Loading...
PC16-225 EXHIBIT “1” Conditions of Approval for Tentative Parcel Map No. 2013-2015 (Tentative Parcel Map No. 36637) for a Residential Subdivision of 4.55 acres into 4 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 2 Section I: Conditions Applicable to all Departments 3 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Parcel Map No. 2013-205 (Tentative Parcel Map No. 36637) 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 Parcel Map No. 2013-205 (Tentative Parcel Map No. 36637), dated April 20, 2016. FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. 2. Project Description. Tentative Parcel Map No. 2013-205 (PM 36637) proposes a Schedule “H” subdivision of 4.55 gross acres into four (4) residential parcels with a minimum lot size of one (1) acre. The property contains one (1) 3,883 sq. ft. existing dwelling and one (1) 2,300 sq. ft. detached accessory structure approved by the County of Riverside (Permit No. BXX051052). 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. 4 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 City of Menifee Planning Commission’s original approval date, unless extended as provided pursuant to the, Subdivision Map Act, Ordinance No. 460 or subsequent ordinance adopted by the City. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires before the recordation of the final phase, no further FINAL MAP recordation shall be permitted. 5 Section II: Community Development Department Conditions of Approval 6 General Conditions 7. Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule A, unless modified by the conditions listed herein. 8. No Offsite Subdivision Signage. No offsite subdivision signs advertising this land division/development are permitted, other than those allowed under Ordinance No. 679.4. Violation of this condition of approval may result in no further permits of any type being issued for this subdivision until the unpermitted signage is removed. 9. Design Guidelines. The land divider shall comply with the Countywide Design Standards and Guidelines. 10. Project Development Standards. The Tentative Parcel Map is zoned Light Agriculture – 1 Acre Minimum (A-1-1). Accordingly, this project is subject to the development standards contained in the A-1-1 zone. This project is subject to these development standards: a. Lots created by this map shall conform to the design standards of the A- 1-1 zone. b. The front yard setback is 20 feet. c. The side yard setback is 5 feet. d. The rear yard setback is 10 feet, except where a rear yard abuts a street, then the setback shall be the same as the front yard setback, in accordance with Section 21.77 of Ordinance No. 348. e. The minimum average width of each lot is 100 feet. f. The minimum average depth of each lot is 150 feet. g. One family residences shall not exceed 40 feet. No other building or structure shall exceed 50 feet in height. h. The minimum parcel size is one (1) gross acre. (Note that the General Plan land use designation allows for a minimum parcel size of one [1] gross acre, as well.) i. Residential driveway approaches shall be a minimum of 12 feet and a maximum of 30 feet in width and total maximum drive approach width shall not exceed 40% of total lot frontage, and 22 feet of full height curb is required between driveways within any one property frontage, in accordance with Ord. No. 461, Standard No. 205 and 206. EXCEPT AS ALLOWED BY ORDINANCE NO. 348, AND THE COUNTYWIDE DESIGN STANDARDS AND GUIDELINES, THERE SHALL BE NO ENCROACHMENT INTO ANY SETBACK. 11. 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. 12. Off-Highway Vehicle Use. No off-highway vehicle use shall be allowed on any parcel located within the boundaries of this land division map. 7 FEES 13. 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 14. 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. 15. 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. 8 iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account 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.” 16. 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. 9 6) Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. Prior to Final Map 17. 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. 18. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 19. Surveyor Checklist. The City Engineering Department - Survey Division shall review any FINAL MAP and ensure compliance with the following: a) All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. b) All lots on the FINAL MAP shall have a minimum lot size of one (1) acre (gross). c) All lot sizes and dimensions on the FINAL MAP shall be in conformance with the development standards of the Light Agriculture – 1 Acre Minimum (A-1-1) zone. d) All lots on the FINAL MAP shall comply with the length-to-width ratios, as established by Section 3.8.C. of County Ordinance No. 460. 20. 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 10 this map is on file at the City of Menifee Public Works and Engineering Department, in E.C.S Book ___, Page ___. 21. 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.” FEES 22. Fees. Prior to recordation, the Community Development Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the developer/owner and/or the developer/owner's successor-in-interest. Prior to Issuance of Grading Permits 23. Grading Plan Review. The land divider/permit holder shall cause a plan check application for a grading plan to be submitted to the City Engineering/Public Works Department for review and approval. 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. 24. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permittee shall comply with the provisions of 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 Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 4.55 acres (gross) in accordance with APPROVED EXHIBIT A. 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 Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should 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. 25. 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. 26. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction 11 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; l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed fifteen (15) miles per hour over a thirty (30) minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; 12 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. Prior to Issuance of Building Permit 27. 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. Building and Safety will require the following items: 1. Plans shall be designed to the provisions of the latest edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes as adopted by the City of Menifee. 2. Three (3) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. 3. Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel, cross and directional slope percentages, site accessibility features and details. 4. All exterior lighting shall comply with Ordinance 2009-24, “Dark Sky Ordinance”. 5. All exterior lighting shall fall within current commercial standards. 6. Separate plan submittal will be required to Riverside County Fire along with a formal transmittal issued by Building and Safety. 28. Dark Sky Ordinance. All outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the City of Menifee Ordinance No. 2009-024 and the General Plan. 13 29. 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. 30. Utilities Underground. All utility extensions within a lot shall be placed underground. 31. Building Separation. Building separation between all buildings shall not be less than ten (10) feet. Additional encroachments are only allowed as permitted by Ordinance No. 348. 32. 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. FEES 33. Quimby Fees. Payment of in-lieu fees. The proposed subdivision will fulfill Quimby obligations through the payment of in-lieu fees. 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. 34. 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. 35. Romoland School District. Impacts to the Romoland School District shall be mitigated in accordance with California State law. 36. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. Prior to Final Inspection 37. Access to Existing Detached Accessory Structure. The current property owner operates a nursery from the subject site. The owner wishes to have the option to continue to operate the nursery after the site is parcelized, until the lots are sold. A wholesale nursery is a use allowed by right under the current zoning of the property, which is Light Agriculture – 1 Acre Minimum (A-1-1). To ensure adequate access to the nursery once the property is parcelized the Applicant shall ensure compliance with the following condition: Prior to release of occupancy for any dwelling unit on Lot 2 or 3, adequate access to the 2,300 sq. ft. detached accessory structure (approved by County of Riverside under Permit No. BXX051052) per Fire Department standards shall be installed. If it is necessary to utilize the existing driveway off of Watson Road to access the detached structure (such as if Lot 2 develops while Lot 3 remains vacant), prior to release of final occupancy, a reciprocal access 14 agreement shall be recorded for Lot 3 to utilize the existing driveway access through the nursery to the detached structure. FEES 38. Quimby Fees. Quimby fees shall be paid directly to the City prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The amount of Quimby fees paid shall be consistent with the amount determined by the City Manager, or their designee, prior to issuance of a building permit. 39. DIF Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 40. 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. 41. 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. 15 Section III: Public Works/Engineering Conditions of Approval 16 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: 42. The development shall comply with the State of California Subdivision Map Act and all applicable City ordinances and resolutions. 43. If off-site right-of-way or easements are required for the City master plan facilities to comply with these conditions of approval, the developer is required to secure such right-of-way or easements at no cost to the City. In the event that the developer requires the City’s assistance to condemn said right-of-way or easements, the developer shall enter into an agreement with the City for the acquisition of said right-of -way or easements pursuant to Government Code Section 66462.5, and pay any and all costs, as determined by the City, associated with the condemnation process. 44. Two copies of a recent Title Report (within 90 days) will be required upon first submittal. PRIOR TO FINAL MAP RECORDATION: 45. The applicant shall demonstrate to the satisfaction of the Public Works Director that the proposed development will not unreasonably interfere with the use of any easement holder of the property. 46. The submitted tentative parcel map shall correctly show all existing easements, traveled ways, and drainage courses. Any omission or misrepresentation of these documents may require said tentative parcel map to be resubmitted for further consideration. 47. Dedication of access / maintenance easement. The possibility of entering into a maintenance agreement may be required. 48. Bond Agreements and Improvement Security – Prior to recordation of any map, the developer/property owner shall post bonds or security in forms acceptable to the City, guaranteeing the construction of all required grading and improvements required with the final map. The security shall be in accordance with applicable City policies and ordinances, and as determined by the Public Works Director/City Engineer. The required improvements prior to final map are as required in these conditions of approval. B. WATER IMPROVEMENTS: 17 49. The following utility improvements shall be designed per the Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD. PRIOR TO FINAL MAP RECORDATION AND ISSUANCE OF BUILDING PERMIT: 50. Offsite Water Improvements – All improvements shall be guaranteed for construction prior to recordation of the associated final map, and shall be completed for construction prior to issuance of a building permit in any map recordation. C. STREET IMPROVEMENTS: 51. All required offsite and onsite street improvements shall be designed per City standards and specifications, and shall be subject to the approval of the PW Director. 52. Offsite Public Street Lights Ownership and Maintenance – All proposed public street lights shall be designed in accordance with City approved standards and specifications, as determined and approved by the PW Director. The City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and therefore shall be provided with adequate service points for power. The design shall be incorporated in the project’s street improvement plans or in a separate street light plan as determined and approved by the PW Director. 53. Public Street Light Service Point Addressing – The developer shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to public street light service points. These service points shall also be owned by the City and shall be located within the public right of way or within duly dedicated public easements. PRIOR TO FINAL MAP RECORDATION AND ISSUANCE OF BUILDING PERMIT: 54. Offsite Street Dedications and Improvements – The following onsite street improvements shall be guaranteed for construction prior to recordation of a final map, and shall be completed for construction prior to issuance of any building permit within the frontage of each parcel associated with the final map. The improvements shall include, but not limited to, ac pavement, curb & gutter, sidewalk, landscaping, streetlights, and wet & dry utilities. The following streets shall be improved per these conditions of approval, and current applicable City Standards:  Watson Road  Palomar Road Appropriate ROW dedications shall be granted to the City on Watson Road and Palomar Road to meet the current GP designations for these roads, and SP designations if currently within an adopted City of Menifee Specific Plan. 18 D. GRADING 55. All grading shall conform to the latest adopted edition of the California Building Code, the City adopted Riverside County Ordinance 457, applicable City design standards and specifications, other City ordinances, policies, rules and regulations governing grading in the City. 56. Geotechnical/Soils Reports. Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the PW Engineering Department for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by PW Engineering Department.* *The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS. 57. Precise Grading Improvements – All individual parcel precise grading shall be submitted as individual parcel plans. 58. Grading Permit for Clearing and Grubbing - Ordinance 457 requires a grading permit prior to clearing, grubbing, or any top soil disturbances related to construction grading activities. 59. Compliance with NPDES General Construction Permit – The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the Storm Water Resource Control Board (SWRCB). Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval. For additional information on how to obtain a GCP, contact the SWRCB. 60. Storm Water Pollution Prevention Plan (SWPPP) - Prior to approval of a grading plan, the developer/property owner shall comply with the Federal Clean Water Act and prepare a Storm W ater Pollution Prevention Plan (SWPPP) for the development. A copy of the SWPPP shall be made available at the construction site at all times during construction. 61. SWPPP for Inactive Sites. The developer/property owner shall be responsible for ensuring that any graded area left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development. 19 E. DRAINAGE 62. All offsite and onsite storm drainage improvements shall be designed per City standards and specifications, and shall be subject to the approval of the PW Director. PRIOR TO FINAL MAP RECORDATION AND ISSUANCE OF BUILDING PERMIT: 63. Offsite and Onsite Drainage Improvements – All drainage facilities required by the approved drainage study, and reflected on the approved improvement plans shall be guaranteed for construction prior to any final map recordation, and shall be completed for construction prior to issuance of any building permit. These storm drainage improvements include those on Watson Road and Palomar Road. These improvements shall be subject to the review and approval of the PW Director. 64. Homeland/Romoland Area Drainage Plan Fees – The site is located within the boundaries of the Homeland/Romoland Area Drainage Plan, Line B Sub- watershed for which drainage fees have been established by the Riverside County Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for the Administration of Area Drainage Plans) prior to building permits for this project. The fee due will be based on the fee currently in effect at time of payment. 65. Homeland/Romoland Area Drainage Plan (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 County Ordinance 460 and Section 66483, et seq, of the Government Code and that said property is subject to fees for said drainage area. Upon incorporation, the City adopted County Ordinance 460 and the project is therefore subject to all provisions of this ordinance. 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 at the time of issuance of the grading or building permit for said parcels, whichever occurs first and that the owner of each parcel shall pay the fee required at the rate in effect at the time of issuance of the actual permit. F. 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. The following conditions are based on the assumption that the project has an approved PRELIMINARY WQMP for the entire site, prior to Planning Commission hearing. 20 PRIOR TO ISSUANCE OF GRADING PERMIT: 66. Final Project Specific Water Quality Management Plan (Final WQMP) – Prior to issuance of any grading permit, a FINAL project specific WQMP, in substantial conformance with a previously City approved Preliminary project specific 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 hard copy of the approved FINAL WQMP, and two electronic copies in CD- pdf format shall be submitted to the Public Works Engineering Department. 67. WQMP Maintenance and Right of Entry Agreement – Prior to, or concurrent with the approval of the FINAL WQMP, the developer/project owner shall record and enter into an acceptable maintenance and right of entry agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. The following reports/studies shall include, but not limited to the following: a. Hydrology/hydraulics report b. Soils Report that includes soil infiltration capacity c. Limited Phase II Environmental Site Assessment Report as maybe required by an approved Phase I study. 68. Amended WQMPs– Prior to issuance of a grading permit, the FINAL WQMP may be amended without substantial deviation from the PRELIMINARY WQMP and the amendment to the FINAL WQMP shall be reviewed and approved by the PW Director. The developer shall pay for applicable costs required to review each WQMP amendment based a deposit charge account. 69. WQMP Maintenance and Right of Entry Agreement for Amended WQMP – Prior to, or concurrent with the approval of any amendment to the FINAL WQMP, the developer/project owner for each amended WQMP shall enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP and any amendments. The following reports/studies maybe required to support the approval of any amendment to a FINAL WQMP: a. Hydrology/hydraulics report b. Soils Report that includes soil infiltration capacity c. Limited Phase II Environmental Site Assessment Report as maybe required by a City approved Phase I study. PRIOR TO ISSUANCE OF BUILDING PERMIT: 70. SWRCB, Trash Amendments. The State Water Resources Control Board, Resolution adopted an amendment to the Water Quality Control Plan for ocean waters of California to control trash, and Part 1 Trash Provisions of the Water Quality Control Plan for inland surface waters, enclosed bays, and estuaries of 21 California. Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined as within Priority Land Uses as defined in the amendment, shall provide full trash capture devices in all new catch basins and existing catch basins to which this development will be tributary to. Devices shall meet the requirement of the new Trash Amendment. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 71. 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 District's (District) NPDES Section by either the District's website at www.floodcontrol.co.riverside.ca.us, or by calling the District’s office directly. 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 72. Implement WQMP. All structural BMPs described in the project-specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is tributary to are completed and operational. 73. 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. 74. BMP Maintenance and 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 22 copy of the CC&R's shall be submitted to the PW Engineering Department for review and approval. G. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT The Project is required to annex into the City of Menifee Community Facilities District (CFD) 2015-2 (Services). PRIOR TO FINAL MAP RECORDATION 75. Annexation to the Citywide Community Facilities District (citywide CFD). Prior to, or concurrent with the recordation of a final map, the developer/property owner shall complete the annexation of all properties within the boundaries of PM 36637, into the City of Menifee Citywide Community Facilities District 2015-2. The citywide CFD shall be responsible for the maintenance of public improvements or facilities that benefit this development, and dedicated to the City for CFD maintenance. These shall include but not limited to, public landscaping, streetlights, traffic signals, street maintenance, drainage facilities, and other public improvements or facilities as approved by the Public Works Director/City Engineer. 76. CFD Annexation Agreement - In the event timing for this development’s schedule prevents the developer/property owner from complying with the CFD annexation condition of approval, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after any final map recordation but prior to issuance of any building permit. 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. H. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 77. Fees and Deposits – Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. 23 Section IV: Riverside County Fire Department Conditions of Approval 24 General Conditions 78. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The building case number is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886. 79. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided In accordance with Riverside County Ordinances and /or recognized fire protection standards: 80. 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. 81. Hydrant/Spacing. Schedule H fire protection. An approved standard fire hydrant (6"x4"x2 1/2") shall be located within 600 feet of any portion of the lot frontage as measured along approved vehicular travel way. Minimum fire flow shall be 1000 GPM for 2 hour duration at 20 PSI. Prior to Final Map 82. ECS – Water Prior to Combustibles. ECS map must be stamped by Riverside County Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. 83. ECS – Hydrant Requirement. ECS map must be stamped by the Riverside County Surveyor with the following note: Should the applicant or developer choose to defer the fire protection requirements, an Environmental Constraint Sheet shall be filed with the final map containing the following: Prior to the issuance of a building permit, the applicant or developer shall provide written certification from the water company that a standard fire hydrant(s) (6"x4"x2 1/2") exist, within 600' of any portion of the lot frontage as measured along approved vehicular travel ways; or that financial arrangements have been made to provide hydrant(s). Prior to Issuance of Building Permit 84. Hydrant System. Prior to the release of your installation, site prep and/or building permits from Building and Safety, written certification shall be provided from the appropriate water district that the required fire hydrant(s) are either 25 existing or that financial arrangements have been made to provide them. Also, a map or APN page showing the location of the fire hydrant and access to the property shall be provided. Prior to Final Inspection 85. Verification Inspection. Prior to occupying the residence, the applicant/property owner shall contact the Riverside County Fire Department to schedule an inspection for the items that were shown at building permit issuance: access, addressing, water system, and/or fuel modification. 86. Residential Fire Sprinklers. Residential fire sprinklers are required in all one and two family dwellings per the California Residential code, California Building Code and the California Fire Code. Install Fire Sprinkler Systems per NFPA 13D, 2013 Edition. Plans must be submitted to the Fire Dept. for review and approval prior to installation. If any of the conditions are unclear, difficult to understand, or you would like to setup a meeting please feel free to contact me at (951) 955-4777 so that I can better assist you in the approval of this project. 26 Section V: Riverside County Environmental Health Conditions of Approval 27 General Conditions 87. 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. The existing residence on lot 4 is served by an existing on-site wastewater treatment system (OWTS). If this system is in disrepair or needs to be upgraded in any manner due to renovations and sewer is available, then it will be required to connect to sewer. This must be done under permit with the County of Riverside Department of Environmental Health. 88. Retention Basins. Any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisance. 89. Environmental Cleanup Programs (RCDEH-ECP). If contamination or the presence of a naturally occurring hazardous material is discovered at the site, assessment, investigation, and/or cleanup may be required. Contact Riverside County Department of Environmental Health – Environmental Cleanup Programs at (951) 955-8980 for further information. 90. Noise Controls. The developer shall comply with the recommendations of the Noise Impact Analysis. The Noise Impact Analysis was prepared by P.A. Penardi and Associates for this project (PM 2013-205) and is entitled “Acoustical Analysis of Tentative Parcel Map 36637 in Menifee dated Septembe 22, 2014”. Based on the finding of the Department of Environmental Health, Office of Industrial Hygiene, the following recommendations shall be implemented to provide sufficient attenuation to reduce the exterior noise levels to below 65 dB (A) 10 minute Leq during the day and 45 dB (A) 10 minute Leq at night for sensitive receivers. The Applicant shall submit the legally binding contract with the Project Contractor to the Community Development Department for review and approval. The contract shall specify these requirements. Alternatively, these requirements may be listed as notes on the grading plans and/or building plans. a. No barriers are required for lots along Watson Road, because of the size of the lots. When lots are one acre or larger in size, the County of Riverside only requires mitigation of a 600 sq. ft. portion of the lot which may be chosen at the discretion of the developer. These areas need to be designated on the Parcel Map. b. Any construction within the City located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:00 a.m. to 6:00 p.m. June through September and 7:00 a.m. to 6:00 p.m. October through May. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. All construction vehicle equipment fixed or mobile shall be equipped with properly operating and maintained mufflers. During construction, best efforts will be made to locate 28 stockpiling and/or vehicle staging areas as far as practical form existing residential dwellings. c. All construction vehicles, equipment fixed or mobile shall be equipped with properly operating and maintained mufflers. d. During construction, best efforts should be made to locate stockpiling and/or vehicle staging area as far as practicable from existing residential dwellings to the site. e. To minimize nocturnal noise intrusion, it is recommended that outgoing flatbed trailer loading occur the day/evening before job-site delivery, and that the loaded trailer be parked near the driveway. This will reduce the duration of equipment pick-up activity noise and maximize the distance separation to the closest homes. f. No music or electronically reinforced speech from construction workers shall be audible at noise-sensitive property. Prior to Final Map 91. 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. 92. Financial Arrangements. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 93. 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. 94. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. 29 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)