PC17-327 EXHIBIT “1”
Conditions of Approval for
Tentative Tract Map No. 37067
Planning Application No. 2015-238
Development Area 1 – 151 Single Family
Residential Lots
Section I: Conditions applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Section III: Public Works and Engineering Conditions of
Approval
Section IV: Riverside County Fire Department
Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
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Section I:
Conditions Applicable to all
Departments
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General Conditions
1. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative Tract Map No. 37067 shall be
henceforth defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean
the Permittee of this project.
TENTATIVE MAP = Tentative Tract Map No. 37067 (Planning Case No. 2015-
238 – Development Area 1), dated May 22, 2017.
APPROVED EXHIBIT L = Conceptual Landscaping Plan (including walls,
fencing, entry signage, basins and open space lots) for Tentative Tract Map
No. 37067, dated May 22, 2017.
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
SPECIFIC PLAN: Adopted Town Center Specific Plan approved April 19,
2011 by Ordinance 11-189, subject to the Conditions of Approval set forth in
Ordinance No. 11-189.
DEVELOPMENT AGREEMENT: Development Agreement by and between
City of Menifee and Stark Menifee Land LLC Regarding the Town Center
Specific Plan Project dated June 13, 2011 (Recorded as Document No. 2011-
0272260) and as subsequently amended.
EIR: Environmental Impact Report No. 2010-152 (SCH 2009091022) certified
by City Council Resolution No. 11-195 on January 4, 2011.
MMRP: Mitigation Monitoring Program adopted by City Council Resolution
No. 11-195 on January 4, 2011.
2. Project Description. Tentative Tract Map No. 37067 is hereby approved for
the subdivision of 26.3 gross acres into 151 residential lots with a minimum lot
size of 4,000 sq. ft., thirteen (13) lots for streets (Lots A-M), two (2) lots for
water quality treatment (Lots N and O) and eight (8) lots for landscaping/open
space Lots P-W).
Open Space Lot N and O (Basins with passive recreation areas) will contain
public art, benches and shade structures as shown on the conceptual
landscaping and irrigation plan.
Open Space Lots P-U contain a combination of expanded parkways and entry
monument signs.
Open Space Lot V is located on the northern property line and consists of a 10
foot landscape buffer to provide landscaping/tree screening to the future
commercial site to the north.
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Open Space Lot W is located on the western boundary of the site adjacent to
the existing residential. The purpose of the lot is to provide a separation
between the project site perimeter wall and existing slopes, drainage
easements and fencing to the west of the site. The lot will be maintained by
the HOA; however, the treatment of the lot (landscaping, hydroseed,
hardscape) will be determined during final engineering. A gate will be provided
on either end of the lot to discourage access to the lot.
Pavers shall be provided at the project entries shown on the tentative map and
conceptual landscaping plan.
Entry monuments (for neighborhood identification) are proposed at the project’s
entrance on La Piedra Road and northern most entrance on Great Oak Road.
Neighborhood entry monuments are constructed with stone veneer pilasters
and base, with a white sack finish face, aluminum panel with laser cut letters
and aluminum caps on top of the pilaster and sign. A secondary entry sign (per
the Specific Plan requirements) and consistent with the sign constructed at La
Piedra and Town Center Drive, will be constructed on the corner of La Piedra
Road and Great Oaks Road.
Walls generally consist of a 6 foot tall community theme block wall with
pilasters (per the Specific Plan – white sack finish with red-brown cap) along
the north, south and east perimeter of the site, a 6’ slump wall with cap on the
east perimeter and on Lots 10-18 a 0’-6’ retaining wall will be constructed in
addition to the slump block wall, 6’ slump block wall return walls interior to the
tract and 5’6” vinyl fencing in side and rear yards and for gates.
The project site is located within the City of Menifee. The site is located north
of La Piedra Road, south of Newport Road and west of the Paloma Wash. The
project site APNs are 360-080-072, 070, 068, 090 and 086.
3. Indemnification. Applicant/developer shall indemnify, defend, and hold
harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors,
consultants, and agents from and against any and all claims, liabilities, losses,
fines, penalties, and expenses, including without limitation litigation expenses
and attorney’s fees, arising out of either the City’s approval of the Project or
actions related to the Property or the acts, omissions, or operations of the
applicant/developer and its directors, officers, members, partners, employees,
agents, contractors, and subcontractors of each person or entity comprising the
applicant/developer with respect to the ownership, planning, design,
construction, and maintenance of the Project and the Property for which the
Project is being approved. In addition to the above, within 15 days of this
approval, the developer/applicant shall enter into an indemnification agreement
with the City. The indemnification agreement shall be substantially the same
as the form agreement currently on file with the City.
4. Ninety (90) Days to Protest. The land divider has ninety (90) days from the
date of approval of these conditions to protest, in accordance with the
procedures set forth in Government Code Section 66020, the imposition of any
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and all fees, dedications, reservations and/or other exactions imposed on this
project as a result of the approval or conditional approval of this project.
5. Newly Incorporated City. The City of Menifee is a new City incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. In
the future the City of Menifee will identify and put in place various processing
fees to cover the reasonable cost of the services provided. The City also will
identify and fund mitigation measure under CEQA through development impact
fees. The developer understands and agrees to pay such fees.
Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services, and
development impact fees to mitigate the impact of the development proposed
on public improvements. To the extent that Menifee may develop future
financing districts to cover the costs of maintenance of improvements
constructed by development, Developer agrees to petition for formation of,
annexation to or inclusion in any such financing district and to pay the cost of
such formation, annexation or inclusion.
6. Mitigation Monitoring Plan. The developer shall comply with the mitigation
monitoring plan of the Town Center Specific Plan EIR.
7. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the City of Menifee City Council original approval date,
unless extended as provided by the Development Agreement, Ordinance No.
460 or Subdivision Map Act. Action on a Minor Change and/or Revised Map
request shall not extend the time limits of the originally approved TENTATIVE
MAP.
8. Development Agreement. This project is subject to the DEVELOPMENT
AGREEMENT, which applies to the entire Menifee Town Center Specific Plan.
The TENATIVE MAP shall comply with the requirements within the
DEVELOPMENT AGREEMENT. To the extent any of these conditions are in
conflict with the DEVELOPMENT AGREEMENT, the DEVELOPMENT
AGREEMENT shall supersede the Condition of Approval contained herein.
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Section II:
Community Development
Department
Conditions of Approval
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General Conditions
9. Map Act Compliance. This land division shall comply with the State of
California Subdivision Map Act and to all requirements of Ordinance No. 460,
Schedule A, unless modified by the conditions listed herein.
10. Offsite Signs Municipal Code Section 9.76.160. No offsite subdivision signs
advertising this land division/development are permitted, other than those
allowed under Municipal Code Section 9.76.160. Violation of this condition of
approval may result in no further permits of any type being issued for this
subdivision until the unpermitted signage is removed.
11. Design Guidelines. The land divider shall comply with the Design Standards
and Guidelines and of the Town Center Specific Plan.
12. Residential Development Standards. The development of the property shall
comply with the Development Standards of the Town Center Specific Plan.
13. Parking. Parking was required based on the following criteria from the Specific
Plan:
Land Use Parking
Standard
Parking
Required
Parking
Provided
Single Family
2 per unit
(enclosed or
covered)
151 x 2 = 302
302 spaces
located within
garages
Guest Parking –
Single Family
0.25 per unit
151 x 0.25 = 38
151 on street
(not including
driveways)
14. Recreation and Open Space Standards. Recreation and Open Space shall
be provided consistent with the APPROVED EXHIBITS and the Substantial
Conformance Memo dated, June 14, 2017.
15. Minor Plot Plans Required. For each of the below listed items, a minor plot
plan application shall be submitted and approved by the Community
Development Department pursuant to Section 18.30.a. (1) of County Ordinance
No. 348 (Plot Plans not subject to the California Environmental Quality Act)
along with the current fee.
1) Final Site Development Plan for each phase of development.
2) Model Home Complex Plan shall be filed and approved for each phase if
models change between phases. A final site of development plot plan
must be approved prior to approval, or concurrent with a Model Home
Complex Plan.
3) Landscaping Plan for typical front yard and open space/parks. These
three plans may be applied for separately for the whole tract or for
phases.
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4) Landscaping plans fully within the road right-of-way shall be submitted to
the Engineering Department only.
5) Each phase shall have a separate wall and fencing plan.
6) Entry monument plan.
NOTE: The requirements of the above plot plans may be accomplished as one,
or, any combination of multiple plot plans required by these conditions of
approval. However, each requirement shall be cleared individually with the
applicable plot plan condition of approval in the prior to Building Permit
issuance conditions.
16. 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.
17. Reclaimed Water. The permittee shall install purple pipes and connect to a
reclaimed water supply for landscape watering purposes when secondary or
reclaimed water is made available to the site as required by Eastern Municipal
Water District.
18. Ordinance Requirements. The development of the property shall be in
accordance with the mandatory requirements of all City of Menifee ordinances
including Ordinance Nos. 348 and 460 and State law and shall conform
substantially to the adopted Specific Plan as filed in the office of the City of
Menifee Community Development Department, unless otherwise amended.
FEES
19. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research
fee), or other such review fee as may be in effect at the time of submittal, as
required by Resolution No. 13-320 (Cost of Services Fee Study), or any
successor thereto. Each submittal shall be accompanied with a letter clearly
indicating which condition or conditions the submittal is intended to comply
with.
ARCHEOLOGY/PALEONTOLOGY
20. 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).
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Subsequently, the Native American Heritage Commission shall identify the
"most likely descendant." The most likely descendant shall then make
recommendations and engage in consultation concerning the treatment of the
remains as provided in Public Resources Code Section 5097.98. Human
remains from other ethnic/cultural groups with recognized historical
associations to the project area shall also be subject to consultation between
appropriate representatives from that group and the Property Owner.
21. 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.”
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22. Inadvertent Paleontological Find. Should fossil remains be encountered
during site development:
1) All site earthmoving shall be ceased in the area of where the fossil
remains are encountered. Earthmoving activities may be diverted to
other areas of the site.
2) The applicant shall retain a qualified paleontologist approved by the
County of Riverside.
3) The paleontologist shall determine the significance of the encountered
fossil remains.
4) Paleontological monitoring of earthmoving activities will continue
thereafter on an as-needed basis by the paleontologist during all
earthmoving activities that may expose sensitive strata. Earthmoving
activities in areas of the project area where previously undisturbed strata
will be buried but not otherwise disturbed will not be monitored. The
supervising paleontologist will have the authority to reduce monitoring
once he/she determines the probability of encountering any additional
fossils has dropped below an acceptable level.
5) If fossil remains are encountered by earthmoving activities when the
paleontologist is not onsite, these activities will be diverted around the
fossil site and the paleontologist called to the site immediately to recover
the remains.
6) Any recovered fossil remains will be prepared to the point of identification
and identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled
with museum* repository fossil specimen numbers and corresponding
fossil site numbers, as appropriate; places in specimen trays and, if
necessary, vials with completed specimen data cards) and catalogued, an
associated specimen data and corresponding geologic and geographic
site data will be archived (specimen and site numbers and corresponding
data entered into appropriate museum repository catalogs and
computerized data bases) at the museum repository by a laboratory
technician. The remains will then be accessioned into the museum*
repository fossil collection, where they will be permanently stored,
maintained, and, along with associated specimen and site data, made
available for future study by qualified scientific investigators.
*The City of Menifee must be consulted on the repository/museum to receive the
fossil material prior to being curated.
LANDSCAPING
23. Landscape Plans. All landscaping plans shall be prepared in accordance with
the City’s Water Efficient Landscape Ordinance and City of Menifee Municipal
Code Chapter 9.86 “Park Design, Landscaping and Tree Preservation”. Such
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plans shall be reviewed and approved by the Community Development
Department, and the appropriate maintenance authority.
24. Landscaping. All plant materials within landscaped common areas shall be
maintained in a viable growth condition throughout the life of this permit. To
ensure that this occurs, the Community Development Department shall require
inspections in accordance with the Community Development Department’s
landscaping installed and inspected conditions.
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. Front and Side Yard Landscaping Maintenance Responsibility. The
owners of each individual lot shall be responsible for maintaining all
landscaping between the curb of the street and the proposed sidewalk and side
yard landscaping between the curb of the street and proposed fencing, unless
the landscaping is included within a separate common lot maintained by an
HOA or other entity acceptable to the City of Menifee.
27. Landscape Maintenance. The land divider, or any successor-in-interest to the
land divider, shall be responsible for maintenance and upkeep of all
landscaped areas and irrigation systems within the land division until such time
as those operations are the responsibility of a property owner’s association, or
any other successor-in-interest.
Prior to Phasing
28. Preliminary Phase Grading. Prior to the approval of an application for a
division into units or phasing plan for the TENTATIVE MAP, a conceptual
grading plan covering the entire TENTATIVE MAP shall be submitted to the
City of Menifee Community Development Department for review and approval.
The preliminary grading plan shall comply with the following:
1) Techniques which will be used to prevent erosion and sedimentation
during and after grading process shall be depicted and documented.
2) Approximate time frames for grading and areas which may be graded
during the higher probability rain months of January through March shall
be identified.
3) Preliminary pad and roadway elevations shall be depicted.
4) Areas where temporary grading occurs on any phase other than the one
being graded for development at a particular time shall be identified.
The approved preliminary grading plan shall be provided to the Building and
Safety – Plan Check Division and shall be used as a guideline for subsequent
detailed grading plans for individual units or phases of the TENTATIVE MAP.
29. Lot Access/Unit Plans. Any division into units or phasing of the TENTATIVE
MAP shall provide for adequate vehicular access to all lots in each unit or
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phase, and shall substantially conform to the intent and purpose of the land
division approval. No approval for any number of units or phases is given by
this TENTATIVE MAP and its conditions of approval, except as provided by
Section 8.3 (Division into Units) of Ordinance No. 460.
Prior to Final Map
30. Final Map Required. After the approval of the TENTATIVE MAP and prior to
the expiration of said map, the land divider shall cause the real property
included within the TENTATIVE MAP, or any part thereof, to be surveyed and a
FINAL MAP thereof prepared in accordance with the current Engineering
Department - Survey Division requirements, the conditionally approved
TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460.
31. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land
surveyor or registered civil engineer.
32. Surveyor Checklist. The City Engineering Department - Survey Division shall
review any FINAL MAP and ensure compliance with the following:
A. All lots on the FINAL MAP shall be in substantial conformance with the
approved TENTATIVE MAP relative to size and configuration.
B. All lot sizes and dimensions on the FINAL MAP shall be in conformance with
the development standards of Town Center Specific Plan.
C. All lots on the FINAL MAP shall comply with the length to width ratios, as
established by Section 3.8.C. of Riverside County Ordinance No. 460.
D. All knuckle or cul-de-sac lots shall have a minimum of 35 feet of frontage
measured at the front lot line.
E. All existing and proposed easements shall be identified on the FINAL MAP.
33. ECS. The land divider shall prepare an Environmental Constraints Sheet
(ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which
shall be submitted as part of the plan check review of the FINAL MAP. A note
shall be placed on the FINAL MAP “Environmental Constraint Sheet affecting
this map is on file at the City of Menifee Public Works and Engineering
Department, in E.C.S Book ___, Page ___.
34. ECS Note on Dark Sky Lighting. The following Environmental Constraints
Note shall be placed on the ECS:
"This property is subject to lighting restrictions as required by Menifee
Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended
to reduce the effects of night lighting on the Mount Palomar Observatory.
All proposed outdoor lighting systems shall be in conformance with
Menifee Municipal Code Chapter 6.”
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35. ECS Note on MMRP. The following Environmental Constraints Note shall be
placed on the ECS
“This property is subject to the Mitigation Monitoring and Reporting Plan
adopted as part of the Town Center Specific Plan and Environmental
Impact Report on file with the Community Development Department.”
36. Maintenance Exhibit. Prior to map recordation, the developer shall prepare
an exhibit that shows all open space lots within the tract and the maintenance
entity for each lot. The exhibit shall be reviewed and approved by the
Community Development Department and Public Works and Engineering
Department.
37. Common Area Maintenance. Any common areas identified in the
TENTATIVE MAP shall be owned and maintained as follows:
a. A permanent master maintenance organization shall be established for
the tentative tract map area, to assume ownership and maintenance
responsibility for all common recreation, open space, circulation systems
and landscaped areas. The organization may be public (anticipated to
be CFD) or private (e.g., homeowners’ association). Merger with an
area-wide or regional organization shall satisfy this condition provided
that such organization is legally and financially capable of assuming the
responsibilities for ownership and maintenance. If the organization is a
private association, then neighborhood associations shall be established
for each residential development, where required, and such associations
may assume ownership and maintenance responsibility for
neighborhood common areas.
b. Unless otherwise provided for in these conditions of approval, common
open areas shall be conveyed to the maintenance organization as
implementing development is approved or any subdivision, as recorded.
c. The maintenance organization shall be established prior to or concurrent
with the recordation of the first land division.
38. Conditions, Covenants and Restrictions (Public Common Areas). If the
permanent master maintenance organization referenced in the condition
entitled "Common Area Maintenance" is a public organization, the applicant
shall convey to the public organization (anticipated to be CFD) fee simple title,
to all common open space areas, free and clear of all liens, taxes,
assessments, leases (recorded or unrecorded) and easement, except those
easements which in the sole discretion of the public organization are
acceptable. The common areas anticipated to be owned and maintained by a
public organization include, but are not limited to parks, paseos, and expanded
parkway landscaping.
As a condition precedent to the public organization accepting title to such
areas, the applicant shall submit the following documents to the City of Menifee
Community Development Department for review along with the current fee,
which shall be subject to the approval of that department and the City Attorney:
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1. A signed and notarized declaration of covenants, conditions and
restrictions; and,
2. A sample document, conveying title to the purchaser, of an individual lot
or unit which provides that the declaration of covenants, conditions and
restrictions is incorporated therein by reference; and,
3. A deposit equaling three (3) hours of the current hourly fee for Review of
Covenants, Conditions and Restrictions established pursuant to the City’s
fee schedule at the time the above referenced documents are submitted
to the Community Development Department for review by the City
Attorney.
The declaration of covenants, conditions and restrictions submitted for review
shall a) provide for a minimum term of sixty (60) years, b) provide for the
establishment of a property owners' association comprised of the owners of
each individual lot or unit as tenants in common, and c) contain the following
provisions verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the
following provisions shall apply:
The property owners' association established herein shall, if dormant, be
activated, by incorporation or otherwise, at the request of the City, and
the property owners' association shall unconditionally accept from the City
of Menifee, upon the City’s demand, title to all or any part of the 'common
area', more particularly described on Exhibit 'A' attached hereto. The
decision to require activation of the property owners' association and the
decision to require that the association unconditionally accept title to the
'common area' shall be at the sole discretion of the City
In the event that the 'common area', or any part thereof, is conveyed to
the property owners' association, the association, thereafter, shall own
such 'common area', shall manage and continuously maintain such
'common area', and shall not sell or transfer such 'common area' or any
part thereof, absent the prior written consent of the Community
Development Director of the City or the City's successor-in-interest. The
property owners' association shall have the right to assess the owners of
each individual lot or unit for the reasonable cost of maintaining such
'common area', and shall have the right to lien the property of any such
owner who defaults in the payment of a maintenance assessment. An
assessment lien, once created, shall be prior to all other liens recorded
subsequent to the notice of assessment or other document creating the
assessment lien.
This declaration shall not be terminated, 'substantially' amended, or
property de-annexed therefrom absent the prior written consent of the
Community Development Director of the City of Menifee or the City's
successor-in-interest. A proposed amendment shall be considered
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'substantial' if it affects the extent, usage or maintenance of the 'common
area' established pursuant to this Declaration.
In the event of any conflict between this Declaration and the Articles of
Incorporation, the Bylaws, or the property owners' association Rules and
Regulations, if any, this Declaration shall control."
Once approved by the City Attorney, the declaration of covenants,
conditions and restrictions shall be recorded by the Community
Development Department with one copy retained for the case file, and
one copy provided to the City Engineering Department - Survey Division.
39. Conditions, Covenants and Restrictions (Private Common Areas). The
common areas anticipated to be owned and maintained by a private
organization include, but are not limited to parks, expanded parkway
landscaping and slope areas. The land divider shall submit to the City Attorney
(via the Community Development Department) for review and approval the
following documents:
(a) A cover letter identifying the project for which approval is sought
referencing the Planning Division case number(s) and identifying one
individual to represent the land divider if there are any questions
concerning the review of the submitted documents;
(b) One copy and one original, wet signed, notarized and ready for
recordation declaration of covenants, conditions, and restrictions
(CC&Rs). Attached to these documents there shall be included a legal
description of the property included within the CC&Rs and a scaled map
or diagram of such boundaries, both signed and stamped by a California
registered civil engineer or licensed land surveyor.
(c) The declaration of CC&Rs submitted for review shall cover all map
phases, as follows:
(i) Provide for a minimum term of sixty (60) years;
(ii) Provide for the establishment of a property owner's association
comprised of the owners of each individual lot or unit; and
(iii) Provide for the ownership of the common area by either the
property owner's association or a permanent public master
maintenance organization.
(d) The declaration of CC&Rs shall contain the following provisions verbatim:
(i) ”Notwithstanding any provision in this Declaration to the contrary,
the following provisions shall apply:
- The property owners' association established herein shall
manage the 'common areas', more particularly described on
the subdivision map, attached hereto, and shall not sell or
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transfer the 'common areas' or any part thereof, absent the
prior written consent of the Community Development
Department of the City of Menifee.
- The property owners' association shall have the right to assess
the owners of each individual lot or unit for the reasonable cost
of managing such 'common area', and shall have the right to
lien the property of any such owner who defaults in the
payment of a management assessment. The property owners'
association established herein shall regulate individual private
lot development standards.
- The owners of each individual lot shall be responsible for
maintaining all landscaping between the curb of the street and
the proposed sidewalk and side yard landscaping between the
curb of the street and proposed fencing, unless the
landscaping is located within a separate common lot.
- An assessment lien, once created, shall be prior to all other
liens recorded subsequent to the notice of assessment or
other document creating the assessment lien.
- This Declaration shall not be terminated, 'substantially'
amended, or property de-annexed there from absent the prior
written consent of the Community Development Director of the
City of Menifee.”
(ii) A proposed amendment shall be considered 'substantial' if it
affects the extent, usage, or maintenance of the 'common area'
established pursuant to the Declaration.”
(iii) “In the event of any conflict between this Declaration and the
Articles of Incorporation, the Bylaws, or the property owners'
association Rules and Regulations, if any, this Declaration shall
control."
(iv) "The management and maintenance of the project site in
accordance with the Storm Water Pollution Prevention Plans
(SWPPPs), Monitoring Programs, and Post Construction
Management Plans to include the following best management
practices (BMPs) to reduce storm water pollution: Initial residents,
occupants, or tenants of this site shall receive educational
materials on good housekeeping practices which contribute to the
protection of storm water quality. These educational materials
shall be provided by the Riverside County Flood Control and
Water Conservation District and shall be distributed by the
properties owners' association. These materials shall address
good housekeeping practices associated with residential
developments, such as:
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- Where improper disposal of trash has occurred, the property
owners' association shall take corrective action within forty-
eight hours of discovery (BMP N5).
- The street(s) and parking lot(s), more particularly described on
the subdivision map, shall be swept by the property owners'
association at least once a year and shall be swept no later
than October 15th of each year (BMP N6).
(e) The CC&Rs shall include an exhibit(s) identifying the areas or
improvements that will be maintained by the HOA and the exhibit(s) shall
be consistent with Approved Exhibit L.
(f) The City shall be named as a third party beneficiary in the CC&Rs.
(g) Once approved, the copy and the original declaration of CC&Rs shall be
forwarded by the City Attorney and the Community Development
Department. The Community Development Department will retain the one
copy for the case file, and forward the wet signed and notarized original
declaration of covenants, conditions and restrictions to the City Engineer
for safe keeping until the final map is ready for recordation. The City
Engineer shall record the original declaration of CC&Rs in conjunction
with the recordation of the final map.
(h) A sample document conveying title to the purchaser of an individual lot or
unit which provides that the declaration of CC&Rs is incorporated therein
by reference; and
(i) A deposit equaling three hours of the current hourly fee for the review of
the CC&Rs established pursuant to the City’s fee schedule at the time the
above referenced documents are submitted to the City Attorney for review
and approval.
FEES
40. Fees. Prior to recordation, the Community Development Department shall
determine if the deposit based fees for the TENTATIVE MAP are in a negative
balance. If so, any unpaid fees shall be paid by the developer/owner and/or the
developer/owner's successor-in-interest.
Prior to Issuance of Grading Permits
41. Grading Plan Review. The Community Development Department shall review
the rough grading plans for consistency with the approved tentative map and
the conditions of approval for the tentative map.
The precise grading plan shall not be cleared by the Community Development
Department until the final site of development plan has been reviewed and
approved. The precise grading plan must be consistent with the approved final
site of development plan and any hardscaping plan that may be a component
of the final site of development plan or landscaping and irrigation plan.
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42. 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 and the
Environmental Impact Report 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.
43. Stephens’ Kangaroo Rat (SKR) Fees. Stephen’s Kangaroo Rat (SKR) Fee.
SKR Fees have been previously paid to the County of Riverside per receipt
number MT070588. No additional fees are required for this project.
44. Fees. Prior to issuance of grading permits, the Community Development
Department shall determine if the deposit based fees are in a negative balance.
If so, any outstanding fees shall be paid by the applicant/developer.
45. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management
District (SCAQMD) Rule 403. The permittee shall include in construction
contracts the control measures required under Rule 403 at the time of
development, including the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius)
must be swept (preferably with water weepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a ten (10) percent
surface soil moisture content throughout all earth moving activities. All
unpaved demolition and construction areas shall be wetted at least twice
daily during excavation and construction, and temporary dust covers shall be
used to reduce dust emissions and meet SCAQMD District Rule 403.
Wetting could reduce fugitive dust by as much as fifty percent (50%).
b. Water active grading/excavation sites and unpaved surfaces at least three
(3) times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two (2) hours of active operations;
d. Site access points must be swept/washed within thirty (30) minutes of
visible dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
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i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed twenty-five (25) mph;
l. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed fifteen (15) miles per hour over a thirty (30) minute period or more, so
as to prevent excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to fifteen (15) miles per
hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
r. All materials transported off-site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction
site that identifies the permitted construction hours and provides a telephone
number to call and receive information about the construction project or to
report complaints regarding excessive fugitive dust generation. Any
reasonable complaints shall be rectified within twenty-four (24) hours of their
receipt.
46. Construction Noise. The project developer shall implement noise mitigation
measures during grading.
a. During all Project site excavation and grading, all construction
equipment, fixed or mobile, shall be equipped with properly operating
and maintained mufflers, consistent with the manufactures’ standards.
b. All stationary construction equipment shall be placed so that noise is
directed away from the nearest sensitive receptor.
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c. During construction, equipment staging areas shall be located in areas
that will create the greatest distance between construction-related noise
sources and noise sensitive receptors.
d. Haul truck deliveries shall be limited to the hours of 7:00 am and 7:00
pm, unless otherwise restricted by City staff.
47. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and
Objective 7 of the Species Account for the Burrowing Owl included in the
Western Riverside County Multiple Species Habitat Conservation Plan, 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 31) 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 construction and/or disturbance of the site is suspended for a period of days
(30) days or more, a new survey shall be required.
48. Nesting Bird Survey. To avoid impacting nesting birds, one of the following
must be implemented:
Conduct grading activities from September 1st through January 31st, when birds
are not likely to be nesting on the site; OR
Conduct pre-construction surveys for nesting birds if construction is to take
place during the nesting season (February 1 through August 31). A qualified
wildlife biologist shall conduct a pre-construction nest survey no more than 14
days prior to initiation of grading to provide confirmation of the presence or
absence of active nests on or immediately adjacent to the project site. If active
nests are encountered, species-specific measures shall be prepared by a
qualified biologist and implemented to prevent abandonment of the active nest.
At a minimum, grading in the vicinity of the nest shall be deferred until the
young birds have fledged. A minimum exclusion buffer of 100 feet shall be
maintained during construction, depending on the species and location. The
perimeter of the nest-setback zone shall be fenced or adequately demarcated
with staked flagging at 20-foot intervals, and construction personnel and
activities restricted from the area. A survey report by the qualified biologist
verifying that (1) no active nests are present, or (2) that the young have
fledged, shall be submitted to the City prior to initiation of grading in the nest-
setback zone. The qualified biologist shall serve as a construction monitor
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during those periods when construction activities occur near active nest areas
to ensure that no inadvertent impacts on these nests occur. A report of the
findings prepared by a qualified biologist shall be submitted to the City prior to
ground disturbance and/or issuance of a grading permit.
ARCHEOLOGY
49. 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 which are below the depths of the previous mass
grading in an effort to identify any unknown archaeological resources.
The Project Archaeologist and the representative(s) from the Native American
Tribe (s) shall be included in the pre-grade meetings to provide
cultural/historical sensitivity training including the establishment of set
guidelines for ground disturbance in sensitive areas with the grading
contractors. The Project Archaeologist and the Tribal representative(s) shall
manage and oversee monitoring for all initial ground disturbing activities and
excavation of each portion of the project site including clearing, grubbing, tree
removals, mass or rough grading, trenching, stockpiling of materials, rock
crushing, structure demolition and etc. The Project Archaeologist and the Tribal
representative(s), shall have the authority to temporarily divert, redirect or halt
the ground disturbance activities to allow identification, evaluation, and
potential recovery of cultural resources in coordination with any required
special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract
to the Community Development Department to ensure compliance with this
condition of approval. Upon verification, the Community Development
Department shall clear this condition.
Any newly discovered cultural resources shall be subject to an evaluation, in
consultation with the Native American Tribe(s) and which will require the
development of a treatment plan and monitoring agreement for the newly
discovered resources.
50. 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.
51. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required
on-site during all ground-disturbing activities which are below the depths of the
previous mass grading. 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.
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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.
52. Native American Monitoring (Soboba). Tribal monitor(s) shall be required
on-site during all ground-disturbing activities which are below the depths of the
previous mass grading. The land divider/permit holder shall retain a qualified
tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of
a grading permit, the developer shall submit a copy of a signed contract
between the above-mentioned Tribe and the land divider/permit holder for the
monitoring of the project to the Community Development Department and to
the Engineering Department. The Native American Monitor(s) shall have the
authority to temporarily divert, redirect or halt the ground-disturbance activities
to allow recovery of cultural resources, in coordination with the Project
Archaeologist.
The Developer shall relinquish ownership of all cultural resources, including all
archaeological artifacts that are of Native American origin, found in the project
area for proper treatment and disposition to a curational facility that meets or
exceeds Federal Curation Standards outlined in 36 CFR 79. The
Applicant/Permittee shall be responsible for all curation costs.
53. 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).
Prior to Issuance of Building Permit
54. 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 and
Environmental Impact Report 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.
55. 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 review the
building plans to determine that the building plans are in substantial
conformance to the Final Site of Development Plan, which must be submitted,
reviewed and approved prior to the approval of the building plans and prior to
issuance of any building permits (See conditions below).
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Building and Safety will require the following items for the building plan
submittal:
1. Plans shall be designed to the provisions of the 2016 (or current) 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.
56. Exterior Noise Mitigation. The construction of a six-foot-high noise barrier
shall be required for lots 1 to 10 adjacent to La Piedra 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:
Masonry block (consistent with APPROVED EXHIBIT L)
Earth berm
Any combination of these materials
57. Interior Noise Mitigation. Structures shall include the following architectural
noise reducing features:
Windows:
a) All lots require standard windows and sliding glass doors, which are well
fitted, have well weather-striped assemblies and a minimum STC rating of
27 and a means of mechanical ventilation (e.g. air conditioning).
It is recommended that upgraded second floor windows with a minimum
STC rating of 30 be provided for lots adjacent to La Piedra Road and the
park site.
Doors:
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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.
Walls: At any penetrations of exterior walls by pipes, ducts, or conduits, the
space between the wall and penetrating object shall be caulked or filled with
mortar to form and airtight seal.
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 Code.
58. Final Noise Study. A final noise study shall be prepared prior to obtaining
building permits for this project. This report would finalize the mitigation
measures described herein using the precise grading plans and actual building
design specifications, and may include additional mitigation, if necessary, to
meet the 45 dBA CNEL interior noise standard. The final noise study shall be
submitted to the Community Development Department for review and approval,
along with applicable review fees, and is required prior to building plan
approval and prior to issuance of a building permit.
59. Roof Mounted Equipment. Roof-mounted mechanical equipment shall not be
permitted within the subdivision, however, solar equipment or any other
energy-saving devices shall be permitted with Community Development
Department approval.
60. Utilities Underground. All utility extensions within a lot shall be placed
underground.
61. Building Separation. Building separation between all buildings shall not be
less than ten (10) feet. Additional encroachments are only allowed as permitted
by the Specific Plan and/or County Ordinance No. 348.
62. Parking. Parking spaces are required in accordance with the Specific Plan. All
parking areas and driveways shall be surfaced to current standards as
approved by the City of Menifee Engineering Department.
63. Lighting. The building plans and/or final landscaping and irrigation plans shall
show the location and types of light fixtures that will be within the project site
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and on the buildings. Lighting fixtures shall be decorative and consistent with
the Specific Plan requirements and design guidelines for lighting. Shoe-box-
type lighting will not be allowed. The types of lighting fixtures used shall be
subject to Community Development Department approval. Architecturally
appropriate themed lighting fixtures shall be located along the interior streets,
Open Space Lots N and O, and other focal points on the project site and shall
be subject to Community Development Department review and approval.
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.
64. Screening of Accessory Structures. Screening of mechanical equipment
within trellised enclosures or 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.
65. HVAC. Per the Specific Plan EIR, the developer shall utilize HVAC units with
the lowest sound power level shall be selected.
MINOR PLANS REQUIRED
66. Final Site of Development Plan. A plot plan application shall be submitted to
the Community Development Department pursuant to Section 18.30.a.(1) of
Ordinance No. 348 (Plot Plans not subject to the California Environmental
Quality Act), along with the current fee.
Subdivision development shall conform to the approved tract map and shall
conform to the Specific Plan Design Guidelines.
The plot plan shall be approved by the Community Development Director prior
to approval of the building plans and prior to issuance of Building Permits for
lots included within that plot plan.
The plot plan shall contain the following elements:
1) A final site plan (40' scale precise grading plan) showing all lots, building
footprints, setbacks, mechanical equipment (and methods for screening)
and model assignments on individual lots.
2) Each model floor plan and elevations (all sides).
3) Three (3) sets of photographic or color laser prints (8" x 10") of the
sample board and colored elevations shall be submitted for permanent
filing and agency distribution after the Community Development
Department has reviewed and approved the sample board and colored
elevations in accordance with the approved Design Manual and other
applicable standards. All writing must be legible. Three (3) matrix sheets
showing structure colors and texture schemes shall be submitted.
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4) The number of floor plans for each area shall be in accordance with the
Specific Plan Design Guidelines. For development projects that are to be
constructed in phases, a phasing plan shall be submitted to assure that
the requirements for the number of floor plans is being met.
5) The colors and materials on adjacent residential structures should be
varied to establish a separate identity for the dwellings. A variety of colors
and textures of building materials is encouraged, while maintaining overall
design continuity in the neighborhood. Color sample boards shall be
submitted as a part of the application and review process.
6) All new residences with garages shall be provided with roll-up (i.e. on
tracks) garage doors (either sectional wood or steel). At least twenty-five
percent (25%) of the garage doors in any project should have windows.
7) Pavers shall be shown at all entrances into the tract and shown on the
precise grading plans for the project.
NOTE: The requirements of this plot plan may be incorporated with any minor
plot plan required by this subdivision's conditions of approval. However, this
FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared
individually.
67. Public Art. Public Art shall be provided within the basins/passive parks as
noted on Exhibit L. Plans for the art to be provided shall be submitted to the
Community Development Department for review and approval. Said plan,
either a separate minor plot plan, or included in the final landscaping and
irrigation plans, shall be submitted to the Department in the form of 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), along with the current fee. The plans shall be approved prior to issuance
of a building permit.
68. 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),
along with the current fee. The plan shall be in compliance with the Specific
Plan, City Requirements, Menifee Municipal Code Chapter 15.04 and Chapter
9.86, Ordinance 348 Section 18.12, Sections 19.300 through 19.304., and the
TENTATIVE MAP conditions of approval.
The plan shall address all areas and conditions of the tract requiring
landscaping and irrigation to be installed including, but not limited to, (slope
planting, common area and/or park landscaping within Open Space Lots and
individual front yard landscaping). Emphasis shall be placed on using plant
species that are drought tolerant and low water using.
The plans shall provide for the following:
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1) Permanent automatic irrigation systems shall be installed on all
landscaped areas requiring irrigation. Low water use systems are
encouraged.
2) All utility service areas and enclosures shall be screened from view with
landscaping and decorative barriers or baffle treatments, as approved by
the Community Development Department. Utilities shall be placed
underground.
3) Any required landscape screening shall be designed to be opaque up to a
minimum height of six (6) feet at maturity.
4) Parkways and landscaped building setbacks shall be landscaped to
provide visual screening or a transition into the primary use area of the
site. Landscape elements shall include earth berming, ground cover,
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 provided for active uses.
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.
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12) The following project specific items must be addressed and are not
currently provided/adequately addressed on the Conceptual Landscaping
Plan (Approved Exhibit L):
i. Two (2) trees minimum are required within each residential lot per
the Specific Plan.
Note on Conceptual Plans
The conceptual landscaping plans show general locations for shrubs,
groundcover and trees, but does not specify the size and each specific type of
plant for all locations. Therefore, the Planning Division may require the
addition of plants, change the space of plants, change the type of plants, or
change the size of plants on the working drawing.
The landscaping and irrigation plans for open space lots shall be consistent
with Approved Exhibit L.
NOTES: The Landscape plot plan may include the requirements of any other
minor plot plan required by the subdivision conditions of approval. However,
minor plot plan conditions of approval shall be cleared individually.
Landscaping plans for areas that are totally within the road right-of-way shall be
submitted to the Engineering and Public Works Department ONLY.
Landscaping plans for areas proposed to be maintained by the City Community
Facilities District shall be submitted to the Engineering and Public Works
Department.
69. Entry Monument Plans. The land divider/permit holder shall file five (5) 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 the Specific
Plan and the TENTATIVE MAP conditions of approval.
The plot plan shall contain the following elements:
1) A color rendering of a frontal view of all/the entry monument(s) with
landscaping.
2) The entry monuments shall be in substantial conformance to Approved
Exhibit L and the Map.
3) The plan shall include dimensions of the sign and lettering, call outs of
materials and plotting of the sign, including setbacks.
4) Per the Specific Plan, there is a minimum clear view of 25 feet from the
corner of the street to the sign face and a minimum setback of four (4)
feet to right-of-way or sidewalks.
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,
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this ENTRY MONUMENT condition of approval shall be cleared individually.
The monument plan shall be approved prior to issuance of Building Permits.
If monuments do not accommodate design requirements of the SPECIFIC
PLAN or meet line of sight requirements, Lot Line Adjustment or a Minor
Change to the TENTATIVE MAP may be necessary.
70. Model Home Complex. A plot plan application shall be submitted to the
Community Development Department pursuant to Section 18.30.a.(1) of
Ordinance No. 348 (Plot Plans not subject to the California Environmental
Quality Act), along with the current fee.
The Model Home Complex plot plan shall contain the following elements:
1) An engineer's scaled plan showing the model home lots, lot numbers,
tract number, and north arrow.
2) Show front, side and rear yard setbacks.
3) Provide two dimensioned off street parking spaces per model and one
parking space for office use. The plan must have one accessible parking
space.
4) Show detailed fencing plan including height and location.
5) Show typical model tour sign locations and elevation.
6) Three (3) sets of photographic or color laser prints (8" X 10") of the
sample board and colored elevations shall be submitted for permanent
filing and agency distribution after the Community Development
Department has reviewed and approved the sample board and colored
elevations in accordance with the approved Design Manual and other
applicable standards. All writing must be legible. Three (3) matrix sheets
showing structure colors and texture schemes shall be submitted.
7) Provide a Model Home Complex landscape and irrigation plan.
NOTES: The Model Home Complex plot plan shall not be approved without
Final Site Development Plan approval, or concurrent approval of both. See the
Community Development Department Model Home Complex application for
detailed requirements.
The requirements of this plot plan may be incorporated with any minor plot plan
required by the subdivision's conditions of approval. However, this MODEL
HOME COMPLEX condition of approval shall be cleared individually.
The applicant will be required to enter into a model home complex agreement
with the City of Menifee. The agreement stipulates terms for removal of the
complex.
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The model home complex plan shall be approved prior to issuance of a
Building Permit.
71. Wall and Fence Plan. The land divider/permit holder shall file three (3) sets of
a Wall/Fencing Plan to the Community Development Department for review
and approval. Said plan shall be submitted to the Department in the form of a
plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot
Plans not subject to the California Environmental Quality Act), along with the
current fee. The plan shall be in compliance with the Specific Plan Guidelines,
Approved Exhibit L, and the TENTATIVE MAP conditions of approval.
a. The plan shall show all project fencing including, but not limited to,
perimeter fencing, side and rear yard fencing, and open space or park
fencing. A typical frontal view of all fences shall be shown on the fencing
plan.
b. All utility service areas and enclosures shall be screened from view with
landscaping or decorative barriers or baffle treatments, as approved by
the Community Development Department.
c. Front yard return walls shall be constructed of masonry slump stone or
material of similar appearance, maintenance, and structural durability and
shall be a minimum of five feet in height.
d. Side yard gates are required on one side of the home and shall be
constructed of vinyl, wrought iron, or tubular steel fence. Chain-link
fencing is not permitted. All construction must be of good quality and
sufficient durability with an approved stain and/or sealant to minimize
water staining.
e. The plan shall show the location of all retaining walls. Retaining walls
shall be constructed with decorative (e.g., split-faced) block (were
exposed/one-sided) and a masonry caps.
f. Wall construction and heights shall conform to applicable noise mitigation:
i. The construction of a six-foot-high noise barrier for single family
residential Lots 1 through 10 adjacent to La Piedra Road is
required.
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 WALL/FENCING PLAN condition of approval shall be cleared individually.
LANDSCAPING
72. Front Yard Landscaping. All front yards shall be provided with landscaping
and automatic irrigation. Landscaping and Irrigation shall comply with the
Specific Plan, Menifee Municipal Code Chapter 15.04 and Chapter 9.86, and
the Riverside County Guide to California Friendly Landscaping (as adopted and
any amendments thereto) provided that said ordinance has been amended to
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address residential tracts. The front yard landscaping must be installed prior to
final occupancy release.
73. 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).
74. Performance Securities. Performance securities, in amounts to be
determined by the Community Development Director to guarantee the
installation of plantings, irrigation system, walls and/or fences, in accordance
with the approved plan, shall be filed with the Community Development
Department. Securities may require review by the City Attorney and other staff.
Permit holder is encouraged to allow adequate time to ensure that securities
are in place. The performance security may be released one year after
structural final, inspection report, and the Six Month and One-Year Post
Establishment report confirms that the planting and irrigation components have
been adequately installed and maintained. A cash security shall be required
when the estimated cost is $2,500.00 or less. Security deposits are only
required for common area landscaped areas.
75. Landscape Inspection Deposit. Prior to issuance of Building Permits, the
permit holder shall open a Landscape Deposit Based Fee case and deposit the
prevailing deposit amount to cover the pre-installation inspections, installation
inspections, Six Month Post Establishment and One Year Post Establishment
Landscape Inspections. The amount of hours for the Inspections will be
determined by the Community Development Department's Landscape
personnel prior to approval of the requisite Minor Plot Plan for Planting and
Irrigation.
FEES
76. 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.
77. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
78. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
79. Quimby Fees. Upon improvement and dedication of the Central Park located
within the Specific Plan, no Quimby fees will be due by the developer of this
project. If the Central Park has not been improved and constructed prior to the
issuance of a building permit for this development, the Development
Agreement should be referenced for the determination of Quimby fees due.
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Prior to Final Inspection
80. 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 and
Environmental Impact Report 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.
81. Anti-Graffiti Coating. An anti-graffiti coating shall be provided on all block
walls, and written verification from the developer shall be provided to the
Community Development Department.
82. Fencing and Wall Compliance. Fencing shall be provided throughout the
subdivision in accordance with the approved r final site development plans
and/or walls and fencing plan.
83. Entry Monuments. Prior to the first occupancy within the tract, entry
monuments shall be installed in accordance with the approved entry monument
plans.
84. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations approved as part of the final site of
development plan.
85. Roll Up Garage Doors. All residences shall have automatic roll-up garage
doors.
86. Concrete Driveways. The land divider/permit holder shall cause all driveways
to be constructed of cement concrete.
87. Final Planning Inspection. The permittee shall obtain final occupancy sign-off
from the Planning Division for each Building Permit issued by scheduling a final
Planning inspection prior to the final sign-off from the Building Department.
Planning staff shall verify that all pertinent conditions of approval have been
met, including compliance with the approved elevations, hardscaping, site plan,
ground mounted equipment screening, transformer locations, parking, walls
and fencing and landscaping.
88. Central Park Site/Quimby Fees. Per the Development Agreement for the
Specific Plan, which applies to subsequent developments, the Central Park
shall satisfy the Public Park Obligation for this development. However, the
central park shall be improved and dedicated to the City prior to the first
certificate of occupancy within this tract (per section 3.21.1 (a) of the
Development Agreement). If the central park is not improved or dedicated to
the City prior to the first occupancy within this tract, the Development
Agreement should be referenced to determine the Quimby fees due.
LANDSCAPING
89. Soil Management Plan
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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?”
90. Landscape/Irrigation Install Inspection
The permittee landscape architect responsible for preparing the Landscaping
and Irrigation Plans shall arrange for a Pre-Landscape installation inspection
and a Landscape Completion Installation Inspection with the Community
Development Department. The pre-landscape inspection shall be arranged at
least fifteen (15) working days prior to installation of landscaping. The
landscape completion inspection shall be arranged at least fifteen (15) working
days prior to final inspection of the structure or issuance of occupancy permit,
whichever occurs first. Six Month and One Year Post-Establishment Inspection
will also be required. The Community Development Department will require a
deposit in order to conduct the landscape inspections.
91. Landscape Installation. All required landscape planting and irrigation, shall
have been installed in accordance with approved Landscaping, Irrigation, and
Shading Plans, Menifee Municipal Code Chapter 15.04 and 9.86 (as adopted
and any amendments thereto), Eastern Municipal Water District requirements
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.
92. 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
93. DIF Fees. Prior to the issuance of either a certificate of occupancy or prior to
Building Permit final inspection, the applicant shall comply with the provisions
of Ordinance No. 659, which requires the payment of the appropriate fee set
forth in the Ordinance. Ordinance No. 659 has been established to set forth
policies, regulations and fees related to the funding and construction of facilities
necessary to address the direct and cumulative environmental effects
generated by new development projects described and defined in this
Ordinance, and it establishes the authorized uses of the fees collected.
The fee shall be paid for each residential unit to be constructed within this land
division. In the event Ordinance No. 659 is rescinded, this condition will no
longer be applicable. However, should Riverside County Ordinance No. 659 be
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rescinded and superseded by a subsequent mitigation fee ordinance, payment
of the appropriate fee set forth in that ordinance shall be required.
94. MSHCP Fees. Prior to the issuance of either a certificate of occupancy or prior
to Building Permit final inspection, the applicant shall comply with the
provisions of Ordinance No. 810, which requires payment of the appropriate
fee set forth in the Ordinance. Ordinance No. 810 has been established to set
forth policies, regulations and fees related to the funding and acquisition of
open space and habitat necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance.
The fee shall be paid for each residential unit to be constructed within this land
division.
In the event Ordinance No. 810 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 810 be rescinded and superseded
by a subsequent mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
95. 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
96. Open Space Lots P thru U. Landscaping, hardscape, irrigation, and all other
amenities identified on the final landscaping and irrigation plan within Lots P-U
shall be installed, inspections completed and passed, and performance
securities posted prior to issuance of final occupancy for any building permit
within the tentative tract map.
97. Open Space Lot N. Landscaping, hardscape, irrigation, shade structures,
public art, and all other amenities identified on the final landscaping and
irrigation plan and/or public art plan within Lot N shall be installed, inspections
completed and passed, performance securities posted and the lot open to the
public prior to issuance of any final occupancy for Lots 29-62 and 121-151
within the tract map. Lot N contains a linear basin for water quality treatment
which may require earlier installation as determined by the Engineering and
Public Works Department.
98. Open Space Lot O. Landscaping, hardscape, irrigation, shade structures,
public art, and all other amenities identified on the final landscaping and
irrigation plan and/or public art plan within Lot O shall be installed, inspections
completed and passed, performance securities posted and the lot open to the
public prior to issuance of any final occupancy for Llots 63-120 and 1-28 within
the tract map. Lot O contains a linear basin for water quality treatment which
may require earlier installation as determined by the Engineering and Public
Works Department.
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99. Open Space Lot V. Landscaping and irrigation identified on the final
landscaping and irrigation plan within Lot V shall be installed, inspections
completed and passed, and performance securities posted prior to issuance of
any building permit for lots 43-53.
100. Open Space Lot W. Treatment (landscaping, irrigation, or hardscape)
identified on the final landscaping and irrigation plan and/or precise grading
plan for Lot W shall be installed, inspections completed and passed, and
performance securities posted prior to issuance of any building permit for Lots
10-18, Lots 21-27, and Lots 30-43.
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Section III:
Public Works/Engineering
Conditions of Approval
TM 2015-238 TR37067
DA-1
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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,
specifications and ordinances. Should a conflict arise between City of Menifee standards
and design criteria, and any other standards and design criteria, those of the City of
Menifee shall prevail.
GENERAL CONDITIONS:
1. Subdivision Map Act. The project shall comply with the State of California
Subdivision Map Act.
2. Project Phasing. Tentative Tract Map Application TM2015-238, TM37067, is a
proposed subdivision of over 28 acres of land into 151 residential lots, located
north of La Piedra Road and west of Town Center Drive in the Planning Area 4
(PA 4) of the Town Center Specific Plan. The development is identified as
Development Area 1 (DA 1) in the proposed subdivision map. The project will
develop Parcels 4, 5, 6, 7, & 8 of the underlying Town Center Parcel Map 36299-
1 recorded on April 28, 2015. Parcel Map 36299-1 was originally intended to be
developed in seven phases with Parcels 4-8 being part of the last phase (Phase
7) of the seven phases. The outstanding Conditions of Approval applicable to
Phase 7 of the underlying PM36299-1 still apply to this TTM37067.
3. Ordinance 460/461 and City Street Standards. With respect to the conditions
for this TTM37067, the developer/property owner shall provide all street
improvements, street improvement plans and/or road dedications set forth herein
in accordance with Ordinances 460/461 and City of Menifee Street Improvement
Standards. It is understood that the exhibit correctly shows acceptable centerline
elevations, all existing easements, traveled ways, and drainage courses with
appropriate Q's. All questions regarding the true meaning of the conditions shall
be referred to the City Engineer.
4. ADA Compliance. ADA path of travel shall be designed at the most convenient
accesses and the shortest distance to the buildings in accordance with ADA
design standards and to the satisfaction of the City Engineer and the City
Building Official.
5. Existing and Proposed Easements. The submitted tentative tract map shall
correctly show all existing and proposed easements, traveled ways, and drainage
courses with appropriate Qs. Any omission or misrepresentation of these
documents may require said tentative tract map to be resubmitted for further
consideration. All proposed new easements, vacations or quitclaims of
easements may be recorded per separate instruments prior to final map
recordation. Prior to recordation, all easement, vacation or quitclaim documents
shall be reviewed and approved by the PW Engineering Department. Prior to
final map recordation, title reports not older than 90 days shall be submitted to
the PW Engineering Department.
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6. Plan Submittals. The applicant shall complete plan review submittal forms, and
the required number of copies of improvement plans, grading plans and any
other necessary documentation along with supporting hydrologic and hydraulic
calculations shall be submitted to the City Engineering Department for review.
The plans shall be approved by the City prior to issuance of grading or
construction permits. All submittals shall be date stamped by the engineer and
include appropriate plan check deposits or fees. A CD of all items shall be
submitted with each plan check. A scanned image of the final approved
improvement plans shall be provided to the City. ACAD files 2010 or later are
required for all final maps upon approval.
7. 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.
8. Encroachment Permits. All work to be performed in City, State, or local agency
right-of-way shall obtain required encroachment permits and clearances prior to
commencement of work.
9. Off Site Access Roads. Developer shall provide off-site access roads to City
maintained roads as approved by the City Engineer.
10. Secondary Access Roads Minimum Improvements and R/W
Any secondary access road allowed per these conditions of approval shall be
constructed per current City Standards with two 16’ travel lanes striped over 32’
of asphalt pavement and 8’ graded shoulder on each side of the pavement or as
determined by the PW Director. A minimum 60’ right of way shall be dedicated
for the use of public streets and utility purposes per separate instrument until the
final road dedication. Additional drainage improvements adjacent to shoulders
may be required to address applicable Water Quality requirements for secondary
road improvements. Appropriate maintenance mechanism shall be provided for
secondary access roads and associated BMPs.
11. Storm Water Quality. The underlying Parcel Map 36299 addressed the water
quality for the backbone street improvements only. A Final WQMP for the
backbone street improvements has been approved for PM36299. A SWPPP has
also been prepared for the development of the backbone streets and the mass
grading of the entire PM36299. The development of TTM37067 shall incorporate
water quality features that will coordinate and not interfere with the successful
implementation of the WQMP and the SWPPP for the underlying PM36299.
12. Water Quality Management Plan (WQMP). In compliance with the Santa Ana
River (SAR) Regional Water Quality Control Board (SWRCB) Order No. R8-
2010-0033 (SAR Permit), projects within the western region of Riverside County
submitted for discretionary approval will be required to comply with the
requirements of the SAR Permit on the implementation of Water Quality
Management Plan for Urban Runoff. The Final WQMP developed for this project
shall conform to the latest requirements set forth by the SAR Permit and
subsequent revision adopted by the Board prior to construction of all proposed
water quality facilities for this project. The WQMP addresses post-development
water quality impacts from new development and redevelopment projects. This
project meets the requirement for a submittal of a WQMP per the SAR Permit.
13. Dry Utility Installations. Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance
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with City Ordinances, or as approved by the Public Works Director/City Engineer.
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.
14. As-Built Plans. Prior to issuance of certificate of occupancy, the
developer/property owner shall cause the civil engineer of record to submit as-
built plans for completed improvements in a format and manner approved by the
Public Works Director/City Engineer. A copy of the final drawings in Auto CAD
2010 format and scanned image of all final as-built plans in pdf format shall be
submitted to the PW Department. If the required files are not provided, the
developer/property owner shall pay a scanning fee to cover the cost of scanning
the as-built plans. The timing for submittal of the as-built plans may be changed
only when determined appropriate by the Public Works Director/City Engineer.
15. Construction Times of Operation. The developer/property owner shall monitor,
supervise, and control all construction and construction related activities to
prevent them from causing a public nuisance including, but not limited to, strict
adherence to the following:
(a) Any construction within the City limits located 1/4 of a mile from an
occupied residence shall be limited to the hours of 6:30 a.m. to 7:00 p.m.,
Monday through Friday, except on nationally recognized holidays in
accordance with Municipal Code Section 8.01.020. Construction activities
on Saturday and Sunday or nationally recognized holidays are not
permitted unless prior approval is obtained from the City Building Official
or City Engineer. Night work is not permitted unless prior approval is
obtained for 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 Section prior to start of any construction activities for this site.
16. Bond Agreements and Improvement Security. The developer/property owner
shall post bonds or 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, onsite/offsite street improvements, street lights,
traffic signals, signing and striping, water quality BMPs, and storm drainage
facilities.
17. Backbone Infrastructure Bonding. Each Phase identified in the underlying
Tentative Parcel Map No. 36299 (Planning Application 2010-108) shall “stand
alone”. To prevent overlapping and multiple bonding of the same improvements
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by several phases, the City will allow a set of plans of the common facilities that
serve multiple phases for the same owner. The bond will name on it all of the
project phases that need the common facility to function. If any project phase is
sold, the backbone improvements for that phase will be bonded in addition by the
new owner without reduction of the original backbone infrastructure bond that still
serve other phases. Only if a copy of an agreement between the prime developer
and any tenant or owner of a given phase is delivered to the City stating that the
prime developer is still responsible for backbone improvements, the new phase
owner or tenant will not need to bond for backbone improvements for that phase.
GRADING AND DRAINAGE
General Conditions
18. Obey All Grading Regulations. All grading shall conform to the latest adopted
edition of the California Building Code, applicable City ordinances, City design
standards and specifications, City policies, rules and regulations governing
grading in the City.
19. Grading Permit for Clearing and Grubbing. City ordinance on grading requires
a grading permit prior to clearing, grubbing, or any top soil disturbances related
to construction grading activities.
20. Dust Control. During the actual grading, all necessary measures to control dust
shall be implemented by the developer/property owner in accordance with Air
Quality Management District (AQMD) requirements. A watering device shall be
present and in use at the project site during all grading operations.
21. Use of Maximum and Minimum Grade Criteria. Actual field construction
grades shall not exceed the minimum and maximum grades for ADA and
approved project grading design, to allow for construction tolerances. Any
improvement that is out of the minimum and maximum values will not be
accepted by the City Inspector, and will need to be removed and replaced at
developer’s or owner’s expense.
22. 2:1 Maximum Slope. Graded slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works
Engineering Department.
23. Slope Landscaping and Irrigation. All slopes greater than or equal to 3 feet in
vertical height shall be irrigated and landscaped with grass or ground cover.
Slopes exceeding 15 feet in vertical height shall be irrigated and planted with
shrubs and/or trees. Drip irrigation shall be used for all irrigated slopes.
24. Slope Erosion Control Plan. Erosion control and/or landscape plans are
required for manufactured slopes greater than 3 feet in vertical height. The plans
shall be prepared and signed by a registered landscape architect, and bonded in
accordance with City policies and ordinances.
25. Erosion Control Plans. All grading plans shall require approved erosion control
plans. Graded but undeveloped land shall provide, in addition to erosion control
planting, drainage facilities deemed necessary to control or prevent erosion.
Erosion and sediment control Best Management Practices (BMPs) are required
year round in compliance with the State Water Resources Control Board
(SWRCB) General Construction Permit. Additional erosion protection may be
required during a rain event, or before an anticipated rain event. Temporary
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erosion control measures shall be implemented immediately following rough
grading to prevent deposition of debris onto downstream properties or drainage
facilities. Plans showing these measures shall be submitted to the City for review.
26. Slope Setbacks. Observe slope setbacks from buildings and property lines per
the California Building Code and applicable City ordinance regarding grading.
27. Minimum Drainage Grade. Minimum drainage design grade shall be 1% except
on Portland cement concrete surfaces where 0.5% shall be the minimum. The
engineer of record must submit a variance request for design grades less than
1% with a justification for a lesser grade.
28. Drainage Facilities. Onsite drainage facilities/water quality features located
outside of road right of way shall be contained within drainage easements shown
on the final map. A note shall be added to the final map stating, "Drainage
easements shall be kept free of buildings and obstructions".
29. Drainage Guideline. The land divider shall accept and properly dispose of all
off-site drainage flowing onto or through the site. In the event the PW
Engineering Department permits the use of streets for drainage purposes, the
provisions of Article XI of the City adopted Ordinance No. 460 will apply. Should
the quantities exceed the street capacity or the use of streets be prohibited for
drainage purposes, the sub-divider shall provide adequate drainage facilities
and/or appropriate easements as approved by the PW Engineering Department.
30. No trees shall be planted over all proposed storm drain lines, sewer lines or
water lines.
31. Site Drainage. Positive drainage of the site shall be provided, and water shall
not be allowed to pond behind or flow over cut and fill slopes. Where water is
collected and discharged in a common area, protection of the native soils shall
be provided by planting erosion resistant vegetation, as the native soils are
susceptible to erosion by running water. All cut and fill slopes shall have a
maximum 2:1 grade, 2 horizontal to 1 vertical. Final determination of the
foundation characteristics of soils within on-site development areas shall be
performed by a licensed geotechnical engineer.
32. Street Drainage Facilities. All street drainage facilities shall be designed to
accommodate the 10–year storm event within the curb, or the 100- year storm
event flows within the street right of way. When either of these criteria is
exceeded, additional drainage facilities shall be installed in accordance with
Riverside County Flood Control and Water Conservation District criteria. All
parcels shall be graded to drain to the adjacent street or an adequate outlet.
33. 100 Year Sump Drainage Facilities. All drainage facilities outletting sump
conditions shall be designed to convey the tributary 100 year storm flows. An
emergency overflow escape or an alternative dual outlet shall be provided as
approved by City Engineer. Drainage facilities shall comply with City and
Riverside County Flood Control District standards.
34. 100-Year Drainage Facilities. All drainage facilities shall be designed to
accommodate 100-year storm flows as approved by the City of Menifee. All
drainage facilities shall conform to the project’s approved drainage study.
35. Trash Racks. Trash racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large floatable debris.
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Prior to Grading Permit Issuance
36. Grading Bonds. Prior to issuance of a grading permit for any grading in excess
of 50 cubic yards, the developer/project owner shall post adequate performance
security with the Public Works Engineering Department.
37. Geotechnical and Soils Reports Requirement. An update on the Geotechnical
Investigation Report dated December 2, 2014 prepared by Converse Consultants
for the 150-acre Menifee Town Center Site (Converse Reference Project 13-81-
315-02) has been prepared for this project by Geocon West, Inc. The report
entitled “Geotechnical Update, Planning Areas 1, 2 and 4, Menifee Town Center,
Menifee California” dated January 29, 2016 was reviewed and approved by the
PW-Engineering Department on November 3, 2016 (NV5 Memo). A copy of the
approved report must be submitted prior to issuance of a grading permit. All
grading shall be done in conformance with the recommendations of the City
approved geotechnical/soils reports, and under the general direction of a
licensed geotechnical engineer.
38. Offsite Grading Permission and Easements. It is the sole responsibility of the
developer/property owner to obtain any and all proposed or required easements
and/or permissions necessary to perform the grading herein proposed. Written
permission shall be obtained from all affected property owners allowing the
proposed grading and/or drainage facilities to be installed outside of the project
boundaries. A notarized agreement and/or recorded documents shall be
submitted to the Engineering Department prior to issuance of a grading permit.
39. West Edge Conditions with Existing Residential Properties (TR22543-4, -6).
The west edge of the project next to the existing residential development to the
west (TR22543) has existing drainage channel and swale that run north along
the west property limit of this project. A detailed survey indicated that the channel
and the swale meandered between property lines. Prior to issuance of a grading
permit the following shall be addressed:
(a) Revise the final TTM to show the true picture of what is currently existing in
the field.
(b) Add a mow curb to delineate the PL between this tract and the neighboring
tract
(c) The HOA lot should be not be left as dirt. It should be treated with some
form of ground cover acceptable to the Planning Department and to PW if
this will serve as a drainage easement.
(d) OS lot should be a minimum 5’ wide, and dedicated as a drainage
easement. Where this minimum cannot be attained, developer will have to
put in retaining walls.
(e) Add a section for the area behind Lot 10, and indicate how the drainage
easement that is encroaching Regent’s property will be addressed.
(f) Where offsite grading will be necessary, permission from affected property
owners should be obtained prior to grading.
40. Existing Drainage Channel on Lot 10 of TTM37067. Survey showed that a
drainage channel was incorrectly built by the adjacent development to the west
resulting to an encroachment of the channel on Lot 10 of this project. Prior to
issuance of a grading permit, the developer/applicant shall reconstruct this
portion of the channel to its correct drainage easement limits. The developer
shall obtain the necessary offsite construction permit from affected property
owners prior to start of construction. If left at the existing location, the developer
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shall grant a drainage easement to the properties to the west that benefit from
the existing easement.
41. Import/Export. Prior to issuance of a grading permit, grading plans involving
import or export of dirt shall require approval of the import/export locations from
the Public Works Engineering Department. Additionally, if either location was not
previously approved by an Environmental Site Assessment, a Grading
Environmental Site Assessment shall be submitted for review and approval by
the Public Works Engineering Department prior to issuance of any grading
permit. A haul route must be submitted for approval by the Engineering
department prior to grading operations.
In instances where a grading plan involves import or export of soil from outside
the boundary of the Town Center Specific Plan, the developer/property owner
shall have obtained approval for the import/export location from the City
Engineering Department. Additional CEQA analysis will not be required if such
import/export has been analyzed in the EIR. Soil movement within the boundary
of the Town Center Specific Plan and EIR shall not be considered import/export
and shall not be subject to a new Environmental Assessment because the EIR
analyzed such soil movement for balance and grading purposes as part of the
construction program. If any soil movement requires the use of a public road that
is fully improved and accepted by the City and, a haul route must be submitted
and approved by the Engineering department prior to issuance of the grading
permit.
42. Drainage Study. The developer caused the Engineer of Record to submit a
Letter of Conformance (dated May 1, 2017) to the Hydrology & Hydraulics Report
dated June 2015 prepared by Albert A. Webb & Associates for the Town Center
PM36299-1. The PW Engineering Department has reviewed and approved the
conformance letter. Prior to issuance of a grading permit, a Final Drainage Study
for TTM37067 shall be submitted for review and approval by the PW Engineering
Department. The responsible Engineer of Record shall sign and wet stamp the
final study. The project shall comply with all the mitigation measures identified in
the approved final study.
43. Emergency Overflow for Sump Conditions. The drainage memo did not really
provide any detail on how emergency overflow is provided for the sump inlets
within the project. Therefore the Final Drainage Study shall include a detailed
description of how emergency overflow is being provided for all sump inlets,
including an exhibit showing the emergency overflow flow path, flow line
elevations, high point elevations, and adjacent pad elevations.
44. Flood Hazard Report. Site will include the necessary drainage improvements to
protect the site from flood hazard along with any features necessary to mitigate
the site's impact for both increased runoff and water quality. Unless otherwise
approved by the City, no grading or building permits shall be issued prior to the
approval of a final map or any other land use case for this site.
45. Perpetual Drainage Patterns. 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 all affected property owners for the release onto
their properties of concentrated or diverted storm flows. Prior to issuance of a
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grading permit, a copy of the recorded drainage easements from all affected
property owners shall be submitted to the Public Works Engineering Department.
46. Cross Lot Drainage/Lot to Lot Drainage Easement. A recorded drainage
easement is required for lot to lot drainage.
47. NPDES General Construction Permit and SWPPP. The developer/property
owner shall comply with the National Pollutant Discharge Elimination System
(NPDES) General Construction Permit (GCP) from the SWRCB.
Prior to approval of the grading plans or issuance of any grading permit, the
developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a
Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the
WDID number issued by the SWRCB shall be reflected on all grading plans prior
to plan approval. For additional information on how to obtain a GCP, contact the
SWRCB. 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.
48. 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.
Prior to Building Permit Issuance
49. No Building Permit without Grading Permit. Prior to issuance of any building
permit, the developer/property owner shall obtain a grading permit and/or
approval to construct from the Public Works Engineering Department.
50. Offsite and Onsite Storm Drain Improvements. All storm drain facilities
required by the approved drainage study shall be reflected on the approved
improvement plans, and shall be completed for construction prior to issuance of a
building permit. The improvements shall be subject to the review and approval of
the City Engineer/Public Works Director.
51. Onsite and Offsite Storm Drain Facilities Larger Than 36”. Storm drain lines
greater than 36 inches proposed to be owned the Riverside County Flood Control
and Water Conservation District (Flood Control), shall also be reviewed and
approved by the Flood Control. The developer shall coordinate the transfer of
ownership for these larger lines to Flood Control as determined by the City
Engineer/PW Director.
52. Building Footprints over Setback/Right of Way Lines. Prior to issuance of
any building permit, the project shall ensure that no building footprints will cross
over any existing or proposed right of way lines and setback lines.
53. Final Rough Grading Conditions. Prior to issuance of any 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
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compaction, for the lots for which building permits are requested. The
certifications shall use City approved forms, and shall be submitted to the Public
Works Engineering Department for verification and acceptance.
54. 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
55. Maintenance of Lot W of TTM37067. The project is proposing a Lot W located
at the project’s west boundary limits. This area is a minimum of 5 foot wide, and
will abut the open area of the neighboring tract (TR22534). Lot W will be HOA
maintained. There is a high probability in post development that when the HOA
access this area for maintenance, the workers may encroach onto the
neighboring private open area. To prevent future potential encroachment
problems with the neighboring tract, the developer shall develop a solution to
address this concern. The solution shall be memorialized in a recorded document
such as the CC&Rs, or other legal means acceptable to both the developer and
the City. The resolution shall be finalized prior to issuance of a Certificate of
Occupancy.
56. Final Grade Certification. Prior to issuance of Certificate of Occupancy, the
developer/property owner shall cause the Civil Engineer of Record for the
approved grading plans, to submit signed and wet stamped final grade
certification on City approved form, for the building for which a certificate of
occupancy is requested. The certification shall be submitted to the Public Works
Engineering Department for verification and acceptance.
57. Conform to Elevations. Final grade elevations of all building or structure
finish floors submitted for grading plan check approval shall be in substantial
conformance with the elevations shown on the approved grading plans.
58. Manufactured Slopes 4:1 or Steeper. Plant and irrigate all manufactured
slopes steeper than a 4:1 (horizontal to vertical) ratio and/or 3 feet or greater in
vertical height with grass or ground cover; slopes 15 feet or greater in vertical
height shall be planted with additional shrubs or trees as approved by the PW
Engineering Department.
59. Map Owner Maintenance. The developer/property owner shall provide sufficient
description in the Covenants, Conditions, and Restrictions to advise purchasers
of any parcel within the subdivision that the owners of individual parcels are
responsible for the maintenance of the private drainage facility within the
drainage easements as shown on the final map. Public drainage facilities within
drainage easements shall be maintained by the property owner until accepted by
the City or the Riverside County Flood Control District.
WATER, SEWER AND RECYCLED WATER
Prior to Final Map Recordation
60. EMWD Standards. Utility improvements shall be designed per Eastern Municipal
Water Districts (EMWD) standards and specifications, including required
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auxiliaries and appurtenances. The final design, including pipe sizes and
alignments, shall be subject to the approval of EMWD and the City of Menifee.
61. Public Sewer Lines – Any new sewer line alignments or realignments shall be
designed such that the manholes are aligned with the center of lanes or on the
lane line and in accordance with City-Ordinances and Eastern Municipal Water
District standards.
Prior to Building Permit Issuance
62. Public Water Mains and Hydrants - All water mains and fire hydrants providing
required fire flows shall be constructed in accordance with City Ordinances, and
subject to the approval of the Eastern Municipal Water District and the Riverside
County Fire Department. All water lines for the purpose of landscaping irrigation
shall use recycled water.
63. Onsite and Offsite Public Sewer, Water and Recycled Water
Improvements – All onsite and offsite sewer, water and recycled water lateral
connections to the street right-of-way shall be shall be completed for construction
prior to issuance of a building permit.
TRAFFIC ENGINEERING, STREET IMPROVEMENTS AND DEDICATIONS
General Conditions
64. Trip Generation Evaluation Report. The project development provided a Trip
Generation Evaluation report dated November 9, 2016, prepared by Urban
Crossroads. The purpose of the report is to identify and compare the vehicular
trips for the proposed Project to the land use assumptions in the certified Town
Center Specific Plan (TCSP) and the Mitigation Monitoring and Reporting Plan
(MMRP) to confirm if there are any significant new impacts or substantial
increase in the severity of an identified impact in the TCSP EIR that would
require additional analysis or mitigation. The PW Engineering Department
reviewed the report and has agreed with its findings that the proposed Project
would not result in any additional significant impacts from what is already
disclosed in the TCSP EIR and no further mitigation beyond the MMRP is
required. The project shall comply with all the required mitigation measures
identified in the MMRP prior to the issuance of a certificate of occupancy.
65. Street Improvements. Street improvements shall conform to all applicable City
Design Standards and Specifications, the City General Plan, the City-adopted
Riverside County Ordinance 461, Riverside County Fire Department Access
Standards, and all other relevant laws, rules and regulations governing street
construction in the City.
66. Acceptance of Onsite Public Roadway Dedication and Improvements –
Easements and right-of way for public roadways shall be dedicated to the City of
Menifee through final map, or other acceptable recordable instrument. Public
street improvements and right-of-way dedications, as follows:
(a) Street “A” – Modified General Local Standard Plan No. 115 (36’/56’). The
modifications are: right-of-way width of 56 feet, curb to curb roadway of
36 feet, and 5-foot sidewalk non-contiguous with curb.
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(b) Streets “B” and “E” - Modified General Local Standard Plan No. 115
(36’/60’). The modifications are: right-of-way width of 60 feet, curb to curb
roadway of 36 feet, and 5-foot sidewalk non-contiguous with curb.
(c) Streets “C’, “F”, “G”, “I” (between H and I Streets), and “J” - Modified
General Local Standard Plan No. 115 (36’/56’). The modifications are:
right-of-way width of 56 feet, curb to curb roadway of 36 feet, and 5-foot
sidewalk non-contiguous with curb.
(d) Street “D” - Modified General Local Standard Plan No. 115 (36’/66’). The
modifications are: right-of-way width of 66 feet, curb to curb roadway of
36 feet, and 5-foot sidewalk non-contiguous with curb.
(e) Street “H” - Modified General Local Standard Plan No. 115 (36’/60’). The
modifications are: right-of-way width of 60 feet, curb to curb roadway of
36 feet, and 5-foot sidewalk non-contiguous with curb.
(f) Street “I” (between Great Oak Road and K Street) - Modified General
Local Standard Plan No. 115 (36’/63’). The modifications are: right-of-way
width of 63 feet, curb to curb roadway of 36 feet, and 5-foot sidewalk non-
contiguous with curb.
(g) Street “K” - Modified General Local Standard Plan No. 115 (36’/60’). The
modifications are: right-of-way width of 60 feet, curb to curb roadway of
36 feet, and 5-foot sidewalk non-contiguous with curb.
All street rights-of-way as required to be dedicated are all within the
boundaries of the subdivision.
67. Acceptance of Onsite Public Roadway Dedication and Improvements –
Easements and right-of way for public roadways shall be dedicated to the City of
Menifee through final map, or other acceptable recordable instrument. Public
street improvements and right-of-way dedications, as follows:
(a) La Piedra Road – Secondary (4 lanes, undivided) (64’/100’).
Improvements and right-of-way shall be as depicted on the Tentative
Map.
(b) Great Oak Road - Modified General Local Standard Plan No. 115
(40’/60’). The modifications are: right-of-way width of 60 feet, curb to curb
roadway of 40 feet, and 5-foot sidewalk non-contiguous with curb.
All street rights-of-way as required to be dedicated are all within the boundaries
of the subdivision.
68. Encroachment Permits – The developer/property owner shall obtain all required
encroachment permits and clearances prior to start of any work within City, State,
or local agency right-of-way.
69. Reciprocal Access Agreement with Parcels 1 & 2 of PM36299-1. Lot V of the
tract map is a proposed 10’ wide lot to serve as landscape buffer with Parcels 1
& 2 to the north. If this buffer will also be utilized as a drainage conveyance for
flows, the lot shall be designed to allow flows to runoff. Access to this lot for
maintenance may also require encroachment onto Parcels 1 & 2 of PM36299-1.
Prior to final map recordation, the developer shall enter into a reciprocal access
agreement with the property owners of Parcels 1 & 2 to allow access to Lot V.
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70. Street Design Standards - Street improvements shall conform to all applicable
City Design Standards and Specifications, the City General Plan, City
Ordinances, and applicable City-adopted Riverside County Ordinances, and all
other relevant laws, rules and regulations governing street construction in the
City.
71. Enhanced Entryways. The development is required to provide enhancement to
the following development entrances:
(a) Entrance at “B” Street from La Piedra
(b) Entrance at “D” Street from Great Oak Road
(c) Entrance at “I” Street from Great Oak Road
The enhancement shall consist of pavers at the minimum. No stamped concrete
shall be accepted. The detailed design shall be reviewed in final engineering
and shall be approved by the PW Engineering Department. At a minimum, the
structural integrity of the road segment with pavers shall be able to withstand the
vehicular loading at the entrances.
72. Street Name Signs - The Developer shall install street name sign(s) in
accordance with City- Standards as directed by the Engineering Department.
73. Intersection/50-Foot Tangent - All centerline intersections shall be at ninety
(90) degrees, plus or minus five (5) degrees, with a minimum fifty (50) feet
tangent, measured from flow line/curb face or as approved by the City Engineer.
74. Soils and Pavement Report – If not already addressed in the approved
Geotechnical Report for this project, the developer/property owner shall submit a
City approved soils and pavement investigation report addressing the
construction requirements, including the street structural sections, within the
right-of-way.
75. Paving or Paving Repairs – The applicant shall be responsible for obtaining all
required paving inspections. Paving and/or paving repairs for utility street cuts
shall be per City of Menifee Standards and Specifications and as approved by
the Public Works Director/City Engineer.
76. Concrete Work – All concrete work including curbs, gutters, sidewalks,
driveways, cross gutters, catch basins, manholes, vaults, etc. shall be
constructed to meet a 28-day minimum concrete strength of 3,250 psi.
77. Onsite and Offsite Street Lights Ownership and Maintenance – All proposed
public and private street lights shall be designed in accordance with City
approved standards and specifications, or as determined and approved by the
PW Director/City Engineer. The City shall have ownership and maintenance of all
proposed public street lights and associated appurtenances, and 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 as determined and approved by the PW Director/City Engineer.
78. 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.
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Prior to Final Map Recordation
79. Improvement Bonds – Prior to recordation of a final map, the
developer/project owner shall post acceptable bonds or security to guarantee the
construction of all required onsite and offsite public improvements. The bonds
shall be in accordance with all applicable City ordinances; resolutions and
municipal codes (See also bond agreement condition under General Condition).
80. Acceptance of Public Roadway Dedication and Improvements – Easements
and right-of way for public roadways shall be dedicated to the City of Menifee
through final map, or other acceptable recordable instrument.
81. Phase 7 of TPM 36299. Prior to final map recordation, all parcels within Phase 7
of the underlying TPM 36299 shall comply with the following:
Primary access shall be provided on La Piedra Road from Sherman Road (now
Town Center Drive) to Haun Road. Secondary access shall be provided on City
Hall drive from Great Oak Drive to Town Center Drive and on Town Center Drive
from the northern frontage to Newport Road. The secondary access road shall
comply with the condition titled “Secondary Access Minimum Improvements and
R/W” in this document.
82. La Piedra Road Improvements. La Piedra Road fronting the development
shall be improved for half street width. A minimum additional 12 feet
improvement past the centerline will also be required with design details
approved by the PW Director. The improvement shall meet the cross section
requirement for a Secondary 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.
83. Street Light Plan – Street lighting shall be designed in accordance with the
latest City Standards and Specifications for LS-3 street light rates, and as
determined by the PW Director.
84. Streetlight Design as LS-3 Rate Lights – All new 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
85. Street Light Service Point Addressing – The developer shall coordinate with
the PW Department and with Southern California Edison the assignment of
addresses to required street light service points. Service points serving public
streetlights shall be owned by the City and shall be located within public’s right of
way or within duly dedicated public easements.
86. Utility Easement on Old Sherman Road – The developer/applicant shall
provide proof that utility easements that were reserved when the Old Sherman
Road was vacated/realigned, have been quitclaimed. A copy of the recorded
document shall be submitted to the PW Department for review and acceptance.
87. Street Improvement Plans – Street Improvement plans shall be submitted to
the City for review and approval in conformance with City adopted County
Ordinances 460/461, and current City Standards and Policies. Street
improvement plans may be submitted for each phase as approved by the City
Engineer.
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88. Sight Distance Analysis – Sight distance analysis shall be conducted at all
project roadway entrances for conformance with City sight distance standards.
The analysis shall be reviewed and approved by the PW Director, and shall be
incorporated in the final the grading plans, street improvement plans, and
landscape improvement plans.
89. Signing and Striping Plan – Prior to issuance of a building permit, any
necessary signing and striping plan shall be approved by the PW Director in
accordance with City ordinances, standards and specifications, and with the
latest edition of the CAMUTCD.
90. Traffic Signal Control Devices - All new traffic signals and traffic signal
modifications required for construction by this development shall include traffic
signal communication infrastructure, network equipment, and Advanced Traffic
Management System (ATMS) license software. Said traffic signal control devices
shall be submitted with the traffic signal design plans, and shall be approved by
the PW Director, prior to testing of new traffic signal. Traffic signal poles shall be
placed at ultimate locations when appropriate.
91. Traffic Signal Timing Plans - Traffic signal timing plans for new and or
modified signalized intersections shall be submitted with the traffic signal design
plans and shall be approved by the PW Director prior to installation and testing of
new signal.
92. Traffic Signals – The project shall comply in accordance with traffic signal
requirements within public road rights-of-way, as directed by the Public Works
Department. Assurance of traffic signal maintenance is required by annexing into
a City administered Landscaping and Lighting Maintenance District or
Community Facilities Maintenance District (CFD).
93. Traffic Signal Design. Complete the design of the proposed new traffic signal
at the intersection of Town Center Drive and La Piedra Road per City
Specifications and Special Provisions. The final intersection geometrics at this
location shall be reviewed and approved by the Traffic Engineer.
94. Traffic Signal Interconnect. Traffic signal interconnect between those signals
installed or modified by the project shall be installed as directed by the
Engineering Department and per City Standards and Specifications.
95. Traffic Signal Coordination. A traffic signal coordination program employing
Syncro Modeling software or other software acceptable to the City Engineer shall
be developed for the project traffic signals. The coordination program shall be
submitted to and approved by the City Engineer. The traffic signal controller at
the intersection of Haun Road and Newport Road is designated as the system
master.
96. Construction Traffic Control Plan - Prior to start of any project related
construction, the developer/property owner shall submit to the Public Works
Engineering Department for review and approval, a Construction Traffic Control
Plan in compliance with the development’s FEIR, all applicable City ordinances,
standards and specifications, and the latest edition of the CAMUTCD. The traffic
control plan shall address impacts from construction vehicular traffic, noise, and
dust and shall include measures to mitigate these effects. The plan shall include
the following:
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(a) The estimated day(s), time(s) and duration of any lane closures that are
anticipated to be required by Project construction.
(b) Safety measures such as, but not limited to, signage, flagmen, cones,
advance community notice, or other acceptable measures to the
satisfaction of the Public Works Engineering Department. The purpose of
the measures shall be to safely guide motorists, cyclists, and pedestrians,
minimize traffic impacts and ensure the safe and even flow of traffic
consistent with City level of service standards and safety requirements.
(c) A notification to the Public Works Department at least five (5) business
days in advance of any planned lane closure that will be caused by
Project construction. The City shall evaluate any other known lane
closures, construction activities, or special events that may conflict with
the Project’s scheduled lane closure or create additional impacts to traffic
flow; and, if deemed necessary by the Public Works Department, the
Project’s lane closure may be postponed or rescheduled.
(d) A dirt haul route plan shall be submitted for approval prior to any
import/export grading operation. The plan shall identify all origins and
destinations and a 9:00am – 4:00pm haul period. Haul routes are not
permitted on residential streets. The traffic control application, location,
and type of traffic control shall be shown on the plan. Daily street
sweeping is required during all hauling operations.
Prior to Building Permit Issuance
97. Fair Share Cost Participation/Mitigation Measures for Off-site
Improvements- TPM36299 is required to comply with the mitigation measures
identified in the approved Town Center Specific Plan (TCSP) Mitigation
Monitoring and Reporting Plan (MMRP). Prior to building permit issuance, the
development shall identify the costs associated with these measures if the form
of mitigation is through payment of fair share costs participation. Refer to the
MMRP for the required offsite improvements and required mitigation measures.
98. Fair Share Cost Estimates- The fair share cost estimates for Offsite
Improvements previously described shall be based on conceptual exhibits and
units costs reviewed and approved by the PW Engineering Department. The
conceptual exhibits shall show the proposed improvements overlaid onto the
existing roadway to aid in the evaluation of the construction cost of said
improvement.
Prior to Issuance of Certificate of Occupancy
99. Street Improvements) - All roads shall be improved, per the recommended
General Plan designation, Town Center Specific Plan latest amendment,
approved TTM site plan and traffic impact analysis as part of the final
environmental impact report and as noted below. All easements and right-of way
for public roadways shall be granted to the City of Menifee. The areas between
the right-of-way and the street curbs, not including the sidewalk/trail shall be
landscaped, irrigated and maybe requested for maintenance subject to City
Engineer’s approval, by applicable City administered Community Facilities
Maintenance District (CFD) or proposed property owners’ association. All streets
shall comply with the Fire Department requirements.
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The study indicates that the project's impacts shall be mitigated at certain
intersections. As such, the proposed project is consistent with this General Plan
policy and the Final Environmental Impact Report, and Traffic Impact Analysis
mitigation measures.
The associated conditions of approval incorporate mitigation measures identified
in the traffic study, which are necessary to achieve or maintain the required level
of service.
100. Traffic Signal at La Piedra and Town Center Drive – The underlying
TPM36299 conditions require any parcel within Phase 4 of the tentative parcel
map TPM36299 to comply with the following transportation condition:
Prior to certificate of occupancy of the corresponding phase, the applicant shall
be responsible for the construction and installation of the proposed or modified
traffic signals per City Specifications and Special Provisions at the intersections
of Sherman Road (now Town Center Drive) and La Piedra Road (new).
101. Phase 7 of TPM36299 – Prior to recordation of a final map for Phase 4, the
following transportation conditions shall apply: Primary access shall be provided
on Sherman Road (now Town Center drive) from the northern frontage to
Newport Road. Town Center Drive shall be dedicated north of Menifee Center
Drive for the use of public streets and utility purposes. Secondary access shall be
provided on Town Center Drive from the southern frontage to La Piedra Road
and on La Piedra Road from Town Center Drive to Haun Road. The secondary
access road shall comply with the condition titled “Secondary Access Minimum
Improvements and R/W” in this document.
102. Traffic Signal Mitigation Program – The applicant shall participate in the Traffic
Signal Mitigation as approved by the City Council. The project shall comply with
all the required mitigation measures identified in the MMRP prior to the issuance
of a certificate of occupancy.
103. Payment of Fair Share Cost Participation/Delivery of Mitigation Measures
for Off-site Improvements- The developer/property owner shall pay the fair
share costs for the offsite Improvements identified to be mitigated in the Town
Center Specific Plan (TCSP) MMRP. Mitigation measures required to be
constructed shall be complete prior to issuance of a Certificate of Occupancy.
The fair share payments are due prior to issuance of a certificate of occupancy.
104. Traffic Signal at La Piedra and Town Center Drive – Prior to issuance of any
certificate of occupancy, the traffic signal at the intersection of La Piedra Road
and Town Center drive shall be installed.
105. La Piedra west of Town Center Drive – The segment of La Peidra west of the
Town Center Drive will not be open for public use until the traffic signal at this
intersection has been constructed to City specifications and deemed operational
by the PW Director/City Engineer.
106. Street Lights Install – Install streetlights along the streets associated with
development in accordance with the approved City approved street lighting plans
and standards. It shall be the responsibility of the Developer to ensure that
streetlights are energized along the streets of those lots where the Developer is
seeking Building Final Inspection (Occupancy).
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107. Town Center Drive (formerly Sherman Road) Street Improvements for
Secondary Access - With the exception of the segment between “A” Street
(Menifee Center Drive) and Newport Road that will be constructed to full width,
some segments of Sherman Road (now Town Center Drive) between La Piedra
Road and Newport Road may serve as a secondary road. The first three
developed phases in TPM 36299 shall be allowed to use the secondary access
road in compliance with the condition titled “Secondary Access Minimum
Improvements and R/W” in the conditions of approval for TPM 36299. After the
recordation of third phase (regardless of phase number) Sherman Road (now
Town Center drive) between La Piedra Road and Newport Road shall be
constructed with ultimate improvements as described in Condition 91 of
TPM36299, prior to the recordation of any subsequent phase.
108. La Piedra Road Street Improvements for Secondary Access. With the
exception of the Phase Number 6 of Tentative Parcel Map 36299, the first four
developed phases will be allowed to construct La Piedra as a secondary access
in compliance with the condition titled “Secondary Access Minimum
Improvements and R/W” of TPM36299. After the recordation of fourth phase
(regardless of phase number) La Piedra Road between Town Center Drive and
Haun shall be constructed with ultimate improvements as described in the
Condition 93 of TPM36299, prior to the recordation of any subsequent phase.
109. Right of Way Landscape – Right of way landscaping shall be installed per an
approved plan including best management practices identified in the water
quality management plan.
110. Street Improvements – Prior to final inspection for certificate of occupancy for
any building, the street improvements corresponding shall be constructed to the
satisfaction of the City Engineer.
111. Paving Inspections - The applicant/applicant shall be responsible for
obtaining the paving inspections required by applicable City Grading Ordinance.
All applicable inspection deposits shall be placed with the City.
112. Traffic Signal Installation – Prior to certificate of occupancy of the
corresponding phase, the applicant shall be responsible for the construction and
installation of the proposed or modified traffic signals per City Specifications and
Special Provisions at the intersections of Sherman Road (now Town Center
Drive) and La Piedra Road (new).
113. Landscaping Application Annex– Landscaping within public road rights-of-
way shall comply with the PW Engineering Department standards and require
approval by the PW Department. Assurance of continuing maintenance is
required by annexing the development into a City administered Landscaping and
Lighting Maintenance District or Community Facilities Maintenance District
(CFD).
114. Landscaping – The project proponent shall comply in accordance with
landscaping requirements within public road rights-of-way, in accordance with
City Standards and Ordinances. Landscaping shall be installed in the parkways
and raised medians. Landscaping plans shall be submitted on standard City Plan
sheet format (24" X 36"). Landscaping plans shall be submitted with the street
improvement plans. If the landscaping maintenance will become the
responsibility of a City administered Landscaping and Lighting Maintenance
District or Community Facilities Maintenance District (CFD), landscaping plans
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shall depict ONLY such landscaping, irrigation and related facilities as are to be
placed within the public road rights-of-way
NPDES and WQMP
General Conditions
115. 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. 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.
116. 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
117. Final Project Specific Water Quality Management Plan (Final WQMP) – Prior
to issuance of a grading permit, a FINAL project specific WQMP in substantial
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conformance with the approved PRELIMINARY WQMP, shall be reviewed and
approved by the Public Works Engineering Department. Final construction plans
shall incorporate all of the structural BMPs identified in the approved FINAL
WQMP. The final developed project shall implement all structural and non-
structural BMPs specified in the approved FINAL WQMP. One copy of the
approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the
Public Works Engineering Department. The FINAL WQMP submittal shall include
at the minimum the following reports/studies:
(a) Hydrology/hydraulics report
(b) Soils Report that includes soil infiltration capacity
(c) Limited Phase II Environmental Site Assessment Report as maybe
required by an approved Phase I ESA
118. Preliminary WQMP – The developer has submitted a Preliminary WQMP dated
January, 2017 and prepared by Alliance Land Planning & Engineering Inc. The
PW Engineering Department reviewed and approved the Prelim WQMP as
meeting the minimum requirement for a Prelim WQMP.
119. Encroachment of Non-BMP Facilities in WQMP Basins. Non-BMP facilities,
such as monument signs, dry utility lines or trees/planting materials that are not
part of the WQMP performance design, shall not be allowed to be placed in the
basins without prior approval from the PW Engineering Department.
120. Safety features for WQMP Basins. For WQMP basins with down slopes or
drops that are in close proximity to pedestrian sidewalks or path of travel shall be
provided with safety features such as railings or other acceptable means to
ensure a safe path of travel. The design shall be determined and approved by
the PW Engineering Department and the Community Development Department.
121. WQMP Facilities for Offsite La Piedra Road. There are water quality basins
currently existing along La Piedra Road fronting the proposed development, to
treat flows from La Piedra Road. The developer/property owner is proposing to
remove these two basins and replace with new facilities that will provide
equivalent treatment capacities as the current basins. The developer/property
owner shall ensure that the replacement facilities are within public ROW and/or
easements are provided if placed outside the ROWs. The design shall be
reviewed and approved by the PW Engineering Department, and necessary
WQMP documents are revised to reflect the changes.
122. 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.
123. WQMP Maintenance Agreement – Prior to, or concurrent with the approval of
the FINAL WQMP, the developer/project owner shall record Covenants,
Conditions and Restrictions (CC&R’s), or enter into an acceptable maintenance
agreement with the City to inform future property owners of the requirement to
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perpetually implement the approved FINAL WQMP. The agreement shall also
include a provision for the City to have a right of entry to the developed site to
ensure post development WQMP facilities are in acceptable working conditions.
124. Storm Water Pollution Prevention Plan (SWPPP). This project will disturb
one (1) or more acres or is part of a larger project that will disturb one (1) or
more acres. Prior to issuance of any grading or construction permits -
whichever comes first, the applicant is required to comply with the State
Water Resources Control Board Order Number 2009-0009-DWQ (NPDES
No. CAS000002) for the National Pollutant Discharge Elimination System
General Construction Permit (GCP). Clearance for grading shall not be given
until the City Engineering Department has determined that the project
applicant has complied with such Order. A Storm Water Pollution Prevention
Plan (SWPPP) shall be submitted to the City Engineering Department for
reference. The applicant is responsible for securing Regional Board approval
of the SWPPP, and uploading of necessary SWPPP documents in the State’s
SMARTS system. A State issued WDID number shall be reflected on all
grading plans prior to approval.by the City.
Prior to Final Map Recordation
125. WQMP Basin in Lot N. The developer/property owner is proposing a water
quality treatment basin within a portion of Lot N of the proposed tract, to treat
public flows. The basin is proposed to be maintained by the City through a City
administered CFD. The rest of Lot N is proposed to be landscaped and improved
with amenities to be maintained by the development’s Homeowner’s Association
(HOA). Prior to final map recordation, the final map shall show an easement
dedicated to the City for the area to be occupied by the basin. The area shall be
defined by metes and bounds description on the map and shall be visually
delineated on the ground by some structural features such as mow curb or other
features that are acceptable to the PW Engineering Department. The final
delineating feature shall be determined in final engineering.
Prior to Building Permit Issuance
126. 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 within the project boundaries, and 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
127. 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.
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128. 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.
129. Inspection of BMP Installation - Prior to issuance of 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.
CITY ADMINISTERED COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD)
Prior to Building Permit Issuance
130. CFD 2014-1 - The project is within the boundaries of the Town Center CFD
2014-1. The CFD will be the funding mechanism responsible for providing
services that benefit all post development projects within the Town Center
Specific Plan and the proposed residential development called South 35 located
at the northeast corner of Holland Road and Sherman Road. Since CFD
formation, the Regent Town Center master development has made numerous
changes to each parcel layout, the quantities of the public facilities for CFD to
maintain, the water quality basins, and the total benefit units in the Specific Plan.
The changes required an analysis of the CFD funding capacity to ensure the
CFD’s taxing rate can sustain the new demand triggered by the changes, and
therefore stay solvent.
The CFD analysis showed that the current taxing rate of the CFD is not sufficient
to provide the required funding budget to maintain all of the facilities and services
that are currently proposed by the Town Center development. Therefore the gap
between the estimated need and the current maximum CFD revenue has to be
filled. Prior to issuance of a building permit or final map recordation whichever
comes first, each parcel in PM36299-1 shall ensure that there is sufficient
funding generated to pay for all the services proposed to be maintained or
provided by the CFD. The method by which this can be addressed shall be
determined through an agreement between the City and the developers. The
method may include one or a combination of the following: (1) Increasing the
current rate of the CFD 2014-1 for the CFD; (2) Annexing into the existing
Citywide CFD 2015-2 only for the required gap in revenues; (3) Establishing or
forming an overlaying CFD to supplement the needed gap in revenue.
131. CFD Annexation Agreement - In the event timing for this development’s
schedule prevents the developer/property owner from complying with this
condition of approval, the developer shall enter into a CFD agreement to allow
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the resolution to the CFD rate gap 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 agreement. The agreement
shall be approved by the City Council prior to final map recordation or building
permit issuance.
Prior to Issuance of Certificate of Occupancy
132. Landscape Improvements within Public Right of Way or CFD accepted
easements, shall comply to the following:
(a) Parkway Landscaping Design Standards - The parkway areas behind
the sidewalk within the right-of-way, shall be landscaped and irrigated per
City standards and guidelines.
(b) Maintenance of CFD Accepted Facilities – All landscaping and
appurtenant facilities to be maintained by CFD 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.
(c) CFD Landscape Improvement Plans – Landscape improvements for
maintenance by the CFD shall be drawn on a separate landscape
improvement plan set for review and approval by the City. The developer
is responsible for the operation and maintenance of these improvements
until accepted by the City.
WASTE MANAGEMENT
General Conditions
133. 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 (such Homeowner’s Associations) 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:
www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#ma
ndatory
134. 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
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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:
135. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of
a building permit, the developer 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.
136. Waste Recycling Plan. Prior to the issuance of a building permit, 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.
Prior to Issuance of Certificate of Occupancy
137. Waste Management Clearance. Prior to issuance of an occupancy permit,
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.
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FEES, DEPOSITS, AND DEVELOPMENT IMPACT FEES
138. 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.
139. Road Bridge Benefit District (RBBD). This project is within the Menifee
Valley Zone C Road Bridge and Benefit District (RBBD). The applicant shall pay
the RBBD fees based on the designated land use and areas, prior to issuance
of a building permit. Should the project proponent choose to defer the time of
payment, a written request shall be submitted to the City, deferring said
payment from the time of issuance of a building permit to issuance of a
certificate of occupancy. Fees which are deferred shall be based upon the fee
schedule in effect at the time of issuance of the permit of each parcel.
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Section IV:
Riverside County Fire Department
Conditions of Approval
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General Conditions
99. 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.
100. City Case Statement. With respect to the conditions of approval for the
referenced project, the Fire Dept. recommends the following fire protection
measures be provided in accordance with Riverside County Ordinances and / or
recognized fire protection standards.
101. 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.
102. Hydrant/Spacing. Fire hydrants and fire flow: Provide or show there exist fire
hydrant(s) capable of delivering a fire flow of 500 GPM at 20 PSI for 1 hrs. as
required by California Fire Code and Riverside County Fire Department
standards within 400 feet of all portions of all structures.
103. Address. The address will be clearly visible from public roadway, located no
more than 5 feet from access to the Parcel.
104. Fire Department Access. Fire Department apparatus access shall be provided
to within 150 feet of all portions of all buildings. Driveway loops, fire apparatus
access lanes and entrance curb radius should be designed to adequately allow
access of emergency fire vehicles.
Prior to Final Map
105. Water Plans. The applicant or developer shall furnish one copy of the water
system plans to the Fire Department for review. Plans shall be signed by a
registered civil engineer, containing a Fire Department approval signature block,
and shall conform to hydrant type, location, spacing and minimum fire flow. Once
plans are signed by the local water company, the originals shall be presented to
the Fire Department for signature.
106. ECS – Roofing Material. ECS map must be stamped by the Riverside County
Surveyor with the following note: All buildings shall be constructed with class "A"
material as per the California Building Code.
107. ECS - Water System Installed Prior to Bldg. ECS map must be stamped by
the Riverside County Surveyor with the following note:
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The required water system including fire hydrants shall be installed and
accepted by the appropriate water agency prior to any combustible
building materials being placed on an individual lot.
Prior to Issuance of Building Permit
108. 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.
109. 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. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuance.
Prior to Final Inspection
110. 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. Installation of the fire sprinklers will be
verified prior to issuance of occupancy.
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Section V:
Riverside County Environmental
Health Conditions of Approval
65
General Conditions
111. 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.
112. Retention Basins. The Environmental Cleanup Program (ECP) has reviewed
the environmental site assessment reports for this project. Based on the
information provided in the reports and with the provision that the information
was accurate and representative of site conditions, the ECP concludes no further
environmental assessment is required for this project.
If contamination or the presence of a naturally occurring hazardous material is
discovered at the site, assessment, investigation, and/or cleanup may be
required.
Prior to Final Map
113. Water System. A water system shall have plans and specifications approved by
Eastern Municipal Water District and the Department, the City Engineering
Department, of Environmental Health.
114. Financial Arrangements. Financial arrangements (securities posted) must be
made for the water improvement plans and be approved by City Attorney.
115. Sewer System. A sewer system shall have mylar plans and specifications as
approved by the Eastern Municipal Water District, the City Engineering
Department and the Department of Environmental Health.
116. Annexation. Annexation proceedings must be finalized with the applicable
purveyor for sanitation service.
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The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
_______________________________________________ ___________________
Signed Date
_______________________________________________ ___________________
Name (please print) Title (please print)