEES 77. Fees. Prior to issuance of Building Permits, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permitee. 78. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 79. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 80. Quimby Fees. Payment of in -lieu fees and dedication of parkland. The proposed subdivision will fulfill Quimby obligations through the payment of in - lieu fees and dedication of land for credit for onsite parks. Prior to the issuance 33 of a building permit, the City Manager or his/her designee shall determine the amount of Quimby Fees to be paid by the subdivider, if 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. Prior to Final Inspection 81. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of final occupancy. The Community Development Director may require inspection or other monitoring to ensure such compliance. 82. Anti -Graffiti Coating. An anti -graffiti coating shall be provided on all block walls, and written verification from the developer shall be provided to the Community Development Department. 83. Fencing and Wall Compliance. Fencing shall be provided throughout the subdivision in accordance with the approved final site development plans and/or walls and fencing plan. 84. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be installed in accordance with the approved entry monument plans. 85. 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. 86. Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 87. Roll Up Garage Doors. All residences shall have automatic roll -up garage doors. 88. Final Planning Inspection. The permittee shall obtain final occupancy sign -off from the Planning Division for each Building Permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, walls and fencing and landscaping. 89. Notification to Surrounding Property Owners The developer shall provide notification to all initial and future purchasers of dwelling units within Lots adjacent to parks and the high school (as shown on the tentative map), to advise that there will be a parks and a high school operating nearby and inform them of the potential impacts (possible noise, and that on street parking may be used by people visiting the parks from time to time). 34 LANDSCAPING 90. 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?" 91. Landscape/Irrigation Install Inspection The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre -Landscape installation inspection and a Landscape Completion Installation Inspection with the Community Development Department. The pre -landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. Six Month and One Year Post -Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections. 92. Landscape Installation. All required landscape planting and irrigation, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 93. Final Landscape Approval The final landscape approval following installation shall be subject to the review and approval of the City's Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES 94. DIF Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. 35 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. 95. 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. 96. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. Prior to Issuance of Given Building Permit or Occupancy 97. Open Space Lot In PA 1, Surrounded by Lots 8, 9 and 17 on TM. Prior to occupancy of any of the residential lots 7-9 or 17-18 as shown on the tentative tract map, all landscaping and irrigation within the Open Space Lot adjacent to these lots shall be installed, inspections completed and passed and performance securities posted. 98. Open Space Lot 574. Prior to occupancy of any of the residential lots 1, 76-77, 86-88, 93-94, 99 or 109, or 220-221 as shown on the tentative tract map, all landscaping and irrigation within Open Space Lot 574 shall be installed, inspections completed and passed and performance securities posted. Section III: Public Works/Engineering Conditions of Approval 37 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 99. SUBDIVISION MAP ACT - The developer/property owner shall comply with the State of California Subdivision Map Act. 100. 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. 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 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 located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 38 (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. EXISTING EASEMENTS - The submitted tentative tract map shall correctly show all existing easements, traveled ways, and drainage courses with appropriate Qs. Any omission or misrepresentation of these documents may require said tentative tract map to be resubmitted for further consideration. 107. DEFINITIONS. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 31811 shall be henceforth defined as follows: TENTATIVE MAP = Tentative Tract Map No. 31811, Amended No. 2, dated 12/17/04. FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. 108. PROJECT DESCRIPTION. The land division hereby permitted is to subdivide 205.2 acres into 559 single family residential lots, 15 open space lots for 3 parks, paseos, and drainage. This project is located east of Briggs Road, north of Matthews Road, east of Menifee Road, and south of Picante Road. 109. 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. 39 B. Grading 110. GIN INTRODUCTION. Improvements such as grading, filling, over excavation and re -compaction, and base and paving which require a grading permit are subject to the included Public Works Department conditions of approval. 111. SP*GSP-1 ORD. NOT SUPERSEDED. Anything to the contrary, proposed by this Specific Plan shall not supersede the following: All grading shall conform to the Uniform Building code, City of Menifee General Plan, City adopted County Ordinance 457 and all other relevant laws, rules and regulations governing grading in Riverside County. 112. SP-ALL CLEARNC'S REQ'D B-4 PMT. Prior to issuance of a grading permit, all certifications affecting grading shall have written clearances. This includes, but is not limited to, additional environmental assessments, erosion control plans, geotechnical/soils reports, and departmental clearances. 113. 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 Public Works Department conditions of approval. 114. OBEY ALL GRADING REGS. All grading shall conform to the 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 Public Works Department. 115. DISTURBS NEED G/PMT. City adopted County Ordinance 457 requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 116. - DUST CONTROL. All necessary measures to control dust shall be implemented by the developer during grading. 117. 2:1 MAX SLOPE RATIO. Grade slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 118. MINIMUM DRNAGE GRAD. Minimum drainage grade shall be 1 % except on portland cement concrete where 0.35% shall be the minimum. 119. DRNAGE & TERRACING. Provide drainage facilities and terracing in conformance with the California Building Code's chapter on "Grading." 120. SLOPE SETBACKS. Observe slope setbacks from buildings and property lines per the California Building Code - as amended by City adopted County Ordinance 457. 121. NO GRDG & 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 CITY ADOPTED COUNTY ORDINANCE 460 40 SECTION 4.4.13 IS REQUIRED. OBTAIN THE EXCEPTION FROM THE PLANNING DIRECTOR. Prior to Grading Permit Issuance 122. EROSION CONTROL AFTER RGH GRAD. 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 City for review. Prior to Certificate of Occupancy 123. 1/2"/FT/3FT MIN. Finish grade shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one-half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. C. Drainage 124. SP FLOOD HAZARD REPORT. FLOOD HAZARD REPORT Specific Plan 301 amendment No.1 is a proposal to develop 1,548 acres with approximately 4,200 dwelling units, as well as commercial centers, park sites and school sites in the Menifee North area. The project site is located southerly of Highway 74, between Menifee Road and Briggs Road and north of Simpson Road. The original proposal was to add approximately 484 homes on 153 acres along with a commercial center, and a school. This area would be divided into 93 single-family homes. The site receives runoff from four major offsite watersheds that drain about 1,700 acres, 3,300 acres, 360 acres, and 458 acres, respectively. In addition, the runoff from several smaller offsite watersheds, as well as the storm flow generated onsite, impact the property. Following are the City's recommendations in order to protect the public health and safety: 1. Any development within the limits of the proposed Specific Plan shall include detention facilities designed so that downstream peak flows will not increase due to development. Therefore, each tentative proposal within the Specific Plan will be required to complete a detailed, refined analysis of the increased runoff mitigation need for that proposal in accordance with the Riverside County Flood Control District's "INTERIM CRITERIA FOR SIZING INCREASED RUNOFF DETENTION FACILITIES". If the Riverside County Board of Supervisors approves an increased runoff policy (which supersedes the above) prior to the submittal, then the latter shall apply. 2. This Specific Plan is located within the San Jacinto River watershed. Therefore approved Storm Water Pollution Prevention Plans (SWPPP) from the Santa Ana Regional Water Quality Control Board will be required prior to Environmental Assessment adoption for each tentative development proposal within the Specific 41 Plan. Conditions of approval for development proposals will not be issued until a copy of the draft SWPPP has been received by the City for review. 3. The northern portion of the site is located within the bounds of the Homeland/Romoland Area Drainage Plan (ADP). The southern portion is located within the Winchester/North Hemet ADP. The Board of Supervisors has established fees for these plans, and applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to permits within the Specific Plan. The fee due will be based on the fee in effect at the time of payment. 4. As previously conditioned by the County. The greenbelt park drainage and detention basin system located at the southern portion of the Specific Plan should be a part of the landscape and drainage maintenance mechanism that can be potentially maintained by the Citywide CFD 2015-2. These facilities should be designed to appropriate City standards The Greenbelt channel shall be designed to have non -erosive velocities of 6 feet per second or less. 5. The Specific Plan proposes to divert onsite storm runoff from about 112 acres located north of McCall Boulevard and east of Menifee Road into the Salt Creek/Winchester watershed to the south. The developer proposes to offset these impacts by grading about 114 acres northwesterly of Briggs Road and Case Road to drain towards the Homeland watershed. This drainage scheme is acceptable to the City given as long as: a. Both of the diverted areas to be balanced are proposed to be graded concurrently. b. The boundary for the adopted ADP's and their correspondent fees do not change. 6. The Specific Plan proposes to construct an 84-inch storm drain to outlet the flows from the greenbelt park drainage and detention basin system along Lindenberger Road to the south. This facility will be required to outlet directly into Salt Creek, which is located approximately 2,000 feet southerly of Simpson Road. 7. The entire property on the north side of Case/Matthews Road is impacted by a FEMA (Federal Emergency Management Agency) mapped Zone A floodplain. Development within this floodplain will require the applicant to process a Conditional Letter of Map Revision (CLOMR). This will require the preparation and submittal of an extensive hydrologic/hydraulic analysis prior to the approval of tentative map proposals. 8. Planning Areas 11 through 13 located on north side of Case/Matthews Road and southerly of McLaughlin Road will be subject to severe flooding damage until flood control facilities have been constructed upstream. The development of Planning Areas 11 through 13 will require the construction of the proposed Homeland/Romoland ADP facilities Line A, and Line 4. In the event Line A is already constructed, the developer shall coordinate the tie in of the development's drainage facilities with Line A construction. The design shall be 42 reviewed and approved by both the City and RCFC District. The design of Line A shall maintain the capacity to hold and collect the 100-year runoff from the entire watershed tributary to the proposed Juniper Flats Basin, the Briggs Basin, Homeland Line 1, and Romoland Line A-3. 9. The City will not issue permits for grading or map recordation for Planning Areas 1 through 10 until adequate offsite facilities upstream have been constructed to collect the offsite runoff tributary to the site. These facilities may include, but not limited to Homeland Line 1 and Romoland Line A-3. 10. The master drainage plan for the Specific Plan shows proposed storm drains to collect onsite runoff from Planning Areas 1 through 9 and to discharge the flows towards the south into the proposed Line A. These facilities shall be extended further north to collect offsite storm runoff from the vicinity north of Highway 74 so that future developments from the area have an adequate facility to outlet their respective onsite flows. 11. The current alignment for the proposed Romoland Line A is sited along the existing low ditch located just north of McLaughlin Road. The alignment for this major ADP facility is now finalized and Line A is currently under construction. The developer should be aware the Planning Areas adjacent to the Line A alignment could be affected depending upon the location of the final alignment adopted for Line A. 125. CONSTRUCT DRAINAGE FACILTIES: It should be noted that the City will not allow the issuance of grading permits nor allow recordation of the final map until the plans for Line 1(including inlets that will be publicly maintained) Line A, and Briggs Road detention basin have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if a Community Facilities District (CFD) is formed to construct the facilities listed above, then map recordation and grading permits will be allowed when the construction contracts for those facilities are awarded or as approved by the General Manager -Chief Engineer. Occupancy will not be granted for any unit until all necessary upstream and downstream facilities are functional. 126. DRAIN TO STREET: All lots shall be graded to drain to the adjacent street or an adequate outlet. 127. 10 YR CURB - 100 YR ROW: The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. All lots shall be graded to drain to the adjacent street or an adequate outlet. 128. 100 YR SUMP OUTLET: Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 129. PERP 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 area and outlet points. 43 130. 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. 131. FEMA PANEL NO. The entire site is within the 100 year Zone A flood plain limits as delineated on Panel No. 060245 2085C of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program administered by the Federal Emergency Management Agency (FEMA). 132. MAJOR FACILITIES: Major flood control facilities are being proposed. These shall be designed and constructed to City standards including those related to alignment and access to both inlets and outlets, and coordinated with master planned facilities being constructed by Riverside County Flood Control. The applicant shall consult the City early in the design process regarding materials, hydraulic design and transfer of rights of way. 133. FLOOD HAZARD REPORT: This is a proposal to subdivide 205 acres for residential use and a park site in the Romoland area. The site is located at the northeast corner of McLaughlin Road and Menifee Road. This development is located within the Menifee Ranch Specific Plan (SP 301). The entire site is located within the 100 year Zone A floodplain limits for Ethanac Wash as delineated on Panel No. 060245 2085C of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program administered by the Federal Emergency Management Agency (FEMA). The site is subject to tributary offsite runoff from the east and north of Highway 74. The development of this site is contingent upon the construction of major Romoland Master Drainage Plan (MDP) facilities including Line A which is currently under construction along the southern portion of the site, Line 1 and the Briggs Road Basin. A Community Facilities District (CFD) maybeformed to construct these major drainage facilities. If the CFD doesn't form this development or another development will be required to construct the MDP facilities. As previously conditioned by the County of Riverside: The site will be still subject to offsite from the east and north of Highway 74 even after the construction of the backbone MDP facilities. The developer has proposed a plan that includes roadside ditches north of Highway 74 to collect tributary storm flows. Any facilities, interim or permanent, would require a public entity to maintain them. The City is not willing to accept maintenance of roadside ditches. Unless the developer can get the PW Engineering Department to accept maintenance responsibilities for these ditches another plan will be required to protect this development from offsite storm flows which may include storm drains or open channels to Riverside County Flood Control District standards. Minor offsite flows will be tributary to the northern of the site where it is setback from Highway 74 and eastern boundary along the school site. Interceptor ditches 44 must be designed appropriately (see 10. FLOOD R1.13) and offsite easements obtained or the map shall be redesigned to eliminate the need for offsite easements. The developer proposes to drain the site via streets and a storm drain system to Line A. The paseos will not be used for flood protection purposes. However, a system of grass swales and water quality inlets within the paseos is proposed to be used to meet the requirements for water quality. The water quality inlets shall be located offline of the storm drains as the City will not maintain these inlets. Any development within the limits of the proposed Specific Plan is conditioned to include detention facilities designed so that downstream peak flows will not increase due to development. As this development will be required to construct Line A to the San Jacinto River mitigation for increased runoff will not be required of this tract. It should be noted that the City will not allow the issuance of grading permits nor allow recordation of the final map until the plans for Line 1 (including inlets that will be publicly maintained), Line A, and Briggs Road detention basin have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if a Community Facilities District (CFD) is formed to construct the facilities listed above, then map recordation and grading permits will be allowed when the construction contracts for those facilities are awarded. Occupancy will not be granted for any unit until all necessary upstream and downstream facilities are functional. Any proposed storm drain facilities shall be designed in coordination with Riverside County Flood Control master planned facilities. All proposed facilities shall support the drainage design of the proposed project to the satisfaction of the City of Menifee City Engineer.The site is located within the bounds of the Homeland/Romoland Area Drainage Plan (ADP) for which drainage fees have been established by the Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to permits for this project. 134. BMP - ENERGY DISSIPATOR. 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. 135. BMP - TRASH RACKS. Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 136.INTERCEPTOR DITCHES. The criteria for maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum 5-foot rectangular channel. Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. If collection of offsite tributary flows requires that interceptor ditches carry more than 10cfs, the portion of ditch exceeding 10cfs shall be publicly maintained. The M, developer shall construct a 12-foot access road along the downstream side of the v-ditch interceptor drain. A splash wall shall be provided on the downstream side of the interceptor drain unless a block wall with a minimum of 3 courses of block is provided at the back property line of the affected lots. 137. 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. 138. 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 City adopted County Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities and/or appropriate easements as approved by the PW Engineering Department. 139. WRITTEN PERM 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. 140. WATERS OF U.S.-HEC, PERM. portion of the proposed project is in a floodplain and may affect "waters of the United States", "wetlands" or "jurisdictional streambeds", therefore, in accordance with the requirements of the National Flood Insurance Program and Related Regulations (44 CFR, Parts 59 through 73) and County Ordinance No. 458: a. A flood study consisting of HEC-2/HEC-RAS calculations, cross sections, maps and other data should be prepared to the satisfaction of the Federal Emergency Management Agency (FEMA), the Riverside County Flood Control District, and the City for the purpose of revising the effective Flood Insurance Rate Map of the project site. The study shall be submitted with the related project improvement plans. Grading permits shall not be issued and final maps shall not record until a Conditional Letter of Map Revision (CLOMR) has been received from FEMA. Final Building Inspections for lots impacted by the FEMA floodplain shall not be issued until a Letter of Map Revision (LOMR) is obtained from FEMA. The applicant shall be responsible for payment of all processing fees required by FEMA for the CLOMR and LOMR. FEMA submittals for a CLOMR shall be reviewed by the District or City on a fee for service basis. A fee in conformance with the requirements of 44 CFR Parts 65, 70 and subsequent final rules shall be required prior to final map approval to cover the cost of processing the LOMR. Payment of all District and City fees and deposits for processing of FEMA submittals shall be made directly to the each agency. Fees for processing FEMA 46 submittals shall be in addition to regular City plan check fees. b. A copy of appropriate correspondence and necessary permits from those government agencies from which approval is required by Federal or State law (such as Corps of Engineers 404 permit or Department of Fish and Game 1603 agreement) should be provided to the City prior to the final City approval of the project. 141. CONSTRUCT DRAINAGE FACILITIES. It should be noted that the City will not allow the issuance of grading permits nor allow recordation of the final map until the plans for Line 1 (including inlets that will be publicly maintained), Line A, and Briggs Road detention basin have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if a Community Facilities District (CFD) is formed to construct the facilities listed above, then map recordation and grading permits will be allowed when the construction contracts for those facilities are awarded or as approved by the General Manager -Chief Engineer. Occupancy will not be granted for any unit until all necessary upstream and downstream facilities are functional. 142. 3 ITEMS TO ACCEPT SD. Inspection and maintenance of the storm drain system to be constructed with this tract must be performed by either the Public Works Department or the Flood Control District. The engineer (owner) must request in writing that one of these agencies accept the proposed storm drain system. The request shall note the project number, location, briefly describe the system (sizes and lengths) and include an exhibit that shows the proposed alignment. The request to the City shall be addressed to Warren D. Williams, General Manager -Chief Engineer, Attn: Stuart E. McKibbin, Chief of the Planning Division. If the City is willing to maintain the proposed drainage system items must be accomplished prior to recordation of the final map or starting construction of the drainage facility: 1) the developer shall submit to the City the preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the City and secure that right of way to the satisfaction of the City; 2) an agreement with the City must be executed which establishes the terms and conditions of inspection, operation and maintenance; and 3) plans for the facility must be signed by Public Works Director. 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 Mark Wills. All right of way transfer issues must be coordinated with Morris Reynolds of the City'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 City's Inspection section before a pre - construction meeting can be scheduled. 143. BMP - MAINT & INSPECTION. Unless an alternate viable maintenance entity is identified, the CC&R's for the development's Homeowners Association (HOA) shall contain provisions for all privately owned catch basin to be inspected, and if required, cleaned no later than October 15 each year. The CC&R's shall identify the entity that will inspect and maintain all structural BMP's within the project 47 boundaries. A copy of the CC&R's shall be submitted to the City for review and approval. 144. ADP FEES. A notice of drainage fees shall be placed on the environmental constraint sheet and final map. The exact wording of the note shall be as follows: NOTICE OF DRAINAGE FEES Notice is hereby given that this property is located in the Homeland/Romoland Area Drainage Plan which was adopted by the Board of Supervisors of the County of Riverside pursuant to Section 10.25 of Ordinance 460 and Section 66483, et seq, of the Government Code and that said property is subject to fees for said drainage area. Notice is further given that, pursuant to Section 10.25 of Ordinance 460, payment of the drainage fees shall be paid with cashier's check or money order only to the Riverside County Flood Control and Water Conservation District at the time of issuance of the grading or building permit for said parcels, whichever occurs first, and that the owner of each parcel, at the time of issuance of either the grading or building permit, shall pay the fee required at the rate in effect at the time of issuance of the actual permit. Prior to Map Recordation 145. 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". 146. 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 City 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. Prior to Grading Permit 147. 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 Building and Safety Department's conditional approval of this application includes an expectation that the conceptual grading plan reviewed and approved for it complies or can comply with any WQMP (Water Quality Management Plan) required by Riverside County Flood Control and Water Conservation District. 148. SLOPES IN FLOODWAY. Grade slopes which infringe into the 100 year flood way boundaries, shall be protected from erosion, or other flood hazards, by a 48 method acceptable to the PW Engineering Department - this may include Riverside County Flood Control & Water Conservation District's review and approval. However, no graded slope will be allowed which in the professional judgment of the City PW Engineering Department blocks, concentrates or diverts drainage flows. 149. OFFSITE 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. 150. 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 Building and Safety 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 Building and Safety Department Director for approval. Additionally, if the movement of import/export occurs using county roads, review and approval of the haul routes by the PW Engineering Department will be required. 151. SUBMIT PLANS. A copy of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City for review. The plans must receive City approval prior to issuance of grading permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 152. MAP PHASING. If the tract is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows. 153. EROSION CONTROL AFTER RGH GRAD. 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 City for review. 154. OFFSITE 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 City 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. 155. BMP — FILTRATION. Impervious areas shall be graded or constructed to drain to a filtration BMP or equally effective alternative. Filtration BMPs can be found in the attachment to Supplement A, "Selection and Design of Stormwater Quality Controls". 156. ADP FEES. Tract 31811 is located within the limits of the Homeland/Romoland Area Drainage Plan for which drainage fees have been adopted. Drainage fees shall be paid with cashier's check or money order only to the City 49 at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the land owner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular Area Drainage Plan at the time of issuance of the grading permits or issuance of the building permits if grading permits are not issued. 157. CONSTRUCT DRAINAGE FACILITIES. It should be noted that the City will not allow the issuance of grading permits nor allow recordation of the final map until the plans for Line 1 (including inlets that will be publicly maintained), Line A, and Briggs Road detention basin have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if a Community Facilities District (CFD) is formed to construct the facilities listed above, then map recordation and grading permits will be allowed when the construction contracts for those facilities are awarded or as approved by the General Manager -Chief Engineer. Occupancy will not be granted for any unit until all necessary upstream and downstream facilities are functional. Prior to Building Permit Issuance 158. GRADING PERMIT PRIOR TO BUILDING. Prior to issuance of any building permit, the property owner shall obtain a grading permit and/or approval to construct from the PW Engineering Department. 159. SUBMIT PLANS. A copy of the improvement plans, grading plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City for review. The plans must receive City approval prior to issuance of building permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 160. ADP FEES. Tract 31811 is located within the limits of the Homeland/Romoland Area Drainage Plan for which drainage fees have been adopted. Drainage fees shall be paid with cashier's check or money order only to the City 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 Certificate of Occupancy 161. FACILITY COMPLETION. The City will not release occupancy permits for any residential lot within the map or phase within the map until all necessary upstream and downstream drainage facilities are functional. 50 D. Street Improvements 162. SP - SP301A1 TS CONDITIONS. The PW Engineering Department has reviewed the traffic study submitted for the referenced project. The study has been prepared in accordance with accepted traffic engineering standards and practices, utilizing County -approved guidelines. We generally concur with the findings relative to traffic impacts. The study indicates that for Year 2020 it is possible to achieve a Level of Service "C" for the following intersections (some of which will require additional construction for mitigation at the time of development): 1-215 Fwy SB Ramps (NS)/SR-74 (EW) 1-215 Fwy SB Ramps (NS)/Ethanac Road (EW) 1-215 Fwy SB Ramps (NS)/McCall Boulevard (EW) 1-215 Fwy SB Ramps (NS)/Newport Road (EW) 1-215 Fwy NB Ramps (NS)/SR-74 (EW) 1-215 Fwy NB Ramps (NS)/Ethanac Road (EW) 1-215 Fwy NB Ramps (NS)/McCall Boulevard (EW) 1-215 Fwy NB Ramps (NS)/Newport Road (EW) Encanto Drive (NS)/Ethanac Road (EW) Encanto Drive (NS)/McCall Boulevard (EW) Sherman Road (NS)/Ethanac Road (EW) Sherman Road (NS)/McCall Boulevard (EW) Antelope Road (NS)/SR-74 (EW) Antelope Road (NS)/Ethanac Road (EW) Antelope Road (NS)/McCall Boulevard (EW) Antelope Road (NS)/Newport Road (EW) Palomar Road (NS/SR-74 (EW) Menifee Road (NS)/SR-74 (EW) Menifee Road (NS)/McLaughlin Road (EW) Menifee Road (NS)/Loop Road (EW) Menifee Road (NS)/McCall Boulevard (EW) Menifee Road (NS)/Grand Avenue (EW) Menifee Road (NS)/Simpson Road (EW) Menifee Road (NS)/Newport Road (EW) Malaga Road (NS)/SR-74 (EW) Lindenberger Road (NS)/Simpson Road (EW) Lindenberger Road (NS)/Newport Road (EW) Briggs Road (NS)/SR-74 (EW) Briggs Road (NS)/McLaughlin Road (EW) Briggs Road (NS)/McCall Boulevard (EW) Briggs Road (NS)/Grand Avenue (EW) Briggs Road (NS)/Simpson Road (EW) Leon Road (NS)/Simpson Road (EW) Juniper Flats Road (NS)/SR-74 (EW) The study indicates that with feasible mitigation, it is possible to achieve level of Service "D" for Year 2020 traffic conditions at the following intersections: Menifee Road (NS)/SR-74 (EW) Briggs Road (NS)/SR 74 (EW) Antelope Road (NS)/Newport Road (EW) Sherman Road (NS)/Ethanac Road (EW) The associated conditions of approval incorporate mitigation measures identified in the traffic study which are necessary to achieve or maintain these levels of service. 163. SP - SP301A1 TRAFFIC SIG MIT. The project proponent shall participate in the Traffic Signal Mitigation Program as approved by the Board of Supervisors. 164. SP - SP301A1 LANDSCAPING. Any landscaping within public road rights -of - way will require approval by the Director of PW Engineering and assurance of continuing maintenance through the establishment of a landscape maintenance district or similar mechanism as approved by the Director of Public Works. The minimum width for landscaped medians shall be 14 feet. 51 165. STD INTRO 3(ORD 4601461). 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 Ordinance 460 and 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. 166. UTILITY INSTALL. 1. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461. This also applies to existing overhead lines which are 33.6 kilowatts or below along the project frontage and within the project boundaries. 167. OFF -SITE PHASE. Should the applicant choose to phase any portion of this project, said applicant shall provide off -site access roads to County maintained roads as approved by the PW Engineering Department. 168. TS/CONDITIONS 2. The County Transportation Department has previously reviewed the traffic study submitted for the referenced project, and conditioned the project as follows: The study has been prepared in accordance with County - approved guidelines. This project will be required to update the existing site specific traffic study to adhere to all current City of Menifee standards and specifications. Additional mitigation measures may be required as a result of updating the existing study. The applicant shall meet any new mitigation measures addressed in the updated study to the satisfaction of the PW Director. The Comprehensive General Plan circulation policies require a minimum of Level of Service'C', except that Level of Service'D' may be allowed 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 previous County reviewed study indicates that it is possible to achieve adequate levels of service for the following intersections based on the traffic study assumptions. 1-215 SB Ramps (NS) at: Ethanac Road (EW) McCall Boulevard (EW) 1-215 NB Ramps (NS) at: Ethanac Road (EW) McCall Boulevard (EW) Encanto Drive (NS) at: McCall Boulevard (EW) Sherman Road (NS) at: Ethanac Road (EW) McCall Boulevard (EW) Antelope Road (NS) at: Ethanac Road (EW) McCall Boulevard (EW) 52 Palomar Road (NS) at: SR-74 (EW) Mathews Road (EW) Menifee Road (NS) at: SR-74 (EW) "A" Street (EW) McLaughlin Road (EW) McCall Boulevard (EW) Simpson Road (EW) Malaga Road (NS) at: SR-74 (EW) "Y" Street (EW) "Z" Street (EW) McLaughlin Road (EW) Lindenberger Road (NS) at: Simpson Road (EW) Briggs Road (NS) at: SR-74 (EW) Sultanas Road (NS) at: SR-74 (EW) Juniper Flats Road (NS) at: SR-74 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 by the County of Riverside, which are necessary to achieve or maintain the current required level of service. An updated study shall address current volumes and current levels of service, and any necessary mitigation measures required to meet levels of service to the satisfaction of the City Traffic Engineer and PW Director. Prior to Map Recordation 169. SP - SP301A1 DEMAND MGMT PROG. The proposed project will be a substantial traffic generator. As such, the project proponent shall incorporate such demand management programs as may be appropriate to comply with the goals and objectives of the Regional Mobility Plan, Air Quality Management Plan, and Congestion Management Program, including: a. The establishment of an on -site rideshare program. b. The provision of on -site park -and -ride facilities. c. Design provisions to accommodate transit services. All as approved and confirmed by the Director of Public Works. 170. SP301A1 GEOMETRICS . The traffic study indicates that additional right-of-way and widening may be required for the following intersection geometrics beyond what is required according to the General Plan street classification. Prior to the approval of any project contiguous to the intersections the project design and exhibits shall reflect the following geometric requirements: Menifee Road (NS)/SR-74 (EW) Northbound: Two left turn lanes, three through lanes, one right turn lane. Southbound: Two left turn lane, three through lanes, one right turn lane. 53 Eastbound: One left turn lane, four through lanes. Westbound: Two left turn lanes, four through lanes. Menifee Road (NS)/McLaughlin Road (EW) Northbound: One left turn lane, three through lanes, one right turn lane. Southbound: One left turn lane, three through lanes. Eastbound: One left turn lane, one through/right turn lane. Westbound: One left turn lane, one through/right turn lane. Menifee Road (NS)/Loop Road (EW) Northbound: Three through lanes. Southbound: One left turn lane, three through lanes. Eastbound: NA Westbound: One left turn lane, one right turn lane. Menifee Road (NS)/McCall Boulevard (EW) Northbound: Two left turn lanes, three through lanes. Southbound: Two left turn lanes, three through lanes, one right turn lane. Eastbound: Two left turn lanes, three through lanes, one right turn lane. Westbound: Two left turn lanes, three through lanes. Menifee Road (NS)/Grand Avenue (EW) Northbound: Three through lanes Southbound: One left turn lane, three through lanes Eastbound: N/A Westbound: One left turn lane, one right turn lane Menifee Road (NS)/Simpson Road (EW) Northbound: Three though lanes, one right turn lane Southbound: Two left turn lanes, three through lanes Eastbound: N/A Westbound: one left turn lane, one right turn lane Briggs Road (NS)/SR-74 (EW) Northbound: Two left turn lane, two through lanes, one right turn lane. Southbound: Two left turn lanes, two through lanes. Eastbound: Two left turn lane, four through lanes, one right turn lane Westbound: Two left turn lanes, four through lanes, one right turn lane. Briggs Road (NS)/McCall Boulevard (EW) Northbound: Two left turn lanes, three through lanes. Southbound: Two left turn lanes, three through lanes. Eastbound: Two left turn lanes, three through lanes, one right turn lane. Westbound: Two left turn lanes, three through lanes, one right turn lane. Briggs Road (NS)/Simpson Road (EW) Northbound: One left turn lane, three through lanes. Southbound: Two left turn lane, three through lanes. Eastbound: One left turn lane, two through lanes. 54 Westbound: One left turn lanes, two through lanes, one right turn lane. Briggs Road (NS)/McLaughlin Road (EW) Northbound: One left turn lane, two through lanes, one right turn lane. Southbound: Two left turn lanes, two through lanes Eastbound: One left turn lane, two through lanes Westbound: One left turn lane, two through lanes Said projects shall also include a condition of approval that requires the above geometrics to be improved prior to recordation of any subdivision or the issuance of building permits for all other projects. 171. SP - SP301A1 CETAP CORRIDORS. The following are identified as corridors along the project frontage on the "Draft Alternatives Development Report for Winchester to Temecula Corridor" for the CETAP process: 1. SR 74 (Pinacate Road) from Menifee Road to Briggs Road. 2. Mathews Road from Ethanac Road (SR 74) to Briggs Road, and from Briggs Road from Mathews Road to Simpson Road. In the event that one or a combination of these corridors are adopted as a CETAP corridor, this project shall set aside the necessary right-of-way to accommodate a 300-foot corridor (without frontage roads), or a 400-foot corridor (with frontage roads), or a transit corridor as determined by the final adopted CETAP corridor, and, if necessary, redesign the Specific Plan accordingly. In the interim, no permanent construction shall be allowed in the area of the potential CETAP corridors along Winchester Road and Scott Road until a final decision is made with respect to corridor adoption, or until three years after approval of the Specific Plan, whichever is earlier. 172. SP - SP301A1 IMP FUNDING. Prior to the recordation of any subdivision for any portion of Specific Plan No. 301, a funding mechanism shall be established for regional improvements including the following, or the improvements must be scheduled for construction with funding assured: 1-215 Fwy SB Ramps/SR-74 - Bonnie Drive 1-215 Fwy NB Ramps/SR-74 1-215 Fwy SB Ramps/Ethanac Road 1-215 Fwy NB Ramps/Ethanac Road 1-215 Fwy SB Ramps/Rouse Road 1-215 Fwy NB Ramps/Rouse Road 1-215 Fwy SB Ramps/McCall Boulevard 1-215 Fwy NB Ramps/ McCall Boulevard 1-215 Fwy SB Ramps/Newport Road 1-215 Fwy NB Ramps/Newport Road Said projects shall be also include a condition of approval that requires the above funding mechanism to be established prior to recordation of any subdivision or the issuance of building permits for all other projects. 173. CONCEPTUAL PHASE GRADING. Prior to the approval of an application for a division into units or phasing plan for the TENTATIVE MAP, a conceptual grading plan covering the entire TENTATIVE MAP shall be submitted to the County Planning Department for review and approval. The conceptual grading plan shall comply with the following: 41 A. Techniques which will be used to prevent erosion and sedimentation during and after the grading process shall be depicted or documented. B. Approximate time frames for grading and areas which may be graded during the higher probability rain months of January through March shall be identified. C. Preliminary pad and roadway elevations shall be depicted. D. Areas where temporary grading occurs on any phase other than the one being graded for development at a particular time shall be identified. The approved conceptual grading plan shall be provided to the Building and Safety Grading Division and shall be used as a guideline for subsequent detailed grading plans for individual units or phases of the TENTATIVE MAP. 174. SUBMIT PLANS. A copy of the improvement plans, grading plans, final map, environmental constraint sheet and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City for review. The plans must receive City approval prior to recordation. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 175. DEDICATIONS. Streets 'A' and 'Y' (entry) shall be improved within the dedicated right-of-way in accordance with County Standard No. 103, Section A. (54'/76') (modified) Street 'Z' (entry) shall be improved within the dedicated right-of-way in accordance with County Standard No. 103, Section A. (54'/80') Streets T and 'Y' (adjacent to the park site shall be improved within the dedicated right-of-way in accordance with County Standard No. 103, Section A. (44766) Malaga Road (southerly of 'Y' Street shall be improved within the dedicated right- of-way in accordance with Exhibit 'H' of the Countywide Design Guideline. (64'/100'). A trail is required on Malaga Road. See Specific Plan for details. Malaga Road (northerly of Street) shall be improved within the dedicated right- of-way in accordance with Exhibit 'H' of the Countywide Design Guidelines. (32'/50'). A trail is required on Malaga Road. See Specific Plan for details. McLaughlin Road shall be improved within the dedicated right-of-way in accordance with Exhibit'H' of the Countywide Design Guidelines. (32750). A trail is required on McLaughlin Road. See Specific Plan for details. All other internal streets shall be improved within the dedicated right-of-way in accordance with Exhibit'F' of the Countywide Design Guidelines. (32756). 176. EXISTING MAINTAINED. Menifee Valley is a paved County maintained road and shall be improved with concrete curb -and -gutter located 55 feet from centerline and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the PW Engineering Department within a 76 56 foot half -width dedicated right-of-way in accordance with Exhibit 'L' of the Countywide Design Guidelines. (55776). Trails shall be provided consistent with the City of Menifee General Plan. Briggs Road is a dirt County maintained road and shall be improved with concrete curb -and -gutter located 38 feet from centerline and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the PW Engineering Department within a 59 foot half -width dedicated right-of- way in accordance with Exhibit 'I' of the Countywide Design Guidelines. (38759'). Trails shall be provided consistent with the City of Menifee General Plan. 177. 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 PW Engineering Department. Completion of road improvements does not imply acceptance for maintenance by County. 178. OFF -SITE INFO. The off -site rights -of -way required for said access road(s) shall be accepted to vest title in the name of the public if not already accepted. 179. CALTRANS 1. The land divider shall comply with the Caltrans recommendations. 180. CALTRANS 2. A copy of the final map shall be submitted to Caltrans, District 08, Post Office Box 231, San Bernardino, California 92403; Attention: Project Development, for review and approval prior to recordation. 181. 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. 182. ACCESS RESTRICTION. Lot access shall be restricted on McLaughlin Road, Menifee Road, State Highway 74 and Malaga Road and so noted on the final map. 183. 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. Traffic signing and striping shall be performed by County forces with all incurred costs borne by the applicant, unless otherwise approved by the County Traffic Engineer. 184. STREET NAME SIGN. The land divider shall install street name sign(s) in accordance with County Standard No. 816 as directed by the PW Engineering Department. 185. LANDSCAPING. The project proponent shall comply in accordance with landscaping requirements within public road rights -of -way, in accordance with Ordinance 461. Landscaping shall be installed within Briggs Road, McLaughlin Road, State Highway 74 and Malaga Road. Landscaping plans shall be submitted on standard County Plan sheet format (24" X 36"). Landscaping plans 57 shall be submitted with the street improvement plans. If landscaping maintenance to be annexed to County Service Area, or Landscaping and Lighting Maintenance District, landscaping plans shall depict ONLY such landscaping, irrigation and related facilities as are to be placed within the public road rights -of -way. 186. ASSESSMENT DIST. 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. 187. SOILS 2. The developer/owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of-way. 188. 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. 189. STREET SWEEPING. The project proponent shall contact the County Service Area (CSA) Project Manager to file an application for annexation or inclusion into CSA for street sweeping; or enter into a similar mechanism as approved by the PW Engineering Department. 19o. STREETLIGHT PLAN. A separate street light plan is required for this project. Street lighting shall be designed in accordance with City of Menifee Standard Plans and Specifications. 191. TS/DESIGN. The project proponent shall be responsible for the design of traffic signals at the intersection of: - Menifee Road and "A" Street with no fee credit given for Traffic Signal Mitigation Fees. - State Highway 74 and Malaga Road with fee credit eligibility. Installation of the signal (s) shall be per 90.TRANS.5. Prior to Grading Permit 192. GRADING BONDS. Grading in excess of 199 cubic yards will require performance security to be posted with the Building and Safety Department. Single Family Dwelling units graded one lot per permit and proposing to grade less than 5,000 cubic yards are exempt. 193. SLOPE EROSION CONTROL PLAN. Erosion control- landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by 58 a registered landscape architect and bonded per the requirements of Ordinance 457, see form 284-47. 194. GEOTECH/SOILS RPTS. Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the Building and Safety Department's Grading 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 Riverside County.* *The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS. Prior to Building Permit Issuance 195. SP - SP301A1 REGIONAL COORD. Prior to the issuance of any building permits, the project proponent shall consult with and obtain clearance from the following agencies to assure compliance and coordination with the Regional Mobility and Air Quality Management Plans and Congestion Management Program: a. Caltrans, District 8 b. Riverside Transit Agency (RTA) Confirmation of such contact and coordination shall be provided to the PW Engineering Department. [NOTE: This condition must be satisfied for each implementing project of the Specific Plan. Any requirements of these agencies to comply with this condition shall be incorporated in the implementing projects, if applicable.] 196. SP - SP301A1 TRAF SIG FUNDING. A Specific Plan Signal Mitigation funding mechanism shall be established for this project. This fund shall be specific to this project and shall be established to accrue fees for installation of traffic signals which mitigate impacts specific to this project, in addition to fees collected through the DIF. In general, the following intersections have been identified as requiring signalization due exclusively to the specific plan and would not qualify for credit: Menifee Road (NS)/ Planning Area 6 Menifee Road (NS)/McLaughlin Road (EW) Menifee Road (NS)/Rouse Road (EW) Menifee Road (NS)/Loop Road (EW) Menifee Road (NS)/Grand Avenue (EW) Menifee Road (NS)/Planning Area 40 Malaga Road (NS)/SR-74 (EW) Loop Road West (NS)/McCall Boulevard (EW) Planning Area 20/25/McCall Boulevard (EW) Loop Road East (NS)/McCall Boulevard (EW) Lindenberger Road (NS)/Simpson Road (EW) Briggs Road (NS)/Planning Area 12 Briggs Road (NS)/Planning Area 18 Briggs Road (NS)/Grand Avenue (EW) Briggs Road (NS)/Planning Area 31/32 Simpson Road (NS)/Lindenberger Road (EW) 197. 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 59 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. Prior to Certificate of Occupancy 198. 80% COMPLETION. Occupancy releases will not be issued to 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 confirmation of acceptance for use by the Flood Control District, if applicable, is required. d) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required. e) Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. f) Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with City adopted County Ordinance 461. 199. 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. 200. STREET SWEEPING. Street sweeping annexation or inclusion into CSA or similar mechanism as approved by the PW Engineering Department shall be completed. 201. STREET LIGHTS INSTALL. Install streetlights along the streets associated with development in accordance with the approved street lighting plan and standards of City Standard Plans and Specifications. Streetlight annexation into citywide CFD or similar mechanism as approved by the PW Engineering Department shall be completed. 60 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. TS/INSTALLATION. The project proponent shall be responsible for the construction and installation of traffic signals at the following locations: - Menifee Road and "A" Street with fee credit given for traffic signal mitigation fees, - State Highway 74 and Malaga Road with fee credit eligibility. or as approved by the PW Engineering Department The project proponent shall contact the PW Engineering Department and enter into an agreement for signal mitigation fee credit or reimbursement prior to start of construction of the signals. All work shall be pre -approved by and shall comply with the requirements of the PW Engineering Department and the public contract code in order to be eligible for fee credit or reimbursement. 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. 203. Trash Enclosures Standards and Specifications — Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e) The enclosure area shall be protected from receiving direct rainfall or run- on from collateral surfaces. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non -hazardous liquids without solid trash may be put in the 61 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 204. 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 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. 205. 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 Engineering 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. 206. 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 62 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 207. 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. 208. Inspection of BMP Installation: Prior to issuance of any Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and/or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site for in a City maintained database for future periodic inspection. 209. BMP Maintenance & Inspection: If the development is establishing a Homeowners Association (HOA The CC&R's for the development's Homeowners Association (HOA) shall contain inspection provisions for any privately owned treatment control BMPs, and if required, cleaned no later than any major rain event. The CC&R's shall identify the entity that will inspect and maintain all privately owned structural BMP's within the project boundaries. A copy of the CC&R's shall be submitted to the PW Engineering Department for review and approval. F. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015- 2 210. 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 63 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 211. 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. 212. CFD Annexation Agreement - In the event timing for this development's schedule prevents the developer/property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the recordation of a final map but prior to issuance of a Certificate of Occupancy. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to final map recordation. If the project is within the boundaries of any existing Valleywide district for landscape, lighting, streetlight, or other maintenance, the project shall detach from all existing Valleywide districts and annex into the citywide CFD 2015-2. 213. Annexation to Citywide Community Facilities District (CFD) for Public Safety - 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 future City of Menifee Community Facilities District (CFD) for Public Safety, currently in formation. The developer/property owner shall be responsible for all costs associated with the annexation of the proposed development into the Public Safety CFD. 64 214. Public Safety CFD Annexation Agreement - In the event the timing of this development prevents the developer/property owner from complying with the above condition of approval for annexation into the Public Safety CFD, 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 any Certificates of Occupancy for the development. The developer shall be responsible for all costs associated with the preparation and approval of the CFD annexation agreement. The agreement shall be approved by the City Attorney and City Council prior to final map recordation. 215. 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. 216. 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. 217. 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. 218. 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. 219. Maintenance of CFD Accepted Facilities — All landscaping and appurtenant facilities to be maintained by the citywide CFD 2015-2 shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. G. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 220. Fees and Deposits: Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable regional fees. Said fees and deposits shall be collected at the rate 65 in effect at the time of collection as specified in current City resolutions and ordinances. Section IV: Riverside County Fire Department Conditions of Approval TIO General Conditions 99. Specific Plan Condition — Adverse Impacts. The proposed project will have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures and population. The project proponents/developers shall participate in the development Impact fee program as adopted by the Riverside County Board of Supervisors to mitigate a portion of these impacts. This will provide funding for capitol improvements such as land/equipment purchases and fire station construction. The Fire Department reserves the right to negotiate developer agreements associated with the development of land and/or construction of fire facilities to meet service demands through the regional integrated fire protection response system. 100. Specific Plan Condition - Water Mains. All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of Riverside County Ordinance 460 and/or No. 787 or subsequent ordinance adopted by the City, subject to the approval by the Riverside County Fire Department. 101. Specific Plan Condition — Impact Mitigation. The project proponents shall participate in the fire protection impact mitigation program as adopted by the Riverside QG Rty Rearm of S PeF nr City of Menifee. 102. Specific Plan Condition - Fire Station. Based on national fire standards, one new fire station and/or engine company could be required for every 2,000 new dwelling units, or 3.5 million square feet of commercial/industrial occupancy. Given the project's proposed development plan, up to 2 fire stations may be needed to meet anticipated service demands, given project densities. 103. Specific Plan Condition — Flag Lots. The Fire Department will not approve flag lots. 104. Specific Plan Condition — Potable Water. Water for fire protection shall be taken from a potable water source. Reclaimed water including tertiary treated water, shall not be used in lieu of or in addition to potable sources 105. Specific Plan Condition — Open Space Access. All open space areas shall be provided with access for the Fire Department. Street design shall be consistent with County development standards. 106. Specific Plan Condition — Secondary Access. In the interest of Public Safety, the project shall provide an Alternate or Secondary Access(s) as stated in the Transportation Department Conditions. Said Alternate or Secondary Access(s) shall have concurrence and approval of both the Transportation and Fire Departments and shall be maintained throughout any phasing. 107. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The building case number is required on all correspondence. MA Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886. 108. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Dept. recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and / or recognized fire protection standards. 109. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants, prior to installation, placement of markers must be approved by the Riverside County Fire Dept. 110. 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 111. 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. 112. ECS — Roofing Material. ECS map must be stamped by the Riverside County Surveyor with the following note: All buildings shall be constructed with class "A" material as per the California Building Code. 113. ECS - Water System Installed Prior to Bldg. ECS map must be stamped by the Riverside County Surveyor with the following note: The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. Prior to Issuance of Buildinq Permit 114. Tract Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface and all access primary and/or secondary. Approved water plans must be on the job site. 68 115. 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 116. 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. M Section V: Riverside County Environmental Health Conditions of Approval 70 General Conditions 117. 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. 118. 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 119. Water System. A water system shall have plans and specifications approved by Eastern Municipal Water District and the Department, the City Engineering Department, of Environmental Health. 120. Financial Arrangements. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 121. Sewer System. A sewer system shall have mylar plans and specifications as approved by the Eastern Municipal Water District, the City Engineering Department and the Department of Environmental Health. 122. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. 71 Section VI: Riverside Countv Environmental Programs Department Conditions of Approval 72 Prior to Issuance of Grading Permit 123. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre -construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the City of Menifee Community Development Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The City shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. If the site is not precise graded within than six (6) months of the rough and/or mass grading of the site, or if construction and/or disturbance of the site is suspended for a period of six (6) months or more, a new survey shall be required. 73 Section VII: Community Services Department Conditions of Approval 74 General Conditions 124. Park Annexation. All parklands must be annexed into a Communities Facilities District or other acceptable mechanism as determined by the City of Menifee. 125.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. 126. Park Plans. Park plans must be consistent with the City of Menifee Municipal Code Chapter 9.86 "Park Design, Landscaping and Tree Preservation", the Park Development Guidelines, Menifee Municipal Code Chapter 15.04 "Landscape Water Use Efficiency Requirements" and Eastern Municipal Water District requirements. Prior to Map Recordation 127.Trail Dedication. Prior to or in conjunction with the recordation of the final map, the applicant shall offer for dedication to the City of Menifee trails along McLaughlin and Malaga Roads and within paseos. These trails shall be as shown on the final map and the approved trails plan. Maintenance of the trails shall be provided through annexation to a Communities Facilities District or other entity acceptable to the City of Menifee. The land divider, or the land divider's successors -in -interest or assignees, shall be responsible for the maintenance of the trail easements until such time as the maintenance is taken over by the appropriate maintenance district. 128.Trail Plans. The applicant shall submit a trails plan (minor plot plan application) to the City of Menifee Community Development Department for review and approval prior to recordation of the final map or prior to grading permit issuance, whichever occurs first. This trails plan shall show the trail with all topography, grading, fencing, cross -sections, street crossings and under crossings, signage (if appropriate), lighting and landscaping. Trail crossings shall be located as indicated on the APPROVED TENTATIVE MAP. 129.Annexation into Park District. The land divider shall submit written proof to the Community Development Department that the subject property has been annexed to Communities Facilities District or other entity acceptable to the Community Development Director. Prior to Grading Permit Issuance 130. Trail Plans. The applicant shall submit a trails plan (minor plot plan application) to the City of Menifee Community Development Department for review and approval prior to recordation of the final map or prior to grading permit issuance, whichever occurs first. This trails plan shall show the trail with all topography, grading, fencing, cross -sections, street crossings and under 75 crossings, signage (if appropriate), lighting and landscaping. Trail crossings shall be located as indicated on the APPROVED TENTATIVE MAP. Prior to Issuance of a Building Permit 131. Quimby Fees. Payment of in -lieu fees and dedication of parkland. The proposed subdivision will fulfill Quimby obligations through the payment of in - lieu fees and dedication of land for credit for onsite parks. Prior to the issuance of a building permit, the City Manager or his/her designee shall determine the amount of Quimby Fees to be paid by the subdivider, if 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. Prior to Final Inspection 132. Park Performance Securities. Prior to the issuance of the first certificate of occupancy within the subdivision, the developer shall provide a sufficient surety, as determined by the Community Services Director, to guarantee that the park improvements located within PAs 4A, 4B, 5A, 58, 9, and 10 and amenities are completed and ready for public use. The surety shall be in an amount necessary to guarantee the installation of plantings, irrigation system, walls and/or fences, recreation equipment and other improvements in accordance with the approved parks plan. 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 park, including all planting and irrigation components have been adequately installed and maintained. 133. Quimby Fees. Quimby fees, if any required after dedication of land, 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. Prior to Issuance of a Given Building Permit 134. Planning Area 21 Park Plans. Prior to the issuance of the 2,825'h Building Permit within the Specific Plan, a minor plot plan application shall be submitted to and approved by the Community Services Department and/or Community Development Department showing the conceptual park plans for Planning Area 21 within the Specific Plan. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (including, but not limited to gazeboes, tot lots, picnic areas, lighting, decomposed granite trails, etc. as shown in the Specific Plan); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 76 135. Planning Area 21 Park Construction. Prior to issuance of the 3,150th building permit within the Specific Plan, the park designated as Planning Area 21 shall be constructed and open to the public. 136. Planning Area 5A Conceptual Park Plans. Prior to the issuance of the 100th Building Permit within the Tentative Tract Map, a minor plot plan application shall be submitted to and approved by the Community Services Department and/or Community Development Department showing the conceptual park plans for Planning Area 5A (OS Lot 564) within the Tentative Tract Map. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (including, but not limited to gazeboes, tot lots, picnic areas, lighting, decomposed granite trails, etc. as shown in the Specific Plan); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 137. Planning Area 5A Working/Construction Park Plans. Prior to the issuance of the 150' Building Permit within the Tentative Tract Map, working/construction park plans shall be submitted to and approved by the Community Services Department and/or Engineering and Public Works Department for the park within Planning Area 5A (OS Lot 564) within the Tentative Tract Map. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 138. Planning Area 5A Park Construction. Prior to issuance of the 251st building permit within the Specific Plan, the park designated as Planning Area 5A (OS Lot 564) shall be constructed and open to the public. 139. Planning Area 513 Conceptual Park Plans. Prior to the issuance of the 100th Building Permit within the Tentative Tract Map, a minor plot plan application shall be submitted to and approved by the Community Services Department and/or Community Development Department showing the conceptual park plans for Planning Area 5B (OS Lots 560 - 566) within the Tentative Tract Map. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (including, but not limited to gazeboes, tot lots, picnic areas, lighting, decomposed granite trails, etc. as shown in the Specific Plan); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 140. Planning Area 5B Working/Construction Park Plans. Prior to the issuance of the 150th Building Permit within the Tentative Tract Map, working/construction park plans shall be submitted to and approved by the Community Services Department and/or Engineering and Public Works Department for the park within Planning Area 5B (OS Lot 560-566) within the Tentative Tract Map. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 77 141. Planning Area 513 Park Construction. Prior to issuance of the 250111 building permit within the Specific Plan, the park designated as Planning Area 5B (OS Lots 560-566) shall be constructed and open to the public. 142. Planning Area 10 Conceptual Drainage/Linear Plans. Prior to the issuance of the 100th Building Permit within the Tentative Tract Map, a minor plot plan application shall be submitted to and approved by the Community Services Department and/or Community Development Department showing the conceptual park plans for Planning Area 10 (OS Lots 562) within the Tentative Tract Map. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (including, but not limited to gazeboes, tot lots, picnic areas, lighting, decomposed granite trails, etc. as shown in the Specific Plan); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 143. Planning Area 10 Working/Construction Park Plans. Prior to the issuance of the 1501h Building Permit within the Tentative Tract Map, working/construction park plans shall be submitted to and approved by the Community Services Department and/or Engineering and Public Works Department for the park within Planning Area 10 (OS Lot 562) within the Tentative Tract Map. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 144. Planning Area 10 Park Construction. Prior to issuance of the 250th building permit within the Specific Plan, the park designated as Planning Area 10 (OS Lots 562) shall be constructed and open to the public. 145. Planning Area 4A Conceptual Park Plans. Prior to the issuance of the 250th Building Permit within the Tentative Tract Map, a minor plot plan application shall be submitted to and approved by the Community Services Department and/or Community Development Department showing the conceptual park plans for Planning Area 4A (OS Lots 569) within the Tentative Tract Map. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (including, but not limited to gazeboes, tot lots, picnic areas, lighting, decomposed granite trails, etc. as shown in the Specific Plan); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. This requirement may be superseded by a Park Development Agreement. 146. Planning Area 4A Working/Construction Park Plans. Prior to the issuance of the 300th Building Permit within the Tentative Tract Map, working/construction park plans shall be submitted to and approved by the Community Services Department and/or Engineering and Public Works 78 Department for the park within Planning Area 4A (OS Lot 569) within the Tentative Tract Map. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 147. Planning Area 4A Park Construction. Prior to issuance of the 400th building permit within the Specific Plan, the park designated as Planning Area 4A (OS Lots 569) shall be constructed and open to the public. 148. Planning Area 4B Conceptual Park Plans. Prior to the issuance of the 250th Building Permit within the Tentative Tract Map, a minor plot plan application shall be submitted to and approved by the Community Services Department and/or Community Development Department showing the conceptual park plans for Planning Area 4B (OS Lots 567, 568 and 570) within the Tentative Tract Map. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (including, but not limited to gazeboes, tot lots, picnic areas, lighting, decomposed granite trails, etc. as shown in the Specific Plan); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. This requirement may be superseded by a Park Development Agreement. 149. Planning Area 5A Working/Construction Park Plans. Prior to the issuance of the 300th Building Permit within the Tentative Tract Map, working/construction park plans shall be submitted to and approved by the Community Services Department and/or Engineering and Public Works Department for the park within Planning Area 4B (OS Lots 567, 568 and 570) within the Tentative Tract Map. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 150. Planning Area 4B Park Construction. Prior to issuance of the 400th building permit within the Specific Plan, the park designated as Planning Area 4B (OS Lots 567, 568 and 570) shall be constructed and open to the public 151. Planning Area 9 Conceptual Park Plans. Prior to the issuance of the 250th Building Permit within the Tentative Tract Map, a minor plot plan application shall be submitted to and approved by the Community Services Department and/or Community Development Department showing the conceptual park plans for Planning Area 9 (OS Lots 572-573) within the Tentative Tract Map. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (including, but not limited to gazeboes, tot lots, picnic areas, lighting, decomposed granite trails, etc. as shown in the Specific Plan); turf and planter layout; tree locations; and plant palette. The plans shall be approved by The City or other entity acceptable to the City of Menifee. This requirement may be superseded by a Park Development Agreement. 79 152. Planning Area 9 Working/Construction Park Plans. Prior to the issuance of the 300th Building Permit within the Tentative Tract Map, working/construction park plans shall be submitted to and approved by the Community Services Department and/or Engineering and Public Works Department for the park within Planning Area 9 (OS Lots 572-573) within the Tentative Tract Map. The plans shall be approved by The City or other entity acceptable to the City of Menifee. 153. Planning Area 9 Park Construction. Prior to issuance of the 450th building permit within the Specific Plan, the park designated as Planning Area 9 (OS Lots 572-573) shall be constructed and open to the public. 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) 80