PC17-298Exhibit “1”
Conditions of Approval for
Tentative Tract Map No. 37102
(Planning Application No. 2016-038)
for a Residential Subdivision of 6.03 Gross Acres
into
21 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
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Section I:
Conditions Applicable to all
Departments
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General Conditions
1. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative Tract Map No. 37102 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. 2016-038, dated November 2,
2016.
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. 2016-038 (Tentative Tract Map
No. 37102) proposes a Schedule A subdivision to subdivide 6.03 gross acres
into 21 single-family residential lots with a minimum lot size of 7,200 square
feet. A Schedule “A” subdivision consists of any division of land into five (5) or
more parcels, where any parcel is less than 18,000 square feet in net area.
The project also includes the approval of rain gardens in the front of each lot
that are included for water quality purposes and to satisfy the requirements of
Riverside County’s NPDES Storm Water Permit. The rain gardens are small,
depressed planted areas that collect storm water runoff from impervious
surfaces so that it has the opportunity to infiltrate back into the ground water
using the earth as a natural filter.
A maximum 13 foot combination block/retaining wall that will be located at the
rear of Lots 17-21 along Valley Boulevard is also included as a part of the
project. The wall will ensure that the required minimum lot size of 7,200 square
feet will be maintained for Lots 17-21. The wall will be required to be
landscaped in an effort to lessen the impact of the 13 foot wall.
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.
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4. Ninety (90) Days to Protest. The land divider has ninety (90) days from the
date of approval of these conditions to protest, in accordance with the
procedures set forth in Government Code Section 66020, the imposition of any
and all fees, dedications, reservations and/or other exactions imposed on this
project as a result of the approval or conditional approval of this project.
5. Newly Incorporated City. The City of Menifee is a new City incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. In
the future the City of Menifee will identify and put in place various processing
fees to cover the reasonable cost of the services provided. The City also will
identify and fund mitigation measure under CEQA through development impact
fees. The developer understands and agrees to pay such fees.
Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services, and
development impact fees to mitigate the impact of the development proposed
on public improvements. To the extent that Menifee may develop future
financing districts to cover the costs of maintenance of improvements
constructed by development, Developer agrees to petition for formation of,
annexation to or inclusion in any such financing district and to pay the cost of
such formation, annexation or inclusion.
6. Mitigation Monitoring Plan. The developer shall comply with the mitigation
monitoring plan (incorporated within these Conditions of Approval).
7. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the City of Menifee City Council 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.
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Section II:
Community Development
Department
Conditions of Approval
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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 MMC 9.76. No offsite subdivision signs advertising this land
division/development are permitted, other than those allowed under Menifee
Municipal Code Chapter 9.76. 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. Design Guidelines. The land divider shall comply with the Riverside County
“Countywide Design Standards and Guidelines”. The Design Guidelines can
be found at the following web address:
http://planning.rctlma.org/DevelopmentProcess/DesignGuidelines.aspx.
11. 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.
12. Residential Development Standards.
The design standards for R-1 zoning classification are as follows:
a. Lots created by this map shall conform to the design standards of the
R-1 zone.
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b. The front yard shall be not less than 20 feet, measured 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.
c. 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. Side yards on
corner and reversed corner lots shall be not less than ten feet 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 building sides, except that where the lot is less
than 50 feet wide the yard need not exceed 20 percent of the width of
the lot.
d. The minimum average width of that portion of a lot to be used as a
building site shall be 60 feet with a minimum average depth of 100
feet. That portion of a lot used for access on flag lots shall have a
minimum width of 20 feet.
e. The rear yard shall not be less than ten feet.
f. The minimum frontage of a lot shall be 60 feet, except that lots
fronting on knuckles or cul-de-sac may have a minimum frontage of
35 feet. Lot frontage along curvilinear streets may be measured at the
building setback in accordance with zone development standards.
g. Building height shall not exceed three stories, with a maximum height
of 40 feet.
h. Lot area shall be not less than 7,200 square feet. The minimum lot
area shall be determined by excluding that portion of a lot that is used
solely for access to the portion of a lot used as a building site.
i. Lot Coverage: In no case shall more than 50% of any lot be covered
by dwelling.
Except as allowed by Ordinance No. 348, there shall be no encroachment into
the setback.
13. Construction Hours. Any construction within the city located within one-fourth
mile from an occupied residence shall be permitted Monday through Saturday,
except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no
construction permitted on Sunday or nationally recognized holidays unless
approval is obtained from the City Building Official or City Engineer..
14. 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 General Plan as filed in the office of the City of
Menifee Community Development Department, unless otherwise amended.
15. 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.
16. Reclaimed Water. The permittee shall install purple pipes and connect to a
reclaimed water supply for landscape watering purposes when secondary or
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reclaimed water is made available to the site as required by Eastern Municipal
Water District.
FEES
17. 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
18. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin.
Further, pursuant to Public Resource Code Section 5097.98(b) remains shall
be left in place and free from disturbance until a final decision as to the
treatment and disposition has been made. If the Riverside County Coroner
determines the remains to be Native American, the Native American Heritage
Commission shall be contacted within the period specified by law (24 hours).
Subsequently, the Native American Heritage Commission shall identify the
"most likely descendant." The most likely descendant shall then make
recommendations and engage in consultation concerning the treatment of the
remains as provided in Public Resources Code Section 5097.98. Human
remains from other ethnic/cultural groups with recognized historical
associations to the project area shall also be subject to consultation between
appropriate representatives from that group and the Property Owner.
19. 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
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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.”
20. Native American Monitoring (Soboba). 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 Soboba 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
exceeds Federal Curation Standards outlined in 36 CFR 79. The
Applicant/Permittee shall be responsible for all curation costs.
21. Inadvertent Paleontological Find. Should fossil remains be encountered
during site development:
1) All site earthmoving shall be ceased in the area of where the fossil
remains are encountered. Earthmoving activities may be diverted to
other areas of the site.
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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
22. 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.
23. 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).
24. Front and Side Yard Landscaping Maintenance Responsibility. The
owners of each individual lot shall be responsible for maintaining all
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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.
25. 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
26. 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.
27. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land
surveyor or registered civil engineer.
28. 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 7,200 sq.
ft.
c. All lot sizes and dimensions on the FINAL MAP shall be in
conformance with the development standards of the R-1 zone, and
with the City of Menifee General Plan.
d. All lots on the FINAL MAP shall comply with the length to width ratios,
as established by Section 3.8.C. of 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.
29. ECS. The land divider shall prepare an Environmental Constraints Sheet
(ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which
shall be submitted as part of the plan check review of the FINAL MAP. A note
shall be placed on the FINAL MAP “Environmental Constraint Sheet affecting
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this map is on file at the City of Menifee Public Works and Engineering
Department, in E.C.S Book ___, Page ___.
30. 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.”
31. 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, water quality basins, open
space, and landscaped areas.
The organization may be public (anticipated to be CFD 2015-2) 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.
32. 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 2015-2) 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/or maintained by a public organization include, but
are not limited to parks, paseos, and expanded parkway landscaping. These
areas are anticipated to include:
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Rights-of-way landscaping (along Ridgemoor Road and Valley
Boulevard) of Tract Map No. 37102 (as shown on the Tentative Map);
and
BMPs within Home Owner front yards
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:
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
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assessment lien, once created, shall be prior to all other liens recorded
subsequent to the notice of assessment or other document creating the
assessment lien.
This declaration shall not be terminated, 'substantially' amended, or
property de-annexed therefrom absent the prior written consent of the
Community Development Director of the City of Menifee or the City's
successor-in-interest. A proposed amendment shall be considered
'substantial' if it affects the extent, usage or maintenance of the 'common
area' established pursuant to this Declaration.
In the event of any conflict between this Declaration and the Articles of
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.
33. Maintenance Exhibit. Prior to map recordation, the developer shall prepare
an exhibit that shows all open space lot/areas within the tract and the
maintenance entity for each lot or area. The exhibit shall be reviewed and
approved by the Community Development Department and Public Works and
Engineering Department.
FEES
34. Fees. Prior to recordation, the Community Development Department shall
determine if the deposit based fees for the TENTATIVE MAP are in a negative
balance. If so, any unpaid fees shall be paid by the developer/owner and/or the
developer/owner's successor-in-interest.
Prior to Issuance of Grading Permits
35. 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.
36. 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.
37. 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
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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 6.03 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.
38. 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
for review and approval by the Environmental Programs 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.
39. Nesting Bird Survey. If grading is to occur during the nesting season
(February 15 – August 31), a nesting bird survey shall be conducted within
three (3) days prior to grading permit issuance. This survey shall be conducted
by a qualified biologist holding an MOU with Riverside County. The findings
shall be submitted to the City of Menifee Community Development Department
for EPD to review and approve prior to issuance of any grading permit.
40. 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.
41. Construction Noise Mitigation. The developer shall comply with the
recommendations of the Noise Impact Analysis. The Noise Impact Analysis
was prepared by Giroux and Associates for this project (TR 2016-038) and is
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entitled “Noise Impact Analysis, Tentative Tract Map No. 37102, Menifee,
California,” dated July 18, 2016-(Project # P16-022 N). Based on the finding of
the Department of Environmental Health, Office of Industrial Hygiene, the
following recommendations shall be implemented:
a. No construction activities shall be undertaken between the hours of 6:00
p.m. and 6:00 a.m. during the months of June through September and
between the hours of 6:00 p.m. and 7:00 a.m. during the months of
October through May.
b. During all project site excavation and grading on-sire, construction
contractors shall equip all construction equipment, fixed or mobile, with
properly operating and maintained mufflers, consistent with
manufacturer standards.
c. The contractor shall locate equipment staging in areas that will create
the greatest distance between construction-related noise/vibration
sources and sensitive receptors nearest the project site as feasible.
The Applicant shall submit the legally binding contract with the Project
Contractor to the Community Development Department for review and
approval. The contract shall specify these requirements. Alternatively, these
requirements may be listed as notes on the grading plans and/or building
plans.
42. 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
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;
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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;
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.
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ARCHEOLOGY
43. Native American Monitoring (Soboba). 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 Soboba 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
exceeds Federal Curation Standards outlined in 36 CFR 79. The
Applicant/Permittee shall be responsible for all curation costs.
44. 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).
vi. 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.
vii. 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.
viii. 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.
ix. 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.
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x. 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.”.
45. Inadvertent Paleontological Find. Should fossil remains be encountered
during site development:
7) 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.
8) The applicant shall retain a qualified paleontologist approved by the
County of Riverside.
9) The paleontologist shall determine the significance of the encountered
fossil remains.
10) 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.
11) 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.
12) 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.
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*The City of Menifee must be consulted on the repository/museum to receive the
fossil material prior to being curated.
Prior to Issuance of Building Permit
46. 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.
47. 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 2016 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.
48. 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.
49. 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.
50. Utilities Underground. All utility extensions within a lot shall be placed
underground.
51. Elevations and Floor Plans. The elevations and floor plans shall be
consistent with the Countywide Design Standards and Guidelines.
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52. Color Schemes. Colors/materials shall be consistent with the Countywide
Design Standards and Guidelines.
53. 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.
54. 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.
55. Noise Study. A final noise study shall be submitted to and approved by the
County of Riverside’s Department of Environmental Health, Office of Industrial
Hygiene prior to obtaining building permits for this project. This report will
finalize the mitigation measures identified by the consultant using the precise
grading plans and actual building design specifications and may include
additional mitigation, if necessary, to meet the 45 dBA CNEL interior noise level
standard.
56. 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 applicant complied with the
mitigation and monitoring program as described in the Initial Study and pre-
grading agreements with the qualified archaeologist and paleontologist.
MINOR PLANS REQUIRED
57. 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 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.
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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.
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.
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.
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Landscaping plans for areas that are totally within the road right-of-way
or landscaping that will be maintained by the CFD shall be submitted to
the Engineering Department ONLY. Landscaped areas to be maintained
by a Community Facilities District shall be submitted to the Public Works
and Engineering Department and shall comply with the City’s landscape
requirements. Conceptual landscaping is for illustrative purposes only.
58. Entry Monument Plans. If the divider/permit holder proposes entry
monuments for the project, the land divider/permit holder shall file three (3) sets
of an Entry Monument plot plan to the Community Development Department for
review and approval. Said plan shall be submitted to the Department in the
form of a plot plan application pursuant to Ordinance No. 348, Section
18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act
and not subject to review by any governmental agency other than the
Community Development Department), along with the current fee. The plan
shall be in compliance with Section 18.12, and the TENTATIVE MAP
conditions of approval.
The plot plan shall contain the following elements:
1) A color rendering of a frontal view of all/the entry monument(s) with
landscaping.
2) A plot plan of the entry monuments with landscaping drawn to an
engineer's scale. If lighting is planned, the location of lights, their intended
direction, and proposed power shall be indicated.
3) An irrigation plan for the entry monument(s) and/or gate(s).
4) Detailed information on the entity that will be responsible for maintaining
the entry monument(s).
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.
If entry monuments are proposed within the right of way, an application must
be submitted to the City’s Public Works and Engineering Department for review
and approval. Contact the Public Works and Engineering Department directly
for additional information.
59. Model Home Complex. If a Model Home Complex is proposed, 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:
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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
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.
8) Model Home Complex landscaping plans shall provide a minimum of one
(1) xeriscape option for home buyers.
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.
60. 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.
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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.
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.
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.
61. 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
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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.
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 unless otherwise determined by
the County of Riverside’s Department of Environmental Health, Office of
Industrial Hygiene and/or approved by the Community Development
Department.
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.
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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. The perimeter wall along Valley Blvd. shall be constructed with decorative
block and shall have pilasters spaced at 40 feet on center or as approved
by the Community Development Director. The wall and pilasters shall
have a masonry cap.
l. Wall construction and heights shall conform to applicable noise mitigation.
i. The project developer shall implement noise mitigation measures
during grading. The construction of a minimum six-foot-high noise
barrier shall be constructed at the top of grade for the homes along
the Valley Boulevard perimeter (Lots 17 through 21).
ii. A noise barrier with a minimum height of six (6) feet shall be
constructed at the top of grade for the homes along the Valley
Boulevard perimeter.
iii. A noise barrier with a minimum height of five (5) feet shall be
constructed at the top of grade for the homes along the Ridgemoor
Road perimeter (Lots 10-16).
iv. The barrier shall provide a weight of at least 4 pounds per square
foot with no decorative cutouts or line-of-sight openings between
shielded areas and the roadways. The barrier must present a solid
face from top to bottom. All gaps (except weep holes) should be filled
with grout or caulking.
v. Barrier may be constructed using one of the following:
1. Masonry block
2. Stucco veneer over wood framing (or foam core), or 1 inch thick
tongue and groove wood of sufficient weight per square foot.
3. Glass (1/4 inch thick), or other transparent material with sufficient
weight per square foot.
4. Earth berm
5. Any combination of these materials
LANDSCAPING
62. Front Yard Landscaping. All front yards shall be provided with landscaping
and automatic irrigation as defined by County Ordinance No. 348. Landscaping
and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04 and
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.
63. Performance Securities. Performance securities for common areas, in
amounts to be determined by the Community Development Director to
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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.
64. 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
65. 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.
66. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
67. 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
68. 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.
69. 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.
70. 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.
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71. Construction of Walls. Walls and fencing shall be constructed in compliance
with the Noise Study, dated July 18, 2016 and with the recommendations from
the County of Riverside Department of Environmental Health-Office of
Industrial Hygiene letter dated September 21, 2016.
72. Entry Monuments. If entry monuments are proposed, they shall be installed
prior to the first occupancy within the tract, entry monuments shall be installed
in accordance with the approved entry monument plans.
73. 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.
74. Concrete Driveways. The land divider/permit holder shall cause all driveways
to be constructed of cement concrete.
75. Roll Up Garage Doors. All residences shall have automatic roll-up garage
doors.
76. 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.
LANDSCAPING
77. 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?”
78. Landscape/Irrigation Install Inspection. The permittee landscape architect
responsible for preparing the Landscaping and Irrigation Plans shall arrange for
a Pre-Landscape installation inspection and a Landscape Completion
Installation Inspection with the Community Development Department. The pre-
landscape inspection shall be arranged at least fifteen (15) working days prior
to installation of landscaping. The landscape completion inspection shall be
arranged at least fifteen (15) working days prior to final inspection of the
structure or issuance of occupancy permit, whichever occurs first. Six Month
and One Year Post-Establishment Inspection will also be required. The
Community Development Department will require a deposit in order to conduct
the landscape inspections.
79. 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 and 9.86 (as adopted
and any amendments thereto), Eastern Municipal Water District requirements
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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.
80. 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
81. 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.
82. MSHCP Fees. Prior to the issuance of either a certificate of occupancy or prior
to Building Permit final inspection, the applicant shall comply with the
provisions of Ordinance No. 810, which requires payment of the appropriate
fee set forth in the Ordinance. Ordinance No. 810 has been established to set
forth policies, regulations and fees related to the funding and acquisition of
open space and habitat necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance.
The fee shall be paid for each residential unit to be constructed within this land
division.
In the event Ordinance No. 810 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 810 be rescinded and superseded
by a subsequent mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
83. Fees. Prior to issuance of occupancy/final inspections, the Community
Development Department shall determine if the deposit based fees for project
are in a negative balance. If so, any outstanding fees shall be paid by the
permittee.
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Section III: Community Services
Department Conditions of
Approval
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Prior to Final Map
84. Bike Lanes. The applicant shall submit a street improvement plan to the City of
Menifee for review and approval. This street improvement plan shall show a
community bike lane (class III) on the north side of Ridgemoor Road and a
community bike lane (class II) on the west side of Valley Boulevard. The street
improvement plan shall show all topography, grading, fencing, cross-sections,
street crossings and under crossings, signage (if appropriate, lighting and
landscaping. The plan shall be approved prior to recordation of the final map or
approval of the final map by the City Council.
85. Annexation into Park District. The land divider shall submit written proof to
the Community Development or Community Services Department that the
subject property has been annexed to Communities Facilities District or other
entity acceptable to the Community Services Director.
Prior to Issuance of Building Permits
86. Quimby Fees. Payment of in-lieu fees. The proposed subdivision will fulfill
Quimby obligations through the payment of in-lieu fees. Prior to the issuance
of a building permit, the City Manager or his/her designee shall determine the
amount of Quimby Fees to be paid by the subdivider, if any. Quimby fees shall
be paid directly to the City prior to the issuance of the first certificate of
occupancy of any dwelling unit in the subdivision.
Prior to Final Inspection
87. Quimby Fees. Quimby fees shall be paid directly to the City prior to the
issuance of the first certificate of occupancy of any dwelling unit in the
subdivision. The amount of Quimby fees paid shall be consistent with the
amount determined by the City Manager, or their designee, prior to issuance of
a building permit.
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Section IV: Public
Works/Engineering Conditions of
Approval
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The following are the Public Works Engineering Department Conditions of Approval for
this development, 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
88. Subdivision Map Act. The developer/property owner shall comply with the
State of California Subdivision Map Act.
89. Guarantee for Required Improvements. Prior to map recordation, financial
security shall be provided to guarantee the construction of all required
improvements. The Public Works Director may require the dedication and
construction of necessary utilities, streets or other improvements outside the
project area if the improvements are needed for circulation, parking and access
or for the welfare and safety of future occupants of the development.
90. Bond Agreements and Improvement Security. To guarantee the
construction of all required improvements, the developer/property owner shall
enter into security agreements and post bonds in accordance with applicable
City policies and ordinances. The improvements shall include, but not limited to
onsite/offsite grading, street improvements, street lights, traffic signals, signing
and striping, water/sewer/recycled water improvements, water quality BMPs,
and storm drainage facilities.
91. Existing Easements. The final grading plan shall correctly show all existing
easements, traveled ways, and drainage courses. Any omission or
misrepresentation of these documents may require said plan to be resubmitted
for further consideration.
92. Engineered Plans. 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.
93. Plan Check Submittal Process. Appropriate plan check submittal forms shall
be completed and submittal check list provided that includes required plan
copies, necessary studies/reports, references, fees, deposits, etc. All large
format plans shall be bulk folded to 9”x12”. All final approved grading and
improvement plans shall be provided in both PDF and shapefile format files on
Compact Disc (CD). ACAD files 2004 or later are required for all final maps
upon approval.
94. Plan Approvals. All required improvement plans and grading plans must be
approved by the Public Works Engineering Department prior to recordation of a
final map for which the improvements are required, or prior to issuance of any
construction and/or grading permit, whichever comes first or as determined by
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the PW Director. Supporting City approved studies including, but not limited to
hydrologic and hydraulic studies and traffic studies must be provided prior to
approval of plans.
95. As-Built Plans. Upon completion of all required improvements, the
developer/property owner shall cause the civil engineer of record to as-built all
project plans, and submit project base line of work for all layers in both PDF
and 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.
96. Construction Activities and Times of Operation. The developer/property
owner shall monitor, supervise, and control all construction and construction
related activities to prevent them from causing a public nuisance including, but
not limited to, strict adherence to the following:
(a) Any construction within the City limits located 1/4 of a mile from an
occupied residence shall be limited to the hours of 6:30 a.m. to 7:30
p.m., Monday through Saturday, except on nationally recognized
holidays in accordance with Municipal Code Section 8.01.020.
Construction on Sunday or nationally recognized holidays are not
permitted unless prior 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.
97. 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 applies also to existing overhead lines which are 33.6 kilovolts
or below along the project frontage and within the project boundaries.
B. GRADING
All grading activities shall conform to the latest adopted edition of the California Building
Code, City Municipal Code, Chapter 8.04, applicable City design standards and
specifications, City ordinances, policies, rules and regulations governing grading in the
City.
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Prior to Grading Permit
98. Geotechnical Report. A geotechnical/soils report was submitted to the City
and was reviewed in conformance with the latest edition of the Riverside
County Technical Guidelines for Review of Geotechnical and Geologic
Reports. Prior to issuance of any grading permit, two copies of the City
approved geotechnical/soils report shall be submitted to the Public Works
Engineering Department. The developer/property owner shall comply with the
recommendations of the report, and City standards and specifications. All
grading shall be done in conformance with the recommendations of the report,
and under the general direction of a licensed geotechnical engineer.
99. Grading Permit for Clearing and Grubbing. A grading permit is required from
the PW-Engineering Department prior to any clearing, grubbing, or any topsoil
disturbances related to construction grading activities.
100. Erosion Control Plans. All grading plans shall require erosion control
plans prior to approval. Graded but undeveloped land shall provide, in addition
to erosion control measures, 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 or before an anticipated rain event.
101. 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 Resources 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.
102. SWPPP. Prior to approval of the grading plans, the developer/property owner
shall prepare a Storm Water 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.
103. SWPPP for Inactive Sites. The developer/property owner shall be
responsible for ensuring that any graded area that is left inactive for a long
period of time has appropriate SWPPP BMPs in place and in good working
condition at all times until construction is completed.
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104. Grading Bonds. Prior to commencing any grading of 50 or more cubic yards
of dirt, the applicant shall obtain a grading permit from the PW-Engineering
Department. Prior to issuance of the permit, adequate performance grading
security shall be posted by the developer/property owner with the Public
Works Engineering Department.
105. Import/Export. Prior to issuance of a grading permit, grading plans involving
import or export of dirt shall require approval of the import/export locations
from the Public Works Engineering Department. If such locations were not
previously approved with an Environmental Site Assessment, a Grading
Environmental Site Assessment shall be submitted for review and approval
by the Community Development and the Public Works Engineering
Departments prior to issuance of any grading permit. A haul route must be
submitted for approval by the Engineering department prior to grading
operations.
106. Offsite Grading Easements. The developer/property owner shall obtain all
required easements and/or permissions to perform offsite grading, from
affected land owners. Notarized and recorded agreement or documents
authorizing the offsite grading shall be submitted to the Public Works
Engineering Department.
107. 2:1 Maximum Slope. Graded slopes shall be limited to a maximum
steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by
the Public Works Engineering Department.
108. Slope Stability. A slope stability report shall be submitted and approved by
the PW-Engineering Department for all proposed cut or fill slopes steeper
than 2:1 (horizontal to vertical) or over 30 feet in vertical height - unless
addressed in a previously City approved report.
109. Slope Landscaping and Irrigation. All manufactured slopes shall be
irrigated and landscaped with grass or approved ground cover, and shall
have some type of drainage swale at the toe of the slope to collect runoff.
Slopes exceeding 15 feet in vertical height shall be irrigated and planted with
shrubs and/or trees per City adopted Riverside County Ordinance 457. Drip
irrigation shall be used for all irrigated slopes.
110. Control Measures for Slopes Greater than 3 feet in Vertical Height.
Erosion control and/or landscape plans are required for manufactured slopes
greater than 3 feet in vertical height. The plans shall be prepared and signed
by a registered landscape architect, and bonded per City adopted Riverside
County Ordinance 457.
111. 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 PW Engineering for review and approval.
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112. Dust Control. During actual grading, all necessary measures to control dust
shall be implemented by the developer/property owner in accordance with Air
Quality Management District (AQMD) requirements. A watering device shall
be present and in use at the project site during all grading operations.
113. Use of Maximum and Minimum Grade Criteria. Actual field construction
grades shall not exceed the minimum and maximum grades for ADA and
approved project grading design, to allow for construction tolerances. Any
improvement that is out of the minimum and maximum values will not be
accepted by the City Inspector, and will need to be removed and replaced at
the expense of the developer/property owner.
Prior to Building Permit
114. No Building Permit without Grading Permit. Prior to issuance of any
building permit for any new structures or appurtenances, the
developer/property owner shall obtain a grading permit and/or approval to
construct from the Public Works Engineering Department.
115. Final Rough Grading Conditions. Prior to issuance of each building permit
for any new structures or appurtenances, 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. The
certifications shall use City approved forms, and shall be submitted to the
Public Works Engineering Department for verification and acceptance.
116. Conformance to Elevations/Geotechnical Compaction. Rough grade
elevations for all new building pads and new 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 Issuance of Certificate of Occupancy
117. Final Grade Certification. The developer/property owner shall cause the
Civil Engineer of Record for approved grading plans, to submit signed and
wet stamped final grade certification on City approved form, for each building
requesting a certificate of occupancy. The certification shall be submitted to
the Public Works Engineering Department for verification and acceptance.
118. 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
119. 10 YR Curb – 100 YR ROW. The 10 year storm flow shall be contained
within the curb and the 100 year storm flow shall be contained within the
street right of way. When either of these criteria is exceeded, additional
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drainage facilities shall be installed. The property shall be graded to drain to
the adjacent street or an adequate outlet.
120. 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.
121. 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 PW Engineering Department for review.
Prior to Grading Permit Issuance
122. Perpetual Drainage Patterns (Easements). 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. A copy of the recorded
drainage easement shall be submitted to the PW Engineering Department for
review.
123. Protection of Downstream Properties. The developer/property owner shall
protect downstream properties from damages that can be caused by
alteration of natural drainage patterns, i.e., concentration or diversion of flow.
Protection shall be provided by constructing adequate drainage facilities
including enlarging existing facilities and securing necessary drainage
easements.
124. Written Permission for Grading. Written permission shall be obtained from
the affected property owners allowing the proposed grading and/or facilities to
be installed outside of the tract boundaries. A copy of the written
authorization shall be submitted to the PW Engineering Department for
review and approval.
125. Offsite Easements or Redesign. Offsite drainage facilities shall be located
within dedicated drainage easements obtained from the affected property
owner(s). Document(s) shall be recorded and a copy submitted to the PW
Engineering Department 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.
126. Storm Drain Lines 36” and larger. All proposed storm drain lines greater
than 36" in diameter may be considered for ownership and maintenance by
the Flood Control District. The developer shall be responsible for coordinating
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the discussion of such ownership with District prior to approval of storm drain
improvement plans.
127. 100 Year Drainage Facilities. All drainage facilities shall be designed to
accommodate 100-year storm flows as approved by the City of Menifee. If the
tract is built in phases, each phase shall be protected from the 100-year
tributary storm flows.
Prior to Building Permit Issuance
128. Submit Plans. A copy of the improvement plans, grading plans, final map,
environmental constraint sheet, 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.
All submittals shall be date stamped by the engineer and include a completed
City Deposit Based Fee Worksheet and the appropriate plan check fee
deposit. For facilities proposed for ownership by the Flood Control District,
plans shall be submitted to Flood Control with a Flood Control Deposit Based
Fee Worksheet and the appropriate plan check fee deposit.
129. Finish Grade. Shall be sloped to provide proper drainage away from all
exterior foundation walls. The slope shall be not less than 2% 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.
130. Drainage Grade. Minimum drainage design grade shall be 1% except on
Portland cement concrete surfaces where 0.5% shall be the minimum. The
engineer of record must submit a variance request for design grades less
than 1% with a justification for a lesser grade.
131. Site Drainage. Positive drainage of the site shall be provided, and water
shall not be allowed to pond behind or flow over cut and fill slopes. Where
water is collected and discharged in a common area, planting erosion
resistant vegetation shall provide protection of the native soils. All cut and fill
slopes shall have a maximum 2:1 grade (H:V).
132. Licensed Geotech. A licensed geotechnical engineer shall perform final
determination of the foundation characteristics of soils within on-site
development areas.
D.TRAFFIC ENGINEERING AND STREET IMPROVEMENTS
133. Traffic Impact Analysis Report. The development shall comply with all the
mitigation measures identified to be constructed or provided in the approved
traffic impact analysis (TIA), dated 8/8/16 prepared by Transpo Group. The
Public Works Department – Traffic Engineering Division has reviewed the TIA
and has generally concurred with its findings. The developer/property owner
shall be responsible for all improvements and mitigations, such as but not
limited to; right-of-way frontage improvements, traffic signal construction or
mitigation, fair share fees, required or identified in the approved traffic study
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and according to these Conditions of Approval. All required improvements
identified in the study shall be included in all improvement plans for review
and approval by the Public Works Department. The
recommendations/mitigation measures outlined in the approved TIA are as
discussed below. Additional improvements may be required to address
public safety and welfare, as determined by the Public Works Director.
Prior to Building Permit Issuance:
134. Signing and Striping Plan. Prior to issuance of a building 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.
135. Construction Traffic Control Plan. Prior to start of any project related
construction, the developer/property owner shall 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 mitigation measures to address
the following:
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.
Prior to Issuance of Certificate of Occupancy:
136. Cost participation through Payment of TUMF and DIF for Offsite
Improvements. The developer/property owner’s TUMF and DIF payment
obligations shall be considered as cost participation for Project’s required
offsite improvements only when the offsite improvements for which credits
are claimed, are eligible TUMF and/or DIF facilities at time of TUMF and DIF
payments. Determination for TUMF credits shall be at the discretion of the
Western Riverside Council of Governments (WRCOG), the governing
authority, which shall include entering into a three party TUMF Credit
Agreement with the developer, WRCOG and the City of Menifee.
E. STREET STANDARDS, DEDICATIONS, AND VACATIONS
137. Improvements. Street improvements shall conform to all applicable City
Design Standards and Specifications, the City General Plan, City adopted
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Riverside County Ordinance 461, and all other relevant laws, rules and
regulations governing street construction in the City.
Valley Blvd fronting project site shall be improved to include any and all
missing public improvements including, but not limited to curb/gutter,
sidewalk, ADA ramps, street signage, street lights and parkway landscaping,
or as determined by the PW Engineering Department. Core sampling of the
existing street pavement section shall be provided to the PW Engineering
Department for review, and to determine extent of improvements required. If
the existing street pavement section is determined to be substandard,
improvements shall be made to meet minimum City standards and
specifications, as approved by the PW Director. Valley Blvd will require new
pavement 12 ft past centerline with appropriate transition to match existing
conditions per City standards.
Ridgemoor Rd fronting project site shall be improved to include any and all
missing public improvements including, but not limited to curb/gutter,
sidewalk, ADA ramps, street signage, street lights and parkway landscaping,
or as determined by the PW Engineering Department. Core sampling of the
existing street pavement section shall be provided to the PW Engineering
Department for review, and to determine extent of improvements required. If
the existing street pavement section is determined to be substandard,
improvements shall be made to meet minimum City standards and
specifications, as approved by the PW Director.
138. Soils and Pavement Report. Street pavement structural designs shall
comply with the recommendations in the City approved project soils and
pavement investigation report, and must meet minimum City standards and
specifications, as approved by the PW Director.
139. Street Improvement Plan Profile. Improvement plans shall be prepared
based upon a design profile extending a minimum of 300 feet beyond project
boundaries at grade and alignment approved by PW Engineering
Department.
140. Streetlight Plan. Street light construction plans shall be prepared as
separate plans or combined with the public street improvement plans as
approved by the PW Director.
141. Streetlight Design as LS-3 Rate Lights. All streetlights, other than traffic
signal safety lights, shall be designed as LS-3 rate lights in accordance with
approved City standards and specifications, and as determined by the PW
Director.
142. Public Streetlights Service Points. All proposed public streetlights shall be
provided with necessary appurtenances and service points for power,
separate from privately owned streetlights. The developer/property owner
shall coordinate with the PW Department and with Southern California Edison
the assignment of addresses to streetlight service points. Service points for
proposed public streetlights shall become public and shall be located within
public right of way or within duly dedicated public easements.
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143. Street Name Sign. The developer/property owner shall install street name
sign(s) in accordance with applicable City Standards or as directed by the
PW Engineering Department.
Prior to Building Permit Issuance
144. Public Roadway Dedication and Improvements. Onsite easements and
right-of way for public roadways shall be granted to the City of Menifee
through the final map, or other acceptable recordable instrument. Any off-site
rights-of-way required for access road(s) shall be dedicated for public right-of-
way and utilities. Any shared access roads necessary for the adequate
circulation of the proposed project, shall be dedicated for reciprocal access
by acceptable recordable instrument prior to any permit issuance.
145. Improvement Bonds. Prior to issuance of any construction permit for all
required onsite and offsite public improvements, the developer/project owner
shall enter into a bond agreement and post acceptable bonds or security, to
guarantee the completion 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).
146. 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.
Prior to Issuance of Certificate of Occupancy
147. Driveways and Driveway Approaches. Driveways and driveway
Approaches shall be designed and constructed per City standards. Prior to
issuance of Certificate of Occupancy, required driveways shall be
constructed.
148. Completion of Required Improvements. Prior to issuance of a Certificate
of Occupancy, the following street components shall be completed:
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 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
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elsewhere in these conditions. All water valves shall be raised to
pavement finished grade. Written confirmation of acceptance from
EMWD 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 EMWD is required.
f) Landscaping and irrigation, water and electrical systems shall be
installed and operational in accordance with City adopted County
Ordinance 461.
F. WATER, SEWER, AND RECYCLED WATER
149. Meet Minimum Standards. All water, sewer and recycled water
improvements shall be designed per the City adopted County Ordinances
460, 461 and 787; Eastern Municipal Water Districts (EMWD) standards and
specifications, including required auxiliaries and appurtenances. The final
design, including pipe sizes and alignments, shall be subject to the approval
of EMWD.
150. Utility Improvement Plans. Public Water, Sewer and Recycled Water
improvements shall be drawn on City title block for review and approval by
the City PW Department and EMWD.
151. Onsite and Offsite Sewer, Water and Recycled Water Improvements. All
public onsite and offsite sewer, water and recycled water improvements shall
be guaranteed for construction prior to final map recordation, approval of
improvement plans if no map is being processed.
G. 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. This project is required to submit a
project specific WQMP prepared in accordance with the latest WQMP guidelines
approved by the Santa Ana Regional Water Quality Control Board.
Prior to Issuance of Grading Permit:
152. Final Project Specific Water Quality Management Plan (Final WQMP).
Prior to issuance of a grading permit, a FINAL project specific WQMP in
substantial conformance with the approved PRELIMINARY WQMP, shall be
reviewed and approved by the Public Works Engineering Department. Final
construction plans shall incorporate all of the structural BMPs identified in the
approved FINAL WQMP. The final developed project shall implement all
structural and non-structural BMPs specified in the approved FINAL WQMP.
One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be
submitted to the Public Works Engineering Department. The FINAL WQMP
submittal shall include at the minimum the following City approved
reports/studies:
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a) Hydrology/hydraulics report
b) Soils Report that includes soil infiltration capacity
c) Limited Phase II Environmental Site Assessment Report, as may be
required by an approved Phase I ESA Report
153. 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.
154. Final WQMP Design Criteria. In final engineering and prior to the approval
of the final WQMP, the following shall be provided for review and approval:
a) Catch basin filter inserts are proposed as alternative compliance
water quality measures for untreated areas of the proposed
development. A brief explanation shall be submitted to justify the use
of alternative compliance water quality measures to the satisfaction of
the PW Engineering Department.
b) A brief explanation shall be submitted to justify the use of 2:1 slopes
in the bioretention areas to the satisfaction of the PW Engineering
Department.
c) Tire stops or similar approved mechanisms shall be placed along both
sides of all proposed driveways (portions crossing over bioretention
basins) to the satisfaction of the PW Engineering Department.
d) Operation and Maintenance Plan must be provided including detailed
information on public maintenance requirements of both onsite and
offsite BMPs, inspection frequency and all related structural and
nonstructural educational materials.
155. 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) that
addresses the implementation and maintenance of proposed WQMP BMPs,
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.
CC&R’s shall clearly describe the limits of public vs private maintenance
responsibilities, and of all proposed BMPs including any and all required
easements for maintenance of said BMPs.
Prior to Issuance of Certificate of Occupancy:
156. Implement Project Specific WQMP. All structural BMPs described in the
project-specific WQMP shall be constructed and operational 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-
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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.
157. WQMP/BMP Education. Prior to issuance of any Certificate of Occupancy,
the developer/project owner shall provide the City proof of notification to
future occupants, of all non-structural BMPs and educational and training
requirements for said BMPs as directed in the approved WQMP. At a
minimum, acceptable proof of notification must be in the form of a notarized
affidavit. The developer must provide to the PW Engineering Department a
notarized affidavit stating that the distribution of educational materials to
future homebuyers has been completed prior to issuance of occupancy
permits.
NPDES Public Educational Program materials may be obtained from the
Riverside County Flood Control and Water Conservation District (District) -
NPDES Section by accessing the District's website at
www.floodcontrol.co.riverside.ca.us.
H. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2
Prior to Building Permit Issuance
158. Annexation to the Citywide Community Facilities District (CFD) 2015-2.
Prior to the issuance of a Building Permit, the developer/property owner shall
complete the annexation of the proposed development, into the boundaries of
the City of Menifee citywide Community Facilities Maintenance District
(Services) CFD 2015-2. The citywide CFD shall be responsible for:
The maintenance of public improvements or facilities that benefit this
development, including but not limited to, public landscaping, streetlights,
traffic signals, streets, drainage facilities, water quality basins, graffiti
abatement, and other public improvements or facilities as approved by the
Public Works Director.
The developer/property owner shall be responsible for all costs associated
with the annexation of the proposed development in the citywide CFD.
159. CFD Annexation Agreement. In the event timing for this development’s
schedule prevents the developer/property owner from complying with
condition of approval for CFD annexation, the developer shall enter into a
CFD annexation agreement to allow the annexation to complete after the
issuance of a building permit but prior to issuance of a Certificate of
Occupancy. The developer shall be responsible for all costs associated with
the preparation of the CFD annexation agreement. The agreement shall be
approved by the City Council prior to final map recordation.
160. Assessment Segregation. Should this project lie within any
assessment/benefit district, the applicant shall, prior to any building permit
issuance to make application for and pay for their reapportionment of the
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assessments or pay the unit fees in the benefit district unless said fees are
deferred to building permit.
161. 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 plan for
review and approval by the PW Engineering Department. The plans may be
prepared 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 may be required for review and
approval by the PW Engineering Department prior to issuance of a grading
permit.
162. 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.
163. 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.
164. Maintenance of CFD Accepted Facilities. All landscaping and appurtenant
facilities to be maintained by the citywide CFD 2015-2 shall be built to City
standards. The developer shall be responsible for ensuring that landscaping
areas to be maintained by the CFD have its own controller and meter system,
separate from any private controller/meter system.
I. WASTE MANAGEMENT
Prior to Building Permit Issuance:
165. Waste Recycling Plan. Prior to the issuance of a building permit for each
building, a Waste Recycling Plan (WRP) shall be submitted to the City of
Menifee Engineering/Public Works Department approval. At a minimum, the
WRP must identify the materials (i.e., 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.
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.
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The applicant shall provide documentation to the Community Development
Department to verify that Engineering and Public Works has approved the
plan prior to issuance of a building permit.
166. SWRCB, TRASH AMENDMENTS. State Water Resources Control Board,
Resolution 2015-0019, an amendment to the Water Quality Control Plan for
ocean waters of California to control trash, and Part 1 Trash Provisions of the
Water Quality Control Plan for inland surface waters, enclosed bays, and
estuaries of California, shall be adhered to with implementation measures,
prior to building permit issuance.
Prior to Certificate of Occupancy:
167. Waste Management Clearance. Prior to issuance of an occupancy permit
for each building, evidence (i.e., receipts or other type of verification) shall be
submitted to demonstrate project compliance with the approved WRP to the
Engineering and Public Works Department in order to clear the project for
occupancy permits. Receipts must clearly identify the amount of waste
disposed and Construction and Demolition (C&D) materials recycled.
J. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
168. Fees and Deposits. Prior to approval of final maps, grading plans,
improvement plans, issuance of building permits, and/or issuance of
certificate of occupancy, the developer/property owner shall pay all fees,
deposits as applicable. These shall include the regional Transportation
Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees,
Development Impact Fees (DIF), and any applicable Road and Bridge Benefit
District (RBBD) Fee. Said fees and deposits shall be collected at the rate in
effect at the time of collection as specified in current City resolutions and
ordinances.
Prior to Issuance of Certificate of Occupancy
169. TUMF Fees. Prior to the issuance of an occupancy permit, the
developer/property owner shall pay the Transportation Uniform Mitigation Fee
(TUMF) in accordance with the fee schedule in effect at the time of issuance,
pursuant to adopted City Ordinance governing the TUMF program.
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Section V:
Riverside County Fire Department
Conditions of Approval
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General Conditions
170. 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.
171. 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.
172. 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.
173. Hydrant Fire Flow. Fire hydrants and fire flow: fire hydrant(s) shall be
capable of delivering a fire flow of 500 GPM at 20 PSI for 1 hr. as required by
California Fire Code and Riverside County Fire Department standards within
400 feet of all portions of all structures.
174. Addressing. The address will be clearly visible from public roadway, located
no more than 5 feet from access to the Parcel.
175. Fire Department Access. Fire Department apparatus access shall be
provided to within 150 feet of all portions of all buildings. Driveway loops, fire
apparatus access lanes and entrance curb radius should be designed to
adequately allow access of emergency fire vehicles.
Prior to Final Map
176. 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.
Prior to Issuance of Building Permit
177. 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
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and all access primary and/or secondary. Approved water plans must be on
the job site.
178. 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, 2013 Edition. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuance.
Prior to Final Inspection
179. 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, 2013 Edition. Installation of the fire sprinklers will be verified
prior to issuance of occupancy.
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Section VI:
Riverside County Environmental
Health Conditions of Approval
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General Conditions
180. 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.
As the agency providing sewer service, EMWD shall also have the
responsibility to implement any grease interceptor requirements, including
sizing capacity and other structural specifications if necessary. All existing
septic systems and/or wells shall be properly removed or abandoned under
permit with DEH.
181. Retention Basins. Any proposed retention basins shall be constructed and
maintained in a manner that prevents vector breeding and vector nuisance.
182. Environmental Cleanup Program (ECP). Based on the information provided
in the “Phase I Environmental Site Assessment” report prepared by Hillmann
Consulting dated April 25, 2016 and a site visit conducted by RCDEH-ECP
staff and with the provision that the information was accurate and
representative of site conditions, RCDEH-ECP concludes no further
environmental assessment is required for this project.
If contamination or the presence of a naturally occurring hazardous material
is discovered at the site, assessment, investigation, and/or cleanup may be
required. Contact RCDEH-ECP at (951) 955-8992, for further information.
183. Industrial Hygiene. Based on the County of Riverside, Industrial Hygiene
Program's review of the Noise Study titled “Noise Impact Analysis, Tentative
Tract Map No. 37102, Menifee, California,” July 18, 2016 (Project#: P16-022
N), prepared by Giroux and Associates, TR 2016-038 shall comply with
recommendations set forth under the Industrial Hygiene's Program's
response letter dated September 21, 2016 c/o Steve Uhlman, REHS, CIH.
For further information, please contact Industrial Hygiene Program at
(951)955-8980.
Prior to Final Map
184. Water System. A water system shall have plans and specifications
approved by Eastern Municipal Water District and the Department, the City
Engineering Department, of Environmental Health.
185. Financial Arrangements. Financial arrangements (securities posted) must
be made for the water improvement plans and be approved by City Attorney.
186. 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.
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187. Annexation. Annexation proceedings must be finalized with the applicable
purveyor for sanitation service.
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The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
_______________________________________________ ___________________
Signed Date
_______________________________________________ ___________________
Name (please print) Title (please print)