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PC17-365EXHIBIT “1” Conditions of Approval for Tentative Tract Map No. 34406 (-3 and -6) (Planning Application No. 2017-052 and 2017-368) for a Residential Subdivision of 231.89 Gross Acres into 817 Single-Family Residential Lots Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Community Services Department Conditions of Approval Section IV: Public Works and Engineering Conditions of Approval Section V: Riverside County Fire Department Conditions of Approval Section VI: Riverside County Environmental Health Conditions of Approval 2 Section I: Conditions Applicable to all Departments 3 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 34406 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. 34406, Amended No. 2, dated 1/30/08. PRELIMINARY LANDSCAPE PLAN = Tentative Tract Map No. 34406, Exhibit L, dated 1/30/08. APPROVED PHASING PLAN = Tentative Tract Map No. 34406, Exhibit P, dated 1/30/08. 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 a Schedule A subdivision of 231.89 gross acres into 817 residential lots (69 lots with a minimum lot size of 7,200 sq. ft. in PA 14, 113 lots with a minimum lot size of 6,000 sq. ft. in PA 18, 117 lots with a minimum lot size of 6,000 sq. ft. in PA 19, 187 lots with a minimum lot size of 5,000 sq. ft. in PA 20, 116 lots with a minimum lot size of 7200 sq. ft. in PA 24, 215 lots with a minimum lot size of 5,000 sq. ft. in PA 25), 19.71 acres of open space and 15.00 acres for future commercial development. 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 4 and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. The developer understands and agrees to pay such fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. 6. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the County of Riverside Board of Supervisors original approval date, unless extended as provided by County 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. GEO01876. County Geologic Report (GEO) No. 1876, submitted for this project (TR34406), was prepared by GeoSoils, Inc. and is entitled: "Preliminary Geotechnical Evaluation, Tentative Tract 34406, Menifee, Riverside County, California", dated March 6, 2007. In addition GeoSoils, Inc. prepared the following report entitled: "Response to Review Comments by the County of Riverside Planning Department, Tract 34406, Menifee, Riverside County, California" dated August 27, 2007. This additional report is now considered as part of GEO No. 1876. GEO No 1876 concluded: 1. Existing topsoils, weathered Pleistocene-age fan deposits and weathered granitic bedrock on this site are typically porous, loose, subject to settlement and considered unsuitable in their present condition for the support of settlement sensitive structures. These materials should be removed with the remedial removals estimated to range from 3 to 4 feet across the site. 2. Based on site mapping, literature research and aerial photo analysis, it was determined that no known active faults cross or project toward this site. Therefore the potential for this site to be affected by surface fault rupture is considered low. 3. The closest active, Holocene fault to the site is San Jacinto-San Jacinto Valley fault which lies 10.4 miles from the site. A design basis (upper bound) earthquake on this fault would produce peak horizontal ground accelerations on this site of about 0.40g with a 10% probability of exceedance in 50 years. 4. Based on available data, regional groundwater is not anticipated to affect site development. However perched groundwater conditions may develop due to irrigation practices or above average rainfall and proper drainage provisions should be incorporated in the design to minimize the influx of water into the subsurface soils. 5. The potential for this site to be affected by secondary seismic hazards such as seismically induced liquefaction, subsidence, flooding, seiche/tsunami or seismically induced landsliding is considered low. GEO No 1876 recommended: 1. The soils recommended for removal may be re-used as compacted fill soils provided they are cleaned of organics and any other deleterious materials. The removals should expose competent fan deposits or granitic bedrock defined as materials exhibiting in-place dry densities of at least 105 pounds per cubic foot or at least an 85 percent degree of saturation. The approved removal bottoms should be scarified to a depth of 12 inches, brought to at least optimum moisture content and compacted to a minimum relative compaction of 90 7 percent of the laboratory maximum dry density as determined by ASTM Test Method D 1557 prior to placing any fill. 2. Although the site has a low potential for surface fault rupture, it does lie within a seismically active area of southern California and should be expected to experience strong seismic shaking during the lifetime of the proposed development. All structures should be designed in accordance with the latest provisions of the most recent edition of the Uniform Building Code for a site located in UBC Seismic Zone 4, located 10.4 miles from a UBC Type B seismic source and overlying a UBC Type Sb/Sc soil. 3. Preliminary testing indicated that the on-site soils possess a low to very low expansion index, however there are potentially higher expansion soils present at depth that may become incorporated into the proposed fills. Therefore the finished pads should be sampled and tested for expansion potential and mitigation recommendations for expansive soils should be provided at that time based on the results of those tests. GEO No. 1876 satisfies the requirement for a Faulting/Geologic/Seismic Study for Planning /CEQA purposes. GEO No. 1876 is hereby accepted for Planning purposes. This approval is not intended, and should not be misconstrued as approval for grading permit. Engineering and other building code parameters will be reviewed and additional comments and/or conditions may be imposed by the City’s Engineering / Public Works and/or Building and Safety Department upon application for grading and/or building permits. 8. Project Mitigation Monitoring Program. The EIR prepared for the SPECIFIC PLAN imposes specific mitigation measures and monitoring requirements on the project. Certain conditions of the SPECIFIC PLAN and this implementing project constitute reporting/monitoring requirements for certain mitigation measures. 9. Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of County Ordinance No. 460, Schedule A, unless modified by the conditions listed herein. 10. Offsite Signs Municipal Code Section 9.76.160. No offsite subdivision signs advertising this land division/development are permitted, other than those allowed under Municipal Code Section 9.76.160. Violation of this condition of approval may result in no further permits of any type being issued for this subdivision until the unpermitted signage is removed. 11. Residential Design Guidelines. The design standards for the subject parcels are as follows: a. Lots created by this map shall conform to the design standards of the SP (SP301) zone. b. The front yard setback is 15 feet for all Planning Areas. c. The side yard setback is 5 feet for all Planning Areas. d. The street side yard setback is 10 feet for all Planning Areas. 8 e. The rear yard setback is 10 feet for all Planning Areas, 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. f. The minimum average width of each lot is 50 feet for Planning Areas 18, 19, 20, and 25 and is 60 feet for Planning Areas 14 and 24. g. The maximum height of any building is 40 feet. h. The minimum parcel size is 5,000 square feet for Planning Areas 20 and 25, 6,000 square feet for Planning Areas 18 and 19, 7,200 square feet for Planning Areas 14 and 24. i. Residential driveway approaches shall be a minimum of 12 feet and a maximum of 30 feet in width, and 22 feet of full height curb is required between driveways within any one property frontage, in accordance with City of Menifee Public Works Standard No. 206. EXCEPT AS ALLOWED BY ORDINANCE NO. 348, THERE SHALL BE NO ENCROACHMENT INTO THE SETBACK. 12. Specific Plan / Countywide Design Guidelines. The land divider shall comply with the Countywide Design Standards and Guidelines and the design guidelines of the SPECIFIC PLAN. If standards between the two differ, the SPECIFIC PLAN design guidelines shall take precedence. The Design Guidelines can be found at the following web address: http://planning.rctlma.org/DevelopmentProcess/DesignGuidelines.aspx. 13. Required Minor Plot Plans. For each of the below listed items, a minor plot plan application shall be submitted and approved by the Community Development Department pursuant to Section 18.30.a. (1) of County Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act) along with the current fee. 1. Final Site Development Plan for each phase of development. 2. Model Home Complex Plan shall be filed and approved for each phase if models change between phases. A final site of development plot plan must be approved prior to approval, or concurrent with a Model Home Complex Plan. 3. Detailed Landscaping Plan for typical front yard/slopes/open space. These three plans may be applied for separately for the whole tract or for phases. 4. Landscaping plans totally in 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, 9 or, any combination of multiple plot plans required by these conditions of approval. 14. Construction Hours. Any construction within the City located within one- fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 15. Ordinance Requirements. The development of the property shall be in accordance with the mandatory requirements of all City of Menifee ordinances including Ordinance Nos. 348 and 460 and State law and shall conform substantially to the adopted Specific Plan as filed in the office of the City of Menifee Community Development Department, unless otherwise amended. 16. Reclaimed Water. The permittee shall install purple pipes and connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District. FEES 17. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan or building plan or review of mitigation monitoring, shall be reviewed on an hourly basis (research fee), or other appropriate 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 10 archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American 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.” LANDSCAPING 20. 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. 11 21. 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). 22. 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. 23. 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. 24. Paseo/Park Improvement Notification. Adequate notification shall be provided to any home builder or any other buyer of individual phases of the TENTATIVE MAP that certain paseo and/or parks are required to be constructed or improved with the construction of each phase per the conditions of this project. Prior to Phasing 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 Community Development Department and shall be used as a guideline for subsequent detailed grading plans for individual units or phases of the TENTATIVE MAP. 26. Phases Separable. This land division may be divided into units and recorded in phases provided that the phasing plan complies with the following: 12 1) The proposed division into units or phasing, including unit or phase boundaries, sequencing, and floor plan selection shall be subject to the Community Development Department approval. 27. 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 28. SP PARK AGENCY REQD. PRIOR TO MAP RECORDATION of any subdivision, or other residential development application, all portions of this implementing project not currently within the boundaries of the Valleywide Recreation and Park District, shall be annexed into the Valleywide Recreation and Park District or a similar entity such as a County Service Area/District that has been designated by the Board of Supervisors, pursuant to Section 10.35(G) of Ordinance No. 460, to receive park dedications and fees. Documentation of said annexation shall be provided to the Planning Department. 29. 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. 30. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 31. Annex to Park District. The land divider shall submit written proof to the County Planning Department - Development Review Division that the subject property has been annexed to Valley-Wide Recreation and Parks District. 32. ECS Shall Be Prepared. 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 ___. 33. 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. 13 All proposed outdoor lighting systems shall be in conformance with Menifee Municipal Code Chapter 6.” 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, water quality basins, open space, and landscaped areas. These areas are anticipated to include:  Lots 188 and 190 as shown on the proposed Final Map No. 34406-3 and Lot 114 as shown on the proposed Final Map No. 34406-6 (i.e., Lots 839, 842 and 847/848, respectively, as shown on Tentative Tract Map No. 34406); The organization may be public (anticipated to be Valley Wide Recreation and Parks District) or private (e.g., homeowners’ association). Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for ownership and maintenance. If the organization is a private association, then neighborhood associations shall be established for each residential development, where required, and such associations may assume ownership and maintenance responsibility for neighborhood common areas. a. 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. b. 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 Valley Wide Recreation and Parks District) fee simple title or public easement as determined by the City, to all common open space areas, free and clear of all liens, taxes, assessments, leases (recorded or unrecorded) and easement, except those easements which in the sole discretion of the public organization are acceptable. The common areas anticipated to be owned and maintained by a public organization include, but are not limited to parks, paseos, 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: 14 1. A signed and notarized declaration of covenants, conditions and restrictions; and, 2. A sample document, conveying title to the purchaser, of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference; and, 3. A deposit equaling three (3) hours of the current hourly fee for Review of Covenants, Conditions and Restrictions established pursuant to the City’s fee schedule at the time the above referenced documents are submitted to the Community Development Department for review by the City Attorney. The declaration of covenants, conditions and restrictions submitted for review shall a) provide for a minimum term of sixty (60) years, b) provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit as tenants in common, and c) contain the following provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: The property owners' association established herein shall, if dormant, be activated, by incorporation or otherwise, at the request of the City, and the property owners' association shall unconditionally accept from the City of Menifee, upon the City’s demand, title to all or any part of the 'common area', more particularly described on Exhibit 'A' attached hereto. The decision to require activation of the property owners' association and the decision to require that the association unconditionally accept title to the 'common area' shall be at the sole discretion of the City In the event that the 'common area', or any part thereof, is conveyed to the property owners' association, the association, thereafter, shall own such 'common area', shall manage and continuously maintain such 'common area', and shall not sell or transfer such 'common area' or any part thereof, absent the prior written consent of the Community Development Director of the City or the City's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This declaration shall not be terminated, 'substantially' amended, or property de-annexed therefrom absent the prior written consent of the Community Development Director of the City of Menifee or the City's successor-in-interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' established pursuant to this Declaration. 15 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, expanded parkway landscaping, private recreational, and slope areas. These areas are anticipated to include:  Lots 191, 188, 192, 193, and 189 as shown on the proposed Final Map No. 34406-3 (i.e., Lots 828, 838, 840, 841, and 850, respectively, as shown on Tentative Tract Map No. 34406); The land divider shall submit to the City Attorney (via the Community Development Department) for review and approval the following documents: (a) A cover letter identifying the project for which approval is sought referencing the Planning Division case number(s) and identifying one individual to represent the land divider if there are any questions concerning the review of the submitted documents; (b) One copy and one original, wet signed, notarized and ready for recordation declaration of covenants, conditions, and restrictions (CC&Rs). Attached to these documents there shall be included a legal description of the property included within the CC&Rs and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor. (c) The declaration of CC&Rs submitted for review shall cover all map phases, as follows: (i) Provide for a minimum term of sixty (60) years; (ii) Provide for the establishment of a property owner's association comprised of the owners of each individual lot or unit; and (iii) Provide for the ownership of the common area by either the property owner's association or a permanent public master maintenance organization. (d) The declaration of CC&Rs shall contain the following provisions verbatim: (i) ”Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: 16 - 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.” (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 17 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 to the City Attorney and the Community Development Department. The Community Development Department will retain the one copy for the case file, and forward the wet signed and notarized original declaration of covenants, conditions and restrictions to the City Engineer for safe keeping until the final map is ready for recordation. The City Engineer shall record the original declaration of CC&Rs in conjunction with the recordation of the final map. (g) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of CC&Rs is incorporated therein by reference; and (h) A deposit equaling three hours of the current hourly fee for the review of the CC&Rs established pursuant to the City’s fee schedule at the time the above referenced documents are submitted to the City Attorney for review and approval. FEES 37. Quimby Fees. The land divider shall submit to the Community Development Department a duly and completely executed agreement with the Valley-Wide Recreation and Parks District which demonstrates to the satisfaction of the County that the land divider has provided for the payment of parks and recreation fees and/or dedication of land for the TENTATIVE MAP in accordance with Section 10.35 of Ordinance No. 460. 38. 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 39. 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. 18 40. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 41. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permittee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 231.89 acres (gross) in accordance with APPROVED EXHIBIT A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 42. 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. 43. 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; 19 d. Site access points must be swept/washed within thirty (30) minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed twenty-five (25) mph; l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed fifteen (15) miles per hour over a thirty (30) minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to fifteen (15) miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; 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 20 generation. Any reasonable complaints shall be rectified within twenty- four (24) hours of their receipt. ENVIRONMENTAL PROGRAMS DEPARTMENT 44. 30-Day Burrowing Owl 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 Environmental Programs Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The County Biologist 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 one (1) month of the rough and/or mass grading of the site, or if construction and/or disturbance of the site is suspended for a period of one (1) month or more, a new survey shall be required. FEES 45. Fee Balance. Prior to issuance of Grading Permits, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. Prior to Issuance of Building Permit 46. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a Building Permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 47. Building Plans Required. The developer shall cause building plans to be submitted to the Building and Safety Department for review and approval by the Department of Building and Safety - Plan Check Division. Building and Safety will require the following items: 21 1. Plans shall be designed to the provisions of the 2016 edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 2. Three (3) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. 3. Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel, cross and directional slope percentages, site accessibility features and details. 4. All exterior lighting shall comply with Ordinance 2009-24, “Dark Sky Ordinance”. 5. All exterior lighting shall fall within current commercial standards. 6. Separate plan submittal will be required to Riverside County Fire along with a formal transmittal issued by Building and Safety. 48. Dark Sky Ordinance. All outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the Menifee Municipal Code Chapter 6.01 and the General Plan. 49. Roof-Mounted Equipment. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy-saving devices shall be permitted with Community Development Department approval. 50. Utilities Underground. All utility extensions within a lot shall be placed underground. 51. Elevations and Floor Plans. The elevations and floor plans shall be consistent with the Countywide Design Standards and Guidelines and Specific Plan No. 301. 52. Color Schemes. Colors/materials shall be consistent with the Countywide Design Standards and Guidelines and the Specific Plan No. 301. 53. Parking. Parking spaces are required in accordance with Ordinance No. 348. All parking areas and driveways shall be surfaced to current standards as approved by the City of Menifee Engineering Department. 54. Conform to Final Site of Development Plan. The building plans shall be consistent with the approved elevations of the final site of development plans. The building plans shall be reviewed for consistency with the final site of development plans prior to Building Permit issuance. 55. Building Separation. Building separation between all buildings shall not be less than ten (10) feet. Additional encroachments are only allowed as permitted by Ordinance No. 348. 56. Acoustical Study. The land divider/permit holder shall cause an acoustical study to be performed by an acoustical engineer to establish appropriate 22 mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce the first and second story ambient interior and exterior levels to 45 Ldn and 65 Ldn, respectively. The study shall be submitted, along with the appropriate fee, to the County Environmental Health Department - Industrial Hygiene Division for review and approval. The approved mitigation measures, if any, shall be forwarded from the Environmental Health Department to the Community Development Department for implementation into the final building plans. The prepared acoustic study should be consistent with the findings of the acoustic study prepared for the TENTATIVE MAP review. MINOR PLANS REQUIRED 57. Landscaping Plans. The land divider/permit holder shall file five (5) sets of a Landscaping and Irrigation Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. The plan shall be in compliance with City Requirements, Menifee Municipal Code Chapter 15.04 and Chapter 9.86, Ordinance 348 Section 18.12, Sections 19.300 through 19.304, and the TENTATIVE MAP conditions of approval. The plan shall address all areas and conditions of the tract requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, common area and/or park landscaping, and individual front yard landscaping). Emphasis shall be placed on using plant species that are drought tolerant with low water needs. The plans shall provide for the following: 1) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems are encouraged. 2) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Community Development Department. Utilities shall be placed underground. 3) Any required landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 4) Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, groundcover, shrubs, and specimen trees in conjunction with meandering sidewalks, benches, and other pedestrian amenities where appropriate as approved by the Community Development Department. 23 5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 6) Landscaping plans shall incorporate native and drought-tolerant plants where appropriate. 7) Turf shall be eliminated in areas unless purposed for active use. 8) All basins for drainage and/or water quality shall be screened from view with landscaping. 9) Front yard typical landscaping plans shall provide a minimum of one (1) xeriscape option for home buyers. 10) All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked. 11) Multi-programmable irrigation controllers which have enough programs to break up all irrigation stations into hydro zones shall be used. If practical and feasible, rain shutoff devices shall be employed to prevent irrigation after significant precipitation. Irrigation systems shall be designed so areas which have different water use requirements are not mixed on the same station (hydro zones). Assistance in implementing a schedule based on plant water needs is available from CIMIS or Mobile Lab. The use of drip irrigation should be considered for all planter areas that have a shrub density that will cause excessive spray interference of an overhead irrigation system. Use flow reducers to mitigate broken heads next to sidewalks, streets, and driveways. 12) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where possible. NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineering Department ONLY. 58. Model Home Complex. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act), along with the current fee. The Model Home Complex plot plan shall contain the following elements: 1) An engineer's scaled plan showing the model home lots, lot numbers, tract number, and north arrow. 2) Show front, side and rear yard setbacks. 24 3) Provide two dimensioned off street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. 4) Show detailed fencing plan including height and location. 5) Show typical model tour sign locations and elevation. 6) Three (3) sets of photographic or color laser prints (8" X 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations in accordance with the approved Design Manual and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 7) Provide a Model Home Complex landscape and irrigation plan. NOTES: The Model Home Complex plot plan shall not be approved without Final Site Development Plan approval, or concurrent approval of both. See the Community Development Department Model Home Complex application for detailed requirements. The requirements of this plot plan may be incorporated with any minor plot plan required by the subdivision's conditions of approval. However, this MODEL HOME COMPLEX condition of approval shall be cleared individually. The applicant will be required to enter into a model home complex agreement with the City of Menifee. The agreement stipulates terms for removal of the complex. The model home complex plan shall be approved prior to issuance of a Building Permit. 59. Final Site of Development Plot 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 Planning Department), along with the current fee. Subdivision development shall conform to the approved plot plan and shall conform to the Design and Landscape Guidelines for the SPECIFIC PLAN. 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, 25 building footprints, setbacks, mechanical equipment and model assignments on individual lots. 2. Each model floor plan and elevations (all sides). 3. Three (3) sets of photographic or color laser prints (8" x 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Planning 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. NOTE: The final site plan for this subdivision shall show significantly different housing products than in contiguous Planning Areas. For purposes of this condition, section IV of the SPECIFIC PLAN shall be used to define 'significantly different housing products'. Information on each planning area final site plan shall be kept in the Master Final Site Plan file for this SPECIFIC PLAN. 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. 60. Wall and Fence Plan. The land divider/permit holder shall file four (4) sets of a Wall/Fencing Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act), along with the current fee. The plan shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval. A. The plan shall show all project fencing including, but not limited to, perimeter fencing, side and rear yard fencing, and open space or park fencing. A typical frontal view of all fences shall be shown on the fencing plan. B. All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments, as approved by the Community Development Department. C. An entry monument shall be shown on the Plan. D. The entry monument shall be in substantial conformance to the design guidelines of the Specific Plan. E. All wood fencing or gates shall be treated with heavy oil stain to match the natural shade to prevent bleaching from irrigation spray. 26 F. 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. G. Side yard gates are required on one side of the home and shall be constructed of vinyl, wood, wrought iron, or tubular steel fence. Chain- link fencing is not permitted. All construction must be of good quality and sufficient durability with an approved stain and/or sealant to minimize water staining. (Applicants shall provide specifications that shall be approved by the Community Development Department). H. All new residences constructed on lots of less than 20,000 square feet shall include rear and side yard fencing that is a minimum of five (5) feet in height. The maximum height of walls or fencing shall be six (6) feet in height unless otherwise specified according to the applicable noise mitigation. I. 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. J. Corner lots shall be constructed with wrap-around decorative block wall returns. K. 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. L. The plan shall show the location of all retaining walls. Retaining walls shall be constructed with decorative (e.g., split-faced) block (were exposed/one-sided) and a masonry cap. LANDSCAPING 61. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation as defined by County Ordinance No. 348. Landscaping and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04 and 9.86, and Riverside County Guide to California Friendly Landscaping provided that said ordinance has been amended to address residential tracts. The front yard landscaping must be installed prior to final occupancy release. 62. Landscaping Performance Securities. Performance securities for common areas, in amounts to be determined by the Community Development Director to guarantee that the installation of plantings, irrigation system, walls and/or fences, improvements, and/or amenities are completed and ready for public use within the timeframes specified in these Conditions of Approval; and in accordance with the approved plan, shall be filed with the Community Development Department. Securities may require review by the City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one 27 year after structural final, inspection report, and the one-year post- establishment report confirms that the planting and irrigation components have been adequately installed and maintained or once the corresponding improved lot has been accepted for maintenance by the City. A cash security shall be required when the estimated cost is $2,500.00 or less. Security deposits are only required for common areas. 63. 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 64. Fee Balance. Prior to issuance of Building Permits, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. 65. Romoland School District. Prior to building permit issuance, impacts to the Romoland School District shall be mitigated in accordance with California State law. 66. Perris Union High School District. Prior to building permit issuance, impacts to the Perris Union High School District shall be mitigated in accordance with California State law. Prior to Final Inspection 67. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of final occupancy. The Community Development Director may require inspection or other monitoring to ensure such compliance. 68. Block Wall Anti-Graffiti Coating. As required by the acoustic study prepared for the TENTATIVE MAP, the land divider/permit holder shall construct a six (6) foot high decorative block wall along Heritage Lake Drive, a seven (7) foot high decorative block wall along Briggs Road, and an eight (8) foot high decorative block wall along McCall Boulevard. The required wall shall be subject to the approval of the Community Development Department. 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. 69. 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. 28 70. 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. 71. Concrete Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 72. Roll Up Garage Doors. All residences shall have automatic roll-up garage doors. 73. Final Planning Inspection. The permittee shall obtain final occupancy sign-off from the Planning Division for each Building Permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, walls and fencing and landscaping. LANDSCAPING 74. Specimen Trees. Landscaping plans shall incorporate the use of specimen (24" box or greater) canopy trees along streets and within the parking areas. All trees and shrubs shall be drawn to reflect the average specimen size at 15 years of age. All trees shall be double-staked and secured with non-wire ties. 75. Soil Management Plan. The permittee shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, “What is required in a Soil Management Plan?” 76. 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. 77. 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. 29 The irrigation system shall be properly constructed and determined to be in good working order. 78. 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 79. Quimby Fees. The land divider/permit holder shall present certification to the Riverside County Planning Department that payment of parks and recreation fees and/or dedication of land for park use in accordance with Section 10.35 of County Ordinance No. 460 has taken place. Said certification shall be obtained from the Valley-Wide Recreation and Park District. 80. 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. 81. 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. 30 82. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. Prior to Issuance of Given Building Permit or Occupancy 83. SP - PA 21 Plans required. PRIOR TO THE ISSUANCE OF THE 2825th building permit within the SPECIFIC PLAN, detailed park plans shall be submitted to and approved by the Planning Department and the Valleywide Recreation and Parks District or other entity set forth in the Planning Department's condition entitled "SP - Common Area Maintenance" for the park site designated as Planning Area 21. The detailed park plans shall conform with the design criteria in the specific plan document for Planning Area 21 and with the requirements of the Valleywide Recreation and Parks District or other entity set forth in the Planning Department entitled "SP - Common Area Maintenance". The park plans need not be working drawings, but shall include landscape and irrigation plans, descriptions and placement of recreational facilities and documentation evidencing a permanent maintenance mechanism for the park and its facilities. 84. SP - PA 21 Park Construction. PRIOR TO THE ISSUANCE OF THE 3150th building permit within the SPECIFIC PLAN, the park designated as Planning Area 21 shall be constructed and fully operable. 85. SP - PA 5A Plans required. PRIOR TO THE ISSUANCE OF THE 150th building permit within PAs 1-10 in the SPECIFIC PLAN, detailed park plans shall be submitted to and approved by the Planning Department and the Valleywide Recreation and Parks District or other entity set forth in the Planning Department's condition entitled "SP - Common Area Maintenance" for the park site designated as Planning Area 5A. The detailed park plans shall conform with the design criteria in the specific plan document for Planning Area 5A and with the requirements of the Valleywide Recreation and Parks District or other entity set forth in the Planning Department entitled "SP - Common Area Maintenance". The park plans need not be working drawings, but shall include landscape and irrigation plans, descriptions and placement of recreational facilities and documentation evidencing a permanent maintenance mechanism for the park and its facilities. 86. SP - PA 5A Park Construction. PRIOR TO THE ISSUANCE OF THE 251st building permit within PAs 1-10 in the SPECIFIC PLAN, the park designated as Planning Area 5A shall be constructed and fully operable. 87. SP - PA 5B Plans required. PRIOR TO THE ISSUANCE OF THE 150th building permit within PAS 1-10 in the SPECIFIC PLAN, detailed park plans shall be submitted to and approved by the Planning Department and the Valleywide Recreation and Parks Districto or other entity set forth in the Planning Department's condition entitled "SP - Common Area Maintenance" for the park site designated as Planning Area 5B. The detailed park plans shall conform with the design criteria in the specific plan document for Planning Area 5B and with the requirements of the Valleywide Recreation and Parks District 31 or other entity set forth in the Planning Department entitled "SP - Common Area Maintenance". The park plans need not be working drawings, but shall include landscape and irrigation plans, descriptions and placement of recreational facilities and documentation evidencing a permanent maintenance mechanism for the park and its facilities. 88. SP - PA 5B Park Construction. PRIOR TO THE ISSUANCE OF THE 250th building permit within the SPECIFIC PLAN, the park designated as Planning Area 5B shall be constructed and fully operable. 89. SP - PA 9 Plans required. PRIOR TO THE ISSUANCE OF THE 400th building permit within PAs 1-10 in the SPECIFIC PLAN, detailed park plans shall be submitted to and approved by the Planning Department and the Valleywide Recreation and Parks District or other entity set forth in the Planning Department's condition entitled "SP - Common Area Maintenance" for the park site designated as Planning Area 9. The detailed park plans shall conform with the design criteria in the specific plan document for Planning Area 9 and with the requirements of the Valleywide Recreation and Parks District or other entity set forth in the Planning Department entitled "SP - Common Area Maintenance". The park plans need not be working drawings, but shall include landscape and irrigation plans, descriptions and placement of recreational facilities and documentation evidencing a permanent maintenance mechanism for the park and its facilities. 90. SP - PA 9 Park Construction. PRIOR TO THE ISSUANCE OF THE 500th building permit within PAs 1-10 in the SPECIFIC PLAN, the park designated as Planning Area 9 shall be constructed and fully operable. 91. SP - PA 11 Plans required. PRIOR TO THE ISSUANCE OF THE 200th building permit within PAs 12A and 12B in the SPECIFIC PLAN, detailed park plans shall be submitted to and approved by the Planning Department and the Valleywide Recreation and Parks District or other entity set forth in the Planning Department's condition entitled "SP - Common Area Maintenance" for the park site designated as Planning Area 11. The detailed park plans shall conform with the design criteria in the specific plan document for Planning Area 11 and with the requirements of the Valleywide Recreation and Parks District or other entity set forth in the Planning Department entitled "SP - Common Area Maintenance". The park plans need not be working drawings, but shall include landscape and irrigation plans, descriptions and placement of recreational facilities and documentation evidencing a permanent maintenance mechanism for the park and its facilities. 92. SP - PA 11 Park Construction. PRIOR TO THE ISSUANCE OF THE 600th building permit within PAS 12A and 12B in the SPECIFIC PLAN, the park designated as Planning Area 11 shall be constructed and fully operable. CONDITIONS FOR OPEN SPACE LOTS WITHIN TR 34406-3 AND -6 The Community Development Director shall have the ability to defer the installation of the landscaping as noted below, but may require performance securities and additional deposits to cover administrative costs. Under no circumstance shall landscaping be deferred if 80% of the tract has been issued permits. 32 As some open space lots noted below may contain water quality basins, the installation of landscaping and completion of those lots may be required at an earlier time than what is noted in the conditions by the Engineering and Public Works Department in order to mitigate water quality impacts of the development. 93. Suspension of Building Permit Issuance and/or Inspections. Pursuant to City Municipal Code Section 9.55.120, failure to comply with any deadline for the development of the improvements and/or amenities shall halt the issuance of building permits and suspension of all building inspections for residential dwelling units within the subdivision. 94. Open Space Lots for Slope and Side Yard Landscaping. All landscaping and irrigation in open space lots not specifically mentioned elsewhere within these Conditions of Approval, shall be installed and inspected prior to issuance of occupancy for adjacent residential lots. 95. Open Space Lot ‘842’ (Greenbelt / Buffer). Prior to issuance of a certificate of occupancy of any of the residential Lots 588 to 589 or 611 to 625, all landscaping and irrigation within the Lot 842 (“Greenbelt / Buffer”) on the Approved Tentative Map shall be installed, inspections completed and passed, and performance securities posted. 96. Open Space Lot ‘848’ (Greenbelt / Buffer). Prior to issuance of a certificate of occupancy of any of the residential Lots 720 to 736, all landscaping and irrigation within the Lot 848 (“Greenbelt / Buffer”) on the Approved Tentative Map shall be installed, inspections completed and passed, and performance securities posted. 97. Open Space Lot ‘839’ (Open Space / Greenbelt). Prior to issuance of a certificate of occupancy of any of the residential Lots 479 to 485, 500 to 501, or 519 to 520, all landscaping and irrigation within the Lot 839 (“Open Space / Greenbelt”) on the Approved Tentative Map shall be installed, inspections completed and passed, and performance securities posted. 33 Section IV: Public Works/Engineering Conditions of Approval 34 The following are the Public Works Engineering Department Conditions of Approval for this development, which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. General Conditions 98. Subdivision Map Act. The developer/property owner shall comply with the State of California Subdivision Map Act. 99. Plans Format and Signature. 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. 100. 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. 101. Plan Submittals and Approvals. A copy of the improvement plans, grading 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. 102. 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. 103. Construction Times of Operations. 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 of 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. 35 Construction on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer. b. Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. c. The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions. d. A Pre-Construction meeting is mandatory with the City’s Public Works Senior Inspector prior to start of any construction activities for this site. 104. 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. 105. Existing Easements. The submitted tentative tract map shall correctly show all existing easements, traveled ways, and drainage courses with appropriate Qs. Any omission or misrepresentation of these documents may require said tentative tract map to be resubmitted for further consideration. B. Grading General Conditions: 106. Grading. All grading shall conform to the latest adopted edition of the California Building Code, and all current City ordinances on grading , 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. 107. Soils Regulations. All grading shall be performed in accordance with the recommendations of the included -County approved- geotechnical/soils reports for this Specific Plan. 108. All Clearances Received. Prior to issuance of a grading permit, all certifications affecting grading shall have written clearances. This includes, but is not limited to, additional environmental assessments, erosion control plans, geotechnical/soils reports, and departmental clearances. 36 109. No Grading & Subdividing. If grading of the entire - or any portion there of - Specific Plan site is proposed, UNDER A SUBDIVISION OR LAND USE CASE ALREADY APPROVED FOR THIS SPECIFIC PLAN, at the same time that application for further subdivision of any of its parcels is being applied for, an exception to Ordinance 460, Section 4.5.B, shall be obtained from the Planning Director, prior to issuance of the grading permit (Ord. 460 Section 3.1). THIS EXCEPTION WILL NOT APPLY TO ANY CASE HAVING ONLY AN APPROVED SPECIFIC PLAN. 110. Slope Stability. A slope stability report shall be submitted and approved by the PW-Engineering Department for all proposed cut or fill slopes steeper than 2:1 (horizontal:vertical) or over 30 feet in vertical height - unless addressed in a previously City approved report. 111. 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. 112. Permitting. Improvement such as grading, filling, over excavation and re- compaction, and base or paving which require a grading permit are subject to the Public Works/Engineering Department conditions of approval. 113. Grading Regulations. All grading shall conform to the California Building Code, all current City ordinances on grading, and all other relevant laws, rules and regulations governing grading in Riverside County and prior to commencing any grading which includes 50 or more cubic yards, the applicant shall obtain a grading permit from the Public Works/Engineering Department. 114. Grading Permit Required. all current City ordinances on grading requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 115. Dust Control. All necessary measures to control dust shall be implemented by the developer during grading. 116. Max Slope. Grade slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works Engineering Department. 117. Minimum Drainage Grade. Minimum drainage grade shall be 1% except on Portland cement concrete where 0.35% shall be the minimum. 118. Terracing. Provide drainage facilities and terracing in conformance with the California Building Code's chapter on "Grading." 37 119. Slope Setbacks. Observe slope setbacks from buildings and property lines per the California Building Code - as per all current City ordinances on grading. Prior to Map Recordation: 120. Slope Setbacks. Observe slope setbacks from buildings and property lines per the California Building Code. 121. No Grading and Subdividing. 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 City grading ordinances is required. 122. Private Roads. Constructing a private road requires a grading permit. 123. Offsite Easement or Redesign. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the City prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 124. Map Phasing. Map phasing, and additional PW/Engineering conditions of approval pertaining to map phasing and improvements constructed per map phase, shall be per UPH2016-276 conditions of approval. Prior to Grading Permit Issuance: 125. 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. 126. Grading Bonds. Grading in excess of 199 cubic yards will require performance security to be posted with the Building and Safety Department. Single Family Dwelling units graded one lot per permit and proposing to grade less than 5,000 cubic yards are exempt. 127. Erosion Control Plan. 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 grading ordinances 128. Geotechnical Report. Geotechnical soils reports, required in order to obtain a grading permit, shall be submitted to the Building and Safety Department's Grading Division for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by Riverside County.* *The geotechnical/soils, compaction and inspection reports have been reviewed by Riverside County in accordance with the RIVERSIDE COUNTY 38 GEOTECHNICAL GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS. 129. Drainage Design Q100. All grading and drainage shall be designed in accordance with Riverside County Flood Control & Water Conservation District's conditions of approval regarding this application. If not specifically addressed in their conditions, drainage shall be designed to accommodate 100 year storm flows. Additionally, the County Building and Safety Department's previous 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 PW/Engineering Department. 130. Drainage Easement. A recorded drainage easement is required for cross lot (lot to lot) drainage. 131. Driveway Drainage. Lots whose access is or will be affected by natural or constructed drainage facilities, shall provide drive way drainage facilities which are adequate to allow access from the street to the house during 100 year storms. 132. Slopes in Floodway. Grade slopes which infringe into the 100 year flood way boundaries, shall be protected from erosion, or other flood hazards, by a method acceptable to the PW/Engineering Department - this may include Riverside County Flood Control & Water Conservation District's review and approval. However, no graded slope will be allowed which in the professional judgment of the PW Director, concentrates or diverts drainage flows. 133. Off-Site Grading. Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. 134. Off-Site Grading Letters. A notarized letter of permission, from the affected property owners or easement holders, is required for any proposed off site grading. 135. Recorded Easement Required. A recorded easement is required for offsite drainage facilities. 136. Lot to Lot Drainage. A recorded drainage easement is required for lot to lot drainage. 137. NPDES/SWPPP. Prior to issuance of any grading or construction permits - whichever comes first - the applicant shall provide the Building and Safety Department evidence of compliance with the following: "Effective March 10, 2003 owner operators of grading or construction projects are required to 39 comply with the N.P.D.E.S. (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of "ONE" acre or larger. The owner operator can comply by submitting a "Notice of Intent" (NOI), develop and implement a STORM WATER POLLUTION PREVENTION PLAN (SWPPP) and a monitoring program and reporting plan for the construction site. For additional information and to obtain a copy of the NPDES State Construction Permit contact the SWRCB at (916) 341-5455. Additionally, at the time the City adopts, as part of any ordinance, regulations specific to the N.P.D.E.S., this project (or subdivision) shall comply with them. 138. Import/Export. In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the 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 Planning Director for review and comment and to the Building and Safety Department Director for approval. Additionally, if the movement of import/export occurs using City roads, review and approval of the haul routes by the PW/Engineering Department will be required. Prior to Building Permit Issuance: 139. 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. 140. 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. 141. Conformance to Elevations/Geotechnical Compaction. Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. Prior to Certificate of Occupancy: 142. 4:1 Slope Ratio. 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 40 additional shrubs or trees as approved by the Building & Safety Department's Erosion Control Specialist. 143. 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 as approved by the PW/Engineering Department's Erosion Control Specialist. 144. Finish Grade. Finish grade shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than one-half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. 145. 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 General Conditions: 146. Flood Hazard Report. The site receives runoff from four major offsite watersheds that drain about 1,700 acres, 3,300 acres, 360 acres, and 458 acres, respectively. In addition, the runoff from several smaller offsite watersheds, as well as the storm flow generated onsite, impact the property. Following are the District's previous recommendations in order to protect the public health and safety: 1. In compliance with Santa Ana Region and San Diego Region Regional Water Quality Control Board Orders, and Beginning January 1, 2005, 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. 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 41 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. A 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. 2. The northern portion of the site is located within the bounds of the Homeland/Romoland Area Drainage Plan (ADP). The southern portion is located within the Winchester/North Hemet ADP. The Board of Supervisors has established fees for these plans, and applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to permits within the Specific Plan. The fee due will be based on the fee in effect at the time of fee payment. 3. Greenbelt/park drainage facilities - It is the City’s preference that a public entity be responsible for the maintenance of the open space areas used for floodwater conveyance. If a public entity cannot be found, the City would accept an HOA for maintenance in planning areas 11 and 12 for the following reasons. 1. No offsite areas are tributary to the meadow/park areas and the flowrates are relatively small. 2. The longitudinal slopes for the conveyance areas are proposed to be extremely mild. 3. The widths of the paseos are relatively wide compared to the amount of stormwater they are required to carry. Nevertheless, the City will insist that adequate and specific maintenance provisions be incorporated into the Home Owners Association responsibilities. Further, the conveyance areas shall be designed to the satisfaction of the General Manager-Chief Engineer with respect to plan-form & cross-section geometry and access to both sides of any channels/swales carrying significant amount of floodwater. 3.1.A precise description of the facilities to be maintained under the agreement and exact language of the easement/s for the drainage facilities. 3.2.The specific uses and maintenance activities within the various channels, conveyance areas, and access roads/trails. (For example, some areas may be used by the public and some areas only entered by landscaping crews.) 3.3.The entity/entities that would indemnify, hold harmless and defend the Flood Control District, and the City of Menifee against any claims or liability resulting from the 42 construction, operation, maintenance and all other uses of the drainage facilities. 3.4.The appropriate coverage and of types insurance policies required. 3.5.The process by which any proposed modifications to the conveyance areas would be reviewed and approved. 3.6.Access rights for the City for inspection purposes. 3.7.A clause providing that if the City is ever forced to assume the maintenance responsibility for the drainage facilities, ownership of the facilities will fall to the City. 4. The Specific Plan proposes to divert onsite storm runoff from about 112 acres located north of McCall Boulevard and east of Menifee Road into the Salt Creek/Winchester watershed to the south. The developer proposes to offset these impacts by grading about 114 acres northwesterly of Briggs Road and Case Road to drain towards the Homeland watershed. This drainage scheme is acceptable to the City. 5. The Specific Plan proposes to construct an 84-inch storm drain to outlet the flows from the greenbelt park drainage and detention basin system along Lindenberger Road to the south. This facility will be required to outlet directly into Salt Creek, which is located approximately 2,000 feet southerly of Simpson Road. 6. The entire property on the north side of Case/Matthews Road is impacted by a FEMA (Federal Emergency Management Agency) mapped Zone A floodplain. Development within this floodplain will require the applicant to process a Conditional Letter of Map Revision (CLOMR). This will require the preparation and submittal of an extensive hydrologic/hydraulic analysis prior to the approval of tentative map proposals unless the CLOMR has been processed by another development or previously by the District. 7. Planning Areas 1 through 13 located on north side of Case/Matthews Road and southerly of McLaughlin Road will be subject to severe flooding damage until flood control facilities have been constructed upstream. The development of Planning Areas 1 through 13 will require the construction of the proposed Homeland/Romoland ADP facilities Line A, and LineA-4. 8. The City will not allow the issuance of grading permits nor allow recordation of the final map for Planning Areas 1 through 13 until the plans for Line 1, Line A, and Briggs Road detention basin 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 City or the Community 43 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. 9. The master drainage plan for the Specific Plan shows proposed storm drains to collect onsite runoff from Planning Areas 1 through 9 and to discharge the flows towards the south into the proposed Line A. These facilities shall be extended further north to collect offsite storm runoff from the vicinity north of Highway 74 so that future developments from the area have an adequate facility to outlet their respective onsite flows. 10. The current alignment for the proposed Romoland Line A is sited along the existing low ditch located just north of McLaughlin Road. The alignment for this major ADP facility is currently being revised. The developer should be aware the Planning Areas adjacent to the Line A alignment could be affected depending upon the location of the final alignment adopted for Line A. 147. Basin Maintenance. This project proposes debris basins, green belt channels or other facilities which will require maintenance by a public agency, or a guarantee of maintenance by a public agency in the event the responsible private party fails to meet its maintenance obligations. These types of flood control facilities are selected at the discretion of the applicant to complement the nature of the proposed development, and do not have a regional benefit commensurate with the maintenance costs which are anticipated to be excessively high. Therefore, to ensure the public is not unduly burdened for future costs, prior to final approval or recordation of this case, the City will require an acceptable financial mechanism be implemented to provide for reimbursement of maintenance costs in perpetuity. This may consist of a mechanism to assess individual benefitting property owners, or other means approved by the City. If an acceptable maintenance mechanism cannot be developed, the project should be redesigned to eliminate all high maintenance cost features. 148. Map Flood Hazard Report. TR 34406 is a proposal to divide 231.9 acres into residential lots, open space and future commercial development. The site is near Winchester west of Briggs Rd. and south of Mathews Rd. The tract consists of Planning Areas 14, 18, 19, 20, 24 and 25 of Specific Plan 301-A2, Menifee Valley Ranch. This site receives storm runoff from a tributary area north of the railroad tracks. These flows are delivered to the tract via a railroad culvert north of the Greenbelt Buffer lot. The Specific Plan proposes to divert acreage northwesterly of Briggs Road and Case Road to drain north towards the Homeland watershed. This drainage scheme is acceptable to the City. However, until the diversion grading and Line A to the north is constructed, this site will still receive flows which are proposed to be collected in a storm drain and conveyed through the tract. The applicant proposes to drain the site via 44 storm drains. The majority of the site would drain to the existing Heritage Lake to the west. A small portion of the tract at the southeast corner would drain southerly to another Menifee Valley SP tract to the south (Tract 34180). The applicant proposes to mitigate for water quality the portion of the site that drains to Heritage Lake with a combination of catch basin inserts and the capture of the water quality volume within the existing Lake. The applicant has demonstrated that the Lake has capacity for this purpose for all of the tributary area. The Lake and amenities for the specific plan are maintained by the HOA and Valley Wide Recreation and Park District. The small portion of the tract draining to Tract 34180 will be treated within that tract. If this tract is to be constructed prior to Tract 34180 a minor change or revised map may be required to provide for onsite water quality treatment for this portion of the tract otherwise this phase shall wait for the construction of Tract 34180. The site is located within the bounds of the Salt Creek Channel/Winchester/North Hemet 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.The fee due will be based on the fee in effect at the time of payment. 149. 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. 150. 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. 151. Natural Drainage Patterns. 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 City for review. 152. Coordinate Drainage Design. Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City for review. 45 153. Major Facilities. Major flood control facilities are being proposed. These shall be designed and constructed to City standards including those related to alignment and access to both inlets and outlets. The applicant shall consult the City early in the design process regarding materials, hydraulic design, and transfer of rights of way. 154. Waters of the US. A portion of the proposed project may affect "waters of the United States", "wetlands" or "jurisdictional streambeds". Therefore, a copy of appropriate correspondence and necessary permits, or correspondence showing the project to be exempt, from those government agencies from which approval is required by Federal or State law (such as Corps of Engineers 404 permit or Department of Fish and Game 1603 agreement) shall be provided to the City prior to the recordation of the final map. All Regulatory Permits (and any attachments pertaining thereto such as Habitat Mitigation and Monitoring Plans, Conservation Plans/Easements) to be secured by the Developer shall be submitted to the City for review. The terms of the Regulatory Permits shall be approved by the City prior to improvement plan approval, map recordation or finalization of the Regulatory Permits. There shall be no unreasonable constraint upon the City’s ability to operate and maintain the flood control facility to protect public health and safety. 155. Interceptor Drain Criteria. 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. 156. 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. 157. BMP – Trash Racks. Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 158. Submit Final WQMP>Prelim. In compliance with Santa Ana Region and San Diego Region Regional Water Quality Control Board Orders, and Beginning January 1, 2005, 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" 46 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 City prior to issuance of recommended conditions of approval. The developer has submitted a report that minimally meets 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. 159. WQMP Establish Maintenance Entity. 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 City 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 City. 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 Grading Permit Issuance: 160. Submit Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the City for review. The plans must receive City approval prior to the issuance of grading permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 161. Erosion Control after Rough Grading. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the City for review. 47 162. Off-Site Easement or Redesign. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the City prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 163. Map Phasing. If the tract is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows. 164. ADP Fees. Tract 34406 is located within the limits of the Salt Creek/Winchester/North Hemet 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 Flood Control 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. 165. Submit Final WQMP. A copy of the project specific WQMP shall be submitted to the District for review and approval. Prior to Map Recordation: 166. Submit Plans. A copy of the improvement plans, grading plans, final map, environmental constraint sheet, BMP improvement plans, and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the District for review. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 167. Easements on Final Map. Onsite drainage facilities located outside of road right of way shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions.” 168. 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". 169. Offsite Easements or Redesign. Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the City prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 48 170. Written Permission to Grade. 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. 171. 3 Items to Accept Facility. Inspection and maintenance of the flood control facility/ies to be constructed with this tract must be performed by either the PW/Engineering Department or the Flood Control District. The engineer (owner) must request in writing that one of these agencies accept the proposed system. The request shall note the project number, location, briefly describe the system (sizes and lengths) and include an exhibit that shows the proposed alignment. If the District is willing to maintain the proposed facility three items must be accomplished prior to recordation of the final map or starting construction of the drainage facility: 1) the developer shall submit to the District the preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the District and secure that right of way to the satisfaction of the District; 2) an agreement with the District and any maintenance partners must be executed which establishes the terms and conditions of inspection, operation and maintenance; and 3) plans for the facility must be signed by the District's General Manager-Chief Engineer. The plans cannot be signed prior to execution of the agreement. An application to prepare the agreement must be submitted to the attention of the District's Administrative Services Section. All right of way transfer issues must be coordinated with the District's Right of Way Section. The engineer/developer will need to submit proof of flood control facility bonds and a certificate of insurance to the District's Inspection section before a pre- construction meeting can be scheduled. 172. ADP Fee Notice. 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 Salt Creek/Winchester/North Hemet 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. 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. 49 173. BMP – Maintenance and Inspection. Unless an alternate viable maintenance entity is established, the CC&R's for the development's Homeowners Association (HOA) shall contain provisions for all structural BMPs to be inspected, and if required, cleaned no later than October 15 each year. The CC&R's shall identify the entity that will inspect and maintain all structural BMP's within the project boundaries. A copy of the CC&R's shall be submitted to the City for review and approval. 174. Submit Final WQMP. A copy of the project specific WQMP shall be submitted to the District for review and approval. Prior to Grading Permit Issuance: 175. Submit Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the District for review. The plans must receive District approval prior to the issuance of grading permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 176. Erosion Control after Grading. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the City for review. 177. Encroachment Permit Required. An encroachment permit shall be obtained for any work within the City right of way or with City facilities. The encroachment permit application shall be processed and approved concurrently with the improvement plans. 178. Map Phasing. If the tract is built in phases, each phase shall be protected from the 1 in 100 year tributary storm flows. 179. BMP – Filtration. Impervious areas shall be graded or constructed to drain to a filtration BMP or equally effective alternative. Filtration BMPs can be found in the attachment to Supplement A, "Selection and Design of Stormwater Quality Controls". Prior to Building Permit Issuance: 180. No Building Permit without Grading Permit. Prior to issuance of any building permit, the property owner shall obtain a grading permit and/or approval to construct from the Grading Division of the Building and Safety Department. 181. Submit Plans. A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the District for review. The plans must receive District approval prior to the issuance of building permits. All submittals shall be date stamped by the 50 engineer and include a completed Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 182. ADP Fees. Tract 34406 is located within the limits of the Salt Creek/Winchester/North Hemet 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. D. Street Improvements General Conditions: 183. Additional Public Improvements. Additional public improvements required to support these City Conditions of Approval may be required at the discretion of the City of Menifee Public Works Director. 184. 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. Note that there is a five-day minimum processing period requested for all orders. The developer must provide to the District's PLAN CHECK 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 District 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. 185. 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. 51 186. Street Improvements Required. 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 Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461) and City of Menifee standards and specifications. 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 unacceptability 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 PW/Engineering Department. 187. Utility Install. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Ordinance 460 and 461. This also applies to existing overhead lines which are 33.6 kilowatts or below along the project frontage and within the project boundaries. 188. Offsite Phase. Should the applicant choose to phase any portion of this project, said applicant shall provide off-site access roads to City maintained roads as approved by the PW/Engineering Department. 189. Implement WQMP. All structural BMPs described in the project-specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The District 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. 190. Traffic Signal Conditions. The County Transportation Department previously reviewed the traffic study submitted for the referenced project. The study has been prepared in accordance with accepted traffic engineering standards and practices, utilizing County-approved guidelines. The study indicates that for Year 2020 it is possible to achieve a Level of Service "C" for the following intersections (some of which will require additional construction for mitigation at the time of development): I-215 Fwy SB Ramps (NS)/SR-74 (EW) I-215 Fwy SB Ramps (NS)/Ethanac Road (EW) I-215 Fwy SB Ramps (NS)/McCall Boulevard (EW) I-215 Fwy SB Ramps (NS)/Newport Road (EW) I-215 Fwy NB Ramps (NS)/SR-74 (EW) I-215 Fwy NB Ramps (NS)/Ethanac Road (EW) I-215 Fwy NB Ramps (NS)/McCall Boulevard (EW) I-215 Fwy NB Ramps (NS)/Newport Road (EW) Encanto Drive (NS)/Ethanac Road (EW) Encanto Drive (NS)/McCall Boulevard (EW) Sherman Road (NS)/Ethanac Road (EW) Sherman Road (NS)/McCall Boulevard (EW) Antelope Road (NS)/SR-74 (EW) Antelope Road (NS)/Ethanac Road (EW) 52 Antelope Road (NS)/McCall Boulevard (EW) Antelope Road (NS)/Newport Road (EW) Palomar Road (NS/SR-74 (EW) Menifee Road (NS)/SR-74 (EW) Menifee Road (NS)/McLaughlin Road (EW) Menifee Road (NS)/Loop Road (EW) Menifee Road (NS)/McCall Boulevard (EW) Menifee Road (NS)/Grand Avenue (EW) Menifee Road (NS)/Simpson Road (EW) Menifee Road (NS)/Newport Road (EW) Malaga Road (NS)/SR-74 (EW) Lindenberger Road (NS)/Simpson Road (EW) Lindenberger Road (NS)/Newport Road (EW) Briggs Road (NS)/SR-74 (EW) Briggs Road (NS)/McLaughlin Road (EW) Briggs Road (NS)/McCall Boulevard (EW) Briggs Road (NS)/Grand Avenue (EW) Briggs Road (NS)/Simpson Road (EW) Leon Road (NS)/Simpson Road (EW) Juniper Flats Road (NS)/SR-74 (EW) The study indicates that with feasible mitigation, it is possible to achieve level of Service "D" for Year 2020 traffic conditions at the following intersections: Menifee Road (NS)/SR-74 (EW) Briggs Road (NS)/SR 74 (EW) Antelope Road (NS)/Newport Road (EW) Sherman Road (NS)/Ethanac Road (EW) The associated conditions of approval incorporate mitigation measures identified in the traffic study that are necessary to achieve or maintain these levels of service. 191. Traffic Signal Mitigation. The project proponent shall participate in the Traffic Signal Mitigation Program as approved by PW/Engineering. 192. Landscaping. Any landscaping within public road rights-of-way will require approval by the Director of Public Works and assurance of continuing maintenance through the establishment of a landscape maintenance district or similar mechanism as approved by the Director of Public Works. The minimum width for landscaped medians shall be 14 feet. Prior to Grading Permit Issuance: 193. Drainage 1. The land divider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the PW/Engineering Department. 194. Drainage 2. The land divider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the PW/Engineering Department permits the use of streets for drainage purposes, the provisions of Article XI of 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 subdivider shall provide adequate drainage facilities 53 and/or appropriate easements as approved by the PW/Engineering Department. 195. Standard Introduction. 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 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 unacceptability 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 PW/Engineering Department. 196. Off-Site Phase. Should the applicant choose to phase any portion of this project, said applicant shall provide off-site access roads to City maintained roads, as approved by the PW/Engineering Department. 197. Bike Lane. Within the proposed street paved section on the north/east and south/west sides of Heritage Lakes Drive, on the west side of Briggs Road and the north and south sides of McCall Boulevard, a Class II bike lane is required in accordance with the City of Menifee General Plan and the Menifee Valley Ranch Specific Plan (SP 301) Non-Vehicular Circulation Plan. The Heritage Lakes Drive bike lane shall have enhanced striping to distinguish it from a vehicle travel lane. 198. Traffic Study Conditions. The County Transportation Department previously reviewed the traffic study submitted for the referenced project. The study has been prepared in accordance with County-approved guidelines. We 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 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.  Murrieta Road (NS) at: Newport Road (EW)  Bradley Road (NS) at: Newport Road (EW)  Haun Road (NS) at: Newport Road (EW)  I-215 Southbound Ramps (NS) at: Newport Road (EW)  I-215 Northbound Ramps (NS) at: Newport Road (EW)  Antelope Road (NS) at: Newport Road (EW) 54  I-215 Southbound Ramps (NS) at: McCall Boulevard (EW)  I-215 Northbound Ramps (NS) at: McCall Boulevard (EW)  Encanto Drive (NS) at: McCall Boulevard (EW)  Sherman Road (NS) at: McCall Boulevard (EW)  Antelope Road (NS) at: McCall Boulevard (EW)  Junipero Road (NS) at: McCall Boulevard (EW)  Menifee Road (NS) at: Ethanac Road (EW)  Menifee Road (NS) at: McLaughlin Road (EW)  Menifee Road (NS) at: Rouse Road (EW)  Menifee Road (NS) at: Falling Water Drive (EW)  Menifee Road (NS) at: McCall Boulevard (EW)  Menifee Road (NS) at: Newport Road-Domenigoni Parkway (EW)  Heritage Lake Drive (NS) at: Falling Water Drive (EW)  Heritage Lake Drive (West) (NS) at: McCall Boulevard (EW)  Heritage Lake Drive (East) (NS) at: McCall Boulevard (EW)  Heritage Lake Drive (NS) at: Grand Avenue (EW)  Lindenberger Road (NS) at: Heritage Lake Drive (EW)  Lindenberger Road (NS) at: Simpson Road (EW)  Lindenberger Road (NS) at: Domenigoni Parkway (EW)  Briggs Road (NS) at: McCall Boulevard (EW)  Briggs Road (NS) at: Grand Avenue (EW)  Briggs Road (NS) at: Simpson Road (EW)  La Ventana Road (NS) at: Simpson Road (EW)  Leon Road (NS) at: Simpson Road (EW)  Heritage Lake Drive (NS) at: Project Access #1 (EW)  Project Access #2 (NS) at: McCall Boulevard (EW)  Heritage Lake Drive (NS) at: Project Access #3 (EW)  Heritage Lake Drive (NS) at: Project Access #4 (EW)  Heritage Lake Drive (NS) at: Project Access #5 (EW)  Heritage Lake Drive (NS) at: Project Access #6 (EW)  Heritage Lake Drive (NS) at: Project Access #7 (EW)  Project Access #8 (NS) at: Grand Avenue (EW)  Briggs Road (NS) at: Project Access #9  Project Access #10 (NS) at: McCall Boulevard 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. 199. Traffic Study Required. Site specific traffic studies will be required for all subsequent implementing projects within the boundaries of Specific Plan No. 301 Amendment No. 2 in accordance with Traffic Study Guidelines. Subsequent traffic studies shall monitor development within the specific plan and its associated trip generation. 55 200. Lane Geometrics. The traffic study indicates that additional right-of-way and widening may be required for the following intersection geometrics beyond what is required according to the General Plan street classification. Prior to the approval of any project contiguous to the intersections the project design and exhibits shall reflect the following geometric requirements: Menifee Road (NS)/SR-74 (EW) Northbound: Two left turn lanes, three through lanes, one right turn lane. Southbound: Two left turn lanes, three through lanes, one right turn lane. Eastbound: One left turn lane, four through lanes. Westbound: Two left turn lanes, four through lanes. --------------------------------------------------------------------------------------------------------- Menifee Road (NS)/McLaughlin Road (EW) Northbound: One left turn lane, three through lanes, one right turn lane. Southbound: One left turn lane, three through lanes. Eastbound: One left turn lane, one through/right turn lane. Westbound: One left turn lane, one through/right turn lane. --------------------------------------------------------------------------------------------------------- Menifee Road (NS)/Loop Road (EW) Northbound: Three through lanes. Southbound: One left turn lane, three through lanes. Eastbound: NA Westbound: One left turn lane, one right turn lane. --------------------------------------------------------------------------------------------------------- Menifee Road (NS)/McCall Boulevard (EW) Northbound: Two left turn lanes, three through lanes. Southbound: Two left turn lanes, three through lanes, one right turn lane. Eastbound: Two left turn lanes, three through lanes, one right turn lane. Westbound: Two left turn lanes, three through lanes. --------------------------------------------------------------------------------------------------------- Menifee Road (NS)/Grand Avenue (EW) Northbound: Three through lanes Southbound: Two left turn lanes, two through lanes Eastbound: N/A Westbound: One left turn lane, one right turn lane --------------------------------------------------------------------------------------------------------- Menifee Road (NS)/Simpson Road (EW) Northbound: Three though lanes, one right turn lane Southbound: Two left turn lanes, three through lanes 56 Eastbound: N/A Westbound: one left turn lane, one right turn lane --------------------------------------------------------------------------------------------------------- Briggs Road (NS)/SR-74 (EW) Northbound: Two left turn lane, two through lanes, one right turn lane. Southbound: Two left turn lanes, two through lanes. Eastbound: Two left turn lane, four through lanes, one right turn lane Westbound: Two left turn lanes, four through lanes, one right turn lane. --------------------------------------------------------------------------------------------------------- Briggs Road (NS)/McCall Boulevard (EW) Northbound: Two left turn lanes, three through lanes. Southbound: Two left turn lanes, three through lanes. Eastbound: Two left turn lanes, three through lanes, one right turn lane. Westbound: Two left turn lanes, three through lanes, one right turn lane. --------------------------------------------------------------------------------------------------------- Briggs Road (NS)/Simpson Road (EW) Northbound: One left turn lane, three through lanes. Southbound: Two left turn lane, three through lanes. Eastbound: One left turn lane, two through lanes. Westbound: One left turn lanes, two through lanes, one right turn lane. --------------------------------------------------------------------------------------------------------- Briggs Road (NS)/McLaughlin Road (EW) Northbound: One left turn lane, two through lanes, one right turn lane. Southbound: Two left turn lanes, two through lanes Eastbound: One left turn lane, two through lanes Westbound: One left turn lane, two through lanes --------------------------------------------------------------------------------------------------------- Said projects shall also include a condition of approval that requires the above geometrics to be improved prior to recordation of any subdivision or the issuance of building permits for all other projects. Prior to Map Recordation: 201. Improvement Plans. 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 PW/Engineering Department. Completion of road improvements does not imply acceptance for maintenance by City. 57 202. Off-Site Info. 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. 203. Easements. 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. 204. Access Restriction. Lot access shall be restricted on McCall Boulevard, Briggs Road, Grand Avenue, Heritage Lake Drive, and Street "W" and so noted on the final map. 205. Striping Plan. A signing and striping plan is required for this project. The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Traffic Engineer. 206. Street Name Sign. The land divider shall install street name sign(s) in accordance with City adopted County Standard No. 816 as directed by the PW/Engineering Department. 207. Street Design/Improvement Concept. The street design and improvement concept of this project shall be coordinated with TR34180 and the City of Menifee. 208. Landscaping. The project proponent shall comply in accordance with landscaping requirements within public road rights-of-way, in accordance with Ordinance 461. Landscaping shall be improved within McCall Boulevard, Briggs Road, Grand Avenue, Heritage Lake Drive, Street "W" and all entry streets. Landscaping plans shall be submitted on standard City Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. If landscaping maintenance to be annexed to City Service Area, 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. 209. Soils 2. The developer/owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of-way. 210. Intersection/50’ Tangent. All centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50' tangent, measured from flowline/curbface or as approved by the City Engineer. 211. Riverside Transit Authority. The land divider shall comply with the Riverside Transit Authority recommendations. 212. Streetlight Plan. A separate street light plan is required for this project. Street lighting shall be designed in accordance with current City standard plans and specifications for LS3 lights. 58 213. Streetlight Design as LS-3 Rate Lights – All public streetlights, other than traffic signal safety lights, shall be designed as LS-3 rate lights in accordance with approved City standards and specifications, and as determined by the PW Director. 214. Onsite and Offsite Public Streetlights Ownership and Maintenance – All proposed public street lights shall be designed in accordance with City approved standards and specifications, as determined and approved by the PW Director. Unless determined otherwise by the PW Director/City Engineer, the City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and therefore shall be provided with adequate service points for power. The design shall be incorporated in the project’s street improvement plans or in a separate street light plan or as determined and approved by the PW Director. 215. 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. 216. 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 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. 217. Public Street Light 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. 218. Corner Cut Back. All corner cutbacks shall be applied per City adopted County 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. 219. Utility Plan. Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with City adopted County Ordinance 460 and 461, or as approved by the PW/Engineering Department. The applicant is responsible for coordinating the work with the serving utility company. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A disposition note describing the above shall be reflected on design 59 improvement plans whenever those plans are required. A written proof for initiating the design and/or application of the relocation issued by the utility company shall be submitted to the PW/Engineering Department for verification purposes. 220. Dedications. Interior streets are designated as local streets and shall be improved with 36' full-width AC pavement, 6" concrete curb and gutter, and 5' sidewalk within the 56' full-width dedicated right-of-way in accordance with County Standard No. 105, Section "A". (36'/56') NOTE: A 5'sidewalk shall be constructed adjacent to the right-of-way line within the 10' parkway. Street "L", "K", "X", "RR", "ZZ", and "AAA" (Entry) are designated as a local entry road and shall be improved with 50' full-width AC pavement, 6" concrete curb and gutter, and 6' sidewalk within the 80' full-width dedicated right-of-way in accordance with County Standard No. 103, Section "A". (50'/80') (Modified) NOTE: A 6'sidewalk shall be constructed adjacent to the right-of-way line within the 15' parkway. A 10' landscaped entry median shall be constructed at the centerline of the street. Street "A", "SS", "Z", and "DDD" (Entry) are designated as a local entry road and shall be improved with 46' full-width AC pavement, 6" concrete curb and gutter, and 6' sidewalk within the 76' full-width dedicated right-of-way in accordance with County Standard No. 103, Section "A". (46'/76') (Modified) NOTE: A 6'sidewalk shall be constructed adjacent to the right-of-way line within the 15' parkway. A 6' landscaped entry median shall be constructed at the centerline of the street. Street "W" (Entry) is designated as a local entry road and shall be improved with 50' full-width AC pavement, 6" concrete curb and gutter and 6' sidewalk within the 90' full-width dedicated right-of-way in accordance with County Standard No. 103, Section "A". (50'/90') (Modified) NOTE: A 6'sidewalk shall be constructed adjacent to the right-of-way line within the 15' parkway. A 6' landscaped entry median shall be constructed at the centerline of the street. Heritage Lake Lane along project boundary is designated as an Industrial Collector road and shall be improved with 56' full-width AC pavement, 6" concrete curb and gutter, and 6' sidewalk within the 105' full-width dedicated right-of-way in accordance with County Standard No. 111. (56'/105') (Modified) 60 NOTE: A 6' sidewalk and a 5' D.G. trail within a 32' parkway, on one side; and a 6' sidewalk on the other side within a 17' parkway shall be constructed per County Standard No. 404 and 405, as shown on Amended No. 2 exhibit, or as approved by the Director of PW/Engineering. McCall Boulevard along project boundary is designated as an Urban Arterial Highway and shall be improved with 110' to 123' full-width AC pavement, 8" concrete curb and gutter, 8" curbed edge of pavement landscaped median, and 5' meandering sidewalk within the 152' to 165' full-width dedicated right-of-way in accordance with County Standard No. 91. (110' to 123'/152' to 165'), Sheet 1 of 2 and 2 of 2. NOTE: A 5' sidewalk and a 5' D.G. trail shall be constructed within the parkways per County Standard No. 404 and Standard No. 405 as shown on Amended No. 2 exhibit, or as approved by the Director of PW/Engineering. 221. Part-Width Improvement. Heritage Lake Lane along project boundary (from Grand Avenue northerly to Lot No. 44) and from Street "DDD" to westerly tract boundary) is designated as an Industrial Collector road and shall be improved with 46' part-width AC pavement, 6" concrete curb and gutter, and 6' sidewalk within the 66' to 81' part-width dedicated right-of-way in accordance with County Standard No. 111. (Modified) NOTE: A 6' meandering sidewalk from Street "DDD" to westerly tract boundary within the 17' parkway; and a 6' sidewalk and a 5' D.G. trail from Grand Avenue northerly to Lot No.44 within the 32' parkway, shall be constructed in accordance with a County Standard No. 404 and 405 as shown on Amended No. 2 exhibit or as approved by the Director of PW/Engineering. (Modified) Briggs Road along project boundary is designated as a Major Highway and shall be improved with 50' to 67' part-width AC pavement, 8" concrete curb and gutter, and 5' sidewalk (project side) within the 74' to 91' part-width dedicated right-of-way in accordance with County Standard No. 93. (50' to 67' /74' to 91') NOTE: A 5' sidewalk shall be constructed within the 21' parkway in accordance with County Standard No. 404. Grand Avenue along project boundary is designated as a Secondary Highway and shall be improved with 44' part-width AC pavement, 6" concrete curb and gutter, and 5' sidewalk within the 65' part-width dedicated right-of-way in accordance with County Standard No. 94. NOTE: A 5' sidewalk shall be constructed 9' from curb line within the 18' parkway. 222. Rail Crossing. The applicant shall be responsible for the design and the improvement including the bonding of at-grade railroad crossing on Briggs Road located at the northeast corner of the tract. The applicant shall obtain a prior design approval from "RCTC" and the City of Menifee PW/Engineering Department. 61 223. Traffic Signal Design. The project proponent shall be responsible for the design of traffic signals at the intersections of: Loop Road East (NS)/McCall Boulevard (EW) with no credit given for Traffic Signal Mitigation Fees Briggs Road (NS)/McCall Boulevard (EW) with fee credit up to an amount not to exceed the lesser of the cost of signal installation or Traffic Signal Reimbursement Program reimbursement maximum or as approved by the PW/Engineering Department Installation of the signals shall be per 90.TRANS.8. 224. Traffic Signal Geometrics. The intersection of Sherman Road (NS) and McCall Boulevard (EW) shall provide the following geometrics: Northbound: one left turn lane, one through lane, one right turn lane Southbound: one shared left turn/through lane Eastbound: one left turn lane, one through lane, one shared through/right turn lane Westbound: one left turn lane, one through lane, one shared through/right turn lane The intersection of Heritage Lake Drive (East) (NS) and McCall Boulevard (EW) shall provide the following geometrics: Northbound: one left turn lane, one shared through/right turn lane Southbound: one left turn lane, one shared through/right turn lane Eastbound: one left turn lane, three through lanes Westbound: one left turn lane, three through lanes The intersection of Heritage Lake Drive (NS) and Grand Avenue (EW) shall provide the following geometrics: Northbound: one left turn lane, one shared through/right turn lane Southbound: one left turn lane, one shared through/right turn lane Eastbound: one left turn lane, one shared through/right turn lane Westbound: one left turn lane, one shared through/right turn lane The intersection of Briggs Road (NS) and McCall Boulevard (EW) shall provide the following geometrics: Northbound: two left turn lanes, one through lane Southbound: two left turn lanes (to be striped out), two through lanes, one right turn lane Eastbound: two left turn lanes, three through lanes, one right turn lane Westbound: n/a The intersection of Briggs Road (NS) and Grand Avenue (EW) shall provide the following geometrics: Northbound: one left turn lane, one through lane Southbound: one through lane, one shared through/right turn lane Eastbound: one left turn lane, one right turn lane Westbound: n/a 62 The intersection of Heritage Lake Drive (NS) and Project Access #1 (Street "DDD/Z") (EW) shall provide the following geometrics: Northbound: one left turn lane, one shared through/right turn lane Southbound: one left turn lane, one shared through/right turn lane Eastbound: one left turn lane, one shared through/right turn lane Westbound: one left turn lane, one shared through/right turn lane The intersection of Project Access #2 (Street "W/X") (NS) and McCall Boulevard (EW) shall provide the following geometrics: Northbound: one left turn lane, one shared through/right turn lane Southbound: one left turn lane, one shared through/right turn lane Eastbound: one left turn lane, three through lanes, one right turn lane Westbound: one left turn lane, three through lanes, one right turn lane The intersection of Heritage Lake Drive (NS) and Project Access #3 (Street "AAA/RR")(EW) shall provide the following geometrics: Northbound: one left turn lane, one shared through/right turn lane Southbound: one left turn lane, one shared through/right turn lane Eastbound: one left turn/right turn lane Westbound: one left turn/right turn lane The intersection of Heritage Lake Drive (NS) and Project Access #5 (Street "SS") (EW) shall provide the following geometrics: Northbound: one shared through/right turn lane Southbound: one left turn lane, one through lane Eastbound: n/a Westbound: one left turn/right turn lane The intersection of Heritage Lake Drive (NS) and Project Access #6 (Commercial Project Access Driveway) (EW) shall provide the following geometrics: Northbound: one shared through/right turn lane Southbound: one left turn lane, one through lane Eastbound: n/a Westbound: one shared left turn/right turn lane The intersection of Heritage Lake Drive (NS) and Project Access #7 (Street "K/L") (EW) shall provide the following geometrics: Northbound: one left turn lane, one shared through/right turn lane Southbound: one left turn lane, one shared through/right turn lane Eastbound: one shared left turn/through/right turn lane Westbound: one shared left turn/through/right turn lane The intersection of Project Access #8 (Street "A") (NS) and Grand Avenue (EW) shall provide the following geometrics: Northbound: n/a Southbound: one shared left turn/right turn lane Eastbound: one left turn lane, one through lane Westbound: one shared through/right turn 63 lane The intersection of Briggs Road (NS) and Project Access #9 (Street "ZZ") (EW) shall provide the following geometrics: Northbound: one left turn lane, one through lane Southbound: one shared through/right turn lane Eastbound: one shared left turn/right turn lane Westbound: n/a The intersection of Project Access #10 (Commercial Project Access Driveway) (NS) and McCall Boulevard (EW) shall provide the following geometrics: Northbound: n/a Southbound: one right turn lane Eastbound: three through lanes Westbound: three through lanes NOTE: This driveway will be limited to right-in/right-out access only. Left turns will be prohibited. The intersection of Briggs Road (NS) and Simpson Road (EW) shall provide the following geometrics: Northbound: one left turn lane, one through lane Southbound: two left turn lanes, one through lane, one right turn lane Eastbound: one left turn lane, two through lanes Westbound: one left turn lane, two through lanes, one right turn lane or as approved by the PW/Engineering Department. Any off-site widening required to provide these geometrics shall be the responsibility of the landowner/developer. All intersection spacing for individual tracts or maps shall conform to the minimum County intersection spacing standards. All turn pocket lengths shall conform at least to the minimum County turn pocket length standards. If any of the proposed improvements are found to be infeasible, the applicant will be required to provide alternative feasible improvements to achieve levels of service satisfactory to the City of Menifee Traffic Engineer. 225. Acceptance of Public Roadway Dedication and Improvements. Easements and right-of way for public roadways shall be granted to the City of Menifee through final map, or other acceptable recordable instrument. Prior to Building Permit Issuance: 226. Demand Management Program. The proposed project will be a substantial traffic generator. As such, the project proponent shall incorporate such demand management programs as may be appropriate to comply with the goals and objectives of the Regional Mobility Plan, Air Quality Management Plan, and Congestion Management Program, including: 64 a. The establishment of an on-site rideshare program. b. The provision of on-site park-and-ride facilities. c. Design provisions to accommodate transit services. All as approved and confirmed by the Director of Public Works. 227. Regional Coordination. Prior to the issuance of any building permits, the project proponent shall consult with and obtain clearance from the following agencies to assure compliance and coordinate with the Regional Mobility and Air Quality Management Plans and Congestion Management Program: a. Caltrans, District 8 b. Riverside Transit Authority (RTA) Confirmation of such contact and coordination shall be provided to the PW/Engineering Department. 228. Improvement Funding. Prior to the recordation of any subdivision for any portion of Specific Plan No. 301, a funding mechanism shall be established for regional improvements including the following, or the improvements must be scheduled for construction with funding assured: I-215 Fwy SB Ramps/SR-74 - Bonnie Drive I-215 Fwy NB Ramps/SR-74 I-215 Fwy SB Ramps/Ethanac Road I-215 Fwy NB Ramps/Ethanac Road I-215 Fwy SB Ramps/Rouse Road I-215 Fwy NB Ramps/Rouse Road I-215 Fwy SB Ramps/McCall Boulevard I-215 Fwy NB Ramps/ McCall Boulevard I-215 Fwy SB Ramps/Newport Road I-215 Fwy NB Ramps/Newport Road Said projects shall also include a condition of approval that requires the above funding mechanism to be established prior to recordation of any subdivision or the issuance of building permits for all other projects. 229. CETAP Corridors. The following are identified as corridors along the project frontage on the "Draft Alternatives Development Report for Winchester to Temecula Corridor" for the CETAP process: 1. SR 74 (Pinacate Road) from Menifee Road to Briggs road. 2. Mathews Road from Ethanac Road (SR 74) to Briggs Road, and from Briggs Road from Mathews Road to Simpson Road. In the event that one or a combination of these corridors are adopted as a CETAP corridor, this project shall set aside the necessary right-of-way to accommodate a 300-foot corridor (without frontage roads), or a 400-foot corridor (with frontage roads), or a transit corridor as determined by the final adopted CETAP corridor, and, if necessary, redesign the Specific Plan accordingly. In the interim, no permanent construction shall be allowed in the area of the potential CETAP corridors along Winchester Road and Scott Road 65 until a final decision is made with respect to corridor adoption, or until three years after approval of the Specific Plan, whichever is earlier. 230. Traffic Signal Funding. A Specific Plan Mitigation funding mechanism shall be established for this project. This fund shall be specific to this project and shall be established to accrue fees for installation of traffic signals that mitigate impacts specific to this project, in addition to fees collected through the DIF. In general, the following intersections have been identified as requiring signalization due exclusively to the specific plan and would not qualify for credit: Menifee Road (NS)/ Planning Area 6 Menifee Road Menifee Road(NS)/McLaughlin Road (EW) Menifee Road (NS)/Rouse Road (EW) Menifee Road (NS)/Loop Road (EW) Menifee Road (NS)/Grand Avenue (EW) Menifee Road (NS)/Planning Area 40 Malaga Road (NS)/SR-74 (EW) Loop Road West (NS)/McCall Boulevard (EW) Planning Area 20/25/McCall Boulevard (EW) Loop Road East (NS)/McCall Boulevard (EW) Lindenberger Road (NS)/Simpson Road (EW) Briggs Road (NS)/Planning Area 12 Briggs Road Briggs Road (NS)/Planning Area 18 Briggs Road (NS)/Grand Avenue (EW) Briggs Road (NS)/Planning Area 31/32 Simpson Road (NS)/Lindenberger Road (EW) Prior to Certificate of Occupancy: 231. Driveways and Driveway Approaches. Driveways and Driveway Approaches shall be designed and constructed per City of Menifee 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, the proposed driveway as shown on the proposed Plot Plan shall be constructed. Additional driveways will only be permitted upon approval by the City Public Works Director/City Engineer. 232. 80% Completion. Occupancy releases will not be issued to Building and Safety for any lot exceeding 80% of the total recorded residential lots within any map or phase of map prior to completion of the following improvements: a) Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. b) Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All 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 Flood Control District, if applicable, is required. d) Water system, including fire hydrants, shall be installed and operational, 66 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. 233. WRCOG – TUMF. Prior to the issuance of an occupancy permit, the project proponent shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to Ordinance No. 824. 234. Install Street Lights. Install streetlights along the streets associated with development in accordance with the approved City standards 1000-1006. Streetlight annexation into CFD or similar mechanism as approved by the PW/Engineering 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). 235. Street Sweeping. Street sweeping annexation or inclusion into CFD or similar mechanism as approved by the City Engineer. 236. Utility Install. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with City adopted County Ordinance 460 and 461, or as approved by the PW/Engineering Department. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A certificate should be obtained from the pertinent utility company and submitted to the Department of PW/Engineering as proof of completion. 237. Traffic Signal Install. The project proponent shall be responsible for the construction and installation of traffic signals at the following locations: Loop Road East (NS)/McCall Boulevard (EW) with no credit given for Traffic Signal Mitigation Fees Briggs Road (NS)/McCall Boulevard (EW) with fee credit up to an amount not to exceed the lesser of the cost of signal installation or Traffic Signal Reimbursement Program reimbursement maximum or as approved by the PW/Engineering Department. 67 E. NPDES AND WQMP – GENERAL All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 238. Trash Enclosures Standards and Specifications. Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e) The enclosure area shall be protected from receiving direct rainfall or run- on from collateral surfaces. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. 239. SWRCB, Trash Amendments. The State Water Resources Control Board, Resolution adopted an amendment to the Water Quality Control Plan for ocean waters of California to control trash, and Part 1 Trash Provisions of the Water Quality Control Plan for inland surface waters, enclosed bays, and estuaries of 68 California. Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined as within Priority Land Uses as defined in the amendment, shall provide full trash capture devices in all new catch basins and existing catch basins to which this development will be tributary to. Devices shall meet the requirement of the new Trash Amendment Prior To Grading Permit Issuance: 240. Final Project Specific Water Quality Management Plan (Final WQMP). Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: a) Hydrology/hydraulics report b) Soils Report that includes soil infiltration capacity c) Limited Phase II Environmental Site Assessment Report, as may be required by an approved Phase I ESA Report 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. 241. 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. 242. 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: 243. WQMP/BMP Education. Prior to issuance of Certificate of Occupancy, the developer/project owner shall provide the City proof of notification to future occupants of all non-structural BMP’s and educational and training 69 requirements for said BMP’s as directed in the approved WQMP. Acceptable proof of notification must be in the form of a notarized affidavit at the minimum. The developer may obtain NPDES Public Educational Program materials from the Riverside County Flood Control and Water Conservation District's (District) NPDES Section by either the District's website www.floodcontrol.co.riverside.ca.us. The developer must provide to the PW Engineering Department a notarized affidavit stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits. A copy of the notarized affidavit must be placed in the WQMP. The PW Engineering Department MUST be provided with the original notarized affidavit with 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. 244. Inspection of BMP Installation. Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and/or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site for in a City maintained database for future periodic inspection. 245. BMP Maintenance and 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. F. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015- 2- GENERAL Prior to Recordation of Final Map 246. 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 70 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. 247. 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. 248. 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. 249. 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 for review and approval by the PW Engineering Department. 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 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. 250. 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. 251. 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. 252. 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 71 253. 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 254. ADP Fees. Tract 34406-3 &-6 are located within the limits of the Homeland/Romoland Area Drainage Plan for which the Riverside County Flood Control District ADP 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 Issuance of Certificate of Occupancy 255. 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. 72 Section V: Riverside County Fire Department Conditions of Approval 73 General Conditions 256. 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. 257. Blue Dot Reflectors. Blue retroreflective 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 Department 258. Water Mains. All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of City of Menifee Ordinance No. 460 (Subdivisions) and/or No. 787 (Fire Code), subject to the approval by the Riverside County Fire Department. 259. Hydrant / Spacing. Schedule A fire protection approved standard fire hydrants, (6"x4"x2 1/2") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1,000 GPM for 2 hour duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 1,000 feet apart 260. Addressing. The address will be clearly visible from public roadway. Prior to Final Map Recordation 261. ECS-Roofing Material. ECS map must be stamped by the Riverside County Surveyor with the following note: All buildings shall be constructed with class "A" material as per the California Building Code 262. 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. 263. ECS-Water Prior to Combustibles. Ecs map must be stamped by the Riverside County Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. 264. 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 have concurrence and approval of both the Transportation Department and the Riverside County Fire Department. 74 Prior to Building Permit Issuance 265. 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 and/or secondary. Approved water plans must be at the job site. 266. 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, 2016 Edition. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. Prior to Final Inspection 267. Verification Inspection. Prior to moving into the residence you shall contact the Riverside County Fire Department to schedule an inspection for the items that were shown at the building permit issuance (i.e., access, addressing, water system, and/or fuel modification. 268. 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, 2016 Edition. Installation of the fire sprinklers will be verified prior to issuance of occupancy. 75 Section VI: Riverside County Environmental Health Conditions of Approval 76 General Conditions 269. Eastern Municipal Water District. Eastern Municipal Water District (EMWD) potable water service and sanitary sewer service is proposed. It is the responsibility of the developer to ensure that all other requirements to obtain potable water service and sanitary sewer service are met with EMWD, as well as, all other applicable agencies. As the agency providing sewer service, EMWD shall also have the responsibility to implement any grease interceptor requirements, including sizing capacity and other structural specifications if necessary. All existing septic systems and/or wells shall be properly removed or abandoned under permit with DEH. General Conditions 270. Map Any Existing Wells or Septic. Any existing water wells that will not be maintained must be sealed and destroyed under permit with the Department of Environmental Health. Any existing septic systems must similarly be abandoned/destroyed under permit with the Department. Prior to Building Permit Issuace 271. Water/Sewer Will Serve. A "will-serve" letter from the appropriate water and sewer company/district shall be required to Environmental Health along with the filing fee in effect at the time of submittal. 77 The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date _______________________________________________ ___________________ Name (please print) Title (please print)