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PC16-277Page 1 of 18 EXHIBIT “1” Conditions of Approval for Tentative Parcel Map No. 37103 (Planning Application Tentative Parcel Map No. 2015-177) Schedule ‘E’ Subdivision Section I: Conditions applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Page 2 of 18 Section I: Conditions Applicable to all Departments Page 3 of 18 General Conditions 1. Project Description. Tentative Parcel Map No. 2015-177 (Tentative Parcel Map No. 37103) proposes a Schedule ‘E’ Commercial Parcel Map of 5.03 gross acres into two (2) parcels (Parcel 1 = 4.38 gross acres; Parcel 2 = 0.65 gross acres). The site is located on the northwest corner of the intersection of Newport Road and Bradley Road (APN: 338-170-013). 2. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Parcel Map No. 36998 shall be henceforth defined as follows: TENTATIVE MAP = Tentative Parcel Map No. 37103, dated 07/19/16, (Planning Application No. 2015-177) FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. 3. Ninety (90) Days. The permittee has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 4. 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. 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. 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 Page 4 of 18 financing districts to cover the costs of maintenance of improvements constructed by development, Permitee 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. The permitee acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Comply with Ordinance No. 460. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule E, unless modified by the conditions listed herein. 7. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the City of Menifee Planning Commission’s original approval date, unless extended as provided pursuant to the, Subdivision Map Act, Ordinance No. 460 or subsequent ordinance adopted by the City. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires before the recordation of the final phase, no further FINAL MAP recordation shall be permitted. 8. No Building Permits. Planning Application Tentative Parcel Map No. 2015- 177 (TPM 37103) is for a Schedule ‘E’ subdivision. No building permits shall be issued pursuant to this subdivision. Page 5 of 18 Section II: Community Development Department Conditions of Approval Page 6 of 18 General Conditions 9. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way and so as to prevent either the spillage of lumens or reflection into the sky. 10. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not including on-site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. 11. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this parcel map as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 12. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No storage lockers, sheds, metal container bins, or metal shipping containers (excluding containers for recycling centers) will be allowed to be stored outside unless first reviewed and approved by the Community Development Department. 13. Hazardous Materials. Hazardous materials are not accepted at Riverside County landfills. In compliance with federal, state, and local regulations and ordinances, any hazardous waste generated in association with the project shall be disposed of at a permitted Hazardous Waste disposal f acility. Hazardous waste materials include, but are not limited to, paint, batteries, oil, asbestos, and solvents. For further information regarding the determination, transport, and disposal of hazardous waste, please contact the Riverside County Department of Environmental Health, Environmental Protection and Oversight Division, at 1-800-722-4234. 14. Recreational Vehicle Parking. No overnight recreational vehicle parking or camping will be allowed within the site. 15. Outdoor Events/Temporary Uses. A temporary use permit, shall be required for outdoor events and/or temporary uses as described in Menifee Municipal Code Chapter 9.6 and include, but not limited to, Farmer’s Markets, art and car shows, and sidewalk sales. Landscaping 16. The project shall replace all missing trees located within existing tree wells located in the parking lot at the commercial center on Parcel 1. Existing Magnolia trees located along the drive aisle aligned with the Newport Road entrance shall be removed and new trees shall be installed in accordance with the landscape plans on file with the City of Menifee or as determined by the Community Development Director. Purple Leaf Plum trees removed from the Newport Road entrance to the center shall be replaced with new Purple Leaf Plum trees or another species of accent tree as determined by the Community Development Director. Page 7 of 18 Fees 17. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to final map, grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 13-320 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Final Map 18. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the developer/owner shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460. 19. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 20. On-site Maintenance. PRIOR TO MAP RECORDATION, the procedures for common area maintenance procedures and responsibility for areas including, but not limited to the common recreation, open space, circulation systems, detention basin, and landscaped areas on-site will be incorporated into the CC&Rs, discussed in more detail in the below condition. 21. CCR’s Private Common Area. PRIOR TO MAP RECORDATION the applicant shall notify the Community Development Department that the following documents shall be submitted to the City Attorney and submit said documents for review along with the current fee, which shall be subject to City Attorney approval: a. A cover letter identifying the project for which approval is sought and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; b. A signed and notarized declaration of covenants, conditions and restriction. 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. A deposit fee for Review if Covenants, Conditions and Restrictions established pursuant to the City fee schedule at the time the above- referenced documents are submitted for City Attorney review. Page 8 of 18 The declaration of covenants, conditions and restrictions submitted for review shall: 1. provide for a minimum term of 60 years, d. The declaration of CC&Rs shall contain the following provisions: 1. "Notwithstanding, any provision in this Declaration to the contrary, the following provisions shall apply: The parties to the Declaration established herein shall manage and continuously maintain their own 'common area', as more particularly described on the Tentative Map which is attached hereto, and shall not sell or transfer the 'common area' or any part thereof, absent the prior written consent of the Community Development Director of the City of Menifee. This Declaration shall not be terminated, 'substantially' amended, or property de-annexed there from absent the prior written consent of the Community Development Director of the City of Menifee. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' established pursuant to this Declaration. 2. The City of Menifee is an express third party beneficiary of the covenants, conditions, restrictions, easements and servitudes provided in this Declaration. Accordingly, the City has the continuing right, but not the obligation, to enforce any provisions of this Declaration Once approved, the copy and the original declaration of CC&Rs shall be forwarded by the City Attorney and the Planning Division. The Planning Division 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. 22. Reciprocal Access. Prior to map recordation, reciprocal access shall be established across all lots for appropriate on-site circulation and access to and from Newport Road and Bradley Road for the project site between parcels. 23. Dark Sky Ordinance. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by the Menifee Municipal Code Chapter 6.01, the “Dark Sky Ordinance”, 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 the Dark Sky Ordinance.” Page 9 of 18 24. Survey Checklist. The Engineering Department shall review any FINAL MAP and ensure compliance with the following: a. All parcels 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 comply with the length to width ratios, as established by Section 3.8.C. of Ordinance No. 460. c. The total number of parcels on the final map shall be two (2). Fees 25. Fees. Prior to recordation, the Planning 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. Section III: Engineering/Transportation/ Grading Conditions of Approval Page 10 of 18 Page 11 of 18 The following are 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 ref erred 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, specifications 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: 26. Tentative Parcel Map 37103 (TPM 37103) is processed under Planning application PM 2015-177, for which these Conditions of Approval (COA) are imposed. 27. The development shall comply with the State of California Subdivision Map Act and all applicable City ordinances and resolutions. 28. Purpose of TPM 37103 – Tentative Parcel Map (TPM) 37103 is a proposed subdivision of 5.03 gross acres into two parcels for financing and land conveyance purposes only. No infrastructure improvements, building and/or grading permits shall be constructed or issued for the two Lots created by this parcel map. 29. 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. ACAD files 2010 or later are required for all final maps upon approval. 30. Capital Improvement Project. The Property Owner(s) will be required to submit a fair share contribution for a 2-inch grind and overlay with rubberized AC paving for the Parcel Map frontage along Newport Road if and only if the City of Menifee has not completed this work, currently part of PMP16-01, within two years of the approval of this Parcel Map. The fair share contribution shall be based upon capital improvement unit costs estimated at the time of the Newport Rehabilitation Project, PMP1601 bid. Prior to Final Map Recordation 31. Right-of-Way Dedication. Newport Road – An Irrevocable Offer of Dedication (IOD) shall be granted for the additional right-of-way needed to meet the Urban Arterial – 6 Lane Divided designation (76-foot half width right-of-way) per the City of Menifee General Plan Circulation Element, Exhibit C-2 and C-3. This Right-of-way shall include the existing Easement for Public Roads, Drainage and Incidental Purposes Granted to the County of Riverside, recorded September 12, 1989, Instrument No. 89-312692. The Property Owner(s) will not be required to design or construct any infrastructure, including but not limited to roadway, curbs, gutters and sidewalks, related to this right-of-way dedication as part of this Parcel Map. Page 12 of 18 32. Right-of-Way Dedication. Bradley Road – An Irrevocable Offer of Dedication (IOD) shall be granted for the additional right-of-way needed to meet the Secondary – 4 Lane Undivided designation (50-foot half width right-of-way) per the City of Menifee General Plan Circulation Element, Exhibit C-2 and C-3. The Property Owner(s) will not be required to design or construct any infrastructure, including but not limited to roadway, curbs, gutters and sidewalks, related to this right-of-way dedication as part of this Parcel Map. 33. Submit Plans: Any required plans, (i.e. final map, environmental constraint sheet and any other necessary documentation) shall be submitted to the PW Engineering Department for review. The plans must receive PW Engineering Department approval prior to final map recordation. All submittals shall be date- stamped by the engineer and include a completed City Fee Worksheet with the appropriate plan check fee deposit. 34. Bond Agreements and Improvement Security – Prior to recordation of the final map, the developer/property owner shall post bonds or security in forms acceptable to the City, guaranteeing survey monumentation required with the final map. The security shall be in accordance with applicable City policies and ordinances, and as determined by the Public Works Director/City Engineer. Page 13 of 18 Section IV: Riverside County Fire Department Conditions of Approval Page 14 of 18 General Conditions 35. 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 permit number (15-MENI-PM-177) is required on all correspondence. Additional information is available at our website: www.rvcfire.org. 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 36. City Case Statement. The Riverside County Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: a. Fire Flow. Provide or show there exists a water system capable of delivering fire flow as required by California Fire Code and Riverside County Fire Department standards. b. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. c. Prior to issuance of building permits, the fire protection water system must be provided as approved by the Fire Department and the local water authority. d. Blue dot reflective pavement markers shall be installed on private and public streets and driveways to indicate location of the fire hydrant, and shall be in accordance with Riverside County Fire Department Standard 06-11. e. Fire Apparatus access road(s) shall be in compliance with the Riverside County Fire Department Standard number 06-05. Access roads shall have an unobstructed vertical clearance of not less than 13 feet, 6 inches. Access lanes shall be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all-weather driving capabilities. f. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turnaround capabilities of fire apparatus. Page 15 of 18 g. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. h. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12” in height for building(s) up to 25’ in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. i. Fire protection systems, including fire sprinkler systems, fire alarm systems, fixed extinguishing systems, etcetera, may be required depending on building construction and intended use per California Building Code, California Fire Code, and Riverside County Fire Department Standards. j. Gate(s) shall be automatic or manually operated. Install Knox key operated switches, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. k. This building has not been reviewed or approved for high pile/rack storage. Prior to such use, building(s) shall be approved for high-piled storage (materials in closely packed piles or on pallets, or in racks where the top of storage exceeds 12 feet in height, 6 feet for Group A plastics and certain other hazardous commodities) or aerosols products. High-piled and aerosol stock shall be approved by the Fire Department prior to materials being stored on site. A licensed Fire Protection Engineer or a Fire Department approved consultant must prepare plans for high-piled storage or aerosol storage in accordance with the 2013 CFC and NFPA 13, 2013 Edition. Page 16 of 18 Section V: Riverside County Environmental Health Conditions of Approval Page 17 of 18 General Conditions 37. Potable Water and Sanitary Sewer. All parcels of the subdivision are proposing to receive potable water and sanitary sewer from Easter Municipal Water District (EMWD) As the agency providing sewer service, EMWD shall also have the responsibility to implement any grease interceptor requirements, including sizing capacity and minimum structural specifications if necessary. All existing septic systems and/or wells shall be properly removed or abandoned under permit with Department of Environmental Health. Prior to any further project approval on Parcel 2, additional clearance from the Department of Environmental Health will be required. Page 18 of 18 END OF CONDITIONS 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).