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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 3 Section I: Conditions Applicable to all Departments 4 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. 5 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. 6 Section II: Community Development Department Conditions of Approval 7 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. 8 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 9 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 10 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. 11 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 12 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 13 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: 14  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 15 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 16 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 17 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; 18 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. 19 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. 20 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. 21 *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. 22 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. 23 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. 24 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: 25 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. 26 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 27 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. 28 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 29 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. 30 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 31 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. 32 Section III: Community Services Department Conditions of Approval 33 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. 34 Section IV: Public Works/Engineering Conditions of Approval 35 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 36 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. 37 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. 38 104. 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. 39 112. 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 40 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 41 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 42 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 43 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. 44 143. 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 45 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: 46 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- 47 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 48 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. 49 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. 50 Section V: Riverside County Fire Department Conditions of Approval 51 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 52 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. 53 Section VI: Riverside County Environmental Health Conditions of Approval 54 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. 55 187. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. 56 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)