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PC17-319 Page 1 of 62 EXHIBIT “1” Conditions of Approval for Plot Plan No. 2015-164 for a 237-Unit Apartment Complex and a Gated 102-Unit Senior (Independent) Living Facility on 17.2 Gross Acres Section I: Conditions applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Page 2 of 62 Section I: Conditions Applicable to all Departments Page 3 of 62 General Conditions 1. Project Description. Plot Plan No. 2015-164 is a proposal for the construction and operation of a 237-unit market-rate apartment complex and a gated 102-unit senior (independent) living facility on 17.2 gross acres (north of Holland Road). The 237-unit apartment complex consists of fourteen (14) three-story apartment buildings, two (2) one-story recreational buildings, two (2) pool facilities, and 450 (including in-garage) parking spaces on 8.8 acres. The senior living facility would consist of one (1) 102-unit, three-story building, a pool facility, community gardens, and 185 parking spaces on 4.8 acres. 2. 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. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2015-164 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 = Site Plan for Plot Plan No. 2015-164, , dated 5/1/17. APPROVED EXHIBIT B = Elevations and Floor Plans for Plot Plan No. 2015-164, Sheets 1-30, dated 5/1/17. APPROVED EXHIBIT L = Conceptual Landscaping and Landscape Maintenance Plan for Plot Plan No. 2015-164, Sheets 1-2, dated 5/1/17. 4. Ninety (90) Days. The permittee has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. City of Menifee. The City of Menifee is a new City, incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, Page 4 of 62 procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Permittee agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The permittee acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 7. Business License. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business licensing, contact the City of Menifee. 8. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan (incorporated within these Conditions of Approval). 9. Expiration Date. This approval shall be used within three (3) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within three (3) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the three (3)-year period, the permittee may request a one-(1)-year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests lapse, or should all two (2) one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. Use of the permit shall be considered applied to the entire project site, even if initial use prior to expiration only occurs within only one phase of the development. Page 5 of 62 Section II: Community Development Department Conditions of Approval Page 6 of 62 General Conditions 10. Comply with Ordinances. The development of these premises shall comply with the standards of Riverside County Ordinance No. 348 (hereinafter Ordinance No. 348), as adopted by the City of Menifee, City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, B, C, and L unless otherwise amended by these conditions of approval. 11. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way and so as to prevent either the spillage of lumens or reflection into the sky. 12. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT B. 13. Phases. Construction of this project may be done progressively in phases provided a phasing plan is submitted with appropriate fees to the Community Development Department and approved prior to issuance of any Building Permits. 14. Parking. Based on the Ordinance 348, Section 18.12, parking for the apartment complex and senior living facility is calculated as “residential uses: multiple family” and utilizes a parking ratio of 1.25 spaces/single-bedroom or studio dwelling unit, 2.25 spaces/two-bedroom dwelling unit, 2.75 spaces/three- bedroom dwelling unit and 1 space/employee. The minimum number of required parking spaces for the apartment complex and senior living facility is 616. There are a total of 637 parking spaces provided (187 within the independent living facility site and 450 within the at-rate apartment complex site), including twelve (12) parking space for persons with disabilities. Page 7 of 62 Unit Type Qty. Ratio Parking Required Parking Provided At-rate Market Apartments 1-bedroom 102 1.25 spaces/DU 128 450 2-bedroom 117 2.25 spaces/DU 263 3-bedroom 18 2.75 spaces/DU 50 Employees 6 1 space/employee 6 Subtotal 447 Independent Living Facility 1-bedroom 66 1.25 spaces/DU 83 187 2-bedroom 36 2.25 spaces/DU 81 Employees 5 1 space/employee 5 Subtotal 169 Total 616 637 Notes: DU – Dwelling Units A minimum of 637 parking spaces shall be provided as shown on the APPROVED EXHIBIT A, unless otherwise approved by the Community Development Department and/or Planning Commission. The parking area shall be surfaced with asphaltic concrete, concrete, or porous paving, to current standards as approved by the Department of Building and Safety. ADA Parking Spaces: A minimum of twelve (12) accessible parking spaces for persons with disabilities shall be provided consistent with ADA requirements and as approved by the City of Menifee Building and Safety Department. The location of ADA parking and paths of travel will be finalized on the final site plan of the proposed project. Each parking space reserved for persons with disabilities shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than seventy (70) square inches in area and shall be centered at the interior end of the parking space at a minimum height of eighty (80) inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of thirty-six (36) inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than seventeen (17) inches by twenty-two (22) inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at ___ or by telephoning ___." In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least three (3) square feet in size. Page 8 of 62 15. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not including on-site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. 16. Reclaimed Water. The permittee shall 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. 17. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No storage lockers, sheds, metal container bins, or metal shipping containers (excluding containers for recycling centers) will be allowed to be stored outside the building unless first reviewed and approved by the Community Development Department. 18. Construction Hours. Any construction within the City located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 19. Rules for Construction Activities. The applicant shall adhere to the Best Available Control Measures (BACMs). SCAQMD Rules that are currently applicable during construction activity for the project include, but are not limited to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403 (Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule 403 regulatory requirements that are applicable to the project are as follows:  All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.  The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. Implementation of this measure is estimated to reduce PM10 and PM2.5 fugitive dust emissions by approximately 61%.  The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5 fugitive dust haul road emissions by approximately 44%. 20. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402 which prohibits a person from discharging any source quantities of air contaminants or other material which cause injury, nuisance, or annoyance to any considerable number of persons or to the public. 21. ALUC Condition. Pursuant to the Airport Land Use Commission letter dated October 5, 2015, the following conditions shall apply: Page 9 of 62 a. Any new outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing. b. The following uses shall be prohibited: 1) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. 2) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. 3) Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, production of cereal grains, sunflower, and row drops, composting operations, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction and demolition debris centers, fly ash disposal, and incinerators.) 4) Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. c. The attached notice shall be provided to all potential purchasers of the proposed lots and to tenants of the apartments and senior living units. d. Any new aboveground detention or water quality basins on the site shall be designed so as to provide for a maximum 48-hour detention period following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in an around the detention/water quality basin(s) that would provide food or cover for bird species that would be incompatible with airport operations shall not be utilized in project landscaping. If you have any questions, please contact John Guerin, Principal Planner, at (951) 955-0982. ARCHEOLOGY 22. 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 Page 10 of 62 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 Community Development Director. 23. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.” 24. Inadvertent Paleontological Find. Should fossil remains be encountered during site development: i. 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. Page 11 of 62 ii. The applicant shall retain a qualified paleontologist approved by the County of Riverside. iii. The paleontologist shall determine the significance of the encountered fossil remains. iv. 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. v. 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. vi. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. LANDSCAPING 25. 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). 26. Viable Landscaping. All plant materials within landscaped 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 building permit landscaping install and inspection condition. 27. Landscape Plans. All landscaping plans shall be prepared in accordance with the City’s Water Efficient Landscape Ordinance. Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority. Page 12 of 62 28. Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association, individual property owner, or as otherwise established by CC&Rs. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. FEES 29. 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. Prior to Issuance of Grading Permit 30. Grading Plan Review. The Community Development Department shall review the grading plan for consistency with the approved plot plan and the conditions of approval for the plot plan. 31. 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. 32. Noise Controls. The developer shall comply with the recommendations of the Noise Impact Analysis. The Noise Impact Analysis was prepared by Urban Crossroads for this project (PP 2015-164) and is entitled ““Del Oro (Holland Road Residential), Noise Impact Analysis, City of Menifee”, dated December 10, 2015. Based on the finding of the Department of Environmental Health, Office of Industrial Hygiene, the following recommendations shall be implemented to provide sufficient attenuation to reduce the exterior noise levels to below 65 dB (A) 10 minute Leq during the day and 45 dB (A) 10 minute Leq at night for sensitive receivers. The Applicant shall submit the legally binding contract with the Project Contractor to the Community Development Department. The contract shall specify the requirements noted below. Alternatively, these requirements may be listed as notes on the grading plans and/or building plans. 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. Page 13 of 62 b. Limit haul truck deliveries to the same hours specified for construction activities (above). c. The construction contractor shall design delivery routes to minimize the exposure of sensitive land uses or residential dwellings to delivery truck- related noise. d. During all Project site construction, the construction contractor shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with the manufacturers’ standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the Project site. e. 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. 33. 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 sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty 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; Page 14 of 62 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 25 mph; l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute pe3riod 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 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. ARCHEOLOGY 34. Archeologist 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 Page 15 of 62 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. 35. Pre-Grading Meeting. The qualified archaeologist shall attend the pre-grading meeting with the contractors to explain and coordinate the requirements of the monitoring program, including a cultural sensitivity training component. 36. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 37. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on- site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Page 16 of 62 Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 38. Non-Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). PALEONTOLOGY 39. Paleontologist Required. This site is mapped as having a high potential for paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS: The permittee shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project-specific plan for monitoring site grading/earthmoving activities (project paleontologist). The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows: A. The project paleontologist shall participate in a pre-construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. B. Paleontological monitoring of earthmoving activities will be conducted on an as-needed basis by the project 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 Page 17 of 62 disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. E. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. F. 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. G. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (eg. Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet-signed original copies of the report shall be submitted directly to the Community Development Department along with a copy of this condition, deposit based fee and the grading plan for appropriate case processing and tracking. ENVIRONMENTAL PROGRAMS DEPARTMENT Page 18 of 62 40. 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 one (1) month 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 one (1) month or more, a new survey shall be required. 41. 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. FEES 42. 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 18.9 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. 43. Fees. Prior to issuance of grading 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 permittee. Page 19 of 62 Prior to Issuance of Building Permit 44. 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. 45. Lot Line Adjustment Required. A lot line adjustment to modify the lot to match the parcels lines on APPROVED EXHIBIT A is required prior to issuance of a building permit. 46. 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. Prior to issuance of building permits, the Community Development Department shall determine that the building plans are in substantial conformance to APPROVED EXHIBIT A, B, and L. Building and Safety will require the following items: 1. Plans shall be designed to the provisions of the 2016 edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 2. Five (5) sets of plan drawings shall be submitted along with three (3) 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. 47. Exterior Noise Mitigation. The construction of a six-foot-high noise barrier shall be required for the first floor patios of multi-family residential building facing Holland Road. All barriers shall be constructed so the top of the wall extends 6.0 feet above the pad elevation. If the road at this point is elevated above the pad, the barrier shall extend 6.0 feet above the highest point between the home and the road. 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. Barrier may be constructed using one of the following: Page 20 of 62  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 48. Interior Noise Mitigation. Structures shall include the following architectural noise reducing features in order to achieve at least a noise reduction rating of 25.1 dB A for the following: 1) multi-family residential building adjacent to Holland Road and Hanover Lane; and 2) senior living buildings adjacent to Holland and Palomar Roads: Windows: a) Multi-family building adjacent to Holland Road shall have the following:  Upgraded second and third floor windows and sliding glass doors with a minimum sound transmission class (STC) rating of 28  Standard first floor windows and sliding glass doors with a minimum STC rating of 27. b) All other building listed above require windows and sliding glass doors which are well fitted, well weather-stripped assemblies and shall have a minimum sound transmission class (STC) of 27. Doors: All exterior doors shall be well weather-stripped solid core assemblies at least one and three-fourths-inch thick. Roof: Roof sheathing of wood construction shall be well fitted or caulked plywood of at least one-half inch thick. Ceilings shall be well fitted, well-sealed gypsum board of at least one-half inch thick. Attic: Attic vents should be oriented away from Holland Road. If such an orientation cannot be avoided, then acoustical baffles shall be placed in the attic space behind the vents. Insulation with at least a rating of R-19 shall be used in the attic space. Ventilation: Arrangements for any habitable room shall be such that any exterior door or window can be kept closed when the room is in use and still receive circulated air. A forced air circulation system (e.g. air-conditioning system) or active ventilation (e.g. fresh air supply) shall be provided which satisfies the requirements of the Uniform Mechanical Coad. Page 21 of 62 49. 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. 50. 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. 51. Elevations. Elevations of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. If building plans are proposed that alter the elevations as shown on APPROVED EXHIBIT B a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1), or subsequent City ordinance (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 shall be submitted to the Community Development Department for review and approval. If substantial modifications are proposed to the elevations, the Community Development Director may determine that Planning Commission review and approval is required. 52. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT B. 53. Lighting. The building plans shall show the location and types of light fixtures that will be within the project site and on the building. Lighting fixtures shall be decorative. Shoe-box-type lighting will not be allowed. The types of lighting fixtures used shall be subject to Community Development Department approval. The location of lighting shown on the building is for conceptual purposes only and may be relocated during the building plan check. Architecturally appropriate themed lighting fixtures shall be located along the project perimeter, project entrances, and other focal points on the project site and shall be subject to Community Development Department review and approval. All parking lot lights and other 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. 54. Roof-Mounted Equipment Plans. Roof-mounted equipment shall be shielded from ground view. All building plans shall show all roof-mounted equipment and methods for screening and shall be submitted to the Community Development Department for review and approval prior to Building Permit issuance. The plans shall be approved prior to issuance of a Building Permit. Screening material shall be subject to Community Development Department approval. Community Development staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans prior to final occupancy. Page 22 of 62 55. Screening of Accessory Structures. Screening of trash receptacles within trellised enclosures and encasing mechanical equipment within small structures compatible in color and materials to the adjacent landscaping or the primary structures shall be required and methods of screening shall be included on building plans and/or landscaping plans. 56. Security Systems. Prior to the issuance of Building Permits, the applicant shall prepare a security plan for the site and shall submit said plan to the Riverside County Sheriff’s Department. The security plan for this project shall include a comprehensive security camera system that covers the entries and exits as well as the front office buildings (i.e., the security plan need not cover each individual unit). Security cameras covering all four corners in the interior of the complex are also recommended. This security camera system shall be based in one of the buildings containing the management office for this development, or inside a security office located within one of the buildings or other place acceptable to the Sheriff’s Department, that is accessible to law enforcement at all times of the day and night. The plan shall be approved by the Sheriff’s Department prior to issuance of Building Permits. The Sheriff’s Department shall verify the security system has been installed prior to final occupancy. 57. Wall and Fencing Plan. A wall and fencing plan shall be submitted, if walls and fencing are proposed, showing all wall and fence locations and typical views of all types of fences or walls proposed. This plan shall require anti-graffiti coatings on fences and walls, where applicable. This plan shall be in substantial conformance to Approved Exhibit A. 58. Entry Monument Plans. The land divider/permit holder shall file three (3) sets of an Entry Monument plot plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act), along with the current fee. The plan shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval. The entry monument locations and types are anticipated to be as follows: For the market-rate apartment complex:  One (1) monument sign at the primary vehicle entry off of Hanover Lane; and  One (1) monument sign at the secondary vehicle entry off of Holland Road. For the independent senior living facility:  One (1) monument sign at the vehicle entry off of Palomar Road; and  One (1) monument sign at the northwest corner of Palomar Road and Holland Road. The plot plan shall contain the following elements: Page 23 of 62 1) A color rendering of a frontal view of all/the entry monument(s) with landscaping. 2) A plot plan of the entry monuments with landscaping drawn to an engineer's scale. If lighting is planned, the location of lights, their intended direction, and proposed power shall be indicated. 3) An irrigation plan for the entry monument(s) and/or gate(s). 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. LANDSCAPING 59. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by 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 One-Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. 60. 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, 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. Page 24 of 62 2) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Community Development Department. Utilities shall be placed underground. 3) Any required landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 4) Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, groundcover, shrubs, and specimen trees in conjunction with meandering sidewalks, benches, and other pedestrian amenities where appropriate as approved by the Community Development Department. 5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 6) Landscaping plans shall incorporate native and drought-tolerant plants where appropriate. 7) Turf shall be eliminated in areas unless purposed for active use. 8) All basins for drainage and/or water quality shall be screened from view with landscaping. 9) All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked. 10) 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. 11) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where possible. 12) Tree Sizing. As stated in the Community Development Department’s Plan Check #3 comment letter dated May 5, 2016, Municipal Code Section 9.86, Table 9.86-070-1 requires that 10% of trees be 48-inch box or larger, 10% be 36-inch box, and 10% be 24-inch box within the Page 25 of 62 boundaries of the Plot Plan. The plant palette legend shall be revised accordingly. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by these 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. 61. 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). 62. Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. 63. Landscape Inspections. 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, installation, Six Month, and One Year Landscape Inspections. The amount of hours for pre installation, installation, Six Month, and One Year Landscape Inspections is estimated to be $5,000. FEES 64. 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 permittee. 65. Quimby Fees. Payment of in-lieu fees. The proposed project 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 Project Applicant, 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 within the apartment complex to fulfill its obligations, and prior to the issuance of the first certificate of occupancy of any unit within the senior living facility to fulfill its obligations. . 66. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 67. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. Prior to Final Inspection 68. Archeology Report - Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) Page 26 of 62 copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Pechanga Cultural Resources Department. 69. Paleontological Monitoring Report. Prior to final inspection, the permittee shall submit to the Community Development Department, two (2) copies of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County’s Paleontology Consultant List. A deposit for the review of the report will be required. 70. 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. 71. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on the APPROVED EXHIBIT B. 72. Roof Mounted Equipment. Prior to final occupancy, Community Development staff will verify that all roof-mounted equipment has been screened in compliance with the approved plans. 73. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the permittee provides to the Department of Building and Safety and the Community Development Department a definitive statement from the utility provider refusing to allow underground installation of the utilities they provide, this condition shall be null and void with respect to that utility. 74. Roll Up Garage Doors. All apartment garage doors shall be automatic roll-up doors. 75. Condition Compliance. The Community Development Department shall verify that the Development Standards and all other preceding conditions have been complied with prior to any use allowed by this permit. 76. Security Systems. The Riverside County Sheriff Department and/or Community Development Department shall verify that the security system has been installed in compliance with the Riverside County Sherriff Department’s requirements prior to final occupancy. Page 27 of 62 77. Final Planning Inspection. The permittee shall obtain final occupancy sign-off from the Community Development Department 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, parking lot layout, decorative paving, etc. The permittee shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. LANDSCAPING 78. 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?” 79. Landscape/Irrigation Install Inspection. The permittee’s 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. A One Year Post-Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections. 80. Landscape Installation. All required landscape planting and irrigation, including but not limited to onsite, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 and 9.86 (as adopted and any amendments thereto), Eastern Municipal Water District requirements 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. 81. 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 82. Ordinance No. 659 Fee (DIF). Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the permittee shall comply with the provisions of Riverside County Ordinance No. 659 (hereinafter Page 28 of 62 Ordinance No. 659), as adopted by the City 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. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 659 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 83. Open Space Fee (MSHCP). Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the permittee shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 84. 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 within the apartment complex to fulfill its obligations, and prior to the issuance of the first certificate of occupancy of any unit within the senior living facility to fulfill its obligations. 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. 85. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. Prior to Issuance of Given Building Permit or Occupancy CENTRAL AMENITIES and OPEN SPACE CONDITIONS The Community Development Director shall have the ability to defer the installation of the landscaping and central amenities as noted below, but may require performance securities and additional deposits to cover administrative costs. Under no circumstance shall landscaping be deferred if 80% of the units has been issued permits. The installation of landscaping within open space area that will be maintained by the Community Facilities District (CFD) can be modified or deferred by the Engineering and Public Works Department. As some open space areas noted below may contain water quality basins, the installation of landscaping and completion of those lots may be Page 29 of 62 required at an earlier time than what is noted in the conditions by the Engineering and Public Works Department in order to mitigate water quality impacts of the development. 86. Design Plans for Recreational Building 1 and 2. Prior to issuance of the 1st building permit within the market-rate apartment, the applicant or applicant-in- successor shall submit and obtain approval of detailed (working drawing) plans (minor plot plan submittal) for Recreational Building 1 and 2 from the Community Development Department. 87. Installation of Recreational Building 1. Prior to issuance of a building permits for the 5th residential building within the market-rate apartment portion of the project, for the Recreational Building 1 as shown on Approve Exhibit B, all landscaping, irrigation, and structures shall be installed, inspections completed and passed, performance securities posted and Recreational Building 1 shall be open to the residents of the market-rate apartment complex. 88. Installation of Recreational Building 2. Prior to issuance of building permits for the 9th residential building within the market-rate apartment portion of the project, for the Recreational Building 2 as shown on Approve Exhibit B, all landscaping, irrigation, and structures shall be installed, inspections completed and passed, performance securities posted and Recreational Building 2 shall be open to the residents of the market-rate apartment complex. 89. Installation of Proposed Earthen Channel. Prior to issuance of the 170th building permits (50% total), or as determined by the Engineering and Public Works Department, whichever occurs first, all landscaping and irrigation within the proposed earthen channel as shown on Approved Exhibit A shall be installed, inspections completed and passed, and performance securities posted. 90. Design Plans for Independent Senior Living Facility Central Amenities. . Prior to issuance of the 1st building permit within the independent senior living facility, the applicant or applicant-in-successor shall submit and obtain approval of detailed (working drawing – minor plot plan submittal) plans for the outdoor living room, pool facility and community gardens within the independent senior living facility, as shown on Approved Exhibit B, from the Community Development Department. 91. Installation of Independent Senior Living Facility Central Amenities. Prior to release of occupancy for the independent senior living facility, all landscaping, irrigation, and structures shall be installed, inspections completed and passed, performance securities posted and the outdoor living room, pool facility and community gardens within the independent senior living facility, as shown on Approved Exhibit B, shall be open to the residents of the market-rate apartment complex. Page 30 of 62 Section III: Engineering/Transportation/ Grading Conditions of Approval Page 31 of 62 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. GENERAL 92. Subdivision Map Act. The developer/property owner shall comply with the State of California Subdivision Map Act. 93. 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. 94. 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. 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. 95. 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. 96. 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. 97. Construction Times of Operation. The developer/property owner shall monitor, supervise, and control all construction and construction related activities Page 32 of 62 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. 98. Bond Agreement, 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. 99. Existing and Proposed Easements. The submitted site plan 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. If no final map will be processed, all proposed new easements or vacations or quitclaims of easements shall be recorded per separate instruments prior to building permit issuance. Prior to recordation, all easement, vacation or quitclaim documents shall be reviewed and approved by the PW Engineering Department. 100. Dry Utility Installations. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Public Works Director/City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. 101. Process a Lot Line Adjustment. The project is a proposed development of two parcels totaling 16.55 acres into a multi-family residential project and a senior living facility. The two parcels will require adjustments of property lines to fit the Page 33 of 62 proposed land uses. Prior to issuance of any building permit, the developer/applicant shall process a Lot Line Adjustment to delineate the proposed property limits between the two projects. The LLA shall be reviewed and approved by the PW Engineering Department and the Community Development Department. GRADING General Conditions 102. 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. 103. Regulations and Ordinance on Grading within City. Notwithstanding anything to the contrary proposed by all grading shall conform to the latest edition of the California Building Code, City General Plan, City adopted Ordinance and all other relevant laws, rules and regulations governing grading in the City of Menifee. 104. Obey All Grading Regulations. All grading shall conform to the latest edition of the California Building Code, applicable City ordinances and all other relevant laws, rules and regulations governing grading in Riverside County. 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. 105. Grading Permit for Disturbed Soil. City ordinance on grading requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 106. 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. 107. 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. 108. 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. 109. Minimum Drainage Grade. Minimum drainage grade shall be 1% except on Portland cement concrete where 0.50% shall be the minimum. Page 34 of 62 110. 100-Year Drainage Facilities. All drainage facilities shall be designed to accommodate 100 year storm flows or as approved by the PW Engineering Department. 111. Slope Setbacks. Observe slope setbacks from buildings and property lines per the California Building Code and City ordinance on grading. 112. Drainage and Terracing. Provide drainage facilities and terracing in conformance with the California Building Code’s chapter on “Grading.” 113. No Grading or Subdividing. 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. Landscape plans are to be signed and bonded per the requirements of Ordinance 457. 114. 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 30 feet in vertical height, unless addressed in a previously City approved report. 115. 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. Prior to Grading Permit Issuance 116. NPDES/SWPPP. Prior to approval of the grading plans, the developer/property owner 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 be responsible for the preparation and uploading of 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. 117. SWPPP for Inactive Sites. The developer/property owner shall be responsible for ensuring that any graded area left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development. Page 35 of 62 118. Grading Bonds. Grading in excess of 199 cubic yards will require performance security to be posted with the PW Engineering Department. 119. 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 City ordinance. 120. Geotechnical/Soils Reports. 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. 121. Drainage Design Q100. All grading and drainage shall be designed in accordance with Riverside County Flood Control & Water Conservation District's drainage design guidelines. If not specifically addressed in these conditions, drainage shall be designed to accommodate 100 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). 122. Offsite Grading. Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain all proposed or required easements and/or permissions necessary to perform offsite grading, from affected land owners. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works Engineering Department. 123. 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 124. 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. Page 36 of 62 125. Final Rough Grading Conditions – Prior to issuance of each building permit, the developer/property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction. The certifications shall use City approved forms, and shall be submitted to the Public Works Engineering Department for verification and acceptance. 126. Conformance to Elevations/Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. Prior to Issuance of Certificate of Occupancy 127. Plant and Irrigate Slopes - CONDITIONS TO BE FULFILLED PRIOR TO FINAL OCCUPANCY APPROVAL: All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes. Slopes greater than or equal to 3' in vertical height shall have erosion control measures provided. Slopes that exceed 15' in vertical height are to be provided with additional shrubs and trees as approved by the PW Engineering Department. Drip irrigation shall be provided for all irrigated slopes. 128. 1/2"/ft./3 ft. Minimum for Finish Grade. Finish grade shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one-half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1½ inches deeper than the adjacent finish grade at the foundation. DRAINAGE General Conditions 129. Drainage Guideline 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 recorded as separate documents if no final map will be processed by this development. The easement shall include a statement indicating that no building, obstructions, or encroachments by landfills are allowed in dedicated drainage easement. 130. Drainage Guideline 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 Page 37 of 62 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. 131. Preliminary Drainage Studies Submitted. The developer/property owner submitted two separate drainage studies addressing the pre and post development drainage conditions for this development and the single family residential subdivision south of Holland Road. The studies dated March 22, 2107 for both this project (PP2015-164) and the residential subdivision to the south (TR36852), were prepared by Rick Engineering and have been concurred with by the City and Flood Control on April 5, 2017. The developer owns both projects and are processing concurrent entitlements for both. Both the City and the Riverside County Flood Control District have reviewed the reports and generally concurred with the methodology and findings of the reports. However, in final engineering and prior to approval of all proposed storm drain facilities, the developer/property owner shall submit final drainage reports for review and approval by the City and the District. 132. Flood Hazard Report (Riverside County Flood Control District Review). This development (Plot Plan 2015-164) includes a multi-family residential complex with a senior independent living center located at the northwest corner of Holland Road and Palomar Road. A residential tract development (Tract 36582) located south of this development on Holland Road is also being proposed by this property owner for development into single family residential subdivision. The materials reviewed by the Riverside County Flood Control District included tentative site-plan exhibits and the drainage reports for both developments north and south of Holland Road. The developed area to the east drains to two District facilities, Menifee Valley - Palomar Road Storm Drain (Project No. 4-0-00167; Drawing No. 4-0807) and Menifee Lakes - Holland Road Storm Drain (Project No. 4-0-00149; Drawing No. 4-0777). While the majority of this project does not drain to the Palomar Road Storm Drain, some diversions and modifications to the Palomar Road Storm Drain outlet channel are being proposed. Most of the site drains northerly to an existing earthen channel, known as "Menifee Channel", which may have been constructed when the adjacent school site was developed. The Menifee Channel drains northerly to the Menifee Lakes housing development. While the lakes are designed to accept the tributary watershed, little is known regarding the capacity of the Menifee Channel or who is responsible for its maintenance. Therefore, it is recommended that Tract 36852 mitigate for its incremental increased runoff due to development (100- year, 6-hour storm). The residential development Tract 36852 to the south includes an increased runoff basin within the north western corner of the residential project and the apartment complex-senior citizen community includes a channel along the westerly and northerly boundaries that will be used to convey offsite flows and mitigate for increased runoff. It is the District's understanding that each project will separately mitigate its increased runoff contribution. The project is not located within a District adopted drainage fee area (Area Drainage Plan). Page 38 of 62 133. Coordinate Drainage Design. Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City for review and approval. 134. Temporary Easement for City Holland Bridge Project. The City of Menifee is constructing a Capital Improvement Project (CIP) called the Holland Road Overcrossing project, located west of this development. The flows from this CIP project area drains to this development in pre-development condition. In post development condition, offsite flows will still drain to the project through a proposed earthen channel located along the western and northern boundaries of the project. The offsite flows will then exit the development at the northeast corner and into the “Menifee Channel”. In the event the CIP Holland project starts construction ahead of this development, the City’s CIP project will construct a retention basin on the project site designed to drain so as not to create a man- made biological condition. The City will be responsible for the basin maintenance. In return, the developer/applicant shall grant a temporary easement to the City for basin construction and maintenance until such time that this project develops and the basin is no longer necessary. 135. Timing for Construction of the Onsite Earthen Channel. In addition to offsite flows draining to the proposed earthen channel, the channel is also designed to accept and convey treated flows from the tract development south of Holland (TR36852). As previously mentioned elsewhere in these conditions of approval, TR36852 is also owned and being processed concurrently by the developer/property owner. TR36852 is designed to drain treated flows from its developed site to the earthen channel. Therefore in the event TR36852 develops ahead of PP2015-164, the earthen channel must already be constructed and made operational by the developer/property owner. 136. 100-Year Sump Outlet. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100-year storm flows. Additional emergency escape shall also be provided. 137. 10-Year Curb / 100-Year 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. All lots shall be graded to drain to the adjacent street or an adequate outlet 138. Perpetual Drainage Pattern. The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the Page 39 of 62 recorded drainage easement shall be submitted to the City for review and approval. 139. Emergency Escape. An emergency escape path shall be provided for the stormwater runoff at all inlets for the proposed underground facilities in the event that the inlets become blocked with debris. To prevent flood damage to the proposed structures, all proposed structures in the vicinity of the inlets and along the emergency escape path shall be protected from flooding by either properly elevating the finished floor in relation to the inlets and flow path or by making sure the structures are set back from the inlets to provide adequate flow through area in the event the emergency escape of the stormwater runoff is necessary. 140. Increased Runoff Criteria. The development of this site would increase peak flow rates on downstream properties. Mitigation shall be required to offset such impacts. An increased runoff basin should be shown on the exhibit and calculations supporting the size of the basin shall be submitted to the District and the City for review. The entire area of proposed development will be routed through a detention facility(s) to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable. A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention basin shall be submitted to the City for review and approval. For design purposes, the proposed detention basin shall be sized using the 6-hour/100-year frequency storm event. Detention basin(s) and outlet(s) sizing will ensure that this storm event does not produce higher peak discharge in the "after" condition than in the "before" condition. For the 100-year event, an AMC II shall be used together with a constant loss rate. Low Loss rates will be determined using the following: 1. Undeveloped Condition --> LOW LOSS = 90% 2. Developed Condition --> LOW LOSS = .9 - (.8x%IMPERVIOUS) 3. Basin Site --> LOW LOSS = 10% Where possible and feasible the onsite flows should be mitigated before combining with offsite flows to minimize the size of the detention facility required. If it is necessary to combine offsite and onsite flows into a detention facility two separate conditions should be evaluated for each duration/return period/before-after development combination studied; the first for the total tributary area (offsite plus onsite), and the second for the area to be developed alone (onsite). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or onsite alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre-developed, post-developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study. No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter. Page 40 of 62 The basin(s) and outlet structure(s) must be capable of passing the 100-year storm without damage to the facility. Mitigation basins should be designed for joint use and be incorporated into open space or park areas. Side slopes should be no steeper than 4: 1 and depths should be minimized where public access is uncontrolled. Mitigation basins should be designed for joint use and maybe incorporated into open space or park areas. Side slopes should be not steeper than 4: I and depths should be minimized where public access is uncontrolled. A viable maintenance mechanism, acceptable to the City should be provided for any flood control facilities to be owned and maintained by the City. Any facilities proposed to be owned by the District, should be provided with a viable maintenance mechanism acceptable to the City and the District. For the City this would be the citywide CFD 2015-2. Facilities to remain private shall be maintained by commercial property owners association or homeowners associations. 141. Onsite Easement over Earthen Channel. Onsite drainage facilities located outside of road right of way shall be contained within drainage easements shown on the final site plan. A note shall be added stating, "Drainage easements shall be kept free of buildings and obstructions". 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 Building Permit Issuance 143. Removal of Culvert on Hanover Lane. The western portion of Holland Road will drain west and then north along Hanover Lane and into a proposed catch basin. This catch basin will also pick-up the flows draining south along Hanover Lane. The existing culvert on the southern site will be removed and flows will be directed to the catch basin. The culvert removal and catch basin construction on Hanover will be constructed with either the multifamily/senior living or the tract to the south (TR36852) whichever develops first. 144. 60” Storm Drain Improvement on Palomar Road. The 60” storm drain facility along Palomar shall be improved to Flood Control Districts’ specifications and standards, Connection to the District’s facility to the north shall be designed and approved by Flood Control. Appropriate drainage and maintenance easement shall be provided and recorded prior to SD plan approval. 145. 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. If the developer cannot obtain such rights, the map shall be redesigned to eliminate the need for the easement. Page 41 of 62 146. Drainage Facility for Ownership and Maintenance by Flood Control District. Proposed drainage facilities requested for ownership and maintenance by Flood Control District shall be designed per applicable District standards and guidelines, including conditions of approval required for said drainage facilities. Prior to recordation of the final map or building permit whichever is applicable, the developer/property owner shall enter into a three party cooperative agreement with the City and Flood Control. Both the Riverside County Board of Supervisors and the City of Menifee City Council shall approve the agreement. 147. Three (3) Items to Accept Storm Drain Facility. Construction inspection of the flood control facilities or storm drain system to be built with this development must be performed by either or both the City’s Public Works Engineering Department and the 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 be addressed to the General Manager-Chief Engineer, Attn: Chief of the Planning Division. If the Flood Control District is willing to maintain the requested facilities, three items must be accomplished prior to recordation of the final map or starting construction of the drainage facilities: 1) the developer shall submit to the District the preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the District and secure that right of way to the satisfaction of the District; 2) an agreement with the District and any maintenance partners must be executed which establishes the terms and conditions of inspection, operation and maintenance; and 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. An application to draw up an agreement must be submitted to the attention of the District's Administrative Services Section. All right of way transfer issues must be coordinated with the District's Right of Way Section. The engineer/developer will need to submit proof of flood control facility bonds and a certificate of insurance to the District's Inspection Section before a pre- construction meeting can be scheduled. Prior to Grading Permit Issuance 148. Riverside County Flood Control Encroachment Permit Required. An Encroachment Permit Is required for any work within District right of way or any connection to District facilities. The Encroachment Permit application shall be processed and approved concurrently with the improvement plans. . 149. Riverside County Flood Control Submittal of Plans. A copy of the project specific WQMP, improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations (drainage report) shall be submitted to the District as reference material for the review and approval of the final drainage report and storm drain plans that propose construction of storm drain facilities that will be owned and maintained by the District. Page 42 of 62 150. Riverside County Flood Control Facility Completion. The City will not release occupancy permits prior to the City’s determination that construction of the proposed drainage system is substantially complete. 151. Drainage Easement over Proposed Earthen Channel for Offsite Flows. A proposed earthen channel will be constructed along the northern and western boundaries of the site, and then will outlet into the Menifee Channel to the north. This earthen channel will also receive offsite flows that are naturally draining into the site prior to development. These include flows from Hanover Lane and Holland Road. Prior to grading permit issuance the developer/property owner shall dedicate and record a drainage easement to accept these offsite flows. The easement shall be granted through a separate instrument if the project is not processing a final map. NPDES, SWPPP and WQMP General Conditions 152. 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. 153. Water Quality Management Plan (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. This project is within the Santa Ana River (SAR) watershed, therefore the WQMP requirements for the SAR will apply. The Regional Board approved WQMP guidelines and templates to assist the developer in preparing the necessary WQMP are available on-line at 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 in compliance with the latest WQMP guidelines approved by the Regional Board. 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. To comply with this requirement the developer has submitted a PRELIMINARY Project Specific WQMP that has been reviewed and determined by the PW Engineering Department as meeting the minimum requirements for a preliminary WQMP. Page 43 of 62 154. Trash Enclosures Standards and Specifications – Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: (a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. (b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. (c) Provision of concrete slab floor, graded to collect any spill within the enclosure. (d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. (e) The enclosure area shall be protected from receiving direct rainfall or run- on from collateral surfaces. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: (a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. (b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. (c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins Prior to Grading Permit Issuance 155. 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. The final construction plans shall incorporate all of the structural BMP’s identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: Page 44 of 62  Hydrology/hydraulics report  Soils Report that includes soil infiltration tests for areas where BMPs are proposed  Phase II Environmental Site Assessment Report, as maybe required by the approved Phase I ESA. 156. 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. 157. Establish Maintenance Entity for WQMP BMPs. This project proposes BMP facilities that will require maintenance by a public agency or property owner’s 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 as determined by the PW Director. 158. 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 159. 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 160. 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 Page 45 of 62 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. 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 A copy of the notarized affidavit must be placed in the final WQMP 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. 161. 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 are completed and operational. 162. 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. 163. BMP Maintenance and Inspections. If the development is establishing a Homeowners Association or a Property Owners Association (HOA or POA), the CC&R's for the development's POA or 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. TRAFFIC ENGINEERING, STREET IMPROVEMENTS AND DEDICATIONS General Conditions 164. Road Improvements. All required road improvements shall be per the City of Menifee General Plan designations, as adopted by the City of Menifee City Council, or as modified by the PW Director for the approved Plot Plan. Page 46 of 62 165. City Standards and Ordinances. The developer/property owner shall provide all street improvements and road dedications set forth herein and in accordance with City adopted County Ordinances 460 and 461 and City street improvement standards and policies. It is understood that the submitted site plan 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 site plan 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. 166. Offsite Phase. Should the developer/property owner choose to phase the construction of any portion of this project, any necessary off-site access roads to City maintained roads shall be provided as approved by the PW Engineering Department. 167. Soils and Pavement Report. Street pavement structural designs shall comply with the recommendations in the City approved Project soils and pavement investigation report, and must meet City standards and specifications, as approved by the PW Director. 168. Intersection/50' Tangent. All centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50' tangent, measured from flowline/curb face or as approved by the PW Engineering Department. 169. Easements on Separate Instrument. Any easement not owned by a public utility, public entity or subsidiary, not relocated or eliminated prior to building permit issuance, shall be delineated on the final site plan in addition to having the name of the easement holder, and the nature of their interests, shown on the final site plan. New easements shall be recorded via separate instruments. 170. Vehicular Access Restriction. The developer/property owner shall release and relinquish all vehicular access rights along Holland Road, Hanover Lane and Palomar Road, except at approved intersections and driveways. These restrictions shall be noted on the approved site plan. 171. Signing and 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. 172. 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. 173. 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. Page 47 of 62 174. Streetlight Design as LS-3 Rate Lights – All public streetlights, other than traffic signal safety lights, shall be designed as LS-3 rate lights in accordance with approved City standards and specifications, and as determined by the PW Director. 175. 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. Inclusion into an existing CSA or L&LMD 89-1c does not guarantee exemption from annexation requirement into the Citywide CFD 2015-2. 176. Onsite and Offsite Public Streetlights Ownership and Maintenance. All proposed public street lights shall be designed in accordance with City approved standards and specifications, as determined and approved by the PW Director. Unless determined otherwise by the PW Director/City Engineer, the City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and therefore shall be provided with adequate service points for power. The design shall be incorporated in the project’s street improvement plans or in a separate street light plan or as determined and approved by the PW Director. 177. 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. 178. Street Sweeping and Pavement Maintenance. The property owner shall file for annexation or inclusion into the Citywide Community Facilities Maintenance District, CFD 2015-2 for street sweeping services and street pavement maintenance. 179. Landscaping Annexation Application. Landscaping within public road rights- of-way shall comply with the PW Department standards and require approval by the PW Engineering Department. Assurance of continuing maintenance is required by showing proof of inclusion into an existing County Service Area, or the Landscaping and Lighting Maintenance District NO. 89-1-Consolidated, or by filing an application for annexation into the Citywide CFD 2015-2. 180. 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 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. For landscaping maintenance to be annexed to a City administered Landscaping and Lighting Maintenance District, the landscaping plans shall depict ONLY such landscaping, irrigation and related facilities. Page 48 of 62 181. 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. 182. 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. 183. 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. Prior to Building Permit Issuance 184. Holland Road Dedication. Holland Road is designated a Major, four lane divided Class II Bike Road in the City General Plan. The developer/property owner shall dedicate the necessary Holland Road right of way fronting the development to meet Class II Bike Lane designation and the 59 feet half width street right of way from the street centerline per the approved Plot Plan. 185. Hanover Lane Dedication. Hanover Lane is designated a Collector Road, Class III Bike Lane in the City General Plan. The developer/property owner shall dedicate the necessary Hanover Lane right of way fronting the development to meet the Class III Bike Lane designation and the 37 feet half width street Right of Way from the street centerline per the approved Plot Plan. Prior to Issuance of Certificate of Occupancy 186. Traffic Signal Mitigation Program. The property owner/developer shall participate in the Traffic Signal Mitigation Program determined by the Traffic Impact Analysis approved by the PW ENGINEERING DEPARTMENT. 187. Traffic Impact Analysis. Traffic Engineering reviewed the Del Oro (Holland Road Residential) Traffic Impact Analysis Report (Urban Crossroads, January 18, 2017) and concurs with the analysis findings and recommendations. As Page 49 of 62 recommended in the TIA report, the property owner/developer shall implement the following intersection and roadway improvements: Prior to Issuance of Certificate of Occupancy (a) Hanover Lane / “Driveway 1”–Cantabria Apartments Driveway The intersection of Hanover Lane / “Driveway 1”–Cantabria Apartments Driveway shall be constructed with the following geometrics:  Northbound: One shared left-turn/through/right-turn lane  Southbound: One shared left-turn/through/right-turn lane  Eastbound: One shared left-turn/through/right-turn lane (stop controlled)  Westbound: One shared left-turn/through/right-turn lane (stop controlled) (b) Hannover Lane/Holland Road. The westbound approach of the intersection of Hannover Lane/Holland Road shall be improved to provide one left-turn lane, one through lane, and one shared through/right-turn lane. (c) Project Driveway Entrance on Holland. The intersection of Street “B” (TR36582)/South Project Driveway Entrance/ Holland Road shall be constructed with the following geometrics:  Northbound: One right-turn only lane (stop controlled)  Southbound: One right-turn only lane (stop controlled)  Eastbound: One through lane and one shared through/right-turn lane  Westbound: One through lane and one shared through/right-turn lane (d) Palomar Road / “Driveway 2”–Midsummer Lane The intersection of Palomar Road / “Driveway 2”–Midsummer Lane shall be constructed with the following geometrics:  Northbound: One shared left-turn/right-turn lane  Southbound: NA  Eastbound: One shared through/right-turn lane (stop controlled)  Westbound: One shared left-turn/through lane (stop controlled) (e) Palomar Road/Holland Road. The westbound approach of the intersection of Palomar Road /Holland Road shall be improved to provide one left-turn lane, one through lane, and one shared through/right-turn lane. (f) Hanover Lane from Holland Road to the northern project boundary shall be improved to its ultimate half-section width as a Collector (74-foot right- of-way) roadway along the project frontage (east side of roadway). (g) Holland Road from Palomar Road to Hanover Lane shall be improved to its ultimate half-section width as a Major (118-foot right-of-way) roadway along the project frontage (north side of roadway). Page 50 of 62 (h) Palomar Road from Holland Road to the northern project boundary shall be improved to its ultimate half-section width as a Local (60-foot right-of- way) roadway along the project frontage (west side of roadway). 188. Holland Road Improvements. Holland Road fronting the development shall be improved for half street width. An additional 12 feet improvement past the centerline may also be required with design details approved by the PW Director. The improvement shall meet the cross section requirement for a major road, including a Class II Bike lane. Improvement shall extend a minimum of 300 feet past the project boundary line with appropriate transitions approved by the PW Director. 189. Hanover Lane Improvements. Hanover Lane fronting the development shall be improved for half street width. An additional 12 feet improvement past the centerline may also be required with design details approved by the PW Director. The improvement shall meet the cross section requirement for a collector road, including a Class III Bike lane. Improvement shall extend a minimum of 300 feet past the project boundary line with appropriate transitions approved by the PW Director. 190. Palomar Road Improvements. Palomar Road north of Holland is designated local road, Class III bike lane in the City General Plan. This section of Palomar Road shall be improved with 20 feet of asphalt concrete pavement within the existing 60 foot right-of-way in accordance with current City standards. The improvement shall meet the cross section requirement for a local road, and shall extend a minimum 300 feet past the project boundary line with appropriate transitions approved by the PW Director. 191. Palomar Road Improvements at the Project Driveway Entrance. A road barricade for Palomar Road north of the project’s driveway entrance across from Midsummer Lane shall be designed and approved by the PW Engineering Department. The barricade should consist of removable devices such as bollards to allow emergency and maintenance vehicles to access the termination of Palomar Road north of Midsummer Lane when needed. Adequate road signage to warn vehicles of temporary road termination shall be provided and design approved by the PW Director. 192. Bike Lane Designations. Holland Road is designated Class II Bike Lane in the City General Plan, and Hanover Lane and Palomar Road are designated Class III Bike Lanes. Improvements for these offsite roads shall include necessary lane widths and street striping to attain the roads respective bike lane designations. 193. Corner Cutbacks at Project Entrances. All corner cutbacks at project entrances shall be determined and approved by the PW Engineering Department. 194. Street Improvement Plan Profile. 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. Page 51 of 62 195. Reconstruction or Resurfacing Existing Offsite Streets. The PW Director may consider reconstruction or resurfacing of existing offsite street paving fronting the development to meet existing conditions with acceptable overlays, provided streets are found meeting the minimum City standards for pavement conditions at the time of project construction. If it is determined during project construction that the existing offsite street improvements are substandard, the Public Works Director will require the developer to provide full reconstruction as provided for in these conditions of approval. 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. The PW Director shall have the final approval for all streets conditions. 196. Bus Shelter on Holland Road. Prior to issuance of any certificate of occupancy for the senior living facility, the developer/property owner shall construct a bus shelter on Holland Road at the front of the Senior Independent Living, per RTA standards and/or as approved by the PW Director. 197. Offsite Landscaping Public ROW. Landscaping shall be installed within the ROW and dedicated public landscape easements along Hanover Lane, Holland Road and Palomar Road. 198. 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. 199. 80% Completion. Occupancy releases will not be issued to Building and Safety for any units in the apartment complex exceeding 80% of the total units, or for the senior independent development 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) With the exception of those utilized as part of the project specific WQMP for the project, storm drains and flood control facilities 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 Page 52 of 62 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 and any storm drain facilities that are part of the BMP or WQ system must be complete and operational prior to issuance of any Certificate of Occupancy. COMMUNITY FACILITIES MAINTENANCE DISTRICT General Conditions 200. Citywide CFD 2015-2. The development is proposing construction of certain facilities that will eventually become public or will require provision of public services. These include maintenance and operation of water quality basins, street sweeping and maintenance, landscape, streetlights, traffic signals, and graffiti abatement. The City has established a citywide maintenance Community Facilities District (CFD 2015-2) that provide these services. Prior to Building Permit Issuance 201. Annexation to the Citywide Community Facilities District (CFD) 2015-2 - Prior to, or concurrent with the recordation of the final map, or issuance of a building permit whichever comes first, 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, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 202. 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 or issuance of a building permit whichever is applicable, 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 or building permit issuance. 203. 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 Page 53 of 62 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. 204. 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. WATER, SEWER, RECYCLED WATER Prior to Building Permit Issuance 205. #53-ECS-Water System Note. 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. 206. 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. 207. 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. WASTE MANAGEMENT General Conditions 208. 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). d. Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: Page 54 of 62 www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#ma ndatory 209. 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: 210. 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. 211. 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. 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. Page 55 of 62 Prior to Issuance of Certificate of Occupancy 212. 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. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 213. 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. Page 56 of 62 Section IV: Riverside County Fire Department Conditions of Approval Page 57 of 62 General Conditions 214. 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. 215. 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. 216. 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. 217. Hydrant/Spacing. Approved standard fire hydrants, (6"x4"x2½") shall be located at each street intersection and spaced not more than 500 feet apart in any direction. Fire flow shall be a minimum of 1,000 GPM. 218. Commercial Hydrant Spacing. Approved super fire hydrants, (6”x 4”x2½”) shall be located at each street not more than 500 feet apart in any direction, with no portion of any building more than 400 feet from a fire hydrant. 219. Gate Entrances. Gate entrances shall be at least two feet wider than the width of the traffic lanes) serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38 feet turning radius shall be used. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30' pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Prior to Issuance of Building Permit 220. Tract Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface and all access primary and/or secondary. Approved water plans must be on the job site. Page 58 of 62 221. Bonded to Record Early. If request is made in writing, the Fire Department will review provided an approval is received from the public water agency having jurisdiction that the amounts are appropriate for the installation of the water system. 222. 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 13- D, 2016 Edition. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. Prior to Final Inspection 223. 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. Page 59 of 62 Section V: Riverside County Environmental Health Conditions of Approval Page 60 of 62 General Conditions 224. 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. 225. Retention Basins. Any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisance. 226. Environmental Cleanup Program (ECP). Based on the information provided in the “Phase I Environmental Site Assessment” prepared Hillmann Consulting dated May 16, 2014 and a site visit conducted by the Environmental Cleanup Program (RCDEH-ECP) staff and with the provision that the information was accurate and representative of the site conditions RCDEH-ECP concludes no further environmental assessment is required for this project. As with any real property, if previously unidentified contamination is discovered at the site, assessment, investigation, and/or cleanup may be required. 227. Industrial Hygiene. Based on the County of Riverside, Industrial Hygiene Program's review of the Noise Study titled “Del Oro (Holland Road Residential), Noise Impact Analysis, City of Menifee”, dated August 5, 2015, prepared by Urban Crossroad, TR2015-165 shall comply with recommendations set forth under the Industrial Hygiene's Program's response letter dated December 10, 2015 c/o Steve Uhlman. Note that Industrial Hygiene’s review recommended minimum 6-foot-high noise barriers for the first floor patios of multi-family residential building facing Holland Road in order to not require any further review. For further information, please contact Industrial Hygiene Program at (951)955- 8980. 228. Hazardous Materials Management Branch (HMMB). Any facility proposing the storage of hazardous materials (HazMat) greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances shall require a Business Emergency Plan (BEP) to be submitted to HMMB for review and acceptance. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 358-5055 to obtain information regarding any additional HazMat requirements Prior to Building Permit Issuance Conditions 229. District Environmental Services (DES). Prior to the Issuance of a Building Permit, the applicant shall be required to contact District Environmental Services to determine the appropriate pool facility plan check and/or permitting requirements. For further information, please call (951) 461-0284: County of Riverside, Department of Environmental Health District Environmental Services – Murrieta Office Page 61 of 62 38740 Sky Canyon Drive, Suite A Murrieta CA 92563 **Please note at this time that kitchens that serve the public have not been proposed or anticipated based on project descriptions. Please contact DES for additional details for any additional requirements for kitchens that will require permitting. Page 62 of 62 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)