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PC17-361 EXHIBIT “A” Conditions of Approval for Tentative Tract Map No. 34037 per Extension of Time No. 2016-191 for a Residential Subdivision of 33.75 acres into 122 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 Section VI: Community Services Department Conditions of Approval 2 Section I: Conditions Applicable to all Departments 3 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 34037 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. 34037, Amended No. 3, dated October 10, 2016. APPROVED EXHIBIT M = Development/Design Manual for Tentative Tract Map No. 34037, Dated July 10, 2006. FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. 2. Project Description. The land division hereby permitted is to subdivide and develop approximately 33.75 acres into 122 single-family residential lots with a minimum lot size of 6,000 square feet. In addition the development of this project will include a 3.55-acre neighborhood park, and a 0.3-acre water quality basin. Access to the site will be provided via two access points, one to the west of the project along Wheat Street and the other to the east of the site along Byers Street.(Modified at Board of Supervisors 9/26/06). 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 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 4 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. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the Riverside County Board of Supervisor’s original approval date, unless extended as provided by Ordinance No. 460 or Subdivision Map Act. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. 5 Section II: Community Development Department Conditions of Approval 6 General Conditions 7. 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. 8. No Offsite Subdivision Signage. No offsite subdivision signs advertising this land division/development are permitted, other than those allowed under Ordinance No. 679.4. Violation of this condition of approval may result in no further permits of any type being issued for this subdivision until the unpermitted signage is removed. 9. Residential Design Standards. The design standards for the subject parcels are as follows: a. Lots created by this map shall conform to the design standards of the R- 4 zone. b. The front yard GARAGE setback is 20 feet. c. The front yard LIVING SPACE setback is 15 feet. d. The front yard PORCH setback is 10 feet. e. The side yard setback is 5 feet. f. The street side yard is 10 feet. g. The rear yard setback is 15 feet, except where a rear yard abuts a street, then the setback shall be the same as the front yard setback, in accordance with Section 21.77 of Ordinance No. 348. h. The minimum average width of each lot is 50'feet. i. The maximum height of any building is 40 feet. j. The minimum parcel size is 5,500 square feet. k. No more than 50% of the lot shall be covered by structure. l. Residential driveway approaches shall be a minimum of 12 feet and a maximum of 30 feet in width, and 20 feet of full height curb is required between driveways within any one property frontage, in accordance with Ord. No. 461, Standard No. 207. EXCEPT AS ALLOWED BY ORDINANCE NO. 348, THERE SHALL BE NO ENCROACHMENT INTO THE SETBACK. 10. Design Guidelines. The project shall conform to Exhibit M and shall be supplemented with the Countywide Design Standards and Guidelines adopted January 13, 2004. Where there is a conflict, the more stringent shall apply. 11. Minor Plot Plans Required. For each of the below listed items, a minor plot plan application shall be submitted and approved by the Community Development Department pursuant to Section 18.30.a. (1) of County Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department) along with the current fee. 1) Final Site Development Plan for each phase of development. 7 2) Model Home Complex Plan shall be filed and approved for each phase if models change between phases. A final site of development plot plan must be approved prior to approval, or concurrent with a Model Home Complex Plan. 3) Landscaping Plan for typical front yard/slopes/open space/parks. These three plans may be applied for separately for the whole tract or for phases. 4) Landscaping plans fully within the road right-of-way shall be submitted to the Engineering Department only. 5) Each phase shall have a separate wall and fencing plan. 6) Entry monument plan. NOTE: The requirements of the above plot plans may be accomplished as one, or, any combination of multiple plot plans required by these conditions of approval. However, each requirement shall be cleared individually with the applicable plot plan condition of approval in the prior to Building Permit issuance conditions. 12. Air Quality – Short Term The following measures will be implemented during site preparation and grading: a. The applicant shall require that the grading contractor utilize diesel powered equipment that is equipped with a cooled exhaust gas recirculation system. The following measures will be implemented to control short-term construction emissions: a. The applicant shall require that the construction contractor limit the application of architectural coatings to 225 gallons per week and/or use zero volatile organic compound (VOC) paint. b. The applicant shall require that the construction contractor utilize diesel- powered equipment equipped with a cooled exhaust gas recirculation system. 13. Geotechnical Report. Development of the proposed project shall conform to the Geotechnical recommendations outlined in the Geotechnical Investigation Report prepared by Geo-Environmental, Inc., dated August 8, 2005. 14. No Off-Road Uses Allowed. Trail bikes, dune buggies, off-road vehicles and other similar powered apparatus shall not be operated for purposes such as, but not limited to, hill climbing, trail riding, scrambling, racing and riding exhibitions. 15. 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 8 construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 16. Park Improvement Notification. Adequate notification shall be provided to any home builder or any other buyer of individual phases of the TENTATIVE MAP that certain open space and/or parks are required to be constructed or improved with the construction of each phase per the conditions of this project. FEES 17. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 13-320 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. ARCHEOLOGY/PALEONTOLOGY 18. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Property Owner. 19. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. 9 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.” 20. 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. 10 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 21. 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. 22. 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). 23. 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. 24. Landscape Maintenance. The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of a property owner’s association, or any other successor-in-interest. Prior to Phasing 11 25. 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. 26. Lot Access/Unit Plans. Any division into units or phasing of the TENTATIVE MAP shall provide for adequate vehicular access to all lots in each unit or phase, and shall substantially conform to the intent and purpose of the land division approval. No approval for any number of units or phases is given by this TENTATIVE MAP and its conditions of approval, except as provided by Section 8.3 (Division into Units) of Ordinance No. 460. Prior to Final Map 27. 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. 28. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 29. Surveyor Checklist. The City Engineering Department - Survey Division shall review any FINAL MAP and ensure compliance with the following: A. All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. B. All lots on the FINAL MAP shall have a minimum lot size of 5,500 square feet net. C. All lot sizes and dimensions on the FINAL MAP shall be in conformance with the development standards of the R-4 zone, and with the City’s General Plan. 12 D. All lots on the FINAL MAP shall comply with the length to width ratios, as established by Section 3.8.C. of County Ordinance No. 460. E. All knuckle or cul-de-sac lots shall have a minimum of 35 feet of frontage measured at the front lot line. F. The common open space areas shall be shown as numbered lots on the FINAL MAP. 30. 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 ___. 31. 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.” 32. ECS Perris Airport Noise. The following Environmental Constraints Note shall be placed on the ECS: "This land division may be affected by aircraft noise from the Perris Valley Airport operations" 33. 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. Where HOA maintained areas abut areas proposed for CFD maintenance, show a mow curb to delineate the areas. The exhibit shall be reviewed and approved by the Community Development Department and Public Works and Engineering Department. 34. 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 13 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. 35. 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: 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 14 area', more particularly described on Exhibit 'A' attached hereto. The decision to require activation of the property owners' association and the decision to require that the association unconditionally accept title to the 'common area' shall be at the sole discretion of the City In the event that the 'common area', or any part thereof, is conveyed to the property owners' association, the association, thereafter, shall own such 'common area', shall manage and continuously maintain such 'common area', and shall not sell or transfer such 'common area' or any part thereof, absent the prior written consent of the Community Development Director of the City or the City's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This declaration shall not be terminated, 'substantially' amended, or property de-annexed therefrom absent the prior written consent of the Community Development Director of the City of Menifee or the City's successor-in-interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' established pursuant to this Declaration. In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." Once approved by the City Attorney, the declaration of covenants, conditions and restrictions shall be recorded by the Community Development Department with one copy retained for the case file, and one copy provided to the City Engineering Department - Survey Division. 36. 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. 15 (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 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.” 16 (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: - Where improper disposal of trash has occurred, the property owners' association shall take corrective action within forty-eight hours of discovery (BMP N5). - The street(s) and parking lot(s), more particularly described on the subdivision map, shall be swept by the property owners' association at least once a year and shall be swept no later than October 15th of each year (BMP N6). (e) The City shall be named as a third party beneficiary in the CC&Rs. (f) Once approved, the copy and the original declaration of CC&Rs shall be forwarded 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. (g) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of CC&Rs is incorporated therein by reference; and (h) A deposit equaling three hours of the current hourly fee for the review of the CC&Rs established pursuant to the City’s fee schedule at the time the above referenced documents are submitted to the City Attorney for review and approval. FEES 17 37. 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 38. Grading Plan Review. The Community Development Department shall review the grading plan for consistency with the approved tentative map and the conditions of approval for the tentative map. 39. Stephens’ Kangaroo Rat (SKR) Fees. PRIOR TO THE ISSAUNCE OF GRADING PERMITS, whichever comes first, the applicant shall comply with the provisions of Riverside County Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Riverside County Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 33.75 acres (gross) in accordance with TENTATIVE MAP NO. 34037. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Riverside County Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 40. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside 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 the site is not precise graded within than six (6) months of the rough and/or mass grading of the site, or if construction and/or disturbance of the site is 18 suspended for a period of six (6) months or more, a new survey shall be required. 41. 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. 42. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a ten (10) percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as fifty percent (50%). b. Water active grading/excavation sites and unpaved surfaces at least three (3) times daily; c. All paved roads, parking and staging areas must be watered at least once every two (2) hours of active operations; d. Site access points must be swept/washed within thirty (30) minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed twenty-five (25) mph; 19 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. Prior to Issuance of Building Permit 43. 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. Said plans shall be in conformance with the approved DESIGN GUIDELINES. 44. 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. 45. Utilities Underground. All utility extensions within a lot shall be placed underground. 20 46. 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. 47. Conform to Final Site of Development Plan. The building plans shall be consistent with the approved elevations of the final site of development plans. The building plans shall be reviewed for consistency with the final site of development plans prior to Building Permit issuance. MINOR PLANS REQUIRED 48. Landscaping Plans. The land divider/permit holder shall file three (3) sets of a Landscaping and Irrigation Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with City Requirements, Menifee Municipal Code Chapter 15.04 and Chapter 9.86, Ordinance 348 Section 18.12, Sections 19.300 through 19.304., and the TENTATIVE MAP conditions of approval. The plan shall address all areas and conditions of the tract requiring landscaping and irrigation to be installed including, but not limited to,(slope planting, common area and/or park landscaping within Open Space Lots and individual front yard landscaping. Emphasis shall be placed on using plant species that are drought tolerant and low water using. Open Space lots requiring landscaping include Lot K, L M and N. The plans shall provide for the following: 1) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems are encouraged. 2) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Community Development Department. Utilities shall be placed underground. 3) Any required landscape screening shall be designed to be opaque up to a minimum height of fifteen (15) feet within two years of planting. Screening trees shall be spaced appropriately to provide adequate screening. 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. 21 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) Front yard typical landscaping plans shall provide a minimum of one (1) xeriscape option for home buyers. 10) All specimen trees and significant rock outcroppings on the subject property intended for retention shall be shown on the project's grading plans. Replacement trees for those to be removed shall also be shown. 11) All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked. 12) 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. 13) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where possible. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. 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. 49. Entry Monument Plans. The land divider/permit holder shall file three (3) sets of an Entry Monument plot plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form 22 of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval. The plot plan shall contain the following elements: 1) A color rendering of a frontal view of all/the entry monument(s) with landscaping. 2) A plot plan of the entry monuments with landscaping drawn to an engineer's scale. If lighting is planned, the location of lights, their intended direction, and proposed power shall be indicated. 3) An irrigation plan for the entry monument(s). 4) The entry monument shall be in substantial conformance to the design guidelines and approved design manual. 5) The primary entry monument shall be located on "Street A" and Byers Street or “Street B” and Wheat Street. NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by the conditions of approval for this subdivision. However, this ENTRY MONUMENT condition of approval shall be cleared individually. Monuments shall be located out of the right-of-way; otherwise, encroachment permits will be required. 50. Model Home Complex. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The Model Home Complex plot plan shall contain the following elements: 1) An engineer's scaled plan showing the model home lots, lot numbers, tract number, and north arrow. 2) Show front, side and rear yard setbacks. 3) Provide two dimensioned off street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. 4) Show detailed fencing plan including height and location. 5) Show typical model tour sign locations and elevation. 23 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. 8) Model Home Complex landscaping plans shall provide a minimum of one (1) xeriscape option for home buyers. NOTES: The Model Home Complex plot plan shall not be approved without Final Site Development Plan approval, or concurrent approval of both. See the Community Development Department Model Home Complex application for detailed requirements. The requirements of this plot plan may be incorporated with any minor plot plan required by the subdivision's conditions of approval. However, this MODEL HOME COMPLEX condition of approval shall be cleared individually. The applicant will be required to enter into a model home complex agreement with the City of Menifee. The agreement stipulates terms for removal of the complex. The model home complex plan shall be approved prior to issuance of a Building Permit. 51. Final Site of Development Plan. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. Subdivision development shall conform to the approved plot plan and shall conform to the Design Manual and Countywide Design Guidelines. The plot plan shall be approved by the Community Development Director prior to issuance of Building Permits for lots included within that plot plan. The plot plan shall contain the following elements: 1) A final site plan (40' scale precise grading plan) showing all lots, building footprints, setbacks, mechanical equipment and model assignments on individual lots. 2) Each model floor plan and elevations (all sides). 3) Three (3) sets of photographic or color laser prints (8" x 10") of the sample board and colored elevations shall be submitted for permanent filing and 24 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. 4) Homes and garages shall be placed at varying distances from the street and have varying entry locations. 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) Three Hundred and Sixty degree (4 sided) architecture is required for all proposed dwellings. 8) SINGLE STORY DWELLINGS SHALL BE PLOTED ON LOTS 29-39, 71, 72, 88-92. 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. 52. 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 and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with the Design Guidelines 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. 25 D. Side yard gates are required on one side of front yard, and shall be constructed of wrought iron, wood, vinyl or tubular steel. Side and rear yard fencing shall be masonry, slump stone or other material of similar appearance, maintenance, and structural durability. Chain link fencing is not permitted. All construction must be of good quality and sufficient durability with an approved stain and/or sealant to minimize water staining. (Applicants shall provide specifications that shall be approved by the Planning Department). E. All new residences constructed on lots of less than 20,000 square feet shall include rear and side yard fencing constructed of masonry block that is a minimum of five (5) feet in height. The maximum height of walls or fencing shall be six (6) feet in height. In the desert areas, block walls are discouraged on the perimeter in favor of increased setbacks with extensive drought tolerant landscaping, berms and fencing such as split rails. F. Except for the desert areas, all lots having rear and/or side yards facing local streets or otherwise open to public view shall have fences or walls constructed of decorative block, G. Corner lots shall be constructed with wrap-around decorative block wall returns. (Note: exceptions for the desert area discussed above.) H. Side yard gates are required on one side of the home and shall be constructed of powder-coated wrought iron or tubular steel. I. Wrought iron or tubular steel fence sections may be included within tracts where view opportunities and/or terrain warrant its use. Where privacy of views is not an issue, tubular steel or wrought iron sections should be constructed in perimeter walls in order to take advantage of casual view opportunities. J. The Water Quality Basin shall incorporate a combination block and wrought iron along Byers Street and Street "I". K. Perimeter walls shall be 6 feet high slump block walls and shall incorporate pilasters with a decorative cap at property lines of lots "J", 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33. L. All stand-alone retaining walls shall be constructed of decorative block where open to public view or visible to home owner and include a masonry cap (rolled mortar is not acceptable. 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. 53. Public Art. The developer shall sign and enter into a contract with the Riverside Art Museum for the development and installation of an outdoor public art sculpture that will be incorporated in the project's design per the Riverside Art Museum's letter dated July 27, 2006. The sculpture shall be located in the project's park in full public view and shall include a dedication plaque to the residents of the City of Menifee. 26 THE DEVELOPER SHALL CONSULT, AT HIS/HER EXPENSE, WITH THE EXISTING COMMUNITY TO DETERMINE THE TYPE, THEME AND ULTIMATE LOCATION OF THE PUBLIC ART FEATURE. Prior to THE 64TH building permit, the developer shall provide evidence of completion to the Planning Department. LANDSCAPING 54. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation as defined by County Ordinance No. 348. Landscaping and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04 and Chapter 9.86, Riverside County Guide to California Friendly Landscaping, and Ordinance No. 859 (as adopted and any amendments thereto) provided that said ordinance has been amended to address residential tracts. The front yard landscaping must be installed prior to final occupancy release. 55. Performance Securities. Performance securities for common area landscaping, 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. 56. 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 57. 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. 58. Romoland School District. Impacts to the Romoland School District shall be mitigated in accordance with California State law. 59. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 27 60. Quimby Fees. Payment of in-lieu fees and dedication of parkland. The proposed subdivision will fulfill Quimby obligations through the payment of in-lieu fees and dedication of land for credit for onsite parks. Prior to the issuance of a building permit, the City Manager or his/her designee shall determine the amount of Quimby Fees to be paid by the subdivider, if any. Quimby fees shall be paid directly to the city prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. Prior to Final Inspection 61. 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. 62. Fencing and Wall Compliance. Fencing shall be provided throughout the subdivision in accordance with the approved final site development plans and/or walls and fencing plan. 63. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be installed in accordance with the approved entry monument plans. 64. 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. 65. Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 66. Roll Up Garage Doors. All residences shall have automatic roll-up garage doors. 67. Final Planning Inspection. The permittee shall obtain final occupancy sign-off from the Planning Division for each Building Permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, walls and fencing and landscaping. 68. Notification to Surrounding Property Owners The developer shall provide notification to all initial and future purchasers of dwelling units within Lots adjacent to parks (as shown on the tentative map), to advise that there will be a parks nearby and inform them of the potential impacts (possible noise, and that on street parking may be used by people visiting the parks from time to time). LANDSCAPING 69. Soil Management Plan The permittee shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The 28 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?” 70. 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. 71. Landscape Installation. All required landscape planting and irrigation, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 72. 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 73. DIF Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 29 74. 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. 75. 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. 76. Quimby Fees. Evidence of payment of Quimby fees shall be provided to the city prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The amount of Quimby fees paid shall be consistent with the amount determined by the existing Quimby Agreement. Prior to Issuance of Given Building Permit or Occupancy 77. Public Art. Prior to issuance of the 64th building permit in the tract, the public art must be installed in the park site. 78. Open Space Lot K Prior to occupancy of residential lot 28 or 29 as shown on the tentative tract map, or as required by the Engineering Department, whichever occurs first, all landscaping and irrigation within the Open Space Lot adjacent to these lots shall be installed, inspections completed and passed and performance securities posted. 79. Open Space Lot L. Prior to occupancy of residential lots 39, 40, 55 and 56 as shown on the tentative tract map, or prior to the issuance of the 100th building permit, whichever occurs first, all landscaping and irrigation within the Open Space Lot adjacent to these lots shall be installed, inspections completed and passed and performance securities posted. 80. Open Space Lot M. Prior to occupancy of residential lots 71, 72, 88-91 as shown on the tentative tract map, or prior to the issuance of the 100th building permit, whichever occurs first, all landscaping and irrigation within the Open Space Lot adjacent to these lots shall be installed, inspections completed and passed and performance securities posted. 30 81. Open Space Lot N – Park Site. PRIOR TO THE ISSUANCE OF THE 64th building permit within the TR34037 (all phases), the park shall be constructed and open to the public. If the park is HOA maintained, the Community Development Department will verify installation. If the park is CFD maintained, then the installation inspections and verification will be conducted by the Community Services Department. 31 Section III: Public Works/Engineering Conditions of Approval 32 The following are the Public Works Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. GENERAL CONDITIONS: 1. Subdivision Map Act - The developer/property owner shall comply with the State of California Subdivision Map Act. 2. All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required. 3. Plan Check Submittals - Appropriate plan check submittal forms shall be completed and required plan copies, necessary documents, references, fees, deposits, etc. shall be submitted as outlined in the City approved submittal forms. All submittals shall be date stamped by the engineer. All large format plans shall be bulk folded to 9”x12”. A CD of all items shall be submitted with each plan check. A scanned image of all final approved grading and improvement plans shall be provided to the City. ACAD files 2004 or later are required for all final maps upon approval. 4. Plan Submittals and Approvals – A copy of the improvement plans, grading plans, final map, environmental constraint sheet, BMP improvement plans, and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the PW Engineering Department for review. The plans must receive PW approval prior to final map recordation; or issuance of any construction and/or grading permit or issuance of building permits as determined by the PW Director. 5. As-Built Plans – The developer/property owner shall cause the civil engineer of record to submit project base line of work for all layers in Auto CAD DXF format on Compact Disc (CD) to the Public Works Department. If the required files are unavailable, the developer/property owner shall pay a scanning fee to cover the cost of scanning the as-built plans. The timing for submitting the as-built plans shall be as determined by the Public Works Director/City Engineer. 6. 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 7:00 a.m. to 5:00 p.m., Monday through Saturday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.020. Construction on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. 33 (b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. (c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions. (d) A Pre-Construction meeting is mandatory with the City’s Public Works Senior Inspector prior to start of any construction activities for this site. 7. 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, street improvements, street lights, traffic signals, signing and striping, landscaping within right of way or dedicated easements, water quality BMPs, and storm drainage facilities. 8. The required improvements, as reflected in the following conditions, shall be completed or a Performance Security in lieu thereof shall be posted in accordance with City-adopted Riverside County Ordinance No. 460, Article XVII prior to recordation of the final map. The improvements are required based on the following findings: a) The improvements are a necessary prerequisite to the orderly development of the surrounding area. b) The improvements are necessary for the public health and safety. 9. With respect to the conditions of approval for the referenced tentative exhibit, the land divider shall provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with city-adopted Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptablility may require the map to be resubmitted for further consideration. These Ordinances and all conditions of approval are essential parts and a requirement occurring in ONE is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the City Public Works Department. 10. The County of Riverside Transportation Department has reviewed the traffic study submitted for the referenced project. The study has been prepared in accordance with County-approved guidelines. The department generally concur with the findings relative to traffic impacts. The Comprehensive General Plan circulation policies require a minimum of Level of Service 'C', except that level of Service 'D' may be allowed in community 34 development areas at intersections of any combination of secondary highways, major highways, arterials, urban arterials, expressways or state highways and ramp intersections. The study indicates that it is possible to achieve adequate levels of service for the following intersections based on the traffic study assumptions. Ethanac Road at: Goetz Road Wheat Street Byers Road Murrieta Road I-215 Southbound Ramp Terminal I-215 Northbound Ramp Terminal As such, the proposed project is consistent with this General Plan policy. 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. 11. Should the applicant choose to phase any portion of this project, said applicant shall provide off-site access roads to County maintained roads as approved by the Transportation Department. B. GRADING 12. All grading shall conform to the latest adopted edition of the California Building Code, City-adopted Riverside County Ordinance 457, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. These include improvement such as grading, filling, over excavation and re-compaction of base or paving which require a grading permit. 13. City-adopted Riverside County Ordinance 457 requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 14. All necessary measures to control dust shall be implemented by the developer during grading. 15. 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. 16. Minimum drainage grade shall be 1% except on portland cement concrete where 0.35% shall be the minimum. 17. Observe slope setbacks from buildings and property lines per the California Building Code - as amended by City-adopted Ordinance 457. 18. If mass grading is proposed - under a previously approved subdivision, at the same time that application for further subdivision for that parcel is being made, an exception to ordinance 460 section 4.4.b is required. Obtain the exception from the City Planning Manager. 19. Constructing a private road requires a grading permit. 20. Erosion control- landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per the requirements of City-adopted Ordinance 457. 35 21. All grading and drainage shall be designed in accordance with City of Menifee’s conditions of approval regarding this application. If not specifically addressed in their conditions, drainage shall be designed to accommodate 100-year storm flows. Additionally, the Building and Safety Department's conditional approval of this application includes an expectation that the conceptual grading plan reviewed and approved for it complies or can comply with any WQMP (Water Quality Management Plan) required by City of Menifee. 22. Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. 23. Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facility deemed necessary to control or prevent erosion. Additional erosion protection may be required during the rainy season from October 1 to May 31. 24. Plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees as approved by the City’s Landscape Architect and/or Public Works Engineering Department. 25. Finish grade shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one-half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. 26. A slope stability report shall be submitted and approved by the PW-Engineering Department for all proposed cut or fill slopes steeper than 2:1 (horizontal:vertical) or over 30 feet in vertical height - unless addressed in a previously City approved report. 27. In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the Building and Safety department. If an Environmental Assessment, prior to issuing a grading permit, did not previously approve either location, a Grading Environmental Assessment shall be submitted to the City’s Community Development Director for review and comment and to the Building and Safety Department for approval. Additionally, if the movement of import/export occurs using city and county roads, review and approval of the haul routes by the City Public Works and County Transportation Department respectively will be required. 28. 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. 36 29. Dust Control - During actual grading, all necessary measures to control dust shall be implemented by the developer/property owner in accordance with Air Quality Management District (AQMD) requirements. A watering device shall be present and in use at the project site during all grading operations. Prior to Final Map Recordation 30. Offsite Grading Easements - Prior to final map recordation, or issuance of a grading permit or building permit, whichever occurs first or as determined by the PW Director, the developer/property owner shall obtain all required easements and/or permissions necessary to perform offsite grading, if any, from affected land owners. A notarized and recorded agreement or documents shall be submitted to the Public Works Engineering Department. Prior to Issuance of Grading Permit 31. Geotechnical and Soils Reports Requirement – Current or updated geotechnical soils report is required in order to obtain a grading permit. The report shall be submitted to the PW – Engineering Department for review and approval prior to issuance of a grading permit. A copy of the preliminary soils report that includes pavement investigation addressing construction requirements within public ROW shall be submitted prior to map recordation. All grading shall be in conformance with the recommendations of the geotechnical/soils reports and as approved by PW Director. The geotechnical/soils, compaction and inspection reports will be reviewed in accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS. Technical reports previously submitted and approved by the Riverside County shall be updated and submitted to the City of Menifee PW Engineering Department for review and approval prior to issuance of a grading permit. If no technical report has been previously submitted, a new report shall be submitted for review and approval by the PW Engineering Department. 32. Grading Permit for Clearing and Grubbing – A grading permit is required from the PW-Engineering Department prior to any clearing, grubbing, or any top-soil disturbances related to construction grading activities. 33. 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 per City adopted Riverside County Ordinance 457. Drip irrigation shall be used for all irrigated slopes. 34. 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 per City adopted Riverside County Ordinance 457. 35. Temporary Erosion Control Measures - shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to PW Engineering for review and approval. 37 36. Compliance with NPDES General Construction Permit – The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resource Control Board (SWRCB). Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans. For additional information on how to obtain a GCP, contact the SWRCB. 37. SWPPP - Prior to approval of the grading plans, the developer/property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer/property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. 38. 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. 39. Grading Bonds – Prior to commencing any grading of 50 or more cubic yards of dirt, the applicant shall obtain a grading permit from the PW-Engineering Department. Furthermore, prior to the issuance of the grading permit for grading involving more than 199 cubic yards of dirt, the developer/property owner shall post adequate performance grading security with the Public Works Engineering Department. 40. If the tract is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows. 41. A copy of the project specific WQMP shall be submitted to the City for review and approval. Prior to Issuance of Building Permit 42. 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. 43. Final Rough Grading Conditions – Prior to issuance of each building permit, the developer/property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction, 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. 44. 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 38 approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. 45. Tract 34037 is located within the limits of the Homeland/Romoland Line A Sub- Watershed Area Drainage Plan for which drainage fees have been adopted. Drainage fees shall be paid with cashier's check or money order only to the District at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the land owner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular Area Drainage Plan at the time of issuance of the grading permits or issuance of the building permits if grading permits are not issued. 46. Garage door setbacks for all residential zones shall be 20 feet for roll up doors, measured from the street right-of-way to the face of garage. If conventional swing out doors are used, an additional 4 feet will be required. Side entry garages shall comply with minimum building setback requirements. Prior to Issuance of Certificate of Occupancy 47. 4:1 Manufactured Slopes - Plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees or as approved by the PW Engineering Department. All manufactured slopes exceeding 3 feet shall have some type of drainage swale at the toe of the slope to collect any runoff. 48. Finish grade shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one-half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. 49. Final Grade Certification – 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 each building for which a certificate of occupancy is requested. The certification shall be submitted to the Public Works Engineering Department for verification and acceptance. 50. Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. C. DRAINAGE 51. Tract 34037 is a proposal to subdivide 33.75 acres into single-family residential lots with a neighborhood park and a water quality basin in the Romoland area. The project site is located north of McLaughlin Road, south of Ethanac Road, east of Wheat Street and west of Byers Street. The site is subject to sheet flows from the south. These sheet flows are proposed to be collected and conveyed in storm drains by both the exhibit and a hydrology study "Romoland Master Drainage Plan Supplement for Lines A-14, A-14A, A-14C 39 and A-15" dated September 2005. The hydrology study was submitted to the District to support a proposed drainage plan for Tracts 25316 and 32228. The study is currently in the plan check process and requires letters of permission for the offsite right of way required to construct the storm drain outfalls. If the District approves the study and receives the necessary documentation, Line A-14A and Line A-14C shall be constructed. Otherwise, the developer will be conditioned to build the drainage infrastructure proposed by the most current Romoland/Homeland Master Drainage Plan to the San Jacinto River. The exhibit proposes terrace/interceptor drains to protect the back of lots on the south side of the property from minor offsite flows not collected by Tract 25316. It should be noted that the development of this site will have impacts to water quality. A revised preliminary Water Quality Management Plan (WQMP) for TR 34037 was submitted to the District on July 21st 2006. An extended detention basin is proposed to mitigate water quality impacts. This site is located within the bounds of the Homeland/Romoland Line A Sub-Watershed Area Drainage Plan (ADP) for which drainage fees have been established by the County of Riverside Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to permits for this project. Although the current fee for this ADP is $12,636 per acre, the fee due will be based on the fee in effect at the time of payment. The fee is payable to the Riverside County Flood Control District by cashier's check or money order only. The District will not accept personal or company checks. 52. Sheet flows are proposed to be collected and conveyed in storm drains by both the exhibit and a hydrology study "Romoland Master Drainage Plan Supplement for Lines A-14, A-14A, A-14C and A-15" dated September 2005. The hydrology study was submitted to the Riverside County Flood Control District to support a proposed drainage plan for Tracts 25316 and 32228. The study is currently in the plan check process and requires letters of permission to inundate downstream property owners. If the District approves the study and receives the necessary documentation, Line A-14A and Line A-14C shall be constructed. Otherwise, the developer will be conditioned to build the drainage infrastructure proposed by the most current Romoland/Homeland Master Drainage Plan to the San Jacinto River. The City of Menifee and/or the District will not allow the issuance of grading permits nor allow recordation of the final map until the plans for storm drains have been approved, bonds have been posted, and the offsite right-of-way acquired. Alternatively, if a Community Facilities District (CFD) is formed to construct the facilities listed above, then map recordation and grading permits will be allowed when the construction contracts for these facilities are awarded. Occupancy will not be granted for any unit until all downstream facilities are functional. The developer shall be responsible for the maintenance of these facilities until their maintenance is transferred to either the District or the Community Facilities District. A separate means of mitigating for increased runoff would not be necessary for onsite flows that drain to Line A given that said facility is considered to be an adequate outlet. 40 53. 10 Year Curb/100 Year ROW - The 10-year storm flow shall be contained within the curb and the 100-year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 54. 100 Year Sump Outlet - Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 55. Perpetuate Drainage Patterns (Easement) - The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the Riverside County Flood Control District for review. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. 56. Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the Riverside County Flood Control District for review. 57. The subdivider shall record sufficient documentation to advise purchasers of any lot within the subdivision that the owners of individual lots are responsible for the maintenance of the drainage facility within the drainage easements shown on the final map. 58. The City PW Engineering Department may make additional recommendations as each development proposal is submitted. The City may coordinate with, or seek the assistance of the District in reviewing each proposal to ensure consistency with applicable City and District standards and policies regarding overall drainage design. 59. Prior to initiation of the final construction drawings for those facilities required to be built as part of the Homeland/Romoland Area Drainage Plan, the developer shall contact the Riverside County Flood Control and Water Conservation District to ascertain the terms and conditions of design, construction, inspection, transfer of rights of way, project credit in lieu of charges and reimbursement schedules which may apply. The developer shall note that if the estimated cost for required Area Drainage Plan facilities exceeds the required mitigation charges and the developer wishes to receive credit for reimbursement in excess of his charges, the facilities will be constructed as a public works contract. Scheduling for construction of these facilities will be at the discretion of the Riverside County Flood Control District. 60. Major flood control facilities are being proposed. These shall be designed and constructed to District standards including those related to alignment and access to both inlets and outlets. The applicant shall consult the Riverside County Flood 41 Control District early in the design process regarding materials, hydraulic design, and transfer of rights of way. 61. The criteria for maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular channel. Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. 62. Drainage Grade - Minimum drainage grade shall be 1% except on Portland cement concrete where 0.35% 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. 63. Observe slope setbacks from buildings and property lines per the California Building Code - as amended by city-adopted Ordinance 457. 64. Owner Maintenance Notice - The developer/property owner shall record sufficient documentation to advise purchasers of any lot within the subdivision that the owners of individual lots are responsible for the maintenance of the drainage facility within the drainage easements shown on the final map. 65. BMP – Energy Dissipators - Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet. 66. Trash Racks - Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 67. The developer/property owner shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the PW-Engineering Department. 68. The developer/property owner 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, applicable provisions of the City adopted County 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. Prior to Issuance of Grading Permit 69. Perpetual Drainage Patterns - Grading shall be designed in a manner that perpetuates the existing natural drainage patterns and conditions with respect to tributary drainage areas and outlet points. Where these conditions are not preserved, necessary drainage easements shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. 42 Prior to issuance of a grading permit, a copy of the recorded drainage easements from all affected property owners shall be submitted to the Public Works Engineering Department. 70. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100-year storm flows in accordance with the Riverside County Flood Control & Water District's letter regarding this application, and as approved by the City of Menifee. 71. PM 33472 is located within the limits of the Homeland/Romoland Area Drainage Plan for which drainage fees have been adopted. Drainage fees shall be paid with cashier's check or money order only to the District at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the land owner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular Area Drainage Plan at the time of issuance of the grading permits or issuance of the building permits if grading permits are not issued. Prior to Recordation of Final Map 72. Map Offsite Easement - Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the District prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 73. Map Onsite Easement – Onsite drainage facilities located outside of road right of way shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". 74. Written permission shall be obtained from the affected property owners allowing the proposed grading and/or facilities to be installed outside of the tract boundaries. A copy of the written authorization shall be submitted to the City for review and approval. 75. Any easement not owned by a public utility, public entity or subsidiary, not relocated or eliminated prior to final map approval, shall be delineated on the final map in addition to having the name of the easement holder, and the nature of their interests, shown on the map. NOTE: No access easements shall be provided at end of cul-de-sac of Street "B". 76. Lot access shall be restricted on Byers Street and so noted on the final map. 77. 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 Engineer. 78. The project proponent shall comply in accordance with landscaping requirements within public road rights-of-way, in accordance with City-adopted Ordinance 461. 43 Landscaping shall be installed within Byers Street and Street "A". Landscaping plans shall be submitted on standard County Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. If landscaping maintenance to be annexed to City’s Capital Facilities District, or Landscaping and Lighting Maintenance District, landscaping plans shall depict ONLY such landscaping, irrigation and related facilities as are to be placed within the public road rights-of-way. 79. The developer/owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of-way. 80. All centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50' tangent, measured from flowline/curbface or as approved by the City Engineer. 81. The landowner/developer shall provide/acquire sufficient public off-site rights-of- way to provide for two paved access roads to a paved and maintained road. Said access roads shall be constructed in accordance with City-adopted County Standard No. 106, Section B (32'/60') at a grade and alignment as approved by the Public Works Engineering Department. Should the applicant fail to provide/acquire said off-site right-of-way, the map shall be returned for redesign. The applicant shall provide the appropriate environmental clearances for said off-site improvements prior to recordation or the signature of any street improvement plans. Said off-site access road shall be the northerly extension of Byers Street to Ethanac Street. Said off-site access road shall be the northerly extension of Wheat Street to Ethanac Road. 82. The project proponent shall contact the City Public Works Engineering Department to file an application for annexation or inclusion into Community Service Areas (CSA) for street sweeping; or enter into a similar mechanism as approved by the Public Works Engineering Department. 83. STREET LIGHT PLAN. A separate street light plan is required for this project. Street lighting shall be designed in accordance with City of Menifee Standard Plans and Specifications. For projects within SCE boundaries use County of Riverside Ordinance 461, Standard No's 1000 or 1001. For projects within Imperial Irrigation District (IID) use IID's pole standard. 84. STREET LIGHTS-CSA and L&LMD. The property owner shall verify whether the development is already within an existing CSA or L&LMD 89-1C for the maintenance of public streetlights. If not currently within an existing CSA or L&LMD 89-1C, annexation into the Citywide CFD 2015-2 shall be completed. 85. ONSITE and OFFSITE PUBLIC STREET LIGHTS OWNERSHIP AND MAINTENANCE. All proposed public street lights shall be designed in accordance with City approved standards and specifications, as determined and approved by the PW Director. Unless determined otherwise by the PW Director/City Engineer, the City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and therefore shall be provided with adequate 44 service points for power. The design shall be incorporated in the project’s street improvement plans or in a separate street light plan or as determined and approved by the PW Director. 86. PUBLIC STREETLIGHTS SERVICE POINT ADDRESSING. The developer shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to public street light service points. These service points shall also be owned by the City and shall be located within the public right of way or within duly dedicated public easements. 87. The project proponent shall contact the City Public Works Engineering Department whether the development is within an existing CSA or will require annexation into the CSA. If the project is not in the CSA, the project proponent shall contact the PW Engineering Department and submit the following: 1. Completed PW Engineering Department application 2. Appropriate fees for annexation. 3. (2) Sets of street lighting plans approved by PW Engineering Department. 4. "Streetlight Authorization" form from SCE, IID or other electric provider. 88. Landscaping within public road rights-of-way shall comply with City PW Engineering Department standards and require approval by the Department. Assurance of continuing maintenance is required by filing an application for annexation into a City Community Service Area, Landscaping and Lighting Maintenance District NO. 89-1-Consolidated and/or Assessment District. 89. Prior to the recordation of the final map, or any phase thereof, the project proponent shall pay fees in accordance with Zone "F" of the Menifee Road and Bridge Benefit District. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the County, deferring said payment to the time of issuance of a building permit. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit. 90. Should this project lie within any assessment/benefit district, the applicant shall, prior to recordation, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district. 91. All corner cutbacks shall be applied per City-adopted Standard 805, Ordinance 461, except for corners at Entry streets intersecting with General Plan roads, they shall be applied per Exhibit 'C' of the Countywide Design Guidelines. 92. The intersection of Ethanac Road (EW) at Byers Street (NS) shall be improved to provide the following geometrics: Northbound: One shared left-turn/through/right-turn lane Southbound: N/A No southbound approach Eastbound: One shared through/right-turn lane Westbound: One through lane and one left turn pocket 45 The intersection of Ethanac Road (EW) at Wheat Street (NS) shall be improved to provide the following geometrics: Northbound: One shared left-turn/through/right-turn lane Southbound: N/A No southbound approach Eastbound: One shared through/right-turn lane Westbound: One through lane and one left turn pocket The intersection of Ethanac Road (EW) at Murrieta Road (NS) shall be improved to provide the following minimum geometrics: Northbound: One left-turn lane and one shared through/right-turn lane Southbound: One left-turn lane and one shared through/right-turn lane Eastbound: One left-turn lane and one through lane Westbound: One left-turn lane and one through lane or as approved by the City Public Works Department. Any off-site widening required to provide these geometrics shall be the responsibility of the landowner/developer. 93. Interior streets shall be improved within the dedicated right-of-way in accordance with County Standard No. 105, Section A. (36'/56') Street "A" (entry street) shall be improved within the dedicated right-of-way in accordance with County Standard No. 103, Section A. Modified. (9'/6'/20'/10'/20'/6'/9') Streets "B", "C", "H", and "G" adjacent to lot "M" shall be improved within the dedicated right-of-way in accordance with County Draft Standard No. 104, Section A. (44'/66') Byers Road shall be improved within the dedicated right-of-way in accordance with County Standard No. 94 (32'/50') 94. Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Public Works Department. Completion of road improvements does not imply acceptance for maintenance by City. 95. Wheat Street shall be improved with 32 feet of asphalt concrete pavement within a 45' part-width dedicated right-of-way in accordance with County Standard No. 105, Section C. (20'/30') 96. The off-site rights-of-way required for said access road(s) shall be accepted to vest title in the name of the public if not already accepted. 97. Drainage Facilities for Ownership and Maintenance by the Flood Control District - Some proposed large drainage facilities maybe requested for ownership and maintenance by the Flood Control District. For such drainage facilities, applicable District standards and guidelines shall be complied with; including conditions of approval required for said drainage facilities. Prior to recordation of the final map for a phase served by the requested drainage facilities, the developer/property owner shall enter into a three party cooperative agreement with the City and Flood Control. Both the Riverside 46 County Board of Supervisors and the City of Menifee City Council shall approve the agreement. 98. Acceptance of Storm Drain Facilities by the Riverside County Flood Control District - Inspection and maintenance of all proposed public storm drain system to be constructed with this tract shall be performed by either the City of Menifee or the Flood Control District. For facilities proposed to be owned and maintained by the District, the developer/property owner shall request the District in writing, through the City of Menifee PW Engineering Department. The request must also be approved by the City of Menifee. The request shall note the project number, location, briefly describe the system (sizes and lengths) and include an exhibit that shows the proposed alignment. The request to the District shall be addressed to Warren D. Williams, General Manager-Chief Engineer, and sent through the City of Menifee, PW Engineering Department If the District is willing to maintain any proposed drainage system, the following items must be accomplished prior to recordation of the final map; or at the start of construction of the drainage facility, and as determined by the PW Director : The developer/property owner shall 1) shall submit preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the District and secure that right of way to the satisfaction of the District; 2) enter into a cooperative agreement with the City and the District that establishes the terms and conditions of the inspection, operation and maintenance of proposed drainage facilities; and 3) have the drainage facility plans signed by the District's General Manager-Chief Engineer. Note that plans cannot be signed prior to full execution of the agreement. An application to draw up a cooperative agreement shall be submitted to the attention of Mark Wills, or current Flood Control Manager having oversight for such request. All right of way transfer issues must be coordinated with the District's Right of Way Section. The developer/property owner shall submit proof of flood control facility bonds and agreement, and a certificate of insurance to the City of Menifee PW Engineering Department before a pre-construction meeting can be scheduled for drainage facilities proposed to be maintained by the District. 99. A copy of the environmental constraint sheet and the final map shall be submitted to the City for review and approval. All submittals shall be date stamped by the engineer and include the appropriate plan check fee. 100. A note shall be placed on the environmental constraint sheet stating: "All new buildings shall be floodproofed by elevating the finished floor a minimum of 18 inches above the highest adjacent ground. All mobile homes/premanufactured buildings shall be placed on permanent foundations." 101. ADP Fees - A notice of drainage fees shall be placed on the environmental constraint sheet and final map. The exact wording of the note shall be as follows: NOTICE OF DRAINAGE FEES Notice is hereby given that this property is located in the Homeland/Romoland Area Drainage Plan which was adopted by the Board of Supervisors of the County of Riverside pursuant to Section 10.25 of Ordinance 460 and Section 66483, et seq, of the Government Code and that said property is subject to fees for said drainage area. 47 Notice is further given that, pursuant to Section 10.25 of Ordinance 460, payment of the drainage fees shall be paid with cashier's check or money order only to the Riverside County Flood Control and Water Conservation District at the time of issuance of the grading or building permit for said parcels, whichever occurs first, and that the owner of each parcel, at the time of issuance of either the grading or building permit, shall pay the fee required at the rate in effect at the time of issuance of the actual permit. Prior to Issuance of Certificate of Occupancy 102. Finish Grade - shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one-half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. D. STREET IMPROVEMENTS AND DEDICATIONS 103. Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, City adopted Riverside County Ordinance 461, and all other relevant laws, rules and regulations governing street construction in the City. 104. It is understood that the tentative final map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. 105. Paving or Paving Repairs – The applicant shall be responsible for obtaining the paving inspections required by Ordinance 461. 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. 106. 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. 107. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the Riverside County Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department. 108. Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461, or as approved by the Public Works Director/City Engineer. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage, within the project boundaries, and between the nearest poles offsite in each direction of the project site. The timing for the completion of the undergrounding shall be determined by the PW Director. A certificate should be obtained from pertinent utility company and submitted to the PW-Engineering Department as proof of completion. 48 Prior to Recordation of Final map 109. Improvement Plans - Improvement plans for required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the PW-Engineering Department. Completion of road improvements does not imply acceptance for maintenance by City. 110. BIKE LANES. The following streets shall be improved to include bike lanes per the 2015 Parks, Trails, Open Space and Recreation Master Plan:  Class III Bike lane on the west side of Byers Road fronting the development The lanes shall be striped with acceptable transitions beyond project boundary limits as approved by the PW Traffic Engineer. 111. Street Names - The developer/property owner shall submit and obtain approval for a plan for the establishment of street names in accordance with applicable City Standard as directed by the PW-Engineering Department. 112. Corner Cut-back - All corner cutbacks shall be applied per City Standard or County Standard 805 as determined by the PW Director, and City adopted Ordinance 461, except for corners at Entry streets intersecting with General Plan roads. In this case, they shall be applied per City Standard or as determined by the PW Director. 113. Intersection – 50’ Tangent - All street centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50' tangent, measured from flowline/curbface or as approved by the PW Director/City Engineer. 114. Acceptance of Public Roadway Dedication and Improvements – Easements and right-of way for public roadways shall be dedicated to the City of Menifee through the final map, or other acceptable recordable instrument. 115. Should this project lie within any assessment/benefit district, the applicant shall, prior to recordation, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district. Prior to Issuance of Construction Permit/Encroachment Permit 116. 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. 117. Construction Traffic Control Plan - Prior to start of any project related construction, the developer/property owner may be required to submit to the Public Works Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right of way during construction. The plan shall specify the following mitigation measures to address the following: 49 a. Dust and dirt fallout from truck loads and gets entrained onto City roadways: (1) Biweekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP. b. Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets. c. Traffic safety within the road right-of-way: Include temporary traffic control measures and devices. 118. Improvement Bonds – Prior to issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall post acceptable bonds or security to guarantee the construction of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes (See also bond agreement condition under General Conditions). Prior to Issuance of Certificate of Occupancy 119. Driveways and Driveway Approaches – Driveways and Driveway Approaches shall be designed and constructed per City of Menifee Standard Plan No. 208. The modified County of Riverside standard 207A may be used as determined by the Public Works Director/City Engineer. Prior to issuance of Certificate of Occupancy of each parcel, driveway shall be constructed. a) Storm drains and flood control facilities shall be completed according to the improvement plans and as noted elsewhere in these conditions. Written confirmation of acceptance for use by the Flood Control District, if applicable, is required. b) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required. c) Sewage disposal system shall be designed and installed in accordance with the requirements and standards of the County of Riverside, Department of Environmental Health. 120. Install streetlights along the streets associated with development in accordance with the approved street lighting plan and standards of County Ordinance 460 and 461. For projects within Imperial Irrigation District (IID) use (IID's) pole standard. Streetlight annexation into L&LMD or similar mechanism as approved by the Transportation Department shall be completed. 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). E. NPDES and WQMP 121. 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 50 Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 122. In compliance with Santa Ana Region and San Diego Region Regional Water Quality Control Board Orders, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post-development water quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana, Santa Margarita or Whitewater River watersheds). The WQMP provides detailed guidelines and templates to assist the developer in completing the necessary studies. These documents are available on-line at: www.floodcontrol.co.riverside.ca.us under Programs and Services, Stormwater Quality. To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to a) identify potential post-project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post-development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. final Project Specific WQMP must be approved by the City prior to issuance of building or grading permits. Projects requiring Project Specific WQMPs are required to submit a PRELIMINARY Project Specific WQMP along with the land-use application package. The format of the PRELIMINARY report shall mimic the format/template of the final report but can be less detailed. For example, points a, b & c above must be covered, rough calculations supporting sizing must be included, and footprint/locations for the BMPs must be identified on the tentative exhibit. Detailed drawings will not be required. This preliminary project specific WQMP must be approved by the District prior to issuance of recommended conditions of approval. The developer has provided a preliminary WQMP to County of Riverside prior to incorporation. The WQMP requires that an infiltration testing is conducted to support the WQMP. The testing has not been provided at this time. Prior to issuance of a grading permit, a Final WQMP that includes infiltration testing shall be prepared and submitted to City PW Engineering Department for review and approval. The developer has provided a preliminary WQMP to County of Riverside prior to incorporation. The WQMP requires that an infiltration testing is conducted to support the WQMP. The testing has not been provided at this time. Prior to issuance of a grading permit, a Final WQMP, subject to RQWCB Order R8-2002- 011, that includes infiltration testing shall be prepared and submitted to City PW Engineering Department for review and approval. The preliminary WQMP that was submitted to County of Riverside minimally meets 51 the criteria for a preliminary project specific WQMP. The report will need significant revisions to meet the requirements of a final project specific WQMP. Also, it should be noted that if 401 certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. 123. This project proposes BMP facilities that will require maintenance by a public agency or homeowner's association. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the District will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMPs in perpetuity. This may consist of a mechanism to assess individual benefiting property owners, or other means approved by the District. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. Prior to Issuance of Grading Permit 124. NPDES/SWPPP - Prior to approval of grading plans, the applicant shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (SWRCB) in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements. Proof of filing a Notice of Intent (NOI) to construct shall be provided by the developer, and the State issued Waste Discharge ID number (WDID#) shall be shown on the title sheet of the grading plans. The developer/property owner shall prepare and upload a Storm Water Pollution Prevention Plan (SWPPP) into the State’s SMARTS database system. The developer/property owner shall also be responsible for updating the SWPPP to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development. 125. Final Project Specific Water Quality Management Plan (Final WQMP) – Should the project category falls within the criteria of the WQMP Applicability Checklist, prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non- structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: (a) Hydrology/hydraulics report (b) Soils Report that includes soil infiltration capacity (c) Limited Phase II Environmental Site Assessment Report (ESA) Report as maybe required by an approved ESA Phase I. 126. 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 52 approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. 127. REVISING THE FINAL WQMP – In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the PW Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. 128. WQMP Right of Entry and Maintenance Agreement – Prior to, or concurrent with the approval of the FINAL WQMP, the developer/property owner shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to Issuance of Certificate of Occupancy 129. MAP BMP – EDUCATION. The developer shall distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of stormwater quality to all initial residents. The developer may obtain NPDES Public Educational Program materials from the District's NPDES Section by either the District's website www.floodcontrol.co.riverside.ca.us, e-mail fcnpdes@co.riverside.ca.us, or the toll free number 1-800-506-2555. Please provide Project number, number of units and location of development. The developer must provide to the Public Works Engineering Department a notarized affidavit stating that the distribution of educational materials to the tenants is assured prior to the issuance of occupancy permits. If conditioned for a Water Quality Management Report (WQMP), a copy of the notarized affidavit must be placed in the report. The Public Works Engineering MUST also receive the original notarized affidavit with the plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 130. 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 exceeding 80% of the total recorded residential lots within the map or phase within the map prior to the completion of these tasks. 131. 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 53 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. 132. BMP Maintenance & Inspection – If the development is establishing a Homeowners Association (HOA The CC&R's for the development's Homeowners Association (HOA) shall contain inspection provisions for any privately owned treatment control BMPs, and if required, cleaned no later than any major rain event. The CC&R's shall identify the entity that will inspect and maintain all privately owned structural BMP's within the project boundaries. A copy of the CC&R's shall be submitted to the PW Engineering Department for review and approval. 133. The City and/or the Riverside County Flood Control District will not release occupancy permits for any residential lot within the final phase of this map until the downstream master drainage plan facilities are functional. 134. Occupancy releases will not be issued for any lot exceeding 80% of the total recorded residential lots within any map or phase of map prior to completion of the following improvements: a) Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. b) Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All curbs, gutters, sidewalks and driveway approaches shall be installed. c) Storm drains and flood control facilities shall be completed according to the improvement plans and as noted elsewhere in these conditions. Written confirmation of acceptance for use by the and/or Riverside County Flood Control District, if applicable, is required. d) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required. e) Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. f) Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with City-adopted County Ordinance 461. 54 F. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2 135. Prior to City incorporation, this development has been conditioned to annex into the Riverside County Transportation and Land Management Agency (TLMA) Consolidated Landscape and Lighting Maintenance District (L&LMD) 89-1C, and the Riverside County Economic Development Agency’s (EDA) County Service Area (CSA) 152. These entities were to provide maintenance services of certain public facilities that will benefit the proposed development. The City of Menifee has now taken over the administration of these two special districts only for annexed properties within City boundaries. Although the City has now oversight on the assessment of this project under these Districts, annexations into these Districts are no longer considered by both the TLMA and the EDA. The development is proposing construction of certain facilities that will eventually become public, or provision of certain public services. These include maintenance and operation of water quality basins, street sweeping, landscape, streetlights, and graffiti abatement. The City has established a citywide maintenance Community Facilities District (CFD 2015-2) that provide either equivalent or additional services beyond the authorized service limits of the either the L&LMD or the CSA. Prior to Recordation of Final map 136. Annexation to the Citywide Community Facilities District (CFD) 2015-2 - Prior to, or concurrent with the recordation of the final map, the developer/property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services) CFD 2015-2. The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 137. CFD Annexation Agreement - In the event timing for this development’s schedule prevents the developer/property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the recordation of a final map but prior to issuance of a Certificate of Occupancy. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to final map recordation. 138. Assessment Segregation - Should this project lie within any assessment/benefit district, the applicant shall, prior to recordation, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. 139. Landscape Improvement Plans for CFD Maintenance – Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plans and submitted to the PW Engineering Department for review and approval. The plans may be prepared for each map phase or as one plan for the entire development as determined by the PW Director. When necessary as determined by the PW 55 Director, a separate WQMP construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit. 140. Parkway Landscaping Design Standards - The parkway areas behind the street curb within the public’s right-of-way, shall be landscaped and irrigated per City standards and guidelines. 141. CFD Landscape Guidelines and Improvement Plans – All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the PW Engineering Department prior to issuance of a construction permit. 142. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained by the citywide CFD 2015-2 shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. G. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 143. Fees and Deposits – Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. Prior to Issuance of Grading Permit or Building Permit 144. ADP Fees – Tract 34037 is a proposal to subdivide 33.75 acres into single-family residential lots with a neighborhood park and a water quality basin in the Romoland area. The project site is located north of McLaughlin Road, south of Ethanac Road, east of Wheat Street and west of Byers Street. The site is subject to sheet flows from the south. These sheet flows are proposed to be collected and conveyed in storm drains by both the exhibit and a hydrology study "Romoland Master Drainage Plan Supplement for Lines A-14, A-14A, A-14C and A-15" dated September 2005. The hydrology study was submitted to the District to support a proposed drainage plan for Tracts 25316 and 32228. The study is currently in the plan check process and requires letters of permission for the offsite right of way required to construct the storm drain outfalls. If the District approves the study and receives the necessary documentation, Line A-14A and Line A-14C shall be constructed. Otherwise, the developer will be conditioned to build the drainage infrastructure proposed by the most current Romoland/Homeland Master Drainage Plan to the San Jacinto River. The exhibit proposes terrace/interceptor drains to protect the back of lots on the south side of the property from minor offsite flows not collected by Tract 25316. 56 It should be noted that the development of this site will have impacts to water quality. A revised preliminary Water Quality Management Plan (WQMP) for TR 34037 was submitted to the District on July 21st 2006. An extended detention basin is proposed to mitigate water quality impacts. This site is located within the bounds of the Homeland/Romoland Line A Sub-Watershed Area Drainage Plan (ADP) for which drainage fees have been established by the Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to permits for this project. Although the current fee for this ADP is $12,636 per acre, the fee due will be based on the fee in effect at the time of payment. The fee is payable to the Flood Control District by cashier's check or money order only. The District will not accept personal or company checks. Prior to Issuance of Certificate of Occupancy 145. TUMF Fees - Prior to the issuance of an occupancy permit, the developer/property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to adopted City Ordinance governing the TUMF program. 146. Street sweeping annexation or inclusion into CSA or similar mechanism as approved by the Public Works Engineering Department shall be completed. 57 Section IV: Riverside County Fire Department Conditions of Approval 58 General Conditions 82. 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. 83. 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. 84. 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. 85. Hydrant/Spacing. Fire hydrants and fire flow: fire hydrant(s) shall be capable of delivering a fire flow of 500 GPM at 20 PSI for 1 hr. as required by California Fire Code and Riverside County Fire Department standards within 600 feet of all portions of all structures. 86. Address. The address will be clearly visible from public roadway, located no more than 5 feet from access to the parcel. 87. 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 88. 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. 89. ECS - Water System Installed Prior to Bldg. ECS map must be stamped by the Riverside County Surveyor with the following note: The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 90. Secondary Access. In the interest of Public Safety, the project shall provide an Alternate or Secondary Access(s). Said Alternate or Secondary Access(s) shall 59 have concurrence and approval of both the Engineering and Public Works Department and the Riverside County Fire Department. Prior to Issuance of Building Permit 91. 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. 92. Sprinkler System Residential. Residential fire sprinklers are required in all one and two family dwellings per the California Residential code, California Building Code and the California Fire Code. Install Fire Sprinkler Systems per NFPA 13D, 2013 Edition. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. Contact the Fire Department for further information at 951-955-4777. Prior to Final Inspection 93. Sprinkler System Residential. Residential fire sprinklers are required in all one and two family dwellings per the California Residential code, California Building Code and the California Fire Code. Install Fire Sprinkler Systems per NFPA 13D, 2013 Edition. Installation of the fire sprinklers shall be inspected and approved prior to issuance of occupancy. 60 Section V: Riverside County Environmental Health Conditions of Approval 61 General Conditions 94. 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. 95. Retention Basins. Any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisance. Prior to Final Map 96. 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. 97. Financial Arrangements. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 98. 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. 99. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. 62 Section VI: Community Services Department Conditions of Approval 63 General Conditions 100. Park Annexation. All parklands must be annexed into a Communities Facilities District or other acceptable mechanism as determined by the City of Menifee. 101. CFD Maintained Common Area Plans. CFD Maintained Common Area plans must be consistent with the City of Menifee Municipal Code Chapter 9.86 “Park Design, Landscaping and Tree Preservation”, the Park Development Guidelines, Menifee Municipal Code Chapter 15.04 “Landscape Water Use Efficiency Requirements” and Eastern Municipal Water District requirements. Prior to Map Recordation 102. Annexation into Park District. The land divider shall submit written proof to the Community Development Department that the subject property has been annexed to Communities Facilities District or other entity acceptable to the Community Development Director. Prior to Issuance of a Building Permit 103. Quimby Fees. Payment of in-lieu fees and dedication of parkland. The proposed subdivision will fulfill Quimby obligations through the payment of in-lieu fees and dedication of land for credit for onsite parks. Prior to the issuance of a building permit, the City Manager or his/her designee shall determine the amount of Quimby Fees to be paid by the subdivider, if any. Quimby fees shall be paid directly to the city prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. Prior to Final Inspection 104. Quimby Fees. Quimby fees shall be paid directly to the city prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The amount of Quimby fees paid shall be consistent with the amount determined by the City Manager, or their designee, prior to issuance of a building permit. Prior to Issuance of a Given Building Permit 105. Park Plans. Prior to the issuance of the 25th building permit in the tract, the applicant shall submit final park plans to the City of Menifee Engineering and Public Works Department for review and approval. The plan shall be prepared consistent with the park plan requirements detailed in Menifee Municipal Code Chapter 9.86 and Park Design Guidelines, and with Menifee Municipal Code Chapter 15.04 for water efficient landscaping, in addition to the conceptual park plans. 106. Park Construction. The park and amenities located within Lot N shall be installed and open to the public prior to issuance of the 64th building permit within the subdivision. The park and amenities shall be installed per the City approved park plans. The park and amenities will be inspected by City to staff to verify that this has occurred. Failure to comply with any deadline for the development of the