Loading...
PC17-305 EXHIBIT “1” Conditions of Approval for Tentative Tract Map No. 37161 (Planning Application No. 2016-063) for a Residential Subdivision of 14.67 Acres into 54 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 2 Section I: Conditions Applicable to all Departments 3 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. 37161 shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Permittee of this project. APPROVED EXHIBIT A = Tentative Tract Map No. 37161, dated December 19, 2016. APPROVED EXHIBIT L = Conceptual Landscaping Plan for Tentative Tract Map No. 37161 (Planning Application No. 2016-063), dated December 19, 2016. APPROVED EXHIBIT SP = Revised Specific Plan No. 247 text, dated February 27, 2017. 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. 37161) proposes a Schedule “A” subdivision of 14.67 gross acres (12.43 net acres) into fifty-four (54) single- family residential lots with a minimum lot size of 5,000 square feet and an overall density of 4.3 dwelling units per acre. The tentative map includes six (6) Open Space lots for a drainage and utility corridor, slope maintenance, a playground and two (2) parks. A conceptual landscape plan was also included with the project. The site is located south of Newport Road, north of Rockport Road and east of Laguna Vista Drive. (APNs: 364-190-021 and 364-190-026). 3. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 4. Limits of SP Document. No portion of the SPECIFIC PLAN which purports or proposes to change, waive or modify any ordinance or other legal requirement for the development shall be considered to be part of the adopted specific plan. Notwithstanding the above, the design guidelines and development standards 4 of the SPECIFIC PLAN or hillside development and grading shall apply in place of more general County guidelines and standards. 5. Complete Specific Plan Document. Specific Plan No. 209 Amendment No.5 shall consist of the following: a. Specific Plan Document, which must include the following items: 1. City of Menifee City Council Specific Plan Resolution. 2. Conditions of Approval. 3. Adopting ordinance. 4. Specific Plan text. b. Addendum to the Environmental Impact Report No. 327 Document. If any specific plan conditions of approval differ from the specific plan text or exhibits, the specific plan conditions of approval shall take precedence. 6. 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. 7. Submit Final Documents. Within ninety (90) days of adoption of the amendment to the SPECIFIC PLAN or prior to the recordation of any implementing maps within the SPECIFIC PLAN (i.e.: tract map, parcel map, etc.), whichever shall occur first, three (3) ‘hard’ and four (4) electronic copies of the final SPECIFIC PLAN and updated Addendum to the EIR documents shall be submitted to the Community Development Department. The documents shall include all the items listed in the condition titled "Complete Specific Plan Document". 8. 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. 5 9. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan (incorporated within these Conditions of Approval). 10. 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 11. 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. 12. Offsite Signs Ordinance No. 679.4. No offsite subdivision signs advertising this land division/development are permitted, other than those allowed under Ordinance No. 679.4. Violation of this condition of approval may result in no further permits of any type being issued for this subdivision until the unpermitted signage is removed. 13. No Offsite Signage. There shall be no offsite signage associated with this land division, except as otherwise provided by Ordinance No. 679.3 (Kiosk Program. 14. Design Guidelines. The land divider shall comply with the Menifee East Specific Plan Design Guidelines. 15. Maintain Planning Area and Phasing Numbering. All planning area and phase numbers shall be maintained throughout the life of the SPECIFIC PLAN, unless otherwise approved by the Community Development Director. 16. No Planning Area Density Transfer. Density transfers between Planning Areas within the SPECIFIC PLAN shall not be permitted, except through a Substantial Conformance or the Specific Plan Amendment process. 17. 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. 8 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. 18. Residential Development Standards. The design standards for Planning Area No. 2 of the Menifee East Specific Plan zoning classification are as follows: a. Lots created by this map shall conform to the design standards of Menifee East Specific Plan-Planning Area No. 2. b. Building height shall not exceed two (2) stories, with a maximum of forty feet (40). c. Lot area shall not be less than five thousand (5,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to that portion of a lot used as a building site. d. The minimum average width of that portion of a lot to be used as a building site shall be fifty feet (50’) with a minimum average depth of eighty feet (80’). Flag lots shall not be permitted. e. The minimum frontage of a lot shall be forty five feet (45’), except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty five feet (35’). Lot frontage along curvilinear streets may be measured at the building setback in accordance with the zone development standards. f. The front yard shall be not less than 15 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 structure. g. Side yards on interior and through lots shall be not less than five feet (5’) in width. Side yards on corner and reversed corner lots shall be not less than ten feet (10’) from the existing Right of Way 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. h. The rear yard shall not be less than ten feet (10’) on a single story home and fifteen feet (15’) on a two (2) story home. i. Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet (2’). No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348. j. In no case shall more than fifty percent (50%) of any lot be covered by buildings for a one story of shall be more than forty five percent (45%) of any lot be covered by buildings for a two story building. Except as provided above and as allowed by Ordinance No. 348, there shall be no encroachment into the setback. 19. 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 9 shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 20. Ordinance Requirements. The development of the property shall be in accordance with the mandatory requirements of all City of Menifee ordinances including Ordinance Nos. 348 and 460 and State law and shall conform substantially to the adopted Specific Plan as filed in the office of the City of Menifee Community Development Department, unless otherwise amended. 21. 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. 22. Reclaimed Water. The permittee shall install purple pipes and connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District. 23. Noise Study. The project developer shall implement noise mitigation measures during construction. The following measures shall apply: A noise barrier with a minimum height of six (6) feet above the base level must be constructed along the perimeter of each outdoor living area along Newport Road that is within 370 feet of the roadway centerline and would be exposed directly to traffic on Newport Road. Windows associated with bedrooms and living rooms within 204 feet of the Newport Road centerline must have a sound transmission class (STC) of 32 or better. A noise barrier with a minimum height of five (5) feet above the base level must be constructed along the perimeter of each outdoor living area along Laguna Vista Drive that is within 1136 feet of the roadway centerline and would be exposed directly to traffic on Laguna Vista Drive. Air-conditioning systems, a form of mechanical ventilation, must be provided to impacted bedrooms and/or living rooms along Newport Road to allow for windows-closed conditions. Air-conditioning systems, a form of mechanical ventilation, must be provided to impacted bedrooms and/or living rooms along Laguna Vista Drive to allow for windows-closed conditions. Air-conditioning systems, a form of mechanical ventilation, must be provided to impacted bedrooms and/or living rooms along Rockport Road to allow for windows-closed conditions. 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 10 roadways. The barrier must present a solid face from top to bottom. All gaps (except weep holes) should be filled with grout or caulking. Barrier may be constructed using one of the following:  Masonry block  Stucco veneer over wood framing (or foam core), or 1 inch thick tongue and groove wood of sufficient weight per square foot.  Glass (1/4 inch thick), or other transparent material with sufficient weight per square foot  Earth berm  Any combination of these materials The interior noise levels in residential dwellings shall not exceed 45 Ldn (or CNEL). The exterior noise level shall not exceed 65 Ldn (or CNEL) Assume that the standard residential design with windows closed provides a 20 dB, A-weighted (reduction inside) attenuation. Barrier calculations based on receptor at 10 feet from the barrier and at a 3 foot elevation. Interior calculations based on first floor receptors at a 5-foot elevation inside the dwelling in the room nearest the noise source and 14 feet above the pad for the second floor in the middle of the room nearest the noise source. A final noise study shall be prepared 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. 24. Paseo/Park Improvement Notification. Adequate notification shall be provided to any home builder or any other buyer of individual phases of the TENTATIVE MAP that certain paseo and/or parks are required to be constructed or improved with the construction of each phase per the conditions of this project. FEES 25. 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. 11 ARCHEOLOGY/PALEONTOLOGY 26. 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. 27. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re- burial on the Project property so they are not subject to further disturbance in perpetuity. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on 12 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.” 28. Inadvertent Paleontological Find. Should fossil remains be encountered during site development: 1) All site earthmoving shall be ceased in the area of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site. 2) The applicant shall retain a qualified paleontologist approved by the County of Riverside. 3) The paleontologist shall determine the significance of the encountered fossil remains. 4) Paleontological monitoring of earthmoving activities will continue thereafter on an as-needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level. 5) If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. 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. 13 LANDSCAPING 29. 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. 30. 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). 31. Front and Side Yard Landscaping Maintenance Responsibility. The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is included within a separate common lot maintained by an HOA or other entity acceptable to the City of Menifee. 32. 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 33. 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. 34. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 35. Surveyor Checklist. The City Engineering Department - Survey Division shall review any FINAL MAP and ensure compliance with the following: a. All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. b. All lots on the FINAL MAP shall have a minimum lot size of 5,000 sq. ft. c. All lot sizes and dimensions on the FINAL MAP shall be in conformance with the development standards of Planning Area No. 2 14 of the Menifee East Specific Plan, 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. 36. ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which shall be submitted as part of the plan check review of the FINAL MAP. A note shall be placed on the FINAL MAP “Environmental Constraint Sheet affecting this map is on file at the City of Menifee Public Works and Engineering Department, in E.C.S Book ___, Page ___. 37. 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.” 38. Final Zoning Map. Prior to Map Recordation, the planning areas for which this land division application is located must be legally defined. The following procedure may be used in order to legally define these planning areas: 1. The project proponent shall process a FINAL CHANGE OF ZONE MAP concurrent with the SPECIFIC PLAN which legally defines the revised planning areas through the City’s Information Technology Department. 39. Maintenance Exhibit. Prior to map recordation, the developer shall prepare a final exhibit that shows all open space lots within the tract and the maintenance entity for each lot. Where HOA maintained areas abut areas proposed for CFD maintenance, show a mow curb to delineate the areas. The exhibit shall be reviewed and approved by the Community Development Department and Public Works and Engineering Department. 40. Common Area Maintenance. Any common areas identified in the TENTATIVE MAP shall be owned and maintained as follows: a. A permanent master maintenance organization shall be established for the tentative tract map area, to assume ownership and maintenance responsibility for all common recreation, and open space minus ROW Landscaping which should be per Citywide CFD. 15 The organization may be public (anticipated to be CFD 2015-2) (public pertains to public facilities) 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 map. 41. Conditions, Covenants and Restrictions (Public Common Areas). If the permanent master maintenance organization referenced in the condition entitled "Common Area Maintenance" is a public organization, the applicant shall convey to the public organization fee simple title or public easement as determined by the City, to all common open space areas, free and clear of all liens, taxes, assessments, leases (recorded or unrecorded) and easement, except those easements which in the sole discretion of the public organization are acceptable. The common areas anticipated to be owned and maintained by a public organization include, but are not limited to parks, paseos, water quality facilities and expanded parkway landscaping. These areas are anticipated to include:  Parkway along Rockport Road  Parkway along Laguna Vista Drive  Existing Entry at the southeast corner of Newport Road and Laguna Vista Drive  Parkway along Newport Road 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 16 to the Community Development Department for review by the City Attorney. The declaration of covenants, conditions and restrictions submitted for review shall a) provide for a minimum term of sixty (60) years, b) provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit as tenants in common, and c) contain the following provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: The property owners' association established herein shall, if dormant, be activated, by incorporation or otherwise, at the request of the City, and the property owners' association shall unconditionally accept from the City of Menifee, upon the City’s demand, title to all or any part of the 'common area', more particularly described on Exhibit 'A' attached hereto. The decision to require activation of the property owners' association and the decision to require that the association unconditionally accept title to the 'common area' shall be at the sole discretion of the City In the event that the 'common area', or any part thereof, is conveyed to the property owners' association, the association, thereafter, shall own such 'common area', shall manage and continuously maintain such 'common area', and shall not sell or transfer such 'common area' or any part thereof, absent the prior written consent of the Community Development Director of the City or the City's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This declaration shall not be terminated, 'substantially' amended, or property de-annexed therefrom absent the prior written consent of the Community Development Director of the City of Menifee or the City's successor-in-interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' established pursuant to this Declaration. 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 PW/Engineering Department. 17 42. Conditions, Covenants and Restrictions (Private Common Areas). The common areas anticipated to be owned and maintained by a private organization include, but are not limited to, expanded parkway landscaping, private recreational, and slope areas. These areas are anticipated to include:  Lot “D” (Playground-Tot Lot);  Lot “E” (Dog Park)  Lot “F” (Passive Park)  Project Entry at Street “D”  Open Space between the cul-de-sac at Street “B” and the existing entry monument at Newport Road and Laguna Vista Drive  Slope along northern boundary at the Eastern Municipal Water District Easement  The parkway landscaping along Street “A” adjacent to the side yard walls of Lots 23-24 and 38; The land divider shall submit to the City Attorney (via the Community Development Department) for review and approval the following documents: (a) A cover letter identifying the project for which approval is sought referencing the Community Development Departments case number(s) and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; (b) One copy and one original, wet signed, notarized and ready for recordation declaration of covenants, conditions, and restrictions (CC&Rs). Attached to these documents there shall be included a legal description of the property included within the CC&Rs and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor. (c) The declaration of CC&Rs submitted for review shall cover all map phases, as follows: (i) Provide for a minimum term of sixty (60) years; (ii) Provide for the establishment of a property owner's association comprised of the owners of each individual lot or unit; and (iii) Provide for the ownership of the common area by either the property owner's association or a permanent public master maintenance organization. (d) The declaration of CC&Rs shall contain the following provisions verbatim: (i) ”Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: - The property owners' association established herein shall manage the 'common areas', more particularly described on the subdivision map, attached hereto, and shall not sell or 18 transfer the 'common areas' or any part thereof, absent the prior written consent of the Community Development Department of the City of Menifee. - The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of managing such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a management assessment. The property owners' association established herein shall regulate individual private lot development standards. - The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is located within a separate common lot. - An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. - This Declaration shall not be terminated, 'substantially' amended, or property de-annexed there from absent the prior written consent of the Community Development Director of the City of Menifee.” (ii) A proposed amendment shall be considered 'substantial' if it affects the extent, usage, or maintenance of the 'common area' established pursuant to the Declaration.” (iii) “In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." (iv) "The management and maintenance of the project site in accordance with the Storm Water Pollution Prevention Plans (SWPPPs), Monitoring Programs, and Post Construction Management Plans to include the following best management practices (BMPs) to reduce storm water pollution: Initial residents, occupants, or tenants of this site shall receive educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be provided by the Riverside County Flood Control and Water Conservation District and shall be distributed by the properties owners' association. These materials shall address good housekeeping practices associated with residential developments, such as: 19 - Where improper disposal of trash has occurred, the property owners' association shall take corrective action within forty- eight hours of discovery (BMP N5). - The street(s) and parking lot(s), more particularly described on the subdivision map, shall be swept by the property owners' association at least once a year and shall be swept no later than October 15th of each year (BMP N6). (e) The City shall be named as a third party beneficiary in the CC&Rs. (f) Once approved, the copy and the original declaration of CC&Rs shall be forwarded to the City Attorney and the Community Development Department. The Community Development Department will retain the one copy for the case file, and forward the wet signed and notarized original declaration of covenants, conditions and restrictions to the City Engineer for safe keeping until the final map is ready for recordation. The City Engineer shall record the original declaration of CC&Rs in conjunction with the recordation of the final map. (g) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of CC&Rs is incorporated therein by reference; and (h) A deposit equaling three hours of the current hourly fee for the review of the CC&Rs established pursuant to the City’s fee schedule at the time the above referenced documents are submitted to the City Attorney for review and approval. FEES 43. Fees. Prior to recordation, the Community Development Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the developer/owner and/or the developer/owner's successor-in-interest. Prior to Phasing 44. Preliminary Phase Grading. Prior to the approval of an application for a division into units or phasing plan for the TENTATIVE MAP, a conceptual grading plan covering the entire TENTATIVE MAP shall be submitted to the City of Menifee Community Development Department for review and approval. The preliminary grading plan shall comply with the following: 1) Techniques which will be used to prevent erosion and sedimentation during and after grading process shall be depicted and documented. 2) Approximate time frames for grading and areas which may be graded during the higher probability rain months of January through March shall be identified. 3) Preliminary pad and roadway elevations shall be depicted. 20 4) Areas where temporary grading occurs on any phase other than the one being graded for development at a particular time shall be identified. The approved preliminary grading plan shall be provided to the Community Development Department and shall be used as a guideline for subsequent detailed grading plans for individual units or phases of the TENTATIVE MAP. 45. Phases Separable. This land division may be divided into units and recorded in phases provided that the phasing plan complies with the following: 1) The proposed division into units or phasing, including unit or phase boundaries, sequencing, and floor plan selection shall be subject to the Community Development Department approval. 46. Lot Access/Unit Plans. Any division into units or phasing of the TENTATIVE MAP shall provide for adequate vehicular access to all lots in each unit or phase, and shall substantially conform to the intent and purpose of the land division approval. No approval for any number of units or phases is given by this TENTATIVE MAP and its conditions of approval, except as provided by Section 8.3 (Division into Units) of Ordinance No. 460. Prior to Issuance of Grading Permits 47. Grading Plan Review. The Community Development Department shall review the grading plan for consistency with the approved tentative map and the conditions of approval for the tentative map. 48. 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. 49. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permittee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 14.67 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. 21 50. 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. 51. Construction Noise Mitigation. The developer shall comply with the recommendations of the Noise Impact Analysis. The Noise Impact Analysis was prepared by LSA Associates, Inc. for this project (TR 2016-063) and is entitled “Noise and Vibration Impact Analysis, The Lakes, TR 30422-1, City of Menifee, County of Riverside, California,” dated June 2016-(PHC 1601). Based on the finding of the Department of Environmental Health, Office of Industrial Hygiene, the following recommendations shall be implemented: a. 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. b. During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. c. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. d. 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 during all project construction. 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. 52. 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 22 at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as fifty percent (50%). b. Water active grading/excavation sites and unpaved surfaces at least three (3) times daily; c. All paved roads, parking and staging areas must be watered at least once every two (2) hours of active operations; d. Site access points must be swept/washed within thirty (30) minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed twenty-five (25) mph; l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed fifteen (15) miles per hour over a thirty (30) minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to fifteen (15) miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; 23 r. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within twenty- four (24) hours of their receipt. ARCHEOLOGY 53. Archaeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the representative(s) from the Native American Tribe (s) shall be included in the pre-grade meetings to provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance in sensitive areas with the grading contractors. The Project Archaeologist and the Tribal representative(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal representative(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. Any newly discovered cultural resources shall be subject to an evaluation, in consultation with the Native American Tribe(s) and which will require the development of a treatment plan and monitoring agreement for the newly discovered resources. 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. 24 54. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP), within 30 days prior to the issuance of a grading permit, a pre-construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the City of Menifee Community Development Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 15) by a qualified biologist shall be required. The City shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within 30 days of the survey a new survey shall be required. If the site is not precise graded within six (6) months of the rough and/or mass grading of the site, or if construction and/or disturbance of the site is suspended for a period of six (6) months or more, a new survey shall be required. 55. 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 EPD for review and approval. Prior to Issuance of Building Permit 56. 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. 57. 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 or whichever version is valid at the time of building permit submittal. 25 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. 7. Air-conditioning systems, a form of mechanical ventilation, must be provided to impacted bedrooms and/or living rooms along Newport Road to allow for windows-closed conditions. 8. Air-conditioning systems, a form of mechanical ventilation, must be provided to impacted bedrooms and/or living rooms along Laguna Vista Drive to allow for windows-closed conditions. 9. Air-conditioning systems, a form of mechanical ventilation, must be provided to impacted bedrooms and/or living rooms along Rockport Road to allow for windows-closed conditions. 58. 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. 59. 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. 60. Utilities Underground. All utility extensions within a lot shall be placed underground. 61. Elevations and Floor Plans. The elevations and floor plans shall be consistent with the Menifee East Specific Plan Design Guidelines. 62. 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. 63. 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. 64. 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. 26 MINOR PLANS REQUIRED 65. 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. 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. 27 9) Front yard typical landscaping plans shall provide a minimum of one (1) xeriscape option for home buyers. 10) All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked. 11) Multi-programmable irrigation controllers which have enough programs to break up all irrigation stations into hydro zones shall be used. If practical and feasible, rain shutoff devices shall be employed to prevent irrigation after significant precipitation. Irrigation systems shall be designed so areas which have different water use requirements are not mixed on the same station (hydro zones). Assistance in implementing a schedule based on plant water needs is available from CIMIS or Mobile Lab. The use of drip irrigation should be considered for all planter areas that have a shrub density that will cause excessive spray interference of an overhead irrigation system. Use flow reducers to mitigate broken heads next to sidewalks, streets, and driveways. 12) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where possible. 13) The landscaping plan shall include buffers on Newport Road and Laguna Vista Drive in order to lessen traffic noise. 14) Enhanced landscaping shall also be required to screen the sewer lift station. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineering Department ONLY. 66. Entry Monument Plans. The land divider/permit holder shall file three (3) sets of an Entry Monument plot plan to the Community Development Department for review and approval of the entry monument located at Rockport Road and Street “D.” 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. 28 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). 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. 67. Model Home Complex. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The Model Home Complex plot plan shall contain the following elements: 1) An engineer's scaled plan showing the model home lots, lot numbers, tract number, and north arrow. 2) Show front, side and rear yard setbacks. 3) Provide two dimensioned off street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. 4) Show detailed fencing plan including height and location. 5) Show typical model tour sign locations and elevation. 6) Three (3) sets of photographic or color laser prints (8" X 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 7) Provide a Model Home Complex landscape and irrigation plan. NOTES: The Model Home Complex plot plan shall not be approved without Final Site Development Plan approval, or concurrent approval of both. See the Community Development Department Model Home Complex application for detailed requirements. The requirements of this plot plan may be incorporated with any minor plot plan required by the subdivision's conditions of approval. However, this MODEL HOME COMPLEX condition of approval shall be cleared individually. The applicant will be required to enter into a model home complex agreement 29 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. 68. 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 and Specific Plan Design Guidelines. The plot plan shall be approved by the Community Development Director prior to issuance of Building Permits for lots included within that plot plan. The plot plan shall contain the following elements: 1) A final site plan (40' scale precise grading plan) showing all lots, building footprints, setbacks, mechanical equipment and model assignments on individual lots. 2) Each model floor plan and elevations (all sides). 3) Three (3) sets of photographic or color laser prints (8" x 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations in accordance with the approved Countywide Design Guidelines and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 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. Unless otherwise determined by a specific plan. 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 30 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. 4) Windows associated with bedrooms and living rooms within 204 feet of the Newport Road centerline must have a sound transmission class (STC) of 32 or better. 5) Air-conditioning systems, a form of mechanical ventilation, must be provided to impacted bedrooms and/or living rooms along Newport Road to allow for windows-closed conditions. 6) Air-conditioning systems, a form of mechanical ventilation, must be provided to impacted bedrooms and/or living rooms along Laguna Vista Drive to allow for windows-closed conditions. 7) Air-conditioning systems, a form of mechanical ventilation, must be provided to impacted bedrooms and/or living rooms along Rockport Road to allow for windows-closed conditions. 8) The interior noise levels in residential dwellings shall not exceed 45 Ldn (or CNEL). 9) The exterior noise level shall not exceed 65 Ldn (or CNEL) 10) Assume that the standard residential design with windows closed provides a 20 dB, A-weighted (reduction inside) attenuation. 11) Interior calculations based on first floor receptors at a 5-foot elevation inside the dwelling in the room nearest the noise source and 14 feet above the pad for the second floor in the middle of the room nearest the noise source. 12) A final noise study shall be prepared 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. 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. 69. 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 31 and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with the Countywide Design Guidelines, Ordinance No. 348 Section 18.12, and the TENTATIVE MAP conditions of approval. A. The plan shall show all project fencing including, but not limited to, perimeter fencing, side and rear yard fencing, and open space or park fencing. A typical frontal view of all fences shall be shown on the fencing plan. B. All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments, as approved by the Community Development Department. C. 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. D. Side yard gates are required on one side of the home and shall be constructed of vinyl, 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). E. 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. F. 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. G. Corner lots shall be constructed with wrap-around decorative block wall returns. H. 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. 32 I. 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. J. Wall construction and heights shall conform to applicable noise mitigation: i. A noise barrier with a minimum height of 6 feet above the base level must be constructed along the perimeter of each outdoor living area along Newport Road that is within 370 feet of the roadway centerline and would be exposed directly to traffic on Newport Road. ii. A noise barrier with a minimum height of 5 feet above the base level must be constructed along with the perimeter of each outdoor living area along Laguna Vista Drive that is within 113 feet of the roadway centerline and would be exposed directly to traffic on Laguna Vista Drive. iii. Barrier may be constructed using one of the following: Masonry block Stucco veneer over wood framing (or foam core), or 1 inch thick tongue and groove wood of sufficient weight per square foot. Glass (1/4 inch thick), or other transparent material with sufficient weight per square foot Earth berm Any combination of these materials 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. A final noise study shall be prepared 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. LANDSCAPING 70. 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. 33 71. Performance Securities. Performance securities for common areas, in amounts to be determined by the Community Development Director to guarantee that the installation of plantings, irrigation system, walls and/or fences, improvements, and/or amenities are completed and ready for public use within the timeframes specified in these Conditions of Approval; and, in accordance with the approved plan, shall be filed with the Community Development Department. Securities may require review by the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the six-month and one-year post-establishment report confirms that the planting and irrigation components have been adequately installed and maintained or once the corresponding improved lot has been accepted for maintenance by the City. A cash security shall be required when the estimated cost is $2,500.00 or less. Security deposits are only required for common areas. 72. 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 73. 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. 74. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 75. 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 76. 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. 77. 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. 34 78. 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. 79. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be installed in accordance with the approved entry monument plans. 80. 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. 81. Concrete Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 82. Roll Up Garage Doors. All residences shall have automatic roll-up garage doors. 83. 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. 84. Notification to Surrounding Property Owners The developer shall provide notification to all initial and future purchasers of dwelling units within Lots adjacent to parks and paseos (as shown on the tentative map), to advise that there will be a parks and paseos nearby and inform them of the potential impacts (possible noise, and that on street parking may be used by people visiting the parks from time to time). LANDSCAPING 85. 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?” 86. 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 35 Community Development Department will require a deposit in order to conduct the landscape inspections. 87. Landscape Installation. All required landscape planting and irrigation, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 88. 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 89. 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. 90. 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 36 by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 91. 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. 37 Section III: Community Services Department Conditions of Approval 38 Prior to Final Map 92. Class II Bike Lanes. Class II Bike Lanes shall be provided on the east side of Laguna Vista Drive and shall be consistent with the City’s General Plan requirements for Class II Bike Lanes. 93. 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 94. 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 95. Quimby Fees. Quimby fees shall be paid directly to the City prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The amount of Quimby fees paid shall be consistent with the amount determined by the City Manager, or their designee, prior to issuance of a building permit. 39 Section IV: Public Works/Engineering Conditions of Approval 40 The following are the Public Works Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. General Conditions 96. Subdivision Map Act. The developer/property owner shall comply with the State of California Subdivision Map Act. 97. Mylars. 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 and/or other registered/licensed professional as required. 98. Plan Check Submittal Forms. Appropriate plan check submittal forms shall be completed and required plan copies, necessary documents, references, fees, deposits, etc. shall be submitted as outlined in City approved submittal forms. All large format plans shall be bulk folded when feasible to 9”x12”. Electronic copies in CDs of all submitted items may be required with each plan check as determined by the PW Engineering Department. A scanned image of all final approved grading and improvement plans shall be provided to the City, and in format acceptable to the City. ACAD files 2004 or later are required for all final maps upon approval. 99. Plan Submittal and Approval. Improvement plans and grading plans shall be submitted with necessary supporting documentation and technical studies (hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the PW Engineering Department for review and approval. The plans must receive PW approval prior to final map recordation; or issuance of any construction permit, grading permit, or building permits as applicable and as determined by the PW Director. All submittals shall include a completed City Fee or Deposit Based Worksheet and the appropriate plan check. For improvements proposed to be owned and maintained by the Riverside County Flood Control District, improvement plans must receive District approval prior to final map recordation or as determined by the District. 100. As-Built Plans. As-Built plans are required for all improvement plans. The developer/property owner shall cause the civil engineer of record to submit project base line of work for all layers in Auto CAD DXF format on Compact Disc (CD) to the Public Works Department. If the required files are unavailable, the developer/property owner shall pay a scanning fee to cover the cost of scanning the as-built plans. The timing for submitting the as-built plans shall be as determined by the Public Works Director/City Engineer. 101. Construction Times of Operation. The developer/property owner shall monitor, supervise, and control all construction and construction related 41 activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: (a) Any construction within the city located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except on 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. (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 Inspection prior to start of any construction activities. 102. Bond Agreements, Grading and Improvement Security. The developer/property owner shall enter into bond agreements and post security in forms acceptable to the City, guaranteeing the construction of all required grading and improvements in accordance with applicable City policies and ordinances, and as determined by the Public Works Director/City Engineer. The grading and improvements shall include, but not limited to: onsite/offsite grading, street improvements, street lights, traffic signals, signing and striping, landscaping within right of way or dedicated easements, water quality BMPs, and storm drainage facilities. 103. Existing and Proposed Easements. The submitted tentative tract map shall correctly show all existing and proposed easements, traveled ways, and drainage courses with appropriate Qs. Any omission or misrepresentation of these documents may require said tentative tract map to be resubmitted for further consideration. B. GRADING General Conditions 104. Introduction. Improvement such as grading, filling, over excavation and re- compaction, and base or paving which require a grading permit are subject to the Public Works Department conditions of approval stated herein. 105. Ordinance Adopted by City. Notwithstanding anything to the contrary proposed all grading shall conform to the latest edition of the California Building Code, City General Plan, City adopted Ordinances and all other relevant laws, rules and regulations governing grading in Riverside County. 42 106. Obey All Grading Regulations. All grading shall conform to the latest edition of the California Building Code, City adopted Ordinance, and all other relevant laws, rules and regulations governing grading in City. Prior to commencing any grading involving 50 or more cubic yards of dirt, the applicant shall obtain a grading permit from the Public Works Engineering Department. 107. Grading Permit for Disturbed Soil. City Ordinance requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 108. Dust Control. All necessary measures to control dust shall be implemented by the developer during grading. Fugitive dust shall be controlled in accordance with Rule 403 of the California Air Quality Control Board. 109. 2:1 Max Slope Ratio. Grade slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the PW Engineering Department. 110. Erosion Control After Grading. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing erosion control measures may be included as part of the grading plans, or submitted as a separate set of plans for City review and approval. Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Additional erosion protection may be required during the rainy season. 111. Minimum Drainage Grade. Minimum drainage grade shall be 1% except on Portland cement concrete where 0.50% shall be the minimum. 112. 100 Yr. Drainage Facilities. All drainage facilities shall be designed to accommodate 100 year storm flows or as approved by the PW Engineering Department. 113. Slope Setbacks. Observe slope setbacks from buildings and property lines per the California Building Code - as amended by City adopted Ordinance. 114. Drainage & Terracing. Provide drainage facilities and terracing in conformance with the California Building Code’s chapter on “Grading.” 115. Archaeology. Given the element of uncertainty of any archaeological survey due to the "underground" dimension, it is required that should archaeological materials be found during grading activities, a qualified archaeologist shall be retained for their evaluation. 116. No Grading & Subdividing. If mass grading of the entire Specific Plan site is proposed, UNDER A SUBDIVISION OR LAND USE CASE ALREADY APPROVED FOR THIS SPECIFIC PLAN, at the same time that application for further subdivision of its parcels is being made, an exception to Ordinance 460, Section 4.4b, shall be obtained from the Planning Director prior to issuance of the mass grading permit (Ordinance 460, Section 3.1) THIS EXCEPTION WILL 43 NOT APPLY TO ANY CASE HAVING ONLY AN APPROVED SPECIFIC PLAN. Prior to issuance of a grading permit, all certifications affecting grading shall have written clearances. This includes, but not limited to additional Environmental Assessments, Erosion Control plans, additional geotechnical and soils reports, Departmental clearances and the amount being graded. This applies as these are requirements of the specific plan, EIR or a condition of approval. Landscape plans are to be signed and bonded per the requirements of Ordinance 457. 117. Slope Stability Report. A slope stability report shall be submitted to the PW Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal:vertical) or over 10 feet in vertical height. 118. GRADING DRAINAGE SITE 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 in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soil is susceptible to erosion by running water.  Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical.  Final determination of the foundation characteristics of soils within on- site development areas shall be performed by a geotechnical engineer.  Prior to issuance of grading permits, a seismic refraction survey shall be conducted to evaluate the ripability characteristics of the bedrock on-site indicating the approximate ripability of the bedrock materials at various depths for grading purposes. Prior to Grading Permit Issuance 119. NPDES/SWPPP. Prior to approval of grading plans, the applicant shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (SWRCB) in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements. Proof of filing a Notice of Intent (NOI) to construct shall be provided by the developer, and the State issued Waste Discharge ID number (WDID#) shall be shown on the title sheet of the grading plans. The developer/property owner shall prepare and upload a Storm Water Pollution Prevention Plan (SWPPP) into the State’s SMARTS database system. The developer/property owner shall also be responsible for updating the SWPPP 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 and the Regional Board has issued a Notice of Termination (NOT) for the development. 120. SWPPP for Inactive Sites. The developer/property owner shall be responsible for ensuring that any graded area left inactive for a long period of time has 44 appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development. 121. Construction Noise Levels. Residential uses along Rockport Road may experience noise levels over 65 CNEL without some form or mitigation. Mitigation measures are needed to reduce on-site levels in outdoor and indoor residential areas exposed to exterior ambient noise levels greater than 65 CNEL. Therefore, a more detailed noise analysis will be warranted when development plans are developed for areas along these roadways. As stated in Section III.A.1.b, Comprehensive Land Use Plan Development Standards (No. 22), "Prior to the issuance of final grading plans for individual planning areas, a detailed noise analysis shall be prepared to determine the height and location of noise barriers needed to achieve acceptable noise levels. 122. GRADING CONDITIONS. GRADING CONDITIONS TO BE FULFILLED PRIOR TO ISSUING A BUILDING PERMIT: Prior to issuance of any building permit, the property owner shall obtain a grading permit and approval to construct from the Building and Safety Department. 123. Grading Bonds. Grading in excess of 199 cubic yards will require performance security to be posted with the PW Engineering Department. 124. Slope Erosion Control Plan. Erosion control or landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per the requirements of Ordinance 457. 125. Geotechnical/Soils Report. Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the PW Engineering Department for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by PW Engineering Department.* *The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS. Technical reports previously submitted and approved by the Riverside County shall be updated and submitted to the City of Menifee PW Engineering department for review and approval prior to issuance of a grading permit. If no technical report has been previously submitted, a new report shall be submitted for review and approval by the PW Engineering Department. 126. Drainage Design Q100. All grading and drainage shall be designed in accordance with Riverside County Flood Control & Water Conservation District's conditions of approval regarding this application. If not specifically addressed in their conditions, drainage shall be designed to accommodate 100 45 year storm flows. Additionally, the conceptual grading plan reviewed and approved for this project shall comply with the project’s approved WQMP (Water Quality Management Plan). 127. Offsite Grading. Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. 128. Import/Export. In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the PW Engineering Department. If an Environmental Assessment did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director for review and comment, and to the PW Engineering Department Director for approval. Additionally, if the movement of import/export occurs using City roads, review and approval of the haul routes by the PW Engineering Department will be required. Prior to Building Permit Issuance 129. Grading Permit Prior to Building. Prior to issuance of any building permit, the property owner shall obtain a grading permit and/or approval to construct from the PW Engineering Department. Prior to Issuance of Certificate of Occupancy 130. Plant & Irrig Slopes GRADING CONDITIONS TO BE FULFILLED PRIOR TO FINAL OCCUPANCY APPROVAL: Plant and irrigate all slopes greater than or equal to 3' in vertical height with grass or ground cover. Slopes that exceed 15' in vertical height are to be provided with shrubs and/or trees per City Ordinance 457. 131. Manufactured Slopes 4:1 or Steeper. Plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees as approved by the PW engineering Department. 132. 1/2"/FT/3FT Minimum. Finish grade shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one- half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. C. DRAINAGE General Conditions 46 133. Drainage 1. The land divider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the PW Engineering Department. 134. Drainage 2. The land divider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the PW Engineering Department permits the use of streets for drainage purposes, the provisions of Article XI of the City adopted Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the sub-divider shall provide adequate drainage facilities and/or appropriate easements as approved by the PW Engineering Department. 135. 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 drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 136. 100 Yr. SUMP Outlet. Drainage facilities out-letting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 137. Submit Final WQMP. In compliance with Santa Ana Region Regional Water Quality Control Board Orders, and beginning January 1, 2005, projects determined as priority development projects seeking discretionary approval by the governing body, will be required to comply with the Water Quality Management Plan requirement for Urban Runoff (WQMP). The WQMP addresses post-development water quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana, Santa Margarita or Whitewater River watersheds). The approved WQMP guidelines and templates to assist the developer in preparing the necessary WQMP are available on-line at the Riverside County Flood Control District website: http://rcflood.org/npdes/ under Watershed Protection web page. To comply with the requirement for a WQMP, the developer must submit a "Project Specific" WQMP. This report is intended to a) identify potential post- project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post-development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. The developer has submitted a report that meets the criteria for a Preliminary Project Specific WQMP. Prior to issuance of a grading permit, a Final Project 47 Specific WQMP in substantial conformance with the City approved WQMP shall be submitted for review and approval by the PW Engineering Department. Also, it should be noted that if 401 certification is necessary for the project, the Regional Water Quality Control Board may require additional water quality measures. 138. Establish Maintenance Entity for WQMP BMPS This project proposes BMP facilities that will require maintenance by a public agency or homeowner's association. To ensure that the public is not unduly burdened with future costs, prior to approval of the final WQMP, the PW Engineering Department will require an acceptable financial mechanism be implemented to provide for maintenance of all proposed BMPs in perpetuity. This may consist of a mechanism to assess individual benefiting property owners, or other means approved by the City. All proposed structural BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. Prior to Final Map Recordation 139. Onsite Easement on Final Map. Onsite drainage facilities located outside of road right of way shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". 140. Offsite Easement or Redesign. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the City 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. 141. 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. THREE (3) ITEMS TO ACCEPT STORM DRAIN FACILITY. Construction inspection of the flood control facilities or storm drain system to be built with this tract must be performed by either or both the City’s Public Works Engineering Department and the Riverside County Flood Control District. For storm drain facilities proposed to be publicly owned and maintained, the developer (property owner) must request in writing that one of these agencies accept the proposed storm drain system. The request shall note the project number, location, briefly describe the system (sizes and lengths) and include an exhibit that shows the proposed alignment. The request to the District shall note the project number, location, briefly describe the system (sizes and lengths) and include an exhibit that shows the proposed alignment. The request shall be addressed to Jason E. Uhley, General Manager-Chief Engineer, Attn: Chief of Planning Division. If the District is willing to maintain the proposed facility, four (4) items must be accomplished 48 prior to recordation of the final map or start of construction of the drainage facility: 1) The developer shall submit to the District the preliminary title reports, plats and legal descriptions for all rights of way to be conveyed to the District and secure that right of way to the satisfaction of the District 2) An agreement with the District and any maintenance partners must be executed which establishes the terms and conditions of inspection, operation and maintenance 3) Plans for the facility must be signed by the District's General Manager-Chief Engineer. The plans cannot be signed prior to execution of the agreement. 4) All regulatory permits (and any attachments thereto, such as Habitat Mitigation and Monitoring Plans and Conservation Plans/Easements) to be secured by the developer shall be submitted to the District for review. The terms of the regulatory permits shall be approved by the District prior to improvement plan approval, map recordation or finalization of the regulatory permits. There shall be no unreasonable constraint upon the District’s ability to operate and maintain the flood control facility to protect public health and safety 142. 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. Prior to Grading Permit Issuance 143. Submit Final WQMP. A copy of the project specific WQMP shall be submitted to the PW Engineering Department for review and approval. 144. Map Phasing. If the tract is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows. D. NPDES, SWPPP and WQMP General Conditions 145. Stormwater/Urban Runoff Management Program, MMC Chapter 15.01. All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. Prior to Grading Permit Issuance: 146. 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 49 structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies:  Hydrology/hydraulics report  Soils Report that includes soil infiltration capacity  Phase II Environmental Site Assessment Report, as maybe required by the approved Phase ESA 147. Revision to the Final WQMP. In the event the Final WQMP design requires revisions that substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the PW Engineering Department. The cost of reviewing the revised or 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. 148. WQMP Right of Entry and Maintenance Agreement. Prior to, or concurrent with the approval of the FINAL WQMP, the developer/property owner shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to Building Permit Issuance 149. SWRCB, Trash Amendments. The State Water Resources Control Board, Resolution adopted an amendment to the Water Quality Control Plan for ocean waters of California to control trash, and Part 1 Trash Provisions of the Water Quality Control Plan for inland surface waters, enclosed bays, and estuaries of California. Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined as within Priority Land Uses as defined in the amendment, shall provide full trash capture devices in all new catch basins and existing catch basins to which this development will be tributary to. Devices shall meet the requirement of the new Trash Amendment. Prior to Issuance of Certificate of Occupancy 150. WQMP/BMP Education. Prior to issuance of Certificate of Occupancy, the developer/project owner shall provide the City proof of notification to future occupants of all non-structural BMP’s and educational and training requirements for said BMP’s as directed in the approved WQMP. Acceptable proof of notification must be in the form of a notarized affidavit at the minimum. The developer may obtain NPDES Public Educational Program materials from the Riverside County Flood Control District's (District) NPDES Section by either the District's website at www.floodcontrol.co.riverside.ca.us, or by calling the District’s office directly. 50 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 If conditioned for a Water Quality Management Report (WQMP), a copy of the notarized affidavit must be placed in the report. The PW Engineering Department MUST also receive the original notarized affidavit with the plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 151. Implement WQMP. All structural BMPs described in the project-specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is tributary to is completed and operational. 152. Inspection of BMP Installation. Prior to issuance of any Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and/or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site for in a City maintained database for future periodic inspection. 153. BMP Maintenance & Inspections. If the development is establishing a Homeowners Association (HOA The CC&R's for the development's Homeowners Association (HOA) shall contain inspection provisions for any privately owned treatment control BMPs, and if required, cleaned no later than any major rain event. The CC&R's shall identify the entity that will inspect and maintain all privately owned structural BMP's within the project boundaries. A copy of the CC&R's shall be submitted to the PW Engineering Department for review and approval. E. TRAFFIC ENGINEERING, STREET IMPROVEMENTS AND DEDICATIONS General Conditions 154. Traffic Signal Mitigation Program. The project proponent shall participate in the Traffic Signal Mitigation Program as approved by the PW ENGINEERING DEPARTMENT. 155. Road Improvements. All roads shall be improved, per the City of Menifee General Plan designations, as adopted by the City of Menifee City Council. 51 156. Standard Introduction (ORD 460/461). With respect to the conditions of approval for the referenced tentative tract map exhibit, the land divider shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with City adopted County Ordinances 460 and 461 and the City of Menifee Street Improvement Standards. It is understood that the tentative map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or misrepresentation may require the tentative tract map to be resubmitted for further consideration by the Planning Commission. All questions regarding the true meaning of the conditions shall be referred to the Public Works Engineering Department. 157. Off-Site Phase. Should the applicant choose to phase any portion of this project, said applicant shall provide off-site access roads to City maintained roads as approved by the PW Engineering Department. Prior to Final Map Recordation 158. Rockport Road Improvements. Rockport Road within the development shall be improved to a 43 foot half width Street Section. The improvement shall meet the cross section requirement for a City of Menifee, 28 feet of asphalt from centerline of street to face of concrete curb with 15 foot parkway section. Improvement design shall extend 300 feet past the project boundary line with appropriate transition approved by the PW Director. 159. Improvement Plans. Plans for the required improvements must be prepared and shall be based on a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment approved by the Public Works Engineering Department. Completion of road improvements does not imply acceptance for maintenance by the City. 160. Laguna Vista Road Improvements. Laguna Vista Road shall be improved with 63 foot Half Width Street Section. The improvement shall meet the cross section requirement for a City of Menifee 32 feet of asphalt from the centerline of street to face of concrete curb with 18 foot parkway section and 10 foot Median within the existing right-of-way in accordance with current Modified City standards. Improvement design shall extend 300 fee past the project boundary line with appropriate transition approved by the PW Director. 161. Onsite Private Improvements. Private Streets shall be improved with 36 feet of asphalt concrete pavement and 10 foot parkway within the private road in accordance with current City standards. Corner cutbacks at the Private Streets entrance shall be reviewed and approved by the PW Engineering Department at final engineering stage. 162. Reconstruction or Resurfacing Existing Surfaces. Reconstruction or resurfacing of existing paving shall be as determined by the Public Works Engineering Department. If it is determined during project construction that the existing offsite street improvements are substandard, the Public Works Director may require the developer to provide full reconstruction of the required 52 improvements to current City standards. At the discretion of the developer, the existing pavement may be cored during project construction to confirm adequate section, and any findings shall be incorporated into project design. 163. Easements on Final Map. Any easement not owned by a public utility, public entity or subsidiary, not relocated or eliminated prior to final map approval, shall be delineated on the final map in addition to having the name of the easement holder, and the nature of their interests, shown on the map. 164. Access Restriction. Lot access shall be restricted on Rockport Road and Laguna Vista Road, and shall be noted on the final map. 165. Striping Plan. A signing and striping plan is required for this project. The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Traffic Engineer. 166. Street Name Sign. The land divider shall install street name sign(s) in accordance with current City standards as directed by the PW Engineering Department. 167. Landscaping Maintained by City Maintenance District. The property owner shall comply with landscaping requirements within public road rights-of-way, in accordance with City adopted County Ordinance 461. Landscaping shall be installed within Laguna Vista Road and Rockport Road. Landscaping within public rights of way or dedicated public easements shall be prepared on standard City plan sheet format (24" X 36"), and. shall be submitted with the street improvement plans for review and approval by the PW Engineering Department. 168. Soils 2. The developer/owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of-way. 169. Intersection/50' Tangent. All centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50' tangent, measured from flowline/curbface or as approved by the PW Engineering Department. 170. Street Sweeping. The property owner shall file for annexation or inclusion into the Citywide Community Facilities Maintenance District, CFD 2015-2 for street sweeping of public roads associated with this development. 171. Streetlight Plan. A separate street light plan is required for this project. Street lighting shall be designed in accordance with City of Menifee Standard Plans and Specifications. 172. Street Lights-CSA and L&LMD. The property owner shall verify whether the development is already within an existing CSA or L&LMD 89-1C for the maintenance of public streetlights. If not currently within an existing CSA or L&LMD 89-1C, annexation into the Citywide CFD 2015-2 shall be completed. 53 The CFD will provide the maintenance and operation of public street lights benefitting this development. 173. Onsite and Offsite Public Streetlights Ownership and Maintenance. All proposed new public street lights shall be designed in accordance with City approved standards and specifications, as determined and approved by the PW Director. Unless determined otherwise by the PW Director/City Engineer, the City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and therefore shall be provided with adequate service points for power. The design shall be incorporated in the project’s street improvement plans or in a separate street light plan or as determined and approved by the PW Director. 174. Public Streetlights Service Point Addressing. The developer shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to public street light service points. These service points shall also be owned by the City and shall be located within the public right of way or within duly dedicated public easements. 175. Assessment District. Should this project lie within any assessment/benefit district, the applicant shall, prior to recordation, make application for and pay for the reapportionment or segregation of the assessments or pay the unit fees in the benefit district. The developer shall be responsible for the cost of processing the assessment segregation. 176. Utility Plan. Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with Ordinances 460 and 461, or as approved by the PW Engineering Department. The applicant is responsible for coordinating the work with the serving utility company. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. Prior to issuance of a Certificate of Occupancy, the developer/property owner shall submit to the PW Engineering Department, written proof from the pertinent utility company that the required utility work has been completed. 177. Parkway Trees/Interior Streets. The developer/property owner shall comply with landscaping requirements within public road rights-of-way, in accordance with Ordinance 461. Parkway trees shall be installed in the interior streets within the subdivision. Landscape plans shall be submitted on standard City Plan sheet format (24" X 36"), and shall be submitted with the street improvement plans. For parkway tree maintenance to be annexed into the Citywide Landscaping and Lighting Maintenance District, landscaping plans shall depict ONLY such parkway trees. Prior to Building Permit Issuance 178. Garage Doors. Garage door setbacks for all residential zones shall be 20 feet for roll up doors, measured from the street right-of-way to the face of garage. If 54 conventional swing out doors are used, an additional 4 feet will be required. Side entry garages shall comply with minimum building setback requirements. Prior to Issuance of Certificate of Occupancy 179. WRCOG TUMF. 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 Certificate of Occupancy issuance, pursuant to Ordinance No. 824. 180. 80% Completion. Occupancy releases will not be issued to Building and Safety for any lot exceeding 80% of the total recorded residential lots within any map or phase of map prior to completion of the following improvements: a) Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. b) Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All streetlights, service points, curbs, gutters, sidewalks and driveway approaches shall be installed. c) Storm drains and flood control facilities, with the exception of BMP facilities serving as water quality BMPs for the project’s WQMP, shall be completed according to the improvement plans and as noted elsewhere in these conditions. For facilities to be owned and maintained by the Riverside County Flood Control District, written confirmation of acceptance by the Flood Control District is required. d) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required. e) Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. f) Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with City adopted County Ordinance 461. The 80% completion shall not apply to BMP facilities serving as water quality BMP in the project’s approved WQMP. These BMP facilities must be complete and operational prior to issuance of any Certificate of Occupancy. 55 F. COMMUNITY FACILITIES MAINTENANCE DISTRICT General Conditions 181. Citywide CFD. Prior to City incorporation, this development was conditioned to annex into the Riverside County Transportation and Land Management Agency (TLMA) Consolidated Landscape and Lighting Maintenance District (L&LMD) 89-1C, and the Riverside County Economic Development Agency’s (EDA) County Service Area (CSA). These entities were to provide maintenance services of certain public facilities that will benefit the proposed development. The City of Menifee has now taken over the administration of these special districts for properties within City boundaries. Although the City now has oversight, annexations into these Districts are no longer considered by the TLMA and the EDA. The development is proposing construction of certain facilities that will eventually become public or will require provision of public services. These may include maintenance and operation of water quality basins, street sweeping and maintenance, landscape (not maintained by Valleywide) streetlights, and graffiti abatement, and public parks. The City has established a citywide maintenance Community Facilities District (CFD 2015-2) that provide equivalent and additional services beyond the authorized service limits of both the L&LMD and the CSA. Annexation of the project into CFD 2015-2 will allow the development to comply with previous conditions. Prior to Final Map Recordation 182. Annexation to the Citywide Community Facilities District (CFD) 2015-2. Prior to, or concurrent with the recordation of the final map, the developer/property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee 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 (not maintained by Valleywide), streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, public parks, and other public improvements or facilities as approved by the Public Works Director. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 183. CFD 2015-2 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 recordation of a final map 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. 56 184. CFD Landscape Guidelines and Improvement Plans. Landscape improvements within public ROW and/or areas dedicated to the City for CFD 2015-2 to maintain shall be prepared on a separate City CFD plans on City title block for review and approval by the PW Engineering Department prior to issuance of a construction permit. All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines. 185. 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. G. WATER, SEWER, RECYCLED WATER Prior to Final Map Recordation 186. #53-ECS-WTR PRIOR/COMBUS. ECS map must be stamped by the Riverside County Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. 187. WET UTILITY Improvements. All potable water, sewer and recycled water improvements to serve this development shall be designed per the Eastern Municipal Water District (EMWD) standards and specifications and applicable City standards. The final design including pipe sizes and alignments shall be subject to the approval of EMWD and the City of Menifee. 188. Offsite and Onsite Lateral Connections. All onsite and offsite sewer, water and recycled water connections within the public’s ROW shall require encroachment permits from the City and shall be guaranteed for construction prior to final map recordation. H. WASTE MANAGEMENT General Conditions 189. AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a. Source separate recyclable and/or compostable material from solid waste and donate or self-haul the material to recycling facilities. b. Subscribe to a recycling service with their waste hauler. c. Provide recycling service to their tenants (if commercial or multi-family complex). 57 d. Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html# mandatory 190. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic wast4e from disposal: a. Source separate organic material from all other recyclables and donate or self-haul to a permitted organic waste processing facility. b. Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826. c. Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project. Prior to Building Permit Issuance 191. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/façade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. 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. 192. 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. 58 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. Prior to Issuance of Certificate of Occupancy 193. 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. I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 194. 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, Road & Bridge Benefit District (RBBD), Development Impact Fees (DIF), and any applicable regional fees. 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. 59 Section V: Riverside County Fire Department Conditions of Approval 60 General Conditions 195. 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. 196. Fire Hydrants. Provide fire hydrants at each street intersection and spaced not more than 330 feet apart in any direction. 197. Fire Flow. Fire hydrants shall be capable of delivering fire flow of 1,000 GPM at 20 PSI for 2 hours as required by California Fire Code and Riverside County Fire Department standards. 198. 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. 199. 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. 200. Addressing. The address will be clearly visible from public roadway, located no more than 5 feet from access to the Parcel. Numbers shall be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. Prior to Issuance of Building Permit 201. Gates. Gates shall be setback 35 feet from the street; equipped with a Knox rapid entry system; and conform to the California Fire Code and Riverside County Fire Department standards. 202. Water Plans. Prior to building permit issuance, the applicant/developer shall furnish two copies of the water system fire hydrant plans to the Fire Department for review and approval. Plans shall be signed by a registered Civil Engineer, and shall confirm hydrant type, location, spacing and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 203. 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. 61 204. Water System Prior to Combustibles On-Site. The water system shall be installed and accepted prior to bringing any combustibles on-site. Prior to Final Inspection 205. 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. 62 Section VI: Riverside County Environmental Health Conditions of Approval 63 General Conditions 206. 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. 207. Retention Basins. Any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisance. 208. Environmental Cleanup Program (ECP). Based on the information provided in the environmental assessment documents submitted for this project and a site visit conducted by Riverside County Department of Environmental Health- Environmental Cleanup Programs (RCDEH-ECP) staff and with the provision that the information was accurate and representative of site conditions, RCDEF-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) 955-8980, for further information. 209. Industrial Hygiene. Based on the County of Riverside, Industrial Hygiene Program's review of the Noise Study titled “Noise and Vibration Impact Analysis, The Lakes, TR 30422-1, City of Menifee, County of Riverside, California” dated June 2016 (PHC 1601), prepared by LSA and Associates, Inc, TR 2106-063 shall comply with recommendations set forth under the Industrial Hygiene's Program's response letter dated July 21, 2016 c/o Steve Uhlman, REHS, CIH. For further information, please contact Industrial Hygiene Program at (951)955-8980. END OF CONDITIONS 64 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)