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
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Section I:
Conditions Applicable to all
Departments
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General Conditions
1. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative 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.
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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.
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Section II:
Community Development
Department
Conditions of Approval
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General Conditions
7. Map Act Compliance. This land division shall comply with the State of
California Subdivision Map Act and to all requirements of Ordinance No. 460,
Schedule A, unless modified by the conditions listed herein.
8. No Offsite Subdivision Signage. No offsite subdivision signs advertising this
land division/development are permitted, other than those allowed under
Ordinance No. 679.4. Violation of this condition of approval may result in no
further permits of any type being issued for this subdivision until the
unpermitted signage is removed.
9. Design 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.
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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.
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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.
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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
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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
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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;
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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.
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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
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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.
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Section III: Public
Works/Engineering Conditions of
Approval
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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:
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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.
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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.
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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.
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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
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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
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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.
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Section IV:
Riverside County Fire Department
Conditions of Approval
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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
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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.
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Section V:
Riverside County Environmental
Health Conditions of Approval
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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
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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.
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The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
_______________________________________________ ___________________
Signed Date
_______________________________________________ ___________________
Name (please print) Title (please print)