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PC16-273 EXHIBIT “1” Conditions of Approval for Tentative Tract Map No. 31822 (per Extension of Time No. 2015-200) for a Residential Subdivision of 104 acres into 301 Single-Family Residential Lots Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Community Services Department Conditions of Approval Section IV: Public Works and Engineering Conditions of Approval Section V: Riverside County Fire Department Conditions of Approval Section VI: Riverside County Environmental Health Conditions of Approval Section VII: Riverside County Environmental Programs Department Conditions of Approval Section I: Conditions Applicable to all Departments 2 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 31822 shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Permittee of this project. TENTATIVE MAP = Tentative Tract Map No. 31822, dated November 1, 2005. SPECIFIC PLAN = Specific Plan No. 209, Amendment No. 5 CHANGE OF ZONE = Change of Zone No. 6616 GPA = Comprehensive General Plan Amendment No. 581 FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. 2. Project Description. TENTATIVE TRACT MAP NO. 31822 proposes to subdivide 104 acres into 301 single-family residential lots with minimum lot sizes of 5,000, 6,000, and 7,200 square feet, 22 open space lots for slopes and side yard landscaping, one 17.64-acre school site, and a 7.71-acre recreation area and linear park. A collector road (Street A) will provide internal backbone circulation connecting Goetz Road. The Tentative Tract Map implements the Audie Murphy Ranch Specific Plan No. 209, Amendment No. 5, adopted by the City of Menifee on June 4, 2014. Tentative Tract Map No. 31822 shall cause development of Planning Areas 4 through 8, 40E, and 42 of the Specific Plan. 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 3 and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. The developer understands and agrees to pay such fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. 6. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan (incorporated within these Conditions of Approval). 7. Expiration Date. The Board of Supervisors approval date of the original tentative map occurred on October 26, 2005 (10/26/2005). The conditionally approved TENTATIVE MAP shall expire three (3) years after the Riverside County Board of Supervisor’s original approval date, unless extended as provided by Ordinance No. 460 or Subdivision Map Act. Action on a Minor Change and/or Revised Map request shall not extend the time limits of the originally approved TENTATIVE MAP. 4 Section II: Community Development Department Conditions of Approval 5 General Conditions 8. 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. 9. Offsite Signs Ordinance No. 679.4. 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. 10. No Offsite Signage. There shall be no offsite signage associated with this land division, except as otherwise provided by Ordinance No. 679.3 (Kiosk Program. 11. Design Guidelines. The land divider shall comply with the Design Guidelines of the Audie Murphy Ranch Specific Plan Amendment No. 5. 12. Minor Plot Plans Required. For each of the below listed items, a minor plot plan application shall be submitted and approved by the Community Development Department pursuant to Section 18.30.a. (1) of County Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department) along with the current fee. 1) Final Site Development Plan for each phase of development. 2) Model Home Complex Plan shall be filed and approved for each phase if models change between phases. A final site of development plot plan must be approved prior to approval, or concurrent with a Model Home Complex Plan. 3) Landscaping Plan for typical front yard/slopes/open space/parks. These three plans may be applied for separately for the whole tract or for phases. 4) Landscaping plans fully within the road right-of-way shall be submitted to the Engineering Department only. 5) Each phase shall have a separate wall and fencing plan. 6) Entry monument plan. NOTE: The requirements of the above plot plans may be accomplished as one, or, any combination of multiple plot plans required by these conditions of approval. 13. Residential Development Standards. PA 4 - 5 (Ordinance No. 348.4146 Section 2.a) The design standards for PA 4 & 5 are as follows: 6 a. Lots created by this map shall conform to the design standards of the SP zone. b. The front yard setback is twenty feet (20'). c. The side yard setback is three feet (3'). (Side yards on interior and through lots shall be not less than ten percent of the width of the lot, but not less than three feet in width in any event, and need not exceed a width of five feet) Interior side yards by be reduced to accommodate zero lot line situations, except that, in no case, shall the reduction in side yard areas reduce the separation between structures to less than ten feet (10'). d. The rear yard setback is twenty feet (20'), 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 that portion of a lot to be used as a building site shall be sixty feet (60') with a minimum average depth of one hundred feet (100'). f. The maximum height of any building is forty feet (40'; 3 stories). g. The minimum parcel size is 7,000 sq. ft. h. No more than 50% of the lot shall be covered by structure. (In no case shall more than fifty percent (50%) of any lot be covered by buildings or structures that are single-story and no more than forty-five (45%) of any lot be covered by buildings or structures that are two-story.) i. Residential driveway approaches shall be a minimum of twelve feet (12') and a maximum of thirty feet (30') in width, and twenty feet (20') of full height curb is required between driveways within any one property frontage, in accordance with Ord. No. 41, Standard No. 207. PA 6 (Ordinance No. 348.4146 Section 2.c) The design standards for PA 6 are as follows: a. Lots created by this map shall conform to the design standards of the SP zone. b. The front yard setback is fifteen feet (15'). (The front yard shall not be less than fifteen feet (15') measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer to the proposed structure. Alternatively, the front yard setback for side loaded garages shall not be less than ten feet (10').) c. The side yard setback is three feet (3'). Side yards on interior and through lots shall be not less than five feet (5') in width. Side yards on corner or reversed corner lots shall be not less than ten feet (10') from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main buildings sides, except that where the lot is less than fifty feet (50') wide, the yard need not exceed twenty percent (20%) of the width of the lot. Interior side yards may be reduced to accommodate zero lot line situations, except that, in no case shall the reduction in side yard areas reduce the required separation between primary detached structures to less than ten feet (10'). d. The rear yard setback is ten feet (10'), 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. 7 e. The minimum average width of that portion of the lot to be used as a building site shall be fifty feet (50') with a minimum average depth of ninety feet (90'). f. The maximum height of any building is forty feet (40'; 3 stories). g. The minimum parcel size is 6,000 sq. ft. h. No more than 50% of the lot shall be covered by structure. (In no case shall more than fifty percent (50%) of any lot be covered by buildings or structures that are single-story and no more than forty-five (45%) of any lot be covered by buildings or structures that are two-story.) i. Residential driveway approaches shall be a minimum of twelve feet (12') and a maximum of thirty feet (30') in width, and twenty feet (20') of full height curb is required between driveways within any one property frontage, in accordance with Ord. No. 41, Standard No. 207. PA 7 (Ordinance No. 348.4146 Section 2.d) The design standards for PA 7 are as follows: a. Lots created by this map shall conform to the design standards of the SP zone. b. The front yard setback is fifteen feet (15'). (The front yard shall not be less than fifteen feet (15') measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer to the proposed structure. Alternatively, the front yard setback for side loaded garages shall not be less than ten feet (10').) c. The side yard setback is three feet (3'). Side yards on interior and through lots shall be not less than five feet (5') in width. Side yards on corner or reversed corner lots shall be not less than ten feet (10') from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main buildings sides, except that where the lot is less than fifty feet (50') wide, the yard need not exceed twenty percent (20%) of the width of the lot. Interior side yards may be reduced to accommodate zero lot line situations, except that, in no case shall the reduction in side yard areas reduce the required separation between primary detached structures to less than ten feet (10'). d. The rear yard setback is 10 feet (10'), 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 that portion of the lot to be used as a building site shall be fifty feet (50') with a minimum average depth of ninety feet (90'). f. The maximum height of any building is forty feet (40'; 3 stories). g. The minimum parcel size is 6000 sq ft. h. No more than 50% of the lot shall be covered by structure. (In no case shall more than fifty percent (50%) of any lot be covered by buildings or structures that are single-story and no more than forty-five (45%) of any lot be covered by buildings or structures that are two-story.) i. Residential driveway approaches shall be a minimum of twelve feet (12') and a maximum of thirty feet (30') in width, and twenty feet (20') of full height curb is required between driveways within any one property frontage, in accordance with Ord. No. 41, Standard No. 207. 8 PA 8 (Ordinance No. 348.4146 Section 2.e) The design standards for PA 8 are as follows: a. Lots created by this map shall conform to the design standards of the SP zone. b. The front yard setback is fifteen feet (15'). (The front yard shall not be less than fifteen feet (15') measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer to the proposed structure.) c. The side yard setback is three feet (3'). Side yards on interior and through lots shall be not less than five feet (5') in width. Side yards on corner or reversed corner lots shall be not less than ten feet (10') from the existing street line or from any future street line as shown on any specif ic plan of highways, whichever is nearer the proposed structure, upon which the main buildings sides, except that where the lot is less than fifty feet (50') wide, the yard need not exceed twenty percent (20%) of the width of the lot. Interior side yards may be reduced to accommodate zero lot line situations, except that, in no case shall the reduction in side yard areas reduce the required separation between primary detached structures to less than ten feet (10'). d. The rear yard setback is ten feet (10'), 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 that portion of the lot to be used as a building site shall be fifty feet (50') with a minimum average depth of ninety feet (90'). f. The maximum height of any building is forty feet (40'; 3 stories). g. The minimum parcel size is 5000 sqft. h. No more than 50% of the lot shall be covered by structure. (In no case shall more than fifty percent (50%) of any lot be covered by buildings or structures that are single-story and no more than forty-five (45%) of any lot be covered by buildings or structures that are two-story.) i. Residential driveway approaches shall be a minimum of twelve feet (12') and a maximum of thirty feet (30') in width, and twenty feet (20') of full height curb is required between driveways within any one property frontage, in accordance with Ord. No. 41, Standard No. 207. All other design standards shall be in accordance with the SPECIFIC PLAN. EXCEPT AS ALLOWED BY ORDINANCE NO. 348, THERE SHALL BE NO ENCROACHMENT INTO THE SETBACK. 14. Construction Hours. Any construction within the City located within one- fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:00 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. 9 15. GEO No. 1473. County Geologic Report (GEO) No. 1473, submitted for this project (TR31822), was prepared by Eberhart/United Consultants and is entitled: "Geotechnical Investigation, Audie Murphy Ranch, Tentative Tract 31822, Riverside County, California", dated February 25, 2005. In addition, Eberhart/United submitted "Response to Seismic/Geologic/Geotechnical Report Review, County Geologic Report No. 1473, Tentative Tract 31822, Audie Murphy Ranch Specific Plan", dated July 6, 2005. This document is herein incorporated as a part of GEO No. 1473. GEO No. 1473 concluded: 1. No known active faults cross the subject property. The possibility of on- site ground rupture due to fault displacement during an earthquake is considered remote. 2. No known landsliding exists on the subject property. Considering the density, strength, and the favorable inclination of the metamorphic rock underlying the slopes, the natural slopes should not be susceptible to landsliding. 3. Over-excavation of unsuitable soils will likely be difficult in areas where groundwater is shallow. 4. The subject property has experienced strong ground shaking from earthquakes that have occurred in the southern California region and will likely experience strong ground shaking in the future. 5. The possibility of on-site earthquake induced slope failures or rock falls is considered remote. 6. Within the tract, no areas of potential liquefaction are present. All of the tentative tracts within the Audie Murphy Ranch Specific Plan were designed to avoid the liquefaction potential areas. Liquefaction potential areas are limited to portion of the young alluvial valley deposits of Salt Creek. 7. The proposed cut slopes should be grossly stable for both static and seismic conditions, and surficially stable. All foliation attitudes within the metasedimentary rocks are anticipated to be favorably oriented with respect to the proposed cut slopes. The granitic rock within proposed cut slopes is anticipated to be massive. 8. Locally, unfavorably oriented joints may occur within cut slopes at the rear of lots 159, 161, 262, 263, 278, 279 and 293. Should this condition occur, the slopes could be stabilized by means of rock bolting or replacement as stabilization fills. Buttressing is not anticipated to be necessary. 9. The proposed fill slopes should be grossly stable for both static and seismic conditions. GEO No. 1473 recommended: 10 1. All surficial units consisting of artificial fill, topsoil, young alluvial valley deposits, and the upper portion of the old alluvial fan deposits are considered unsuitable for support of the proposed fills and future improvements and therefore, should be over-excavated to expose competent older alluvial fan deposits, very old alluvial fan deposits or bedrock. 2. All cut slopes will be mapped during grading by the engineering geologist to verify stability and provide remedial recommendations for stabilization of slopes if necessary. 3. Landscaping should be established upon completion of grading and erosion control measures such as jute matting should be place on the fill slopes until landscaping has been established. 4. Oversized rock greater than 12 inches in diameter should not be placed within 10 feet of finish grade and within 10 horizontal feet of finished slope face. GEO No. 1473 satisfies the requirement for a Liquefaction study for Planning/CEQA purposes. GEO No. 1473 is hereby accepted for Planning purposes. Engineering and other Uniform Building Code parameters where not included, as a part of this review or approval and this approval is not intended, and should not be misconstrued as approval for grading permit. Engineering and other building code parameters will be reviewed and additional comments and/or conditions may be imposed by the Engineering and/or Building and Safety Department upon application for grading and/or building permits. 16. Ordinance Requirements. The development of the property shall be in accordance with the mandatory requirements of all City of Menifee ordinances including Ordinance Nos. 348 and 460 and State law and shall conform substantially to the adopted Specific Plan as filed in the office of the City of Menifee Community Development Department, unless otherwise amended. 17. Ordinance Requirements. No portion of the SPECIFIC PLAN which purports or proposes to change, waive or modify any ordinance or other legal requirement for the development shall be considered to be part of the adopted Specific Plan or hillside development and grading shall apply in place of more general City guidelines and standards. 18. Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of City of Menifee Ordinance No. 460, Schedule A, unless modified by the conditions listed herein. 19. 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. 11 20. Solid Waste. The project has the potential to impact landfill capacity by generating solid waste that requires disposal during development and operation. The project proponent is encouraged to consider the following measures to help reduce the project's potential solid waste impacts and to help in the County's efforts to comply with State law in diverting solid waste from landfill disposal: - Green waste generated by the project should be kept separate from other waste types and either composted onsite or directed to local wood grinding and/or composting operations - The use of mulch and/or compost in the development and maintenance of landscape areas is recommended - Construction and demolition waste should be reduced and/or diverted from landfill disposal by the use of onsite grinders or by directing the materials to recycling facilities - Hazardous materials ARE NOT accepted at the Riverside County landfills. Any hazardous wastes, including paint, used during construction must be properly disposed of at a licensed facility in accordance with local, state and federal regulations. Please contact the Riverside County Health Department for further information. 21. No Off-Road Uses Allowed. Trail bikes, dune buggies, off-road vehicles and other similar powered apparatus shall not be operated for purposes such as, but not limited to, hill climbing, trail riding, scrambling, racing and riding exhibitions. FEES 22. 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 23. 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 12 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. 24. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity. 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.” 25. Inadvertent Paleontological Find. Should fossil remains be encountered during site development: 13 1) All site earthmoving shall be ceased in the area of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site. 2) The applicant shall retain a qualified paleontologist approved by the County of Riverside. 3) The paleontologist shall determine the significance of the encountered fossil remains. 4) Paleontological monitoring of earthmoving activities will continue thereafter on an as-needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level. 5) If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. 6) Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. LANDSCAPING 26. Landscaping. All plant materials within landscaped common areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the Community Development Department’s landscaping installed and inspected conditions. 14 27. Trail Maintenance. The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of any trail easement required under these conditions until such time as the maintenance is taken over by a Communities Facilities District or any other appropriate maintenance district. 28. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 29. Front and Side Yard Landscaping Maintenance Responsibility. The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is included within a separate common lot maintained by an HOA or other entity acceptable to the City of Menifee. 30. Landscape Maintenance. The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of a property owner’s association, or any other successor-in-interest. Prior to Final Map 31. Final Map Required. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the land divider shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department - Survey Division requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. 32. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 33. Surveyor Checklist. The City Engineering Department - Survey Division shall review any FINAL MAP and ensure compliance with the following: A. All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. B. All lots on the FINAL MAP shall have a minimum lot size of 5,000 sq. ft. (PA 8), 6,000 sq. ft. (PA 6), or 7,200 (PA 4 & 5). C. All lot sizes and dimensions on the FINAL MAP shall be in conformance with the development standards of the SP zone, and with the City of Menifee General Plan. 15 D. All lots on the FINAL MAP shall comply with the length to width ratios, as established by Section 3.8.C. of City of Menifee Ordinance No. 460. E. All knuckle or cul-de-sac lots shall have a minimum of 35 feet of frontage measured at the front lot line. F. The common open space areas shall be shown as a numbered lots on the FINAL MAP. 34. Trail Easement. Prior to or in conjunction with the recordation of the final map, the applicant shall offer for dedication to the City of Menifee an easement for trails purposes. This easement shall be as shown on the approved trails plan. 35. ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. A note shall be placed on the FINAL MAP “Environmental Constraint Sheet affecting this map is on file at the City of Menifee Public Works and Engineering Department, in E.C.S Book ___, Page ___. 36. ECS Note Biological. The following Environmental Constraints Note shall be placed on the ECS: "County Biological Report No. PD-B-2972 & 2728 were prepared for this property on 7/29/04 and 3/12/04 by Principe and associates and PCR Services Corp. and is on file at the County of Riverside Planning Department. Biological resources requiring protection include, but are not limited to, burrowing owl. The property is subject to biological resources restrictions based on the results of the report." 37. ECS Note Map Constraint. The following Environmental Constraints Note shall be placed on the ECS: "No permits allowing any grading, construction, or surface alterations shall be issued which effect the delineated constraint areas without further investigation and/or mitigation as directed by the County of Riverside Planning Department. This constraint affects lots as shown on the Environmental Constraints Sheet." 38. 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.” 39. Comply with Ordinance No. 457. The land divider shall provide proof to Community Development Department that all structures for human occupancy 16 presently existing and proposed for retention comply with Ordinance Nos. 457 and 348: 40. Common Area Maintenance. Any common areas identified in the TENTATIVE MAP shall be owned and maintained as follows: a. A permanent master maintenance organization shall be established for the tentative tract map area, to assume ownership and maintenance responsibility for all common recreation, open space, circulation systems and landscaped areas. These areas are anticipated to include: • Lots 148 to 156 and 158 to 166 of Tract Map No. 31822-F (as shown on the proposed Final Map); • Lots 91 to 92 and 96-100 of Tract Map No. 31822-2 (as shown on the proposed Final Map); and, • Lots 65 to 70 of Tract Map No. 31822-1 (as shown on the proposed Final Map). The organization may be public (anticipated to be CFD 2012-1) or private (e.g., homeowners’ association). Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for ownership and maintenance. If the organization is a private association, then neighborhood associations shall be established for each residential development, where required, and such associations may assume ownership and maintenance responsibility for neighborhood common areas. b. Unless otherwise provided for in these conditions of approval, common open areas shall be conveyed to the maintenance organization as implementing development is approved or any subdivision, as recorded. c. The maintenance organization shall be established prior to or concurrent with the recordation of the first land division. 41. Conditions, Covenants and Restrictions (Public Common Areas). If the permanent master maintenance organization referenced in the condition entitled "Common Area Maintenance" is a public organization, the applicant shall convey to the public organization (anticipated to be CFD 2012-1) fee simple title or public easement as determined by the City, to all common open space areas, free and clear of all liens, taxes, assessments, leases (recorded or unrecorded) and easement, except those easements which in the sole discretion of the public organization are acceptable. The common areas anticipated to be owned and maintained by a public organization include, but are not limited to parks, paseos, and expanded parkway landscaping. As a condition precedent to the public organization accepting title to such areas, the applicant shall submit the following documents to the City of Menifee Community Development Department for review along with the current fee, which shall be subject to the approval of that department and the City Attorney: 17 1. A signed and notarized declaration of covenants, conditions and restrictions; and, 2. A sample document, conveying title to the purchaser, of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, 3. A deposit equaling three (3) hours of the current hourly fee for Review of Covenants, Conditions and Restrictions established pursuant to the City’s fee schedule at the time the above referenced documents are submitted to the Community Development Department for review by the City Attorney. The declaration of covenants, conditions and restrictions submitted for review shall a) provide for a minimum term of sixty (60) years, b) provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit as tenants in common, and c) contain the following provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: The property owners' association established herein shall, if dormant, be activated, by incorporation or otherwise, at the request of the City, and the property owners' association shall unconditionally accept from the City of Menifee, upon the City’s demand, title to all or any part of the 'common area', more particularly described on Exhibit 'A' attached hereto. The decision to require activation of the property owners' association and the decision to require that the association unconditionally accept title to the 'common area' shall be at the sole discretion of the City In the event that the 'common area', or any part thereof, is conveyed to the property owners' association, the association, thereafter, shall own such 'common area', shall manage and continuously maintain such 'common area', and shall not sell or transfer such 'common area' or any part thereof, absent the prior written consent of the Community Development Director of the City or the City's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This declaration shall not be terminated, 'substantially' amended, or property de-annexed therefrom absent the prior written consent of the Community Development Director of the City of Menifee or the City's successor-in-interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' established pursuant to this Declaration. 18 In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." Once approved by the City Attorney, the declaration of covenants, conditions and restrictions shall be recorded by the Community Development Department with one copy retained for the case file, and one copy provided to the City Engineering Department - Survey Division. 42. Conditions, Covenants and Restrictions (Private Common Areas). The common areas anticipated to be owned and maintained by a private organization include, but are not limited to, expanded parkway landscaping, private recreational, and slope areas. These areas are anticipated to include: • Lots 148 to 153, 155 to 156, and 158 to 166 of Tract Map No. 31822-F (as shown on the proposed Final Map); • Lots 92, 96 to 98, and 100 of Tract Map No. 31822-2 (as shown on the proposed Final Map); and, • Lot 69 of Tract Map No. 31822-1 (as shown on the proposed Final Map). The land divider shall submit to the City Attorney (via the Community Development Department) for review and approval the following documents: (a) A cover letter identifying the project for which approval is sought referencing the Planning Division case number(s) and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; (b) One copy and one original, wet signed, notarized and ready for recordation declaration of covenants, conditions, and restrictions (CC&Rs). Attached to these documents there shall be included a legal description of the property included within the CC&Rs and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor. (c) The declaration of CC&Rs submitted for review shall cover all map phases, as follows: (i) Provide for a minimum term of sixty (60) years; (ii) Provide for the establishment of a property owner's association comprised of the owners of each individual lot or unit; and (iii) Provide for the ownership of the common area by either the property owner's association or a permanent public master maintenance organization. (d) The declaration of CC&Rs shall contain the following provisions verbatim: 19 (i) ”Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: - The property owners' association established herein shall manage the 'common areas', more particularly described on the subdivision map, attached hereto, and shall not sell or transfer the 'common areas' or any part thereof, absent the prior written consent of the Community Development Department of the City of Menifee. - The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of managing such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a management assessment. The property owners' association established herein shall regulate individual private lot development standards. - The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is located within a separate common lot. - An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. - This Declaration shall not be terminated, 'substantially' amended, or property de-annexed there from absent the prior written consent of the Community Development Director of the City of Menifee.” (ii) A proposed amendment shall be considered 'substantial' if it affects the extent, usage, or maintenance of the 'common area' established pursuant to the Declaration.” (iii) “In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." (iv) "The management and maintenance of the project site in accordance with the Storm Water Pollution Prevention Plans (SWPPPs), Monitoring Programs, and Post Construction Management Plans to include the following best management practices (BMPs) to reduce storm water pollution: Initial residents, occupants, or tenants of this site shall receive educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be provided by the Riverside County Flood Control and 20 Water Conservation District and shall be distributed by the properties owners' association. These materials shall address good housekeeping practices associated with residential developments, such as: - Where improper disposal of trash has occurred, the property owners' association shall take corrective action within forty- eight hours of discovery (BMP N5). - The street(s) and parking lot(s), more particularly described on the subdivision map, shall be swept by the property owners' association at least once a year and shall be swept no later than October 15th of each year (BMP N6). (e) The City shall be named as a third party beneficiary in the CC&Rs. (f) Once approved, the copy and the original declaration of CC&Rs shall be forwarded to the City Attorney and the Community Development Department. The Community Development Department will retain the one copy for the case file, and forward the wet signed and notarized original declaration of covenants, conditions and restrictions to the City Engineer for safe keeping until the final map is ready for recordation. The City Engineer shall record the original declaration of CC&Rs in conjunction with the recordation of the final map. (g) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of CC&Rs is incorporated therein by reference; and (h) A deposit equaling three hours of the current hourly fee for the review of the CC&Rs established pursuant to the City’s fee schedule at the time the above referenced documents are submitted to the City Attorney for review and approval. FEES 43. 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 Phasing 44. Preliminary Phase Grading. Prior to the approval of an application for a division into units or phasing plan for the TENTATIVE MAP, a conceptual grading plan covering the entire TENTATIVE MAP shall be submitted to the City of Menifee Community Development Department for review and approval. The preliminary grading plan shall comply with the following: 1) Techniques which will be used to prevent erosion and sedimentation during and after grading process shall be depicted and documented. 21 2) Approximate time frames for grading and areas which may be graded during the higher probability rain months of January through March shall be identified. 3) Preliminary pad and roadway elevations shall be depicted. 4) Areas where temporary grading occurs on any phase other than the one being graded for development at a particular time shall be identified. The approved preliminary grading plan shall be provided to the Building and Safety – Plan Check Division and shall be used as a guideline for subsequent detailed grading plans for individual units or phases of the TENTATIVE MAP. 45. Phases Separable. This land division may be divided into units and recorded in phases provided that the phasing plan complies with the following: 1) The proposed division into units or phasing, including unit or phase boundaries, sequencing, and floor plan selection shall be subject to the Community Development Department approval. 46. Lot Access/Unit Plans. Any division into units or phasing of the TENTATIVE MAP shall provide for adequate vehicular access to all lots in each unit or phase, and shall substantially conform to the intent and purpose of the land division approval. No approval for any number of units or phases is given by this TENTATIVE MAP and its conditions of approval, except as provided by Section 8.3 (Division into Units) of Ordinance No. 460. Prior to Issuance of Grading Permits 47. Grading Plan Review. The Community Development Department shall review the grading plan for consistency with the approved tentative map and the conditions of approval for the tentative map. 48. Construction Noise. Construction noise impacts shall be mitigated by: a. Blasting, drilling, and rock crushing shall not occur within 800 feet of any occupied residences unless temporary noise barriers (berms, walls, etc.) are erected to mitigate noise from these activities to an exterior noise level of 65 dB(A) at the nearest residential lot line. b. Before any blasting operations can occur, all residences within 800 feet of any potential blast location shall be notified by the developer or contractor of the blasting schedule, and again within a minimum of 72 hours in advance of blasting. 49. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 50. Fish and Wildlife Clearance. Prior to the issuance of grading permits, the applicant shall provide written notification to the Community Development Department that the appropriate California Department of Fish and Wildlife 22 notification pursuant to Sections 1601/1603 of the California Fish and Wildlife Code has taken place, or obtain an "Agreement Regarding Proposed Stream or Lake Alteration" (Sections 1601/1603 Permit) should any grading or construction be proposed within or along the banks of any natural watercourse or wetland, located either onsite or any required offsite improvement areas. Copies of any agreement shall be submitted with the notification. 51. US Fish and Wildlife Service Clearance. Prior to the issuance of grading permits, the applicant shall obtain written approval from the United States Fish and Wildlife Service (USFWS) to "take" habitat occupied by any species determined to be endangered, threatened, or a species of concern as determined by the USFWS. This implementing project may require "take" for species including, but not limited to, the (California gnatcatcher, Quino checkerspot butterfly, Delhi sands flower loving fly, etc.). Said approval shall be obtained through the initiation of a consultation with the USFWS pursuant to Section 7 of the Endangered Species Act of 1973; approval by the Secretary of the Interior of a 10(a) Permit pursuant to Section 10 of the Endangered Species Act of 1973; or a finding or "No Jeopardy" by the USFWS. A copy of said approval shall be submitted to the Community Development Department. 52. 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 104 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. 53. 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. 54. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a ten (10) percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted 23 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; 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; 24 r. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within twenty- four (24) hours of their receipt. ARCHEOLOGY 55. Archaeologist Retained. Prior to the issuance of a grading permit, the developer/permit holder shall retain and enter into a monitoring and mitigation service contract with a qualified archaeologist for mitigation monitoring services. This professional shall be known as the "Project Archaeologist." The Project Archaeologist shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, grading, and trenching. The Project Archaeologist shall have the authority to temporarily divert, redirect or halt ground disturbing activities to allow for the identification and evaluation of any discovered resources. The Project Archaeologist shall also facilitate the potential archaeological excavation of any cultural resources in coordination with any required tribal or special interest monitors. The applicant shall provide written verification that a County-certified archaeologist has been retained to implement the monitoring program. This verification shall be presented in a letter from the Project Archaeologist to the City of Menifee. No grading permits will be issued unless the preliminary mitigation and monitoring procedures required prior to grading permits as described in the EIR are substantially complied with. 56. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or 25 exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. ARCHEOLOGY 57. Paleontologist Retained. Prior to the issuance of grading permits, the project applicant shall enter into an agreement with a qualified paleontologist. This agreement shall include, but not be limited to, the preliminary mitigation and monitoring procedures to be implemented during the process of grading. A copy of said agreement shall be submitted to the Community Development Department. No grading permits will be issued unless the preliminary mitigation and monitoring procedures as described in the EIR are substantially complied with. Prior to Issuance of Building Permit 58. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a Building Permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 59. 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 2013 edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 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. 60. 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. Note: This condition implements the Mitigation Measure for Section 3(a) of Environmental Assessment No. 39076. 26 61. 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. 62. Utilities Underground. All utility extensions within a lot shall be placed underground. 63. Elevations and Floor Plans. The elevations and floor plans shall be consistent with the Specific Plan Design Guidelines. 64. Color Schemes. Colors/materials shall be consistent with the Specific Plan Design Guidelines. 65. 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. 66. Conform to Final Site of Development Plan. The building plans shall be consistent with the approved elevations of the final site of development plans. The building plans shall be reviewed for consistency with the final site of development plans prior to Building Permit issuance. 67. Acoustical Study. The land divider/permit holder shall cause an acoustical study to be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce the first and second-story ambient interior and exterior levels to 45 Ldn and 65 Ldn, respectively. The study shall be submitted, along with the appropriate fee, to the County Environmental Health Department Industrial Hygiene Division for review and approval. The approved mitigation measures, if any, shall be forwarded from the Environmental Health Department to the Community Development Department for implementation into the final building plans. 68. Post-Grading Report. Prior to the issuance of building permits, the project applicant shall provide to the Community Development Department a post grading report. The report shall describe how the mitigation and monitoring program as described in the EIR and pre-grading agreements with the qualified archaeologist and paleontologist were complied with. 69. Waste Recycling Plan. Prior to issuance of a building permit for each phase, a Waste Recycling Plan (WRP) shall be submitted to the City of Menifee Engineering / Public Works Department for approval. At a minimum, the WRP must identify materials (i.e., cardboard, concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures,/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins: one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. 27 Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. MINOR PLANS REQUIRED 70. Landscaping Plans. The land divider/permit holder shall file five (5) sets of a Landscaping and Irrigation Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with City Requirements, Menifee Municipal Code Chapter 15.04 and Chapter 9.86, Ordinance 348 Section 18.12, Sections 19.300 through 19.304, and the TENTATIVE MAP conditions of approval. The plan shall address all areas and conditions of the tract requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping within Open Space Lots ‘AA’ thru ‘HH’, and individual front yard landscaping). Emphasis shall be placed on using plant species that are drought tolerant with low water needs. The plans shall provide for the following: 1) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems are encouraged. 2) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Community Development Department. Utilities shall be placed underground. 3) Any required landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 4) Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, groundcover, shrubs, and specimen trees in conjunction with meandering sidewalks, benches, and other pedestrian amenities where appropriate as approved by the Community Development Department. 5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 6) Landscaping plans shall incorporate native and drought-tolerant plants where appropriate. 28 7) Turf shall be eliminated in areas unless purposed for active use. 8) All basins for drainage and/or water quality shall be screened from view with landscaping. 9) Front yard typical landscaping plans shall provide a minimum of one (1) xeriscape option for home buyers. 10) All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked. 11) Multi-programmable irrigation controllers which have enough programs to break up all irrigation stations into hydro zones shall be used. If practical and feasible, rain shutoff devices shall be employed to prevent irrigation after significant precipitation. Irrigation systems shall be designed so areas which have different water use requirements are not mixed on the same station (hydro zones). Assistance in implementing a schedule based on plant water needs is available from CIMIS or Mobile Lab. The use of drip irrigation should be considered for all planter areas that have a shrub density that will cause excessive spray interference of an overhead irrigation system. Use flow reducers to mitigate broken heads next to sidewalks, streets, and driveways. 12) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where possible. 13) Roadway landscape treatments, as detailed in Figure 4C-11 and Figure 4C-12 of the SPECIFIC PLAN shall be provided at specific locations throughout the TENTATIVE MAP (see Figure 4C-1 of the SPECIFIC PLAN for locations). 14) A special treatment/buffer, as detailed in Figure 7C-16 of the SPECIFIC PLAN shall be provided throughout specific locations within the TENTATIVE MAP (see Figure 4C-1 of the SPECIFIC PLAN for locations). NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineering Department ONLY. 71. Entry Monument Plans. The land divider/permit holder shall file three (3) sets of an Entry Monument plot plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan 29 shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval. The plot plan shall contain the following elements: 1) A color rendering of a frontal view of all/the entry monument(s) with landscaping. 2) A plot plan of the entry monuments with landscaping drawn to an engineer's scale. If lighting is planned, the location of lights, their intended direction, and proposed power shall be indicated. 3) An irrigation plan for the entry monument(s) and/or gate(s). 4) Primary entries as detailed in Figure 4C-3 and Figure 4C-4 of the SPECIFIC PLAN shall be provided at specific locations throughout the TENTATIVE MAP (see Figure 4C-2 of the SPECIFIC PLAN for locations). 5) Neighborhood entries as detailed in Figure 4C-5 and Figure 4C-6 of the SPECIFIC PLAN shall be provided at specific locations throughout the TENTATIVE MAP (see Figure 4C-2 of the SPECIFIC PLAN for locations). NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by the conditions of approval for this subdivision. However, this ENTRY MONUMENT condition of approval shall be cleared individually. 72. Model Home Complex. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The Model Home Complex plot plan shall contain the following elements: 1) An engineer's scaled plan showing the model home lots, lot numbers, tract number, and north arrow. 2) Show front, side and rear yard setbacks. 3) Provide two dimensioned off street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. 4) Show detailed fencing plan including height and location. 5) Show typical model tour sign locations and elevation. 6) Three (3) sets of photographic or color laser prints (8" X 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored 30 elevations. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 7) Provide a Model Home Complex landscape and irrigation plan. NOTES: The Model Home Complex plot plan shall not be approved without Final Site Development Plan approval, or concurrent approval of both. See the Community Development Department Model Home Complex application for detailed requirements. The requirements of this plot plan may be incorporated with any minor plot plan required by the subdivision's conditions of approval. However, this MODEL HOME COMPLEX condition of approval shall be cleared individually. The applicant will be required to enter into a model home complex agreement with the City of Menifee. The agreement stipulates terms for removal of the complex. The model home complex plan shall be approved prior to issuance of a Building Permit. 73. Final Site of Development Plan. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. Subdivision development shall conform to the approved plot plan and shall conform to the Countywide Design Guidelines. The plot plan shall be approved by the Community Development Director prior to issuance of Building Permits for lots included within that plot plan. The plot plan shall contain the following elements: 1) A final site plan (40' scale precise grading plan) showing all lots, building footprints, setbacks, mechanical equipment and model assignments on individual lots. 2) Each model floor plan and elevations (all sides). 3) Three (3) sets of photographic or color laser prints (8" x 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations in accordance with the approved Countywide Design Guidelines and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 31 4) At a minimum there should be three different floor plans for tract maps with 50 or less units. Reverse floor plans are not included as different floor plans. For tract maps with 51 to 99 units, there shall be at least four different floor plans. Tract maps with 100 units or more shall provide five different floor plans and an additional floor plan for every 100 dwelling units above 100 units. For development projects that are to be constructed in phases, a phasing plan shall be submitted to assure that the requirements for number of floor plans is being met. 1) Homes and garages shall be placed at varying distances from the street and have varying entry locations. Front yard setbacks shall average 20 feet and may be varied by up to 25%, in increments of any size. The minimum front yard setback shall not be less than 15 feet. 2) The colors and materials on adjacent residential structures should be varied to establish a separate identity for the dwellings. A variety of colors and textures of building materials is encouraged, while maintaining overall design continuity in the neighborhood. Color sample boards shall be submitted as a part of the application and review process. 3) All new residences with garages shall be provided with roll-up (i.e. on tracks) garage doors (either sectional wood or steel). At least twenty-five percent (25%) of the garage doors in any project should have windows. NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by this subdivision's conditions of approval. However, this FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared individually. 74. Wall and Fence Plan. The land divider/permit holder shall file three (3) sets of a Wall/Fencing Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with the Countywide Design Guidelines, Ordinance No. 348 Section 18.12, and the TENTATIVE MAP conditions of approval. A. The plan shall show all project fencing including, but not limited to, perimeter fencing, side and rear yard fencing, and open space or park fencing. A typical frontal view of all fences shall be shown on the fencing plan. B. All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments, as approved by the Community Development Department. C. All wood fencing or gates shall be treated with heavy oil stain to match the natural shade to prevent bleaching from irrigation spray. 32 D. Front yard return walls shall be constructed of masonry slump stone or material of similar appearance, maintenance, and structural durability) and shall be a minimum of five feet in height. E. Side yard gates are required on one side of the home and shall be constructed of vinyl, wood, wrought iron, or tubular steel fence. Chain- link fencing is not permitted. All construction must be of good quality and sufficient durability with an approved stain and/or sealant to minimize water staining. (Applicants shall provide specifications that shall be approved by the Community Development Department). F. All new residences constructed on lots of less than 20,000 square feet shall include rear and side yard fencing constructed of masonry block that is a minimum of five (5) feet in height. The maximum height of walls or fencing shall be six (6) feet in height. G. All lots having rear and/or side yards facing local streets or otherwise open to public view shall have fences or walls constructed of decorative block. H. Corner lots shall be constructed with wrap-around decorative block wall returns. I. Wrought iron or tubular steel fence sections may be included within tracts where view opportunities and/or terrain warrant its use. Where privacy of views is not an issue, tubular steel or wrought iron sections should be constructed in perimeter walls in order to take advantage of casual view opportunities. J. The plan shall show the location of all retaining walls. Retaining walls shall be constructed with decorative (e.g., split-faced) block (were exposed/one-sided) and a masonry cap. K. Wall construction and heights shall conform to applicable noise mitigation. L. Wall and fence locations shall be consistent with locations shown on Figure 4C-24 of the SPECIFIC PLAN. M. Wall and fence materials and heights shall be consistent with Figure 4C- 25 of the SPECIFIC PLAN. N. A six-foot-high masonry block/privacy wall or combination berm and block wall shall be constructed along the rear or side boundaries of lots along "O" Street. Should these requirement cause any inconsistencies with Figure 4C-24 or 4C-25 of the SPECIFIC PLAN, these requirements shall take precedence. LANDSCAPING 75. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation as defined by County Ordinance No. 348. Landscaping 33 and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04 and 9.86, Riverside County Guide to California Friendly Landscaping, and Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts. The front yard landscaping must be installed prior to final occupancy release. 76. Performance Securities. Performance securities for common areas, in amounts to be determined by the Community Development Director to guarantee that the installation of plantings, irrigation system, walls and/or fences, improvements, and/or amenities are completed and ready for public use within the timeframes specified in these Conditions of Approval; and, in accordance with the approved plan, shall be filed with the Community Development Department. Securities may require review by the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the six-month and one-year post-establishment report confirms that the planting and irrigation components have been adequately installed and maintained or once the corresponding improved lot has been accepted for maintenance by the City. A cash security shall be required when the estimated cost is $2,500.00 or less. Security deposits are only required for common areas. 77. Landscape Inspection Deposit. Prior to issuance of Building Permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre-installation inspections, installation inspections, Six Month Post Establishment and One Year Post Establishment Landscape Inspections. The amount of hours for the Inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. FEES 78. 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. 79. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 80. 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 81. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of final occupancy. The Community Development Director may require inspection or other monitoring to ensure such compliance. 34 82. Anti-Graffiti Coating. An anti-graffiti coating shall be provided on all block walls, and written verification from the developer shall be provided to the Community Development Department. 83. Fencing and Wall Compliance. Fencing shall be provided throughout the subdivision in accordance with the approved final site development plans and/or walls and fencing plan. 84. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be installed in accordance with the approved entry monument plans. 85. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations approved as part of the final site of development plan. 86. Concrete Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 87. Roll Up Garage Doors. All residences shall have automatic roll-up garage doors. 88. Final Planning Inspection. The permittee shall obtain final occupancy sign-off from the Planning Division for each Building Permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, walls and fencing and landscaping. 89. Waste Recycling Plan Compliance. Prior to issuance of an occupancy permit for each phase, evidence (i.e., receipts or other type of verification) to demonstrate project compliance with the approved Waste Recycling Plan (WRP) shall be presented by the project proponent to the City of Menifee Engineering / Public Works Department. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. LANDSCAPING 90. Soil Management Plan. The permittee shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, “What is required in a Soil Management Plan?” 91. Landscape/Irrigation Install Inspection The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre-Landscape installation inspection and a Landscape Completion Installation Inspection with the Community Development Department. The pre-landscape inspection shall be arranged at 35 least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. Six Month and One Year Post-Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections. 92. Landscape Installation. All required landscape planting and irrigation, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 93. Final Landscape Approval The final landscape approval following installation shall be subject to the review and approval of the City’s Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES 94. DIF Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 95. MSHCP Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 810, which requires payment of the appropriate fee set forth in the Ordinance. Ordinance No. 810 has been established to set forth policies, regulations and fees related to the funding and acquisition of open space and habitat necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance. 36 The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 96. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. Prior to Issuance of Given Building Permit or Occupancy PARK and OPEN SPACE LOT CONDITIONS The Community Development Director shall have the ability to defer the installation of the landscaping as noted below, but may require performance securities and additional deposits to cover administrative costs. Under no circumstance shall landscaping be deferred if 80% of the tract has been occupied. 97. Suspension of Building Permit Issuance and/or Inspections. Pursuant to City Municipal Code Section 9.55.120, failure to comply with any deadline for the development of the improvements and/or amenities shall halt the issuance of building permits and suspension of all building inspections for residential dwelling units within the subdivision. 98. Open Space Lots for Slope and Side Yard Landscaping. All landscaping and irrigation in open space lots not specifically mentioned elsewhere within these Conditions of Approval, shall be installed and inspected prior to issuance of occupancy for adjacent residential lots. 99. Community Recreation Center (Planning Area 42) – Design Plans. Prior to issuance of the 1st building permit with the TENTATIVE MAP, or prior to occupancy of models (opening of sales office), whichever shall occur first the applicant or applicant-in-successor shall submit and obtain approval of detailed (working drawing) plans for the Community Recreation Center (Planning Area 42) from the Community Development Department and Community Services Department. 100. Community Recreation Center (Planning Area 42) – Installation. Prior to issuance of the 150th Building Permit within the TENTATIVE MAP, the Community Recreation Center indicated as Lot 68 (southwesterly portion of Lot 68 [i.e., Specific Plan, Planning Area 42]), all landscaping, irrigation, and structures within Planning Area 42 shall be installed, inspections completed and passed and performance securities posted. 37 Section III: Community Services Department Conditions of Approval 38 Prior to Final Map 101. Trail Maintenance. The land divider shall annex to the Community Facilities District or other entity acceptable to the City of Menifee, for the maintenance of pedestrian trail located throughout the tentative map. The land divider, or the land divider's successors-in-interest or assignees, shall be responsible for the maintenance of the community trail easement until such time as the maintenance is taken over by the appropriate maintenance district. 102. Annexation into Park District. The land divider shall submit written proof to the Community Development Department that the subject property has been annexed to Communities Facilities District or other entity acceptable to the Community Development Director. 103. Dedication of Parkland. A dedication of parkland shall be offered on the final map. Where dedication is offered and accepted, such dedication shall be accomplished in accordance with the provisions of the Subdivision Map Act. All land dedicated to the City shall be conveyed in fee simple to the City free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the city agrees to accept. Prior to Issuance of Grading Permits 104. Trails Plans. Prior to the issuance of any grading permits, the applicant shall submit a trails plan to the City of Menifee Community Development Department and Engineering Department for review and approval. This trails plan shall show the trail with all topography, grading, fencing, cross-sections, street crossings and under crossings, signage (if appropriate), lighting and landscaping. Prior to Issuance of Building Permits 105. Quimby Fees. Payment of in-lieu fees and dedication of parkland. The proposed subdivision will fulfill Quimby obligations through the payment of in- lieu fees and/or dedication of land for credit for onsite parks. Prior to the issuance of a building permit, the City Manager or his/her designee shall determine the amount of Quimby Fees to be paid by the subdivider, if any. Quimby fees shall be paid directly to the City prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. Prior to Final Inspection 106. Park Performance Securities. Prior to the issuance of the first certificate of occupancy within the subdivision, the developer shall provide a sufficient surety, as determined by the Community Services Director, to guarantee that the park improvements located within Lot 68 (i.e., Planning Area 42 [Community Recreation Center) and 40E [Linear Park/Paseo site]) and amenities are completed and ready for public use. The surety shall be in an amount necessary to guarantee the installation of plantings, irrigation system, walls and/or fences, recreation equipment and other improvements in accordance with the approved parks plan. Securities may require review by 39 the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the six- month and one-year post-establishment report confirms that the park, including all planting and irrigation components have been adequately installed and maintained or once the corresponding improved lot has been accepted for maintenance by the City. A cash security shall be required when the estimated cost is $2,500.00 or less. 107. Quimby Fees. Quimby fees, if any required after dedication of land, shall be paid directly to the City prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The amount of Quimby fees paid shall be consistent with the amount determined by the City Manager, or their designee, prior to issuance of a building permit. Prior to Issuance of Given Building Permit or Occupancy PARK and OPEN SPACE LOT CONDITIONS The Community Services Director shall have the ability to defer the installation of the landscaping as noted below, but may require performance securities and additional deposits to cover administrative costs. Under no circumstance shall landscaping be deferred if 80% of the tract has been occupied. 108. Suspension of Building Permit Issuance and/or Inspections. Pursuant to City Municipal Code Section 9.55.120, failure to comply with any deadline for the development of the improvements and/or amenities shall halt the issuance of building permits and suspension of all building inspections for residential dwelling units within the subdivision. 109. Trail Construction. Prior to the issuance of the 230th building permit with the TENTATIVE MAP, the applicant shall build the trails as shown on the approved trails plan. 110. Linear Park/Paseo (Planning Area 40E) –Dedication and Conceptual Park Plans. PRIOR TO THE ISSUANCE OF THE 700th building permit within the SPECIFIC PLAN, the 50th Building Permit within the TENTATIVE MAP, or prior to occupancy of models (opening of sales office), whichever shall occur first, the linear park/paseo designated as Planning Area 40E shall be dedicated to City of Menifee. Additionally, a minor plot plan application shall be submitted to and approved by the Community Development Department showing the conceptual park plans for Planning Area 40E. Conceptual plans shall include, but not be limited to, overall site map showing locations of all trails, water quality facilities, vicinity map, street names, north arrow, adjacent land uses, proposed park layout including but not limited to parking lot and concrete layout, any and all proposed amenities, (e.g., ball fields, soccer fields, gazeboes, basketball and tennis courts, tot lots, picnic areas, swimming pools/spas, lighting, decomposed granite trails, etc.), turf and planter layout, tree locations, and plant palette. 111. Linear Park/Paseo (Planning Area 40E) – Detailed Park Plans. Park construction drawings for the linear park/paseo designated as Planning rea 40 40E shall be submitted to and approved by the City of Menifee Engineering Department upon approval of the conceptual park plans by the Community Development Department, but no later than the 130th building permit within the Tentative Map. 112. Linear Park/Paseo (Planning Area 40E) – Construction. PRIOR TO THE ISSUANCE OF THE 930th building permit within the SPECIFIC PLAN or the 230th Building Permit within the TENTATIVE MAP, whichever shall occur first, the linear paseo/park site within Planning Area 40E shall be constructed and open to the public. All landscaping and irrigation within Lot 40E shall be installed, inspections completed and passed and performance securities posted. 41 Section IV: Public Works/Engineering Conditions of Approval 42 The following are the Public Works Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. GENERAL CONDITIONS: 113. SUBDIVISION MAP ACT - The developer/property owner shall comply with the State of California Subdivision Map Act. 114. PLANS FORMAT AND SIGNATURE. All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required. 115. PLAN CHECK SUBMITTALS - Appropriate plan check submittal forms shall be completed and required plan copies, necessary documents, references, fees, deposits, etc. shall be submitted as outlined in the City approved submittal forms. All submittals shall be date stamped by the engineer. All large format plans shall be bulk folded to 9”x12”. A CD of all items shall be submitted with each plan check. A scanned image of all final approved grading and improvement plans shall be provided to the City. ACAD files 2004 or later are required for all final maps upon approval. 116. PLAN SUBMITTALS AND APPROVALS – A copy of the improvement plans, grading plans, final maps, required environmental constraint sheets, BMP improvement plans, and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the PW Engineering Department for review. The plans must receive PW approval prior to final map recordation; or issuance of any construction and/or grading permit or issuance of building permits as determined by the PW Director. 117. AS -BUILT PLANS – The developer/property owner shall cause the civil engineer of record to submit project base line of work for all layers in Auto CAD DXF format on Compact Disc (CD) to the Public Works Department. If the required files are unavailable, the developer/property owner shall pay a scanning fee to cover the cost of scanning the as-built plans. The timing for submitting the as-built plans shall be as determined by the Public Works Director/City Engineer. 118. CONSTRUCTION TIMES OF OPERATIONS. The developer/property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: a. Any construction within the City located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, 43 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. b. Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. c. The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions. d. A Pre-Construction meeting is mandatory with the City’s Public Works Senior Inspector prior to start of any construction activities for this site. 119. MAP PHASING. The tract map maybe developed in multiple phases. If the developer/property owner elects to develop in multiple phases, an application for map phasing shall be submitted to the Community Development Department for City review and approval. Phased final maps shall be in substantial conformance with approved tentative map. Prior to final map recordation, financial security shall be provided for all required improvements with each map phase. 120. OFFSITE IMPROVEMENTS WITH MAP PHASING. Should the developer/property owner choose to phase any portion of this project, the developer/property owner shall provide offsite access roads to City maintained roads as approved by the PW Department. The Public Works Director may require the dedication and construction of necessary utilities, streets or other improvements outside the area of any particular tract map phase if the improvements are needed for circulation, parking and access or for the welfare or safety of future occupants of the development. 121. If multiple tract map phases are filed for recordation, they may be recorded concurrently, or in phases. If recorded in phases, the recordation shall be done in the order described in applicable City ordinances. 122. BOND AGREEMENTS AND IMPROVEMENT SECURITY. The developer/property owner shall post bonds or security in forms acceptable to the City, guaranteeing the construction of all required grading and improvements in accordance with applicable City policies and ordinances, and as determined by the Public Works Director/City Engineer. The grading and improvements shall include, but not limited to: onsite/offsite grading, street improvements, street lights, traffic signals, signing and striping, landscaping within right of way or dedicated easements, water quality BMPs, and storm drainage facilities. 123. GRADING INTRODUCTION. Improvement such as grading, filling, over excavation and re-compaction, and base or paving which require a grading 44 permit are subject to the included Public Works Department conditions of approval. B. GRADING General Conditions 124. OBEY ALL GRADING REGULATIONS. All grading shall conform to the California Building Code, Ordinance 457, and all other relevant laws, rules and regulations governing grading in Riverside County and the City of Menifee, and prior to commencing any grading which includes 50 or more cubic yards, the applicant shall obtain a grading permit from the Public Works Department. 125. GSP-1 ORD. NOT SUPERSEDED. Anything to the contrary, proposed by this Specific Plan, shall not supersede the following: All grading shall conform to the California Building code, County General Plan, Ordinance 457 and all other relevant laws, rules and regulations governing grading in Riverside County. 126. GRADING PERMIT REQUIRED. City adopted County Ordinance 457 requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 127. GEOSOILS: All grading shall be performed in accordance with the recommendations of the included -County approved- geotechnical/soils reports for this Specific Plan. 128. DUST CONTROL. All necessary measures to control dust shall be implemented by the developer during grading. 129. CLEARANCES RECEIVED. Prior to issuance of a grading permit, all certifications affecting grading shall have written clearances. This includes, but is not limited to, additional environmental assessments, erosion control plans, geotechnical/soils reports, and departmental clearances. 130. MAX SLOPE RATIO. Grade slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved. 131. NO GRADING OR SUBDIVIDING. If grading of the entire - or any portion there of - Specific Plan site is proposed, UNDER A SUBDIVISION OR LAND USE CASE ALREADY APPROVED FOR THIS SPECIFIC PLAN, at the same time that application for further subdivision of any of its parcels is being applied for, an exception to City adopted County Ordinance 460, Section 4.5.B, shall be obtained from the Planning Director, prior to issuance of the grading permit (Ord. 460 Section 3.1). THIS EXCEPTION WILL NOT APPLY TO ANY CASE HAVING ONLY AN APPROVED SPECIFIC PLAN. 132. MINIMUM DRAINAGE. Minimum drainage grade shall be 1% except on Portland cement concrete where 0.35% shall be the minimum. 133. Terracing. Provide drainage facilities and terracing in conformance with the California Building Code's chapter on "Grading." 45 134. SLOPE SETBACKS. Observe slope setbacks from buildings and property lines per the California Building Code - as amended by City adopted County Ordinance 457. 135. NO GRADING OR SUBDIVIDING. If mass grading is proposed – under a previously approved subdivision at the same time that application for further subdivision for that parcel is being made, an exception to City-adopted County Ordinance No. 460, Section 4.4.B is required. Obtain the exception from the Community Development Director. 136. GRADING PERMIT. Constructing a private road requires a grading permit. 137. EROSION CONTROL PLANS. All grading plans shall require approved erosion control plans. Graded but undeveloped land shall provide, in addition to erosion control planting, drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control Best Management Practices (BMPs) are required year round in compliance with the State Water Resources Control Board (SWRCB) General Construction Permit. Additional erosion protection may be required during a rain event, or before an anticipated rain event. Prior to Grading Permit Issuance 138. GRADING BONDS: Grading in excess of 199 cubic yards will require performance security to be posted with the Public Works Department. Single Family Dwelling units graded one lot per permit and proposing to grade less than 5,000 cubic yards are exempt. 139. SLOPE/EROSION CONTROL PLAN: Erosion control- landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per the requirements of Ordinance 457, see form 284-47. 140. GEOTECH/SOILS REPORT: Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the Public Works Department's Grading Division for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City of Menifee.* *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. 141. DRAINAGE DESIGN Q100: All grading and drainage shall be designed in accordance with Riverside County Flood Control & Water Conservation District's conditions of approval regarding this application. If not specifically addressed in their conditions, drainage shall be designed to accommodate 100 year storm flows. 46 Additionally, the Public Works Department's conditional approval of this application includes an expectation that the conceptual grading plan reviewed and approved for it complies or can comply with any WQMP (Water Quality Management Plan) required by Riverside County Flood Control and Water Conservation District. 142. OFF-SITE GRADING: Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. 143. Compliance with NPDES General Construction Permit: The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resource Control Board (SWRCB). Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans. For additional information on how to obtain a GCP, contact the SWRCB. 144. SWPPP: Prior to approval of the grading plans, the developer/property owner shall prepare a Storm W ater Pollution Prevention Plan (SWPPP) for the development. The developer/property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. 145. 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. 146. IMPORT/EXPORT: In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the Public Works department. If an Environmental Assessment, prior to issuing a grading permit, did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director for review and comment and to the Public Works Department Director for approval. Additionally, if the movement of import/export occurs using county roads, review and approval of the haul routes by the Public Works Department will be required. Prior to Building Permit Issuance 147. GRADING PERMIT: Prior to issuance of any building permit, the property owner shall obtain a grading permit and/or approval to construct from the Public Works Department. 47 148. FINAL ROUGH GRADING CONDITIONS: Prior to issuance of each building permit, the developer/property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction, for the lots for which building permits are requested. The certifications shall use City approved forms, and shall be submitted to the Public Works Engineering Department for verification and acceptance. 149. CONFORMANCE TO ELEVATIONS/GEOTECHNICAL COMPACTION: Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. Prior to Certificate of Occupancy 150. MANUFACTURED SLOPES: Plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees as approved by the Public Works Department's Erosion Control Specialist. 151. DRAINAGE SWALES: Finish grade shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one- half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. 152. Final Grade Certification: The developer/property owner shall cause the Civil Engineer of Record for the approved grading plans, to submit signed and wet stamped final grade certification on City approved form, for each building for which a certificate of occupancy is requested. The certification shall be submitted to the Public Works Engineering Department for verification and acceptance. 153. Conform to Elevations: Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. C. DRAINAGE: General Conditions 154. FLOOD HAZARD REPORT: Audie Murphy Specific Plan 209 amendment No.4 proposes to increase the area by 113.4 acres to a total of 1,134-acre project site just east of Railroad Canyon Lake along Salt Creek. Salt Creek, with a 100-year peak flow rate of over 13,000 cfs, is the dominant hydrologic feature on the site. It flows generally toward the southwest through the center of the property. Under present conditions, the 100-year floodplain is 48 as much as 2,000 feet wide. Additional well-defined watercourses that drain areas of about 980, 170, and 320 acres are tributary to Planning Areas 26 and 27 from the south. The developer proposes to conserve Salt Creek and other major tributaries along the site as open space. However, portions of the floodplain limits for Salt Creek will be altered by the development of the Planning Areas adjacent to the Creek due to encroachment into the floodplain. Planning Areas for residential development Nos. 8, 9, 15, 20, 21, 22, 23, 28, and 35 propose to alter the floodplain limits due to their site filling and/or channel excavation. In addition, a 5-span Conspan bridge crossing or an equivalent structure as approved by the District shall be constructed to replace the existing culvert under Goetz Road as to convey Salt Creek into the Lake. Any encroachment into or other modification of the FEMA floodplain will require the applicant to process a Conditional Letter of Map Revision (CLOMR). This will require the preparation and submittal of an extensive hydrologic/hydraulic analysis. This is a detailed study of the flood hazard that must include the base flood elevation (BFE) and should follow FEMA guidelines and specification. An additional review fee (based on time and materials as provided for in County Ordinance No. 671) will also be required. The study needs to be submitted to Riverside County Flood Control District for review. The proposed development of Planning Areas 31, 33, and 34 would adversely impact the downstream property owners by increasing the rate and volume of flood flows. To mitigate this impact, the developer shall be responsible for constructing detention basins. Final design of the basins will not be required until the improvement plan stage of the specific development proposals. The applicant shall submit a preliminary hydrology and hydraulics study that indicates the general size, shape, and location of the proposed basins are sufficient to mitigate the impacts of the development. The construction of facilities required to convey flows into Salt Creek and the prospective water quality basin locations will be dictated by the submittal of map proposals within the Specific Plan. 155. MAP FLOOD HAZARD REPORT: Tract 31822 is a proposal to subdivide 104 acres into 323 single-family lots in the Sun City/Menifee area. The project is located on the northwest corner of Newport Road and La Ladera Road and is part of the Audie Murphy SP 209. It should be noted that the allowable encroachment into Salt Creek and the design of Salt Creek Channel is being established under Parcel Map 24815. TR 31822 proposed grading conforms and is shown in the CLOMR study under PM 24815. The northern portion of the tract receives offsite runoff from a total of 100 acres of hills to the north. The points of concentration and magnitudes of offsite flows have been shown on the amended exhibit. Details for some of the inlet works require redesign to meet District standards for adequate access, freeboard, and configuration (see 10 Flood RI.15). For example, the collection facility north of Lot 294 is inadequate as shown but can be easily addressed in final design. 49 Collection points for streams with significant watersheds shall provide for maintenance access and appropriately bulked flows. The inlet design upstream of Lot 158 is not acceptable to the District due to lack of maintenance access and the acute angle of the proposed facility. Design of an adequate inlet will require either offsite right of way or the loss of Lot 158 and the redesign of some surrounding lots. This development is located within the San Jacinto River watershed. All onsite storm runoff is tributary to Canyon Lake and Lake Elsinore. An approved Storm Water Pollution Prevention Plan (SWPPP) therefore would be required prior to Environmental Assessment adoption. The applicant has opted to do a Project Specific Water Quality Management Plan (WQMP) instead. The developer has submitted a report that meets the criteria for a Preliminary Project Specific WQMP. Within the Preliminary Water Quality Management Plan (WQMP), the applicant proposes to mitigate water quality impacts for onsite flows by a series of grassy swales proposed in the east paseo and through two extended detention basins. One of the basins is proposed under TR 31822 and the other water quality features are proposed under TR 31824. This proposal is acceptable to the District as shown on the site plan in the Preliminary WQMP. Minor corrections to the WQMP shall be completed in final design. TR 31822 is dependent on the drainage infrastructure and water quality features proposed under TR 31824. If these facilities and features are not constructed prior to the development of this site, this development shall construct the drainage infrastructure and water quality features that are necessary. 156. MAP INLET DESIGN CRITERIA: Collection points for streams with significant watersheds shall provide for maintenance access and appropriately bulked flows. The inlet design upstream of Lot 158 is not acceptable due to lack of maintenance access and the acute angle of the proposed facility. Design of an adequate inlet will require either offsite right of way or the loss of Lot 158 and the redesign of some surrounding lots. 157. 10YR CURB – 100 YR ROW: The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 158. 100 YR SUMP OUTLET: Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 159. PERPETUATE DRAINAGE PATTERNS: The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained from the affected 50 property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City of Menifee for review. 160. MAP COORDINATE DRAINAGE DESIGN: Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City of Menifee for review. 161. MAP OWNER MAINTENANCE NOTICE: The subdivider shall record sufficient documentation to advise purchasers of any lot within the subdivision that the owners of individual lots are responsible for the maintenance of the drainage facility within the drainage easements shown on the final map. 162. BMP – ENERGY DISSIPATORS: Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet. 163. TRASH RACKS: Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 164. The developer/property owner shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the PW-Engineering Department. 165. The developer/property owner shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the PW -Engineering Department permits the use of streets for drainage purposes, applicable provisions of the City adopted County Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the sub-divider shall provide adequate drainage facilities and/or appropriate easements as approved by the PW -Engineering Department Prior to Final Map Recordation 166. MAP OFFSITE EASEMENT: Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the District prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 51 167. MAP ONSITE EASEMENT: Onsite drainage facilities located outside of road right of way shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". 168. DRAINAGE FACILITIES FOR OWNERSHIP AND MAINTENANCE BY THE FLOOD CONTROL DISTRICT: Some proposed large drainage facilities maybe requested for ownership and maintenance by the Flood Control District. For such drainage facilities, applicable District standards and guidelines shall be complied with; including conditions of approval required for said drainage facilities. Prior to recordation of the final map for a phase served by the requested drainage facilities, the developer/property owner shall enter into a three party cooperative agreement with the City and Flood Control. Both the Riverside County Board of Supervisors and the City of Menifee City Council shall approve the agreement. 169. ACCEPTANCE OF STORM DRAIN FACILITIES BY THE RIVERSIDE COUNTY FLOOD CONTROL DISTRICT: Inspection and maintenance of all proposed public storm drain system to be constructed with this tract shall be performed by either the City of Menifee or the Flood Control District. For facilities proposed to be owned and maintained by the District, the developer/property owner shall request the District in writing, through the City of Menifee PW Engineering Department. The request must also be approved by the City of Menifee. The request shall note the project number, location, briefly describe the system (sizes and lengths) and include an exhibit that shows the proposed alignment. The request to the District shall be addressed to Warren D. Williams, General Manager-Chief Engineer, and sent through the City of Menifee, PW Engineering Department If the District is willing to maintain any proposed drainage system, the following items must be accomplished prior to recordation of the final map; or at the start of construction of the drainage facility, and as determined by the PW Director : The developer/property owner shall 1) shall submit preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the District and secure that right of way to the satisfaction of the District; 2) enter into a cooperative agreement with the City and the District that establishes the terms and conditions of the inspection, operation and maintenance of proposed drainage facilities; and 3) have the drainage facility plans signed by the District's General Manager-Chief Engineer. Note that plans cannot be signed prior to full execution of the agreement. An application to draw up a cooperative agreement shall be submitted to the attention of Mark Wills, or current Flood Control Manager having oversight for such request. All right of way transfer issues must be coordinated with the District's Right of Way Section. The developer/property owner shall submit proof of flood control facility bonds and agreement, and a certificate of insurance to the City of Menifee PW Engineering Department before a pre-construction meeting can be scheduled for drainage facilities proposed to be maintained by the District. 52 170. MAP – MAJOR FACILITIES: Major flood control facilities are being proposed. These shall be designed and constructed to City standards including those related to alignment and access to both inlets and outlets. The applicant shall consult the City early in the design process regarding materials, hydraulic design, and transfer of rights of way. 171. MAP – WATERS OF THE US: A portion of the proposed project may affect "waters of the United States", "wetlands" or "jurisdictional streambeds". Therefore, a copy of appropriate correspondence and necessary permits, or correspondence showing the project to be exempt, from those government agencies from which approval is required by Federal or State law (such as Corps of Engineers 404 permit or Department of Fish and Game 1603 agreement) shall be provided to the District prior to the recordation of the final map. All Regulatory Permits (and any attachments thereto such as Habitat Mitigation and Monitoring Plans, Conservation Plans/Easements) to be secured by the Developer shall be submitted to the City for review. The terms of the Regulatory Permits shall be approved by the City prior to improvement plan approval, map recordation or finalization of the Regulatory Permits. There shall be no unreasonable constraint upon the City’s ability to operate and maintain the flood control facility to protect public health and safety. 172. MAP – INTERCEPTOR DRAIN CRITERIA: The criteria for maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular channel. Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. 173. MAP – SUBMIT FINAL WQMP: In compliance with Santa Ana Region and San Diego Region Regional Water Quality Control Board Orders, and Beginning January 1, 2005, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post-development water quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana, Santa Margarita or Whitewater River watersheds). The WQMP provides detailed guidelines and templates to assist the developer in completing the necessary studies. These documents are available on-line at: www.rcflood.org under Programs and Services, Stormwater Quality. To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to a) identify potential post-project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post-development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. 53 The developer has submitted a report that meets the criteria for a Preliminary Project Specific WQMP. The report will need to be revised to meet the requirements of a Final Project Specific WQMP. Also, it should be noted that if 401 certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. 174. WQMP EST. MAINTENANCE ENTITY: This project proposes BMP facilities that will require maintenance by a public agency or homeowner's association. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the District will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMPs in perpetuity. This may consist of a mechanism to assess individual benefiting property owners, or other means approved by the City. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. 175. CONSTRUCT DRAINAGE AND WQ FACILITIES: TR 31822 is dependent on the drainage infrastructure and water quality features proposed under TR 31824. If these facilities and features are not constructed prior to the development of this site, this development shall construct the drainage infrastructure and water quality features that are necessary. 176. ONSITE EASEMENT ON FINAL MAP: Onsite drainage facilities located outside of road right of way shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". 177. OFFSITE EASEMENT OR REDESIGN: Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the District prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 178. WRITTEN PERMISSION TO GRADE: Written permission shall be obtained from the affected property owners allowing the proposed grading and/or facilities to be installed outside of the tract boundaries. A copy of the written authorization shall be submitted to the District for review and approval. 179. SUBMIT FINAL WQMP: A copy of the project specific WQMP shall be submitted to the District for review and approval. Prior to Grading Permit Issuance 180. EROSION CONTROL AFTER ROUGH GRADING: Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the City for review. 54 181. OFF-SITE EASEMENT OR REDESIGN: Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the District prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 182. MAP PHASING: If the tract is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows. 183. SUBMIT FINAL WQMP: A copy of the project specific WQMP shall be submitted to the District for review and approval. 184. PERPETUAL DRAINAGE PATTERNS: Grading shall be designed in a manner that perpetuates the existing natural drainage patterns and conditions with respect to tributary drainage areas and outlet points. Where these conditions are not preserved, necessary drainage easements shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. Prior to issuance of a grading permit, a copy of the recorded drainage easements from all affected property owners shall be submitted to the Public Works Engineering Department. 185. 100 YEAR DRAINAGE FACILITIES: All drainage facilities shall be designed to accommodate 100-year storm flows in accordance with the Riverside County Flood Control & Water District's letter regarding this application, and as approved by the City of Menifee. If the tract is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows. Prior to Building Permit Issuance 186. SUBMIT FINAL WQMP: A copy of the project specific WQMP shall be submitted to the District for review and approval. Prior to Certificate of Occupancy 187. OBTAIN LOMR: Letter of Map Revision shall be obtained from FEMA for all lots impacted by a FEMA floodplain. 188. BMP EDUCATION: The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of stormwater quality to all initial residents. The developer may obtain NPDES Public Educational Program materials from the District's NPDES Section by either the District's website www.floodcontrol.co.riverside.ca.us, e- mail fcnpdes@co.riverside.ca.us, or the toll free number 1-800-506-2555. Please provide Project number, number of units and location of development. Note that there is a five-day minimum processing period requested for all orders. 55 The developer must provide to the City’s PLAN CHECK Department a notarized affidavit stating that the distribution of educational materials to the tenants is assured prior to the issuance of occupancy permits. If conditioned for a Water Quality Management Report (WQMP), a copy of the notarized affidavit must be placed in the report. The District MUST also receive the original notarized affidavit with the plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 189. 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 or any proposed map phase prior to the completion of the construction of all required structural BMPs, and implementation of non-structural BMPs.. 190. FINISH GRADE: Finish grade shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one-half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. D. STREET IMPROVEMENTS AND DEDICATIONS: General Conditions 191. Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, City adopted Riverside County Ordinance 461, and all other relevant laws, rules and regulations governing street construction in the City. 192. It is understood that the tentative tract map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. 193. Street Design and Slope Landscaping at the Termination at Honey Run Road Next to Lots 103 and 104: The developer shall submit a street termination design at the end of Honeyrun Rd consisting of, but not limited to, landscaping, sidewalk, pavement and curb & gutter. A concept of this design shall be reviewed and approved by the PW Director/City Engineer. There is an existing parkway landscaping along the north and south sides of Honeyrun Rd that are within the boundaries of City administered Landscaping and Lighting Maintenance District (L&LMD) 89-1C Locations 26, 30 & 32 of L&LMD Zone 3. The landscaping irrigation improvement can tie to an available service point for one of these locations. The developer may revise an existing L&LMD approved plans or prepare a separate improvement plan for the termination 56 improvement. The plans shall be reviewed and approved by the PW Engineering Department prior to final map recordation of the adjacent Tract Map No. 31822-F. The timing for the delivery of the completed improvement shall be determined by the PW Director/City Engineer. 194. Paving or Paving Repairs: The applicant shall be responsible for obtaining the paving inspections required by Ordinance 461. Paving and/or paving repairs for utility street cuts shall be per City of Menifee Standards and Specifications and as approved by the Public Works Director/City Engineer. 195. Concrete Work: All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a 28 day minimum concrete strength of 3,250 psi. 196. Sewer Lines: All sewer line alignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Riverside County Ordinances 460/461 and Eastern Municipal Water District standards. 197. Water Mains and Hydrants: All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the Riverside County Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department. 198. Dry Utility Installations: Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Public Works Director/City Engineer. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage, within the project boundaries, and between the nearest poles offsite in each direction of the project site. The timing for the completion of the undergrounding shall be determined by the PW Director. A certificate should be obtained from pertinent utility company and submitted to the PW-Engineering Department as proof of completion. 199. TRAFFIC SIGNAL: The County Transportation Department has reviewed the traffic study submitted for the referenced project. The study has been prepared in accordance with County-approved guidelines. We generally concur with the findings relative to traffic impacts. The Comprehensive General Plan circulation policies require a minimum of Level of Service 'C', except that Level of Service 'D' may be allowed with Board of Supervisors' approval in community development areas at intersections of any combination of secondary highways, major highways, arterials, urban arterial, expressways or state highways and ramp intersections. The study indicates that it is possible to achieve adequate levels of service for the following intersections based on the traffic study assumptions. I-15 Southbound Ramps (NS) at: Railroad Canyon Road (EW) I-15 Northbound Ramps (NS) at: Railroad Canyon Road (EW) 57 Grape Street (NS) at: Railroad Canyon Road (EW) Canyon Hills Road (NS) at: Railroad Canyon Road (EW) Canyon Lake Drive South (NS) at: Railroad Canyon Road (EW) Goetz Road (NS) at: "A" Street (project driveway) (EW) Canyon Lake Drive North (project Driveway) (EW) Realigned Newport Road (EW) La Ladera Road (NS) at: Existing Newport Road (EW) Berea Road (NS) at: Existing Newport Road (EW) Realigned Newport Road (EW) Murrieta Road (NS) at: Newport Road (EW) Evans Road (NS) at: Newport Road (EW) Bradley Road (NS) at: Newport Road (EW) Haun Road (NS) at: Newport Road (EW) I-215 Southbound Ramps (NS) at: Newport Road (EW) I-215 Northbound Ramps (NS) at: Newport Road (EW) As such, the proposed project is consistent with this General Plan policy. The associated conditions of approval incorporate mitigation measures identified in the traffic study, which are necessary to achieve or maintain the required level of service. 200. DRAIN AGE 1: The land divider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the Public Works Department. 201. SP209A4 IMPROVEMENTS: All roads shall be improved per the recommended General Plan designation, as approved by the County Board of Supervisors, or as approved by the Public Works Department. 202. DRAINAGE 2: The land divider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Public Works Department permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the 58 subdivider shall provide adequate drainage facilities and/or appropriate easements as approved by the Public Works Department. 203. SP209A4/WRCOG TUMF: The project proponent shall be required to pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance of a building permit, pursuant to Ordinance No. 824. 204. ORD. 460/461: With respect to the conditions of approval for the referenced tentative exhibit, the land divider shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with City adopted County Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and all conditions of approval are essential parts and a requirement occurring in ONE is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the Public Works Department. 205. OFFSITE PHASE: Should the applicant choose to phase any portion of this project, said applicant shall provide off-site access roads to City maintained roads as approved by the Public Works Department. Prior to Final Map Recordation 206. TRAFFIC SIGNAL GEOMETRICS: The intersection of Railroad Canyon Road/Goetz Road/Newport Road shall be improved to provide the following geometrics: Northbound: One left turn lane, one through/right turn lane. Southbound: Two left turn lanes, one through lane and one right turn lane. Eastbound: Two left turn lanes, two through lanes and one shared through/right turn lane. Westbound: One left turn lane, three through lanes, and one free-flow right turn lane. * intersection may require right of way in addition to typical section The intersection of Newport Road/Berea Road shall be improved to provide the following geometrics: Northbound: One left turn lane and one through/right turn lane. Southbound: One left turn lane and one through/right turn lane. Eastbound: One left turn lane, two through lanes, one through/right turn lane. 59 Westbound: One left turn lane, two through lanes, one through/right turn lane. The intersection of Newport Road/Murrieta Road shall be improved to provide the following geometrics: Northbound: One left turn lane, two through lanes and one right turn lane. Southbound: One left turn lane, two through lanes and one right turn lane. Eastbound: One left turn lane, three through lanes and one right turn lane. Westbound: One left turn lane, three through lanes and one right turn lane. The intersection of Newport Road/Bradley Road shall be improved to provide the following geometrics: Northbound: Two left turn lanes, one through lane, one through/right turn lane. Southbound: One left turn lane, one through lane, one through/right turn lane. Eastbound: Two left turn lanes, two through lanes, one through/right turn lane. Westbound: Two left turn lanes, two through lanes, one through/right turn lane. The intersection of Old Newport Road/La Ladera Road shall be improved to provide the following geometrics: Northbound: N/A Southbound: One left turn lane, one right turn lane. Eastbound: One left turn lane, one through lane. Westbound: One through, one right turn lane. The intersection of Old Newport Road/Berea Road shall be improved to provide the following geometrics: Northbound: One left turn lane, one through/right turn lane. Southbound: One left turn lane, one through/right turn lane. Eastbound: One through/left turn lane, one right turn lane. Westbound: One left turn/through/right turn lane. The intersection of Murrieta Road/Berea Road shall be improved to provide the following geometrics: Northbound: One left turn lane, one through/right turn lane. 60 Southbound: One left turn lane, one through/right turn lane. Eastbound: One left turn lane, one through/right turn lane. Westbound: One left turn/through/right turn lane. The intersection of Goetz Road/Canyon Lake Drive/Loop Road South (site access) shall be improved to provide the following geometrics: Northbound: One left turn lane, two through lanes, one right turn lane. Southbound: One left turn lane, one through lane, one through/right turn lane. Eastbound: One left turn lane, one through/right turn lane. Westbound: One left turn lane, one through/right turn lane. The intersection of Goetz Road/Loop Road North (site access) shall be improved to provide the following geometrics: Northbound: One left turn lane, one through lane, one through/right turn lane. Southbound: One left turn lane, one through lane, one through/right turn lane. Eastbound: One left turn lane, one through/right turn lane. Westbound: One left turn lane, one through/right turn lane. or as approved by the Public Works Department Any off-site widening required to provide these geometrics shall be the responsibility of the landowner/developer. 207. DEDICATIONS: 'G' Street (entry) shall be improved within the dedicated right- of -way in accordance with County Standard No. 103, Section A. (54'/84') (modified) 'B' Street (entry) shall be improved within the dedicated right-of-way in accordance with County Standard No. 103, Section A. (50'/80') (modified) 'O' Street shall be improved within the dedicated right-of-way in accordance with County Standard No. 103, Section A. (44'/66') All remaining streets shall be improved within the dedicated right-of-way in accordance with County Draft Standard No. 105, Section A (36'/56'), or per City of Menifee standard plans and specifications, as approved by the Public Works Director 208. IMPROVEMENT PLANS: Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment 61 as approved by the City of Menifee Public Works Department. Completion of road improvements does not imply acceptance for maintenance by County. 209. OFF-SITE INFO: The off-site rights-of-way required for said access road(s) shall be accepted to vest title in the name of the public if not already accepted. 210. EASEMENT/SUR: Any easement not owned by a public utility, public entity or subsidiary, not relocated or eliminated prior to final map approval, shall be delineated on the final map in addition to having the name of the easement holder, and the nature of their interests, shown on the map. 211. ACCESS RESTRICTION: Lot access shall be restricted on 'A' and 'B' Streets (as per TR 31824) and so noted on the final map. 212. STRIPING PLAN: A signing and striping plan is required for this project. The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. Traffic signing and striping shall be performed by County forces with all incurred costs borne by the applicant, unless otherwise approved by the County Traffic Engineer. 213. SOILS 2: The developer/owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of-way. 214. INTERSECTION/50’ TANGENT: All Centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50' tangent, measured from flowline/curbface or as approved by the Public Works Director / City Engineer. 215. OFF-SITE GOETZ/NEWPORT: The landowner/developer shall provide/acquire sufficient public off-site rights-of-way to provide for a paved full width access road. Said full width access road shall be constructed in accordance with County Draft Standard No. 92 (86'/ 110') (modified) for Goetz Road including a bridge over Salt Creek Channel and per County Draft Standard No. 91 (110'/ 152') for Newport Road (realigned) at a grade and alignment as approved by the Public Works Department. Should the applicant fail to provide/ acquire said full width off-site right-of-way, the map shall be returned for redesign. The applicant shall provide the appropriate environmental clearances for said full width off-site improvements prior to recordation or the signature of any street improvement plans. Said full width off-site access road shall be the southerly extension of Goetz Road including a bridge over Salt Creek Channel to Railroad Canyon Road/ Newport Road (realigned) Newport Road and the easterly extension of Newport Road (realigned) to Murrieta Road, or as approved by the City of Menifee Public Works Director. 216. STREET SWEEPING: The project proponent shall contact the County Service Area (CSA) Project Manager to file an application for annexation or inclusion into CSA for street sweeping; or enter into a similar mechanism as approved by the Public Works Department. 62 217. STREETLIGHT PLAN: A separate street light plan is required for this project. Street lighting shall be designed in accordance with City standards and specifications. For projects within SCE boundaries use City standards, Standard No's 1000-1006. For projects within Imperial Irrigation District (IID) use IID's pole standard. 218. ONSITE AND OFFSITE PUBLIC STREET LIGHTS OWNERSHIP AND MAINTENANCE – All proposed public street lights shall be designed in accordance with City approved standards and specifications, as determined and approved by the PW Director. Unless determined otherwise by the PW Director/City Engineer, the City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and therefore shall be provided with adequate service points for power. The design shall be incorporated in the project’s street improvement plans or in a separate street light plan or as determined and approved by the PW Director. 219. 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. 220. R&BBD: Prior to the recordation of the final map, or any phase thereof, the project proponent shall pay fees in accordance with Zone B of the Menifee Valley Road and Bridge Benefit District. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the County, deferring said payment to the time of issuance of a building permit. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit. 221. STREET NAME SIGN: The land divider shall install street name sign(s) in accordance with County Standard No. 816 as directed by the Public Works Department. 222. OFF-SITE ACCESS 1: The landowner/developer shall provide/acquire sufficient public off-site rights-of-way to provide for two paved access roads to a paved and maintained road. Said access roads shall be constructed in accordance with County Standard No. 106, Section B (32'/60') at a grade and alignment as approved by the Public Works Department. Should the applicant fail to provide/acquire said off-site right-of-way, the map shall be returned for redesign. The applicant shall provide the appropriate environmental clearances for said off-site improvements prior to recordation or the signature of any street improvement plans. Said off-site access road shall be the westerly extension of Street 'A' (per Tract 31824) to Goetz Road. Said off-site access road shall be the southwesterly extension Street 'B' (per Tract 31824) to Goetz Road, the southerly extension of Goetz Road to Newport 63 Road (realigned) and the easterly extension of Newport Road (realigned) to Murrieta Road. 223. UTILITY PLAN: Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with ordinance 460 and 461, or as approved by the Public Works Department. The applicant is responsible for coordinating the work with the serving utility company. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. A written proof for initiating the design and/or application of the relocation issued by the utility company shall be submitted to the Public Works Department for verification purposes. 224. ACCEPTANCE OF PUBLIC ROADWAY DEDICATION AND IMPROVEMENTS: Easements and right-of way for public roadways shall be granted to the City of Menifee through final map, or other acceptable recordable instrument. Prior to Building Permit Issuance 225. GARAGE DOORS: Garage door setbacks for all residential zones shall be 24 feet for a conventional door or 20 feet for a roll-up door, measured from the back of the sidewalk to the face of garage door or the face of the curb if no sidewalk is required, or 20 feet from the street right-of-way, whichever setback is greater. 226. Encroachment Permits: The developer/property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way. 227. Improvement Bonds: Prior to issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall post acceptable bonds or security to guarantee the construction of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes (See also bond agreement condition under General Conditions). Prior to Certificate of Occupancy 228. DRIVEWAYS AND DRIVEWAY APPROACHES – Driveways and Driveway Approaches shall be designed and constructed per City of Menifee No. 208. The modified County of Riverside standard 207A may be used as determined by the Public Works Director/City Engineer. Prior to issuance of Certificate of Occupancy, the proposed driveway as shown on the proposed Plot Plan shall be constructed. Additional driveways will only be permitted upon approval by the City Public Works Director/City Engineer. 229. TRAFFIC SIGNAL INSTALLATION: The project proponent shall be responsible for the construction and installation of traffic signals at the following 64 locations: - Newport Road/Berea Road - Old Newport Road/La Ladera Street - Goetz Road/Loop Road North (site access) - Goetz Road/Canyon Lake Drive North/Loop Road South (site access) with no fee credit given for traffic signal mitigation fees. - Newport Road/Goetz Road - Newport Road/Murrieta Road with fee credit eligibility. The project proponent shall contact the Public Works Department and enter into an agreement for signal mitigation fee credit or reimbursement prior to start of construction of the signals(s), at the discretion of the City of Menifee Public Works Director. 230. 80% COMPLETION: Occupancy releases will not be issued to Building and Safety for any lot exceeding 80% of the total recorded residential lots within any map or phase of map prior to completion of the following improvements: a) Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. b) Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All curbs, gutters, sidewalks and driveway approaches shall be installed. c) Storm drains and flood control facilities shall be completed according to the improvement plans and as noted elsewhere in these conditions. Written confirmation of acceptance for use by the Flood Control District, if applicable, is required. d) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required. e) Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. f) Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with County Ordinance 461. 231. WRCOG TUMF: Prior to the issuance of an occupancy permit, the project proponent shall pay the Transportation Uniform Mitigation Fee (TUMF) in 65 accordance with the fee schedule in effect at the time of issuance, pursuant to Ordinance No. 824. 232. STREET SWEEPING: Street sweeping annexation or inclusion into CSA or similar mechanism as approved by the Public Works Department shall be completed. 233. STREET LIGHTS – CSA/L&LMD - The property owner shall ensure that there is funding mechanism to pay for the operation and maintenance of new public street lights to be maintained by the City. If the project is already within the boundaries of a funding entities such as a CSA or L&LMD, the property owner shall provide proof of such to the PW Engineering Department. Otherwise the project is required to annex into a similar City administered Community Facilities Maintenance District (CFD) to provide these services. 234. STREET LIGHTS INSTALL: Prior to final Building Inspection or Issuance of Certificate of Occupancy, install streetlights along the streets associated with this development in accordance with the approved street lighting plan or improvement plans, and City standards, conditions of approval for street lights, or County Ordinances 460 and 461 as approved by the PW Director/City Engineer. It shall be the responsibility of the developer to ensure that streetlights are energized along the streets of those lots where the developer is seeking Building Final Inspection, or Issuance of Certificate of Occupancy. 235. UTILITY INSTALL: Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with ordinance 460 and 461, or as approved by the Public Works Department. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A certificate should be obtained from the pertinent utility company and submitted to the Public Works Department as proof of completion. 236. SIGNING AND STRIPING PLAN – Prior to issuance of a construction permit, any necessary signing and striping plan shall be approved by the City Traffic Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. 237. CONSTRUCTION TRAFFIC CONTROL PLAN - Prior to start of any project related construction, the developer/property owner may be required to submit to the Public Works Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right of way during construction. The plan shall specify the following mitigation measures to address the following: 66 a. Dust and dirt fallout from truck loads and gets entrained onto City roadways: (1) Biweekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets. c. Traffic safety within the road right-of-way: Include temporary traffic control measures and devices. D. NPDES and WQMP All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 238. Trash Enclosures Standards and Specifications – Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e) The enclosure area shall be protected from receiving direct rainfall or run- on from collateral surfaces. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. 67 b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. Prior to Issuance of Grading Permit 239. Final Project Specific Water Quality Management Plan (Final WQMP) – Prior to issuance of a grading permit, a FINAL project specif ic WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: Hydrology/hydraulics report Soils Report that includes soil infiltration capacity Limited Phase II Environmental Site Assessment (ESA) Report, as maybe required by a City approved Phase I ESA Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. 240. REVISING THE FINAL WQMP – In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the PW Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. 241. WQMP Right of Entry and Maintenance Agreement – Prior to, or concurrent with the approval of the FINAL WQMP, the developer/property owner shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. 242. Final Project Specific Water Quality Management Plans (WQMP) for Phased Maps – Prior to issuance of a grading permit for any map phase, a FINAL project specific WQMP for each map phase shall be reviewed and approved by the PW Engineering Department. The final WQMP shall be in substantial conformance with the previously approved Preliminary WQMP for the TTM 31822. Each WQMP maybe a stand-alone plan for each phase, or 68 part of one WQMP approved for TTM31822, provided the approved WQMP for TTM31822 addresses the generated runoff from each map phase independent of each other. The project specific WQMP shall be reviewed and approved by the PW Department, following the latest WQMP guidelines issued by the Regional Water Quality Control Board. 243. WQMP Right of Entry and Maintenance Agreement for Phased Maps- Prior to, or concurrent with the approval of the Final Project Specific WQMP for each map phase, the developer and record property owner of each map phase shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to Issuance of Certificate of Occupancy 244. WQMP/BMP Education – Prior to issuance of Certificate of Occupancy, the developer/project owner shall provide the City proof of notification to future occupants of all non-structural BMP’s and educational and training requirements for said BMP’s as directed in the approved WQMP. Acceptable proof of notification must be in the form of a notarized affidavit at the minimum. The developer may obtain NPDES Public Educational Program materials from the Riverside County Flood Control and Water Conservation District's (District) NPDES Section by either the District's website www.floodcontrol.co.riverside.ca.us. The developer must provide to the PW Engineering Department a notarized affidavit stating that the distribution of educational materials to future homebuyers has bee completed prior to issuance of occupancy permits. A copy of the notarized affidavit must be placed in the WQMP. The PW Engineering Department MUST be provided with the original notarized affidavit with plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 245. Inspection and Completion of WQMP BMP Installation - Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and/or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site for in a City maintained database for future periodic inspection. 246. BMP Maintenance & Inspection – If the development is establishing a Homeowners Association (HOA The CC&R's for the development's Homeowners Association (HOA) shall contain inspection provisions for any privately owned treatment control BMPs, and if required, cleaned no later than any major rain event. The CC&R's shall identify the entity that will inspect and 69 maintain all privately owned structural BMP's wit hin the project boundaries. A copy of the CC&R's shall be submitted to the PW Engineering Department for review and approval. 247. Completion of WQMP BMPs and Facilities for Phased Maps– Prior to issuance of any Certificate of Occupancy for any map phase, all structural BMPs and/or WQMP Facilities required by the approved Final Project Specific 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. E. AUDIE MURPHY RANCH (AMR) COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2012-1 248. Prior to City incorporation, this development was conditioned to annex into the Riverside County Transportation and Land Management Agency (TLMA) Consolidated Landscape and Lighting Maintenance District (L&LMD and the Riverside County Economic Development Agency’s (EDA) County Service Area (CSA) to ensure funding mechanisms are in place to pay for maintenance of public streetlights, landscaping, traffic signals, and street sweeping. Upon City incorporation, annexations into these Districts are no longer considered by both the TLMA and the EDA. To meet these conditions and ensure funding mechanisms are in place for the needed services, the AMR development established its own Community Facilities Maintenance District (CFD) No. 2012- 1.Tract 31822 is within the boundaries of the AMR development and is therefore subject to the special taxes under CFD 2012-1. The development is proposing construction of certain facilities that will eventually become public, or provision of certain public services. These may include maintenance and operation of water quality basins, street sweeping, landscaped areas, streetlights, and graffiti abatement. CFD 2012-1 will provide the funding mechanism for these services provided sufficient revenues are generated from the proposed residential units. Prior to final acceptance of improvements into the CFD maintenance program, a CFD revenue and expenditures analysis shall be completed to ensure the viability of the AMR CFD. 249. Annexation to Citywide Community Facilities District (CFD) for Public Safety - Prior to, or concurrent with the recordation of the final map, the developer/property owner shall complete the annexation of the proposed development into the future City of Menifee Community Facilities District (CFD) for Public Safety, currently in formation. The developer/property owner shall be responsible for all costs associated with the annexation of the proposed development into the Public Safety CFD. 70 250. Public Safety CFD Annexation Agreement - In the event the timing of this development prevents the developer/property owner from complying with the above condition of approval for annexation into the Public Safety CFD, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the recordation of a final map but prior to issuance of any Certificates of Occupancy for the development. The developer shall be responsible for all costs associated with the preparation and approval of the CFD annexation agreement. The agreement shall be approved by the City Attorney and City Council prior to final map recordation. 251.249. Landscape Improvement Plans for CFD Maintenance – Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plans for review and approval by the PW Engineering Department. The plans may be prepared for each map phase or as one plan for the entire development as determined by the PW Director. When necessary as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit. 252.250. Parkway Landscaping Design Standards - The parkway areas behind the street curb within the public’s right-of-way, shall be landscaped and irrigated per City standards and guidelines. 253.251. CFD Landscape Guidelines and Improvement Plans – All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the PW Engineering Department prior to issuance of a construction permit. 254.252. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained by the AMR CFD 2012-1 shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. 71 Section V: Riverside County Fire Department Conditions of Approval 72 General Conditions 255.253. 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. 256.254. 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. 257.255. Adverse Impacts. The proposed project will have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures and population. The project proponents/developers shall participate in the Development Impact Fee program as adopted by the City of Menifee to mitigate a portion of these impacts. This will provide funding for capital improvements, such as land/equipment purchases and fire station construction. The Fire Department reserves the right to negotiate developer agreements associated with the development of land and/or construction of fire facilities to meet service demands through the regional integrated fire protection response system. 258.256. Water Mains. All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of City of Menifee Ordinance No. 460 (Subdivisions) and/or No. 787 (Fire Code), subject to the approval by the Riverside County Fire Department. 259.257. Hydrant/Spacing. Schedule A fire protection approved standard fire hydrants, (6" x 4" x 2½") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1,000 GPM for 2- hour duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 660 feet apart. 260.258. Hazardous Fire Area. The Specific Plan is located in the "Hazardous Fire Area" of Riverside County as shown on a map on file with the Clerk of the Board of Supervisors. Any building constructed on lots created by this project shall comply with the special construction provisions contained in City of Menifee Ordinance No. 787 (Fire Code). 261.259. Open Space. Prior to approval of any development for lands adjacent to open space areas, a fire protection/vegetation management (fuel modification) plan shall be submitted to the Riverside County Fire Department for review and approval. The Homeowner's Association or appropriate management entity shall be responsible for maintaining the elements to the plan. 73 Prior to Final Map 262.260. ECS - Roofing Material. The ECS map must be stamped by the Riverside County Surveyor with the following note: All buildings shall be constructed with class "A" material as per the California Building Code. 263.261. ECS – Fuel Modification. ECS map must be stamped by the Riverside County Surveyor with the following note: Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following items: a) Fuel modification to reduce fire loading. b) Appropriate fire breaks according to fuel load, slope and terrain. c) Non flammable walls along common boundaries between rear yards and open space. d) A homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within the open space areas. Said fuel modification areas shall include Lots 158, 159, 161, 162, 262, 263, 278, 279, 293, and 294 on the north side of the tract if no development records prior to entitlement of this tract occurs. Fuel modification area shall be required on the south side on areas adjacent to the Salt Creek Channel for Lots 28-43. This condition may be deferred if proof of the fuel modification plan is progress. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVE CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER CONSERVATION AGENCY. 264.262. Water Plans. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 265.263. ECS - Water System Installed Prior to Bldg. ECS map must be stamped by the Riverside County Surveyor with the following note: The required water system and all-weather paved access, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material for production status placed on an individual lot. 266.264. Secondary Access. In the interest of Public Safety, the project shall provide an Alternate or Secondary Access(s). Said Alternate or Secondary Access(s) shall have concurrence and approval of both the Transportation Department and the Riverside County Fire Department. 74 Prior to Issuance of Grading Permit 267.265. Fuel Modification. Prior to the issuance of a grading permit, the developer shall prepare and submit to the Fire Department for approval a fire protection/vegetation management that should include, but not limited to, the following items: a) fuel modification to reduce fire loading; b) appropriate fire breaks according to fuel load, slope and terrain; c) non-flammable walls along common boundaries between rear yards and open space; and d) a homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within open space areas. Lots affected by this condition on the north side of the development are: 158,159,161,162,262,263,278,279,293 and 294 of amended map #2. Lots affected by this condition on the south side of the development are: 2843 along the Salt Creek Channel of amended map # 2. This condition may be deferred if proof of submission or development are submitted for approval. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVE CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER CONSERVATION AGENCY Prior to Issuance of Building Permit 268.266. Tract Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface and all access primary and/or secondary. Approved water plans must be on the job site. 269.267. Bonded to Record Early. If request is made in writing, the Fire Department will review provided an approval is received from the public water agency having jurisdiction that the amounts are appropriate for the installation of the water system. 270.268. Sprinkler System Residential. Residential fire sprinklers are required in all one and two family dwellings per the California Residential code, California Building Code and the California Fire Code. Install Fire Sprinkler Systems per NFPA 13D, 2010 Edition. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. Prior to Final Inspection 75 271.269. Sprinkler System Residential. Residential fire sprinklers are required in all one and two family dwellings per the California Residential code, California Building Code and the California Fire Code. Install Fire Sprinkler Systems per NFPA 13D, 2010 Edition. Installation of the fire sprinklers will be verified prior to issuance of occupancy. 76 Section VI: Riverside County Environmental Health Conditions of Approval 77 General Conditions 272.270. 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. 273.271. Retention Basins. Any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisance. Prior to Final Map 274.272. Water System. A water system shall have plans and specifications approved by Eastern Municipal Water District, the City Engineering Department, and the Department of Environmental Health. 275.273. Financial Arrangements. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 276.274. 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. 277.275. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. Prior to Issuance of Grading Permit 278.276. Hazmat Phase II. A Phase II Environmental Assessment is required to be completed for pesticides or other hazardous materials used on the property. The results must be reviewed by Haz Mat to verify that the levels are below hazardous waste criteria. If there are questions regarding the number of samples or other requirements, contact Doug Thompson at (951) 358-5055. 78 Section VII: Riverside County Environmental Programs Department Conditions of Approval 79 Prior to Issuance of Grading Permit 279.277. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP), within 30 days prior to the issuance of a grading permit, a pre-construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the City of Menifee Community Development Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 15) by a qualified biologist shall be required. The City shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. If the site is not precise graded within six (6) months of the rough and/or mass grading of the site, or if construction and/or disturbance of the site is suspended for a period of six (6) months or more, a new survey shall be required. 80 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) 81