PC18-371 EXHIBIT “A”
Conditions of Approval for
Tentative Tract Map No. 28786
per Extension of Time Nos. 2016-221 and 2017-336
for a Residential Subdivision of 24.1 acres into 72
Single Family Residential Lots and 2 Open Space
Lots
Section I: Conditions applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Section III: Public Works and Engineering Conditions of
Approval
Section IV: Riverside County Fire Department
Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
Section VII: Community Services Department Conditions
of Approval
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Section I:
Conditions Applicable to all
Departments
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General Conditions
1. Project Description. The land division hereby permitted is a Schedule “A”
subdivision of 24.1 acres into 72 single family residential lots with a 7,200 sq. ft.
minimum lot size and 2 open space lots.
2. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative Tract Map No. 28786 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. 28786, Amended No. 4 dated
June 20, 2000.
EXHIBIT NO. “F” = Exhibit No. F, dated October 16, 2000, to Tentative Map
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
3. Previous Conditions of Approval. These Conditions of Approval and the
subsequent new conditions from the City of Menifee supersede all previous
conditions of approval placed on Tentative Tract Map No. 28786 and all
previous conditions of approval are rendered null and void.
4. Conditions in Construction Drawings. Any submittal of construction
drawings, grading plans, improvement plans, etc. shall include a copy of these
conditions of approval (in full) immediately following the cover sheet of such
plans.
5. Ninety (90) Days to Protest. The land divider has ninety (90) days from the
date of approval of these conditions to protest, in accordance with the
procedures set forth in Government Code Section 66020, the imposition of any
and all fees, dedications, reservations and/or other exactions imposed on this
project as a result of the approval or conditional approval of this project.
6. 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
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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.
7. 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.
8. Specific Plan Compliance. The land divider, or any successor-in-interest to
the land divider, shall comply with the provisions of Specific Plan No. 140.
9. 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.
Action on a minor change and/or revised map request shall not extend the time
limits of the originally approved TENTATIVE MAP. A hold shall be placed on
the TENTATIVE MAP, and a hold shall be placed on any subsequent minor
change or revised map, which shall be set to take effect on the expiration date.
The hold effective date shall be extended in accordance with any permitted
extensions of time. The hold shall be downgraded to a notice upon recordation
of the first phase of the TENTATIVE MAP. The hold or notice shall remain in
effect until the recordation of the final phase of the TENTATIVE MAP. If the
TENTATIVE MAP expires before the recordation of the final phase the hold or
notice shall remain in effect and no further FINAL MAP recordation shall be
permitted.
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Section II:
Community Development
Department
Conditions of Approval
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General Conditions
10. Map Act Compliance. This land division shall comply with the State of
California Subdivision Map Act and to all requirements of Ordinance No. 460,
Schedule A, unless modified by the conditions listed herein.
11. Fees for Review. Any subsequent review/approvals required by the conditions
of approval, including but not limited to grading or building plan review or
review of any mitigation monitoring requirement, shall be reviewed on an hourly
basis, or other appropriate fee, as listed in County Ordinance No. 671. Each
submittal shall be accompanied with a letter clearly indicating which condition
or conditions the submittal is intended to comply with.
12. 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 the individual home owners, a
homeowners association, or any other successor-in-interest.
13. 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.
14. 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).
15. 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.
16. No Offsite Subdivision Signage. No offsite subdivision signs advertising this
land division/development are permitted, other than those allowed under
Menifee Municipal Code Chapter 9.76. 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.
17. Design Standards. The design standards for the subject parcel[s] are as
follows:
a. Lots created by this map shall conform to the design standards of the
Newport Estates Specific Plan No. 140.
b. The front yard setback is 20 feet.
c. The side yard setback is 5 feet.
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d. The street side yard setback is 10 feet.
e. The rear yard setback is 10 feet, except where a rear yard abuts a street,
then the setback shall be the same as the front yard setback, in
accordance with Section 21.77 of Ordinance No. 348.
f. The minimum average width of each lot is 60 feet.
g. The minimum average depth is 100 feet.
h. The maximum height of any building is 40 feet and shall not exceed
three stories.
i. The minimum parcel size is 7,200 square feet.
j. No more than 50% of the lot shall be covered by a dwelling.
k. Residential driveway approaches shall comply with Ordinance No. 461,
Standard No. 207.
l. Roadway landscaping is required for La Piedra.
m. This implementing map is conditioned to build a park in Planning Area
6C prior to the 300th building permit and Planning Area 6B prior to the
500th building permit
n. Development of this project shall conform substantially to the
architectural guidelines for the Newport Estates Specific Plan and the
Countywide Design Guidelines.
EXCEPT AS ALLOWED BY THE NEWPORT ESTATES SPECIFIC PLAN AND
ORDINANCE NO. 348, THERE SHALL BE NO ENCROACHMENT INTO THE
SETBACK.
18. NPDES Compliance. Since the project will disturb one (1) or more acres or is
part of a larger project that will disturb one acres or more, the land
divider/permit holder shall comply with all of the applicable requirements of the
National Pollution Discharge Elimination System (NPDES) and shall conform to
NPDES Best Management Practices for Stormwater Pollution Prevention Plans
during the life of this permit.
19. Ordinance No. 659 (DIF). 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 Riverside County Ordinance No. 659, which requires the
payment of the appropriate fee set forth in the Ordinance. Riverside County
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 Riverside County 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.
20. Ordinance No. 810 (Open Space). 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 Riverside County Ordinance No. 810, which
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requires payment of the appropriate fee set forth in the Ordinance. Riverside
County 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 Riverside County Ordinance No. 810 is rescinded, this condition
will no longer be applicable. However, should Riverside County 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.
21. Design Guidelines. The land divider shall comply with the Newport Estates
Specific Plan Architectural Guidelines. The land divider shall also comply with
the Countywide Design Standards and Guidelines adopted January 13, 2004.
22. Minor Plot Plans Required. For each of the below listed items, a minor plot
plan application shall be submitted and approved by the Community
Development Department pursuant to Section 18.30.a. (1) of County Ordinance
No. 348 (Plot Plans not subject to the California Environmental Quality Act and
not subject to review by any governmental agency other than the Community
Development Department) along with the current fee.
1) Final Site Development Plan for each phase of development.
2) Model Home Complex Plan shall be filed and approved for each phase if
models change between phases. A final site of development plot plan
must be approved prior to approval, or concurrent with a Model Home
Complex Plan.
3) Landscaping Plan for typical front yard/slopes/open space/parks. These
three plans may be applied for separately for the whole tract or for
phases.
4) Landscaping plans fully within the road right-of-way shall be submitted to
the PW/Engineering Department only.
5) Each phase shall have a separate wall and fencing plan.
6) Entry monument plan.
NOTE: The requirements of the above plot plans may be accomplished as one,
or, any combination of multiple plot plans required by these conditions of
approval. However, each requirement shall be cleared individually with the
applicable plot plan condition of approval in the prior to Building Permit
issuance conditions.
23. No Off-Road Uses Allowed. No off-highway vehicle use shall be allowed on
any parcel used for stockpiling purposes. The landowners shall secure all
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parcels on which a stockpile has been placed and shall prevent all off-highway
vehicles from using the property.
24. 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.
25. 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.
26. Lighting Hooded/Directed. Any outside lighting shall be hooded and directed
so as not to shine directly upon adjoining property or public rights-of-way.
ARCHEOLOGY/PALEONTOLOGY
27. If Human Remains Found. 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.
28. Inadvertent Archeological Find. If during ground disturbance activities,
cultural resources are discovered that were not assessed by the archaeological
report(s) and/or environmental assessment conducted prior to project approval,
the following procedures shall be followed. 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 find is determined to be a tribal
cultural resource 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. Any newly discovered cultural resources shall be subject to an
evaluation, in consultation with the Native American Tribe(s) and which
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will require, if not already prepared, the development of a treatment plan
and monitoring agreement for the newly discovered resources.
iii. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
iv. Grading or 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.
v. Treatment, mitigation and avoidance of the newly discovered resources
shall be consistent with the Cultural Resources Treatment and Monitoring
Agreement(s) entered into with the appropriate tribe(s). This may include
but is not limited to avoidance of the cultural resources through project
design, in-place preservation of cultural resources and/or re-burial on the
Project property so they are not subject to further disturbance in
perpetuity.
vi. 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, the definition for tribal cultural resources
under AB 52, and the 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.”
29. Inadvertent Paleontological Find. Should fossil remains be encountered
during site development:
1) All site earthmoving shall be ceased in the area of where the fossil
remains are encountered. Earthmoving activities may be diverted to
other areas of the site.
2) The applicant shall retain a qualified paleontologist approved by the
County of Riverside.
3) The paleontologist shall determine the significance of the encountered
fossil remains.
4) Paleontological monitoring of earthmoving activities will continue
thereafter on an as-needed basis by the paleontologist during all
earthmoving activities that may expose sensitive strata. Earthmoving
activities in areas of the project area where previously undisturbed strata
will be buried but not otherwise disturbed will not be monitored. The
supervising paleontologist will have the authority to reduce monitoring
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once he/she determines the probability of encountering any additional
fossils has dropped below an acceptable level.
5) If fossil remains are encountered by earthmoving activities when the
paleontologist is not onsite, these activities will be diverted around the
fossil site and the paleontologist called to the site immediately to recover
the remains.
6) Any recovered fossil remains will be prepared to the point of identification
and identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled
with museum* repository fossil specimen numbers and corresponding
fossil site numbers, as appropriate; places in specimen trays and, if
necessary, vials with completed specimen data cards) and catalogued, an
associated specimen data and corresponding geologic and geographic
site data will be archived (specimen and site numbers and corresponding
data entered into appropriate museum repository catalogs and
computerized data bases) at the museum repository by a laboratory
technician. The remains will then be accessioned into the museum*
repository fossil collection, where they will be permanently stored,
maintained, and, along with associated specimen and site data, made
available for future study by qualified scientific investigators.
*The City of Menifee must be consulted on the repository/museum to receive
the fossil material prior to being curated.
FEES
30. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research
fee), or other such review fee as may be in effect at the time of submittal, as
required by Resolution No. 13-320 (Cost of Services Fee Study), or any
successor thereto. Each submittal shall be accompanied with a letter clearly
indicating which condition or conditions the submittal is intended to comply
with.
Prior to Phasing
31. Lot Access/Unit Plans. Any proposed 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
32. 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
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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.
33. Final Map Preparer. The FINAL MAP shall be prepared by a licensed land
surveyor or registered civil engineer.
34. Surveyor Checklist. The City Engineering Department - Survey Division shall
review any FINAL MAP and ensure compliance with the following:
A. All lots on the FINAL MAP shall be in substantial conformance with the
approved TENTATIVE MAP relative to size and configuration.
B. All lots on the FINAL MAP shall comply with the minimum lot size of
7,200 sq. ft.
C. All lot sizes and dimensions on the FINAL MAP shall be in conformance
with the development standards of the Newport Estates Specific Plan
and with the General Plan.
D. All lots on the FINAL MAP shall comply with the length-to-width ratios,
as established by Section 3.8.C. of County Ordinance No. 460.
E. All knuckle or cul-de-sac lots shall have a minimum of thirty-five (35)
feet of frontage measured at the front lot line.
F. The common open space areas shall be shown as a numbered lot on
the FINAL MAP.
35. ECS. The land divider shall prepare an Environmental Constraints Sheet
(ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which
shall be submitted as part of the plan check review of the FINAL MAP. A note
shall be placed on the FINAL MAP “Environmental Constraint Sheet affecting
this map is on file at the City of Menifee Public Works and Engineering
Department, in E.C.S Book ___, Page ___ this affects all lots.”
36. ECS Note on Dark Sky Lighting. The following Environmental Constraints
Note shall be placed on the ECS:
"This property is subject to lighting restrictions as required by Menifee
Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended
to reduce the effects of night lighting on the Mount Palomar Observatory.
All proposed outdoor lighting systems shall be in conformance with
Menifee Municipal Code Chapter 6.”
37. ECS Exhibit. The constrained areas shall conform to the approved Exhibit E,
Environmental Constraints Exhibit, and shall be mapped and labeled on the
Environmental Constraint Sheet to the satisfaction of the Community
Development Department.
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38. ECS Note Map Constraint. The following Environmental Constraints Note
shall be placed on the ECS:
"No permits allowing any grading, construction, or surface alterations
shall be issued which effect the delineated constraint areas without
further investigation and/or mitigation as directed by the City of Menifee
Community Development Department. This constraint affects lots as
shown on the Environmental Constraints Sheet.”
Fee Balance. 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 land divider and/or
the land divider's successor-in-interest.
39. Maintenance Exhibit. Prior to map recordation, the developer shall prepare
an exhibit that shows all open space lots within the tract and the maintenance
entity for each lot. The exhibit shall be reviewed and approved by the
Community Development Department and Public Works and Engineering
Department.
40. Common Area Maintenance. Any common areas identified in the
TENTATIVE MAP shall be owned and maintained as follows:
a. A permanent master maintenance organization shall be established for
the tentative tract map area, to assume ownership and maintenance
responsibility for all common recreation, open space, circulation systems
and landscaped areas. The organization may be public (anticipated to
be CFD) or private (e.g., homeowners’ association). Merger with an
area-wide or regional organization shall satisfy this condition provided
that such organization is legally and financially capable of assuming the
responsibilities for ownership and maintenance. If the organization is a
private association, then neighborhood associations shall be established
for each residential development, where required, and such associations
may assume ownership and maintenance responsibility for
neighborhood common areas.
b. Unless otherwise provided for in these conditions of approval, common
open areas shall be conveyed to the maintenance organization as
implementing development is approved or any subdivision, as recorded.
c. The maintenance organization shall be established prior to or concurrent
with the recordation of the first land division.
41. Conditions, Covenants and Restrictions (Public Common Areas). If the
permanent master maintenance organization referenced in the condition
entitled "Common Area Maintenance" is a public organization, the applicant
shall convey to the public organization fee simple title, 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
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anticipated to be owned and maintained by a public organization include, but
are not limited to parks, paseos, and expanded parkway landscaping.
As a condition precedent to the public organization accepting title to such
areas, the applicant shall submit the following documents to the City of Menifee
Community Development Department for review along with the current fee,
which shall be subject to the approval of that department and the City Attorney:
1. A signed and notarized declaration of covenants, conditions and
restrictions; and,
2. A sample document, conveying title to the purchaser, of an individual lot
or unit which provides that the declaration of covenants, conditions and
restrictions is incorporated therein by reference; and,
3. A deposit equaling three (3) hours of the current hourly fee for Review of
Covenants, Conditions and Restrictions established pursuant to the City’s
fee schedule at the time the above referenced documents are submitted
to the Community Development Department for review by the City
Attorney.
The declaration of covenants, conditions and restrictions submitted for review
shall a) provide for a minimum term of sixty (60) years, b) provide for the
establishment of a property owners' association comprised of the owners of
each individual lot or unit as tenants in common, and c) contain the following
provisions verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the
following provisions shall apply:
The property owners' association established herein shall, if dormant, be
activated, by incorporation or otherwise, at the request of the City, and
the property owners' association shall unconditionally accept from the City
of Menifee, upon the City’s demand, title to all or any part of the 'common
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
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subsequent to the notice of assessment or other document creating the
assessment lien.
This declaration shall not be terminated, 'substantially' amended, or
property de-annexed therefrom absent the prior written consent of the
Community Development Director of the City of Menifee or the City's
successor-in-interest. A proposed amendment shall be considered
'substantial' if it affects the extent, usage or maintenance of the 'common
area' established pursuant to this Declaration.
In the event of any conflict between this Declaration and the Articles of
Incorporation, the Bylaws, or the property owners' association Rules and
Regulations, if any, this Declaration shall control."
Once approved by the City Attorney, the declaration of covenants,
conditions and restrictions shall be recorded by the Community
Development Department with one copy retained for the case file, and
one copy provided to the City Engineering Department - Survey Division.
42. Conditions, Covenants and Restrictions (Private Common Areas). The
common areas anticipated to be owned and maintained by a private
organization include, but are not limited to parks, expanded parkway
landscaping and slope areas. The land divider shall submit to the City Attorney
(via the Community Development Department) for review and approval the
following documents:
(a) A cover letter identifying the project for which approval is sought
referencing the Planning Division case number(s) and identifying one
individual to represent the land divider if there are any questions
concerning the review of the submitted documents;
(b) One copy and one original, wet signed, notarized and ready for
recordation declaration of covenants, conditions, and restrictions
(CC&Rs). Attached to these documents there shall be included a legal
description of the property included within the CC&Rs and a scaled map
or diagram of such boundaries, both signed and stamped by a California
registered civil engineer or licensed land surveyor.
(c) The declaration of CC&Rs submitted for review shall cover all map
phases, as follows:
(i) Provide for a minimum term of sixty (60) years;
(ii) Provide for the establishment of a property owner's association
comprised of the owners of each individual lot or unit; and
(iii) Provide for the ownership of the common area by either the
property owner's association or a permanent public master
maintenance organization.
(d) The declaration of CC&Rs shall contain the following provisions verbatim:
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(i) ”Notwithstanding any provision in this Declaration to the contrary,
the following provisions shall apply:
- The property owners' association established herein shall
manage the 'common areas', more particularly described on
the subdivision map, attached hereto, and shall not sell or
transfer the 'common areas' or any part thereof, absent the
prior written consent of the Community Development
Department of the City of Menifee.
- The property owners' association shall have the right to assess
the owners of each individual lot or unit for the reasonable cost
of managing such 'common area', and shall have the right to
lien the property of any such owner who defaults in the
payment of a management assessment. The property owners'
association established herein shall regulate individual private
lot development standards.
- The owners of each individual lot shall be responsible for
maintaining all landscaping between the curb of the street and
the proposed sidewalk and side yard landscaping between the
curb of the street and proposed fencing, unless the
landscaping is located within a separate common lot.
- An assessment lien, once created, shall be prior to all other
liens recorded subsequent to the notice of assessment or
other document creating the assessment lien.
- This Declaration shall not be terminated, 'substantially'
amended, or property de-annexed there from absent the prior
written consent of the Community Development Director of the
City of Menifee.”
(ii) A proposed amendment shall be considered 'substantial' if it
affects the extent, usage, or maintenance of the 'common area'
established pursuant to the Declaration.”
(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
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Water Conservation District and shall be distributed by the
properties owners' association. These materials shall address
good housekeeping practices associated with residential
developments, such as:
- Where improper disposal of trash has occurred, the property
owners' association shall take corrective action within forty-
eight hours of discovery (BMP N5).
- The street(s) and parking lot(s), more particularly described on
the subdivision map, shall be swept by the property owners'
association at least once a year and shall be swept no later
than October 15th of each year (BMP N6).
(e) The City shall be named as a third party beneficiary in the CC&Rs.
(f) Once approved, the copy and the original declaration of CC&Rs shall be
forwarded by the City Attorney and the Community Development
Department. The Community Development Department will retain the one
copy for the case file, and forward the wet signed and notarized original
declaration of covenants, conditions and restrictions to the City Engineer
for safe keeping until the final map is ready for recordation. The City
Engineer shall record the original declaration of CC&Rs in conjunction
with the recordation of the final map.
(g) A sample document conveying title to the purchaser of an individual lot or
unit which provides that the declaration of CC&Rs is incorporated therein
by reference; and
(h) A deposit equaling three hours of the current hourly fee for the review of
the CC&Rs established pursuant to the City’s fee schedule at the time the
above referenced documents are submitted to the City Attorney for review
and approval.
FEES
43. Fees. Prior to recordation, the Community Development Department shall
determine if the deposit based fees for the TENTATIVE MAP are in a negative
balance. If so, any unpaid fees shall be paid by the developer/owner and/or the
developer/owner's successor-in-interest.
Prior to Issuance of Grading Permits
44. Slope Grading Techniques. The land divider/permit holder shall cause
grading plans to be prepared which show all cut slopes located adjacent to
ungraded natural terrain and exceed ten (10) feet in vertical height to be
contour-graded incorporating the following grading techniques: 1. The angle of
the graded slope shall be gradually adjusted to the angle of the natural terrain.
2. Angular forms shall be discouraged. The graded form shall reflect the natural
rounded terrain. 3. The toes and tops of slopes shall be rounded with curves
with radii designed in proportion to the total height of the slopes where
drainage and stability permit such rounding. 4. Where cut and/or fill slopes
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exceed 300 feet in horizontal length, the horizontal contours of the slope shall
be curved in a continuous, undulating fashion.
45. Stephens’ Kangaroo Rat (SKR) Fees. Prior to the issuance of a grading
permit, the land divider/permit holder shall comply with the provisions of
Riverside County Ordinance No. 663, which generally requires the payment of
the appropriate fee set forth in that ordinance. The amount of the fee required
to be paid may vary depending upon a variety of factors, including the type of
development application submitted and the applicability of any fee reduction or
exemption provisions contained in Riverside County Ordinance No. 663. Said
fee shall be calculated on the approved development project which is
anticipated to be 68.61 acres (gross) in accordance with the TENTATIVE MAP.
If the development is subsequently revised, this acreage amount may be
modified in order to reflect the revised development project acreage amount. In
the event Riverside County Ordinance No. 663 is rescinded, this condition will
no longer be applicable. However, should Riverside County Ordinance No. 663
be rescinded and superseded by a subsequent mitigation fee ordinance,
payment of the appropriate fee set forth in that ordinance shall be required.
46. Fee Balance. 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.
47. Grading Plan Review. The land divider/permit holder shall cause a plan check
application for a grading plan to be submitted to the Engineering Department
for review by the Community Development Department. Said grading plan shall
be in conformance with the approved tentative map, in compliance with County
Ordinance No. 457, and the conditions of approval for the tentative map.
48. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this tract map which must be
satisfied prior to the issuance of a grading permit for review and approval. The
Community Development Director may require inspection or other monitoring to
ensure such compliance.
49. 30-Day Burrowing Owl Pre-Construction Survey. Pursuant to Objectives 6 &
7 of the Species Account for the Burrowing Owl included in the Western
Riverside County Multiple Species Habitat Conservation Plan (MSHCP), within
30 days prior to the issuance of a grading permit, a pre-construction
presence/absence survey for the burrowing owl shall be conducted by a
qualified biologist who holds a Memorandum of Understanding with the County.
The survey results shall be provided in writing to the Environmental Programs
Division. If the grading permit is not obtained within 30 days of the survey, a
new survey shall be required.
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.
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Burrowing Owl relocation shall only be allowed to take place outside of the
burrowing owl nesting season (nesting season is March 1 through August 31)
and is required to be performed by a qualified biologist familiar with relocation
methods. The County Environmental Programs Department shall be consulted
to determine appropriate type of relocation (active or passive) and potential
translocation sites. Burrowing Owl Protection and Relocation Plans and
Biological Monitoring Plans are required to be reviewed and approved by the
California Department of Fish and Wildlife. If ground disturbance does not
occur within 30-days of the survey, then an update to the pre-construction
survey will be required.
50. Hillside Development Standards. The land divider/permit holder shall cause
grading plans to be prepared which conform to the Hillside Development
Standards: all cut and/or fill slopes, or individual combinations thereof, which
exceed ten feet in vertical height shall be modified by an appropriate
combination of a special terracing (benching) plan, increase slope ratio (i.e.,
3:1), retaining walls, and/or slope planting combined with irrigation.
51. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management
District (SCAQMD) Rule 403. The permittee shall include in construction
contracts the control measures required under Rule 403 at the time of
development, including the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius)
must be swept (preferably with water weepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a ten (10) percent
surface soil moisture content throughout all earth moving activities. All
unpaved demolition and construction areas shall be wetted at least twice
daily during excavation and construction, and temporary dust covers shall be
used to reduce dust emissions and meet SCAQMD District Rule 403.
Wetting could reduce fugitive dust by as much as fifty percent (50%).
b. Water active grading/excavation sites and unpaved surfaces at least three
(3) times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two (2) hours of active operations;
d. Site access points must be swept/washed within thirty (30) minutes of
visible dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or dusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
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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 generation. Any
reasonable complaints shall be rectified within twenty-four (24) hours of their
receipt.
52. Paleontologist Required. This site is mapped in the City's General Plan as
having a low potential for paleontological resources (fossils). Therefore, PRIOR
TO ISSUANCE OF GRADING PERMITS:
The permittee shall retain a qualified paleontologist approved by the City of
Menifee to create and implement a project-specific plan for monitoring site
grading/earthmoving activities (project paleontologist).
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The project paleontologist retained shall review the approved development plan
and shall conduct any pre-construction work necessary to render appropriate
monitoring and mitigation requirements as appropriate. These requirements
shall be documented by the project paleontologist in a Paleontological
Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted
to the Planning Department for review and approval prior to issuance of a
Grading Permit.
Information to be contained in the PRIMP, at a minimum and in addition to
other industry standard and Society of Vertebrate Paleontology standards, are
as follows
A. The project paleontologist shall participate in a pre-construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction,
as applicable.
B. Paleontological monitoring of earthmoving activities will be conducted
on an as-needed basis by the project paleontologist during all
earthmoving activities that may expose sensitive strata. Earthmoving
activities in areas of the project area where previously undisturbed strata
will be buried but not otherwise disturbed will not be monitored. The
project paleontologist or his/her assign will have the authority to reduce
monitoring once he/she determines the probability of encountering fossils
has dropped below an acceptable level.
C. If the project paleontologist finds fossil remains, earthmoving activities
will be diverted temporarily around the fossil site until the remains have
been evaluated and recovered. Earthmoving will be allowed to proceed
through the site when the project paleontologist determines the fossils
have been recovered and/or the site mitigated to the extent necessary.
D. If fossil remains are encountered by earthmoving activities when the
project paleontologist is not onsite, these activities will be diverted around
the fossil site and the project paleontologist called to the site immediately
to recover the remains.
E. If fossil remains are encountered, fossiliferous rock will be recovered
from the fossil site and processed to allow for the recovery of smaller
fossil remains. Test samples may be recovered from other sampling sites
in the rock unit if appropriate.
F. Any recovered fossil remains will be prepared to the point of
identification and identified to the lowest taxonomic level possible by
knowledgeable paleontologists. The remains then will be curated
(assigned and labeled with museum* repository fossil specimen numbers
and corresponding fossil site numbers, as appropriate; places in
specimen trays and, if necessary, vials with completed specimen data
cards) and catalogued, an associated specimen data and corresponding
geologic and geographic site data will be archived (specimen and site
numbers and corresponding data entered into appropriate museum
repository catalogs and computerized data bases) at the museum
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repository by a laboratory technician. The remains will then be
accessioned into the museum* repository fossil collection, where they will
be permanently stored, maintained, and, along with associated specimen
and site data, made available for future study by qualified scientific
investigators.
* The City of Menifee must be consulted on the repository/museum to
receive the fossil material prior to being curated.
G. A qualified paleontologist shall prepare a report of findings made
during all site grading activity with an appended itemized list of fossil
specimens recovered during grading (if any). This report shall be
submitted to the Planning Department for review and approval prior to
building final inspection as described elsewhere in these conditions.
All reports shall be signed by the project paleontologist and all other
professionals responsible for the report's content (e.g., Professional Geologist,
Professional Engineer, etc.), as appropriate. Two wet-signed original copies of
the report shall be submitted directly to the Planning Department along with a
copy of this condition and the grading plan for appropriate case processing and
tracking.
53. Archeologist Retained. Prior to issuance of a grading permit the project
applicant shall retain a Riverside County qualified archaeologist to monitor all
ground disturbing activities in an effort to identify any unknown archaeological
resources.
The Project Archaeologist and the representative(s) from the Native American
Tribe (s) shall be included in the pre-grade meetings to provide
cultural/historical sensitivity training including the establishment of set
guidelines for ground disturbance in sensitive areas with the grading
contractors. The Project Archaeologist and the Tribal representative(s) shall
manage and oversee monitoring for all initial ground disturbing activities and
excavation of each portion of the project site including clearing, grubbing, tree
removals, mass or rough grading, trenching, stockpiling of materials, rock
crushing, structure demolition and etc. The Project Archaeologist and the Tribal
representative(s), shall have the authority to temporarily divert, redirect or halt
the ground disturbance activities to allow identification, evaluation, and
potential recovery of cultural resources in coordination with any required
special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract
to the Community Development Department to ensure compliance with this
condition of approval. Upon verification, the Community Development
Department shall clear this condition.
Any newly discovered cultural resources shall be subject to an evaluation, in
consultation with the Native American Tribe(s) and which will require the
development of a treatment plan and monitoring agreement for the newly
discovered resources.
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54. Native American Monitoring - Pechanga. Tribal monitor(s) shall be required
on-site during all ground-disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder
shall retain a qualified tribal monitor(s) from the Pechanga Band of Mission
Indians. Prior to issuance of a grading permit, the developer shall submit a
copy of a signed contract between the above-mentioned Tribe and the land
divider/permit holder for the monitoring of the project to the Community
Development Department and to the Engineering Department. The Native
American Monitor(s) shall have the authority to temporarily divert, redirect or
halt the ground-disturbance activities to allow recovery of cultural resources, in
coordination with the Project Archaeologist.
The Developer shall relinquish ownership of all cultural resources, including all
archaeological artifacts that are of Native American origin, found in the project
area for proper treatment and disposition to a curational facility that meets or
exceeds Federal Curation Standards outlined in 36 CFR 79. The
Applicant/Permittee shall be responsible for all curation costs.
55. Non-Disclosure of Location Reburials. It is understood by all parties that
unless otherwise required by law, the site of any reburial of Native American
human remains or associated grave goods shall not be disclosed and shall not
be governed by public disclosure requirements of the California Public Records
Act. The Coroner, pursuant to the specific exemption set forth in California
Government Code 6254 (r)., parties, and Lead Agencies, will be asked to
withhold public disclosure information related to such reburial, pursuant to the
specific exemption set forth in California Government Code 6254 (r).
56. Feature Relocation. Site(s) CA-RIV- 2009, CA-RIV-6286, and CA-RIV-6285
cannot be avoided through Project redesign. Hence, the Project Supervisor,
Project Archeologist and Native American Monitor(s) shall meet onsite to
determine the strategy for relocating these features to a permanent open space
area which shall be predetermined through consultation with the Applicant and
consulting Tribe(s) and designated on a confidential map. Before construction
activities are allowed to commence and using professional archaeological
methods, photo documentation of each feature in situ shall occur and any
visible artifacts shall be recovered and recorded, and treated according to
COAs 54 (Native American Monitoring-Pechanga and 55 (Non-Disclosure of
Location Reburials). The current Department of Parks and Recreation forms for
the sites shall be updated, detailing which features were relocated, the process
through which this was done, and updated maps using sub meter GIS
technology to document the new location of each feature shall be prepared and
submitted to the Eastern Information Center by the Project Archaeologist. All
relocation information shall be included in the Phase IV Monitoring Report.
57. Controlled Grading: Site(s) CA-RIV- 2009, CA-RIV-6286, and CA-RIV-6285
will be impacted during construction activities and the soils surrounding them
will be disturbed. A controlled grading plan will be developed by the Project
Archeologist and Native American Monitor(s) to ensure the systematic removal
of the ground surface surrounding these features are monitored to allow for the
identification, documentation, and recovery of any potential subsurface cultural
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deposits that may be present in close proximity to these features. Results of all
controlled grading activities shall be included in the Phase IV monitoring report.
Prior to Issuance of Building Permit
58. 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.
59. Building Plans Required. The developer shall cause building plans to be
submitted to the Building and Safety Department for review and approval by
the Department of Building and Safety - Plan Check Division. Said plans shall
be in conformance with the Newport Estates Specific Plan Architectural
Guidelines.
60. Building Separation. Building separation between all buildings shall not be
less than ten (10) feet. Additional encroachments are only allowed as permitted
by the Specific Plan and/or County Ordinance No. 348.
61. Fee Balance. Prior to issuance of building 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.
62. 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.
63. Utilities Underground. All utility extensions within a lot shall be placed
underground.
64. 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.
65. 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.
66. Front Yard Landscaping. All front yards shall be provided with landscaping
and automatic irrigation, as defined by County Ordinance No. 348.
67. Acoustical Study. The land divider/permit holder shall cause an acoustical
study to be performed by an acoustical engineer to establish appropriate
mitigation measures that shall be applied to individual dwelling units within the
subdivision to reduce the first and second story ambient interior and exterior
25
levels to 45 Ldn and 65 Ldn, respectively. The study shall be submitted, along
with the appropriate fee, to the Community Development Department for review
and approval. The approved recommendations/requirements, if any, shall be
forwarded from the Community Development Department to the City of Menifee
Building and Safety Department for implementation into the final building plans.
The Project applicant shall pay review fees to the Community Development
Department for all time spent to review the Project.
MINOR PLANS REQUIRED
68. Landscaping Plans. The land divider/permit holder shall file five (5) sets of a
Landscaping and Irrigation Plan to the Community Development Department
for review and approval of the open space lots shown on the tentative map.
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 individual front yard landscaping. Emphasis shall
be placed on using plant species that are drought tolerant and low water using.
The plans shall provide for the following:
1) Permanent automatic irrigation systems shall be installed on all
landscaped areas requiring irrigation. Low water use systems are
encouraged.
2) All utility service areas and enclosures shall be screened from view with
landscaping and decorative barriers or baffle treatments, as approved by
the Community Development Department. Utilities shall be placed
underground.
3) Any required landscape screening shall be designed to be opaque up to a
minimum height of six (6) feet at maturity.
4) Parkways and landscaped building setbacks shall be landscaped to
provide visual screening or a transition into the primary use area of the
site. Landscape elements shall include earth berming, ground cover,
shrubs, and specimen trees in conjunction with meandering sidewalks,
benches, and other pedestrian amenities where appropriate as approved
by the Community Development Department.
5) Landscaping plans shall incorporate the use of specimen accent trees at
key visual focal points within the project.
26
6) Landscaping plans shall incorporate native and drought tolerant plants
where appropriate.
7) Turf shall be eliminated in areas unless provided for active uses.
8) All basins for drainage and/or water quality shall be screened from view
with landscaping.
9) All specimen trees and significant rock outcroppings on the subject
property intended for retention shall be shown on the project's grading
plans. Replacement trees for those to be removed shall also be shown.
10) All trees shall be minimum double-staked. Weaker and/or slow-growing
trees shall be steel-staked.
11) Multi-programmable irrigation controllers which have enough programs to
break up all irrigation stations into hydro zones shall be used. If practical
and feasible, rain shutoff devices shall be employed to prevent irrigation
after significant precipitation. Irrigation systems shall be designed so
areas which have different water use requirements are not mixed on the
same station (hydro zones). Assistance in implementing a schedule
based on plant water needs is available from CIMIS or Mobile Lab. The
use of drip irrigation should be considered for all planter areas that have a
shrub density that will cause excessive spray interference of an overhead
irrigation system. Use flow reducers to mitigate broken heads next to
sidewalks, streets, and driveways.
12) Plants with similar water requirements shall be grouped together in order
to reduce excessive irrigation runoff and promote surface filtration, where
possible.
13) Landscaping and irrigation plans shall also be provided for Open Space
Lot Nos. 73 and 74.
The landscaping and irrigation plans for the park shall be consistent with the
Tentative Map.
NOTES: The Landscape plot plan may include the requirements of any other
minor plot plan required by the subdivision conditions of approval. However,
minor plot plan conditions of approval shall be cleared individually.
Landscaping plans for areas that are totally within the road right-of-way shall be
submitted to the Engineering and Public Works Department ONLY.
Landscaping plans for areas proposed to be maintained by the City Community
Facilities District shall be submitted to the Engineering and Public Works
Department. Conceptual plans are required in addition to working plans.
69. Entry Monument Plans. The land divider/permit holder shall file three (3) sets
of an Entry Monument plot plan to the Community Development Department for
review and approval. Said plan shall be submitted to the Department in the
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form of a plot plan application pursuant to Ordinance No. 348, Section
18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act
and not subject to review by any governmental agency other than the
Community Development Department), along with the current fee. The plan
shall be in compliance with Section 18.12, and the TENTATIVE MAP
conditions of approval.
The plot plan shall contain the following elements:
1) A color rendering of a frontal view of all/the entry monument(s) with
landscaping.
2) A plot plan of the entry monuments with landscaping drawn to an
engineer's scale. If lighting is planned, the location of lights, their intended
direction, and proposed power shall be indicated.
3) An irrigation plan for the entry monument(s).
4) The following language shall be added to the landscaping requirements
for the implementing project:
Any entry monument shall be in conformance with all planning
standards for Planning Area 3 of the Specific Plan.
The entry shall be in substantial conformance to the design guidelines
of Planning Area 3 of the Specific Plan.
Per Planning Area 3 of the Specific Plan, an entry treatment shall be
provided at the western property line on La Piedra Road.
NOTE: The requirements of this plot plan may be incorporated with any
minor plot plan required by the conditions of approval for this subdivision.
However, this ENTRY MONUMENT condition of approval shall be cleared
individually.
70. Model Home Complex. A plot plan application shall be submitted to the
Community Development Department pursuant to Section 18.30.a.(1) of
Ordinance No. 348 (Plot Plans not subject to the California Environmental
Quality Act and not subject to review by any governmental agency other than
the Community Development Department), along with the current fee.
The Model Home Complex plot plan shall contain the following elements:
1) An engineer's scaled plan showing the model home lots, lot numbers,
tract number, and north arrow.
2) Show front, side and rear yard setbacks.
3) Provide two dimensioned off street parking spaces per model and one
parking space for office use. The plan must have one accessible parking
space.
4) Show detailed fencing plan including height and location.
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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.
71. Final Site of Development Plan. A plot plan application shall be submitted to
the Community Development Department pursuant to Section 18.30.a.(1) of
Ordinance No. 348 (Plot Plans not subject to the California Environmental
Quality Act and not subject to review by any governmental agency other than
the Community Development Department), along with the current fee.
Subdivision development shall conform to the approved plot plan and shall
conform to the Newport Estates Specific Plan Guidelines.
The plot plan shall be approved by the Community Development Director prior
to issuance of Building Permits for lots included within that plot plan.
The plot plan shall contain the following elements:
1) A final site plan (40' scale precise grading plan) showing all lots, building
footprints, setbacks, mechanical equipment and model assignments on
individual lots.
2) Each model floor plan and elevations (all sides).
3) Three (3) sets of photographic or color laser prints (8" x 10") of the
sample board and colored elevations shall be submitted for permanent
filing and agency distribution after the Community Development
Department has reviewed and approved the sample board and colored
29
elevations in accordance with the approved Design Manual and other
applicable standards. All writing must be legible. Three (3) matrix sheets
showing structure colors and texture schemes shall be submitted.
4) The number of floor plans for each Area shall be in accordance with the
Design Guidelines. For development projects that are to be constructed in
phases, a phasing plan shall be submitted to assure that the
requirements for the number of floor plans is being met.
5) Homes and garages shall be placed at varying distances from the street
and have varying entry locations.
6) The colors and materials on adjacent residential structures should be
varied to establish a separate identity for the dwellings. A variety of colors
and textures of building materials is encouraged, while maintaining overall
design continuity in the neighborhood. Color sample boards shall be
submitted as a part of the application and review process.
7) All new residences with garages shall be provided with roll-up (i.e. on
tracks) garage doors (either sectional wood or steel). At least twenty-five
percent (25%) of the garage doors in any project should have windows.
8) Additional retaining walls may be required to meet setbacks and other
development standards of the zone depending on the type of product
utilized.
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.
72. Wall and Fence Plan. The land divider/permit holder shall file three (3) sets of
a Wall/Fencing Plan to the Community Development Department for review
and approval. Said plan shall be submitted to the Department in the form of a
plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot
Plans not subject to the California Environmental Quality Act and not subject to
review by any governmental agency other than the Community Development
Department), along with the current fee. The plan shall be in compliance with
Section 18.12, the Newport Estates Specific Plan Architectural Guidelines and
the TENTATIVE MAP conditions of approval.
A. The plan shall show all project fencing including, but not limited to,
perimeter fencing, side and rear yard fencing, retaining walls 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.
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C. Front yard return walls shall be constructed of masonry slump stone or
material of similar appearance, maintenance, and structural durability)
and shall be a minimum of five feet in height.
D. Side yard gates are required on one side of the home and shall be
constructed of vinyl. Chain-link fencing is not permitted. All construction
must be of good quality and sufficient durability with an approved stain
and/or sealant to minimize water staining. (Applicants shall provide
specifications that shall be approved by the Community Development
Department).
E. All 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.
F. Corner lots shall be constructed with wrap-around decorative block wall
returns. (Note: exceptions for the desert area discussed above.)
G. 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.
H. The plan shall show the location of all retaining walls. Retaining walls
shall be constructed with split-faced block (were exposed/one-sided) and
a masonry cap. Where retaining wall exceeds 3 feet in height and
extends the length of a property line, an opening/access area at least 3
feet in width, shall be provided to ensure the slope above the retaining
wall can be accessed and maintained by the property owner. View
fencing (tubular steel or opaque) or a combination of block and view
fencing shall be utilized above retaining walls exceeding 3 feet in height
so that the maximum height of block walls, including retaining, does not
exceed 6 feet.
I. Wall construction and heights shall conform with applicable noise
mitigation.
73. Performance Securities. Performance securities, in amounts to be
determined by the Community Development Director to guarantee the
installation of plantings, irrigation system, walls and/or fences, in accordance
with the approved plan, shall be filed with the Community Development
Department. Securities may require review by the City Attorney and other staff.
Permit holder is encouraged to allow adequate time to ensure that securities
are in place. The performance security may be released one year after
structural final, inspection report, and the Six Month and One-Year Post
Establishment report confirms that the planting and irrigation components have
been adequately installed and maintained. A cash security shall be required
when the estimated cost is $2,500.00 or less. Security deposits are only
required for common area landscaped areas.
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74. 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.
ARCHEOLOGY
75. Feature Relocation. Site(s) CA-RIV- 2009, CA-RIV-6286, and CA-RIV-6285
cannot be avoided through Project redesign. Hence, the Project Supervisor,
Project Archeologist and Native American Monitor(s) shall meet onsite to
determine the strategy for relocating these features to a permanent open space
area which shall be predetermined through consultation with the Applicant and
consulting Tribe(s) and designated on a confidential map. Before construction
activities are allowed to commence and using professional archaeological
methods, photo documentation of each feature in situ shall occur and any
visible artifacts shall be recovered and recorded, and treated according to
COAs 54 (Native American Monitoring-Pechanga and 55 (Non-Disclosure of
Location Reburials). The current Department of Parks and Recreation forms for
the sites shall be updated, detailing which features were relocated, the process
through which this was done, and updated maps using sub meter GIS
technology to document the new location of each feature shall be prepared and
submitted to the Eastern Information Center by the Project Archaeologist. All
relocation information shall be included in the Phase IV Monitoring Report.
FEES
76. Fees. Prior to issuance of Building Permits, the Community Development
Department shall determine if the deposit based fees for project are in a
negative balance. If so, any outstanding fees shall be paid by the permittee.
77. Menifee School District. Impacts to the Menifee School District shall be
mitigated in accordance with California State law.
78. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
Prior to Final Inspection
79. 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.
80. Anti-Graffiti Coating. An anti-graffiti coating shall be provided on all block
walls, and written verification from the developer shall be provided to the
Community Development Department.
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81. 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.
82. Entry Monuments. Prior to the first occupancy within the tract, entry
monuments shall be installed in accordance with the approved entry monument
plans.
83. 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.
84. Driveways. The land divider/permit holder shall cause all driveways to be
constructed of cement concrete.
85. Roll Up Garage Doors. All residences shall have automatic roll-up garage
doors.
86. 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.
87. Front Yard Landscaping. All front yards shall be provided with landscaping
and automatic irrigation as defined by City of Menifee Municipal Code 9.86.
Landscaping and Irrigation shall comply with the Menifee Municipal Code
Chapter 15.04, Riverside County Guide to California Friendly Landscaping, and
Ordinance No. 859 (as adopted and any amendments thereto) provided that
said ordinance has been amended to address residential tracts. The front yard
landscaping must be installed prior to final occupancy release.
88. Open Space Landscaping. All Open Space landscaping shall be installed
prior to occupancy or as determined during review of the landscaping irrigation
plans for the open space lots. If the Open space lots are for water quality
purposes, the Public Works and Engineering Department will determine
installation.
89. Archeology Report - Phase III and IV. Prior to final inspection of the first
building permit associated with each phase of grading, the developer/permit
holder shall prompt the Project Archeologist to submit two (2) copies of the
Phase III Data Recovery report (if conducted for the Project) and the Phase IV
Cultural Resources Monitoring Report that complies with the Community
Development Department's requirements for such reports. The Phase IV report
shall include evidence of the required cultural/historical sensitivity training for
the construction staff held during the pre-grade meeting. The Community
Development Department shall review the reports to determine adequate
mitigation compliance. Provided the reports are adequate, the Community
Development Department shall clear this condition. Once the report(s) are
determined to be adequate, two (2) copies shall be submitted to the Eastern
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Information Center (EIC) at the University of California Riverside (UCR) and
one (1) copy shall be submitted to the Pechanga Cultural Resources
Department.
90. Notification to Surrounding Property Owners
The developer shall provide notification to all initial and future purchasers of
dwelling units within Lots adjacent to parks (as shown on the tentative map), to
advise that there will be a park operating nearby and inform them of the
potential impacts (possible noise, and that on street parking may be used by
people visiting the park from time to time).
LANDSCAPING
91. 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?”
92. 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.
93. Landscape Installation. All required landscape planting and irrigation, shall
have been installed in accordance with approved Landscaping, Irrigation, and
Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any
amendments thereto), Eastern Municipal Water District requirements and the
Riverside County Guide to California Landscaping. All landscape and irrigation
components shall be in a condition acceptable to the Community Development
Department. The plants shall be healthy and free of weeds, disease or pests.
The irrigation system shall be properly constructed and determined to be in
good working order.
94. 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.
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FEES
95. 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.
96. 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.
97. 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
98. Open Space Lot No. 73, Adjacent to Lot No. 50. Prior to occupancy of
residential lot 50 as shown on the tentative tract map, all landscaping and
irrigation within the Open Space Lot 73 adjacent to this lots shall be installed,
inspections completed and passed and performance securities posted.
99. Open Space Lot No. 74, Adjacent to Lot Nos. 43-49. Prior to occupancy of
any of the residential lots 43-49 as shown on the tentative tract map, all
landscaping and irrigation within the Open Space Lot adjacent to these lots
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shall be installed, inspections completed and passed and performance
securities posted.
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Section III: Public
Works/Engineering Conditions of
Approval
The following are the Public Works Engineering Department Conditions of Approval for
this project, which shall be satisfied at no cost to the City or any other Government
Agency. All questions regarding the intent of the following conditions shall be referred to
the Public Works Engineering Department, Land Development Section. The
developer/property owner shall use the standards and design criteria stated in the
following conditions, and shall comply with all applicable City of Menifee standards and
ordinances. Should a conflict arise between City of Menifee standards and design
criteria, and any other standards and design criteria, those of the City of Menifee shall
prevail.
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A. GENERAL CONDITIONS:
100. Subdivision Map Act. The developer/property owner shall comply with the
State of California Subdivision Map Act.
101. Mylars. All improvement plans and grading plans shall be drawn on twenty-four
(24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer
or other registered/licensed professional as required.
102. Plan Check Submittal Forms. Appropriate plan check submittal forms shall be
completed and required plan copies, necessary documents, references, fees,
deposits, etc. shall be submitted as outlined in 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.
103. Plan Submittal And Approval. Improvement plans and grading plans shall be
submitted with necessary supporting documentation and technical studies
(hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the
PW Engineering Department for review and approval. The plans must receive
PW approval prior to final map recordation; or issuance of any construction
permit, grading permit, or building permits as applicable and as and as
determined by the PW Director. All submittals shall include a completed City
Fee or Deposit Based Worksheet and the appropriate plan check. For
improvements proposed to be owned and maintained by the Riverside County
Flood Control District, improvement plans must receive District approval prior to
final map recordation or as determined by the District.
104. As-Built Plans. As-Built plans are required for all improvement plans. The
developer/property owner shall cause the civil engineer of record to submit
project base line 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.
105. Construction Times Of Operation. The developer/property owner shall
monitor, supervise, and control all construction and construction related
activities to prevent them from causing a public nuisance including, but not
limited to, strict adherence to the following:
a. Any construction within the City located within one-fourth mile from an
occupied residence shall be permitted Monday through Saturday,
except on nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There
shall be no construction permitted on Sunday or nationally recognized
holidays unless approval is obtained from the City Building Official or
City Engineer.
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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
Inspector prior to start of any construction activities.
106. Bond Agreements, Grading And Improvement Security. The
developer/property owner shall enter into bond agreements and post security in
forms acceptable to the City, guaranteeing the construction of all required
grading and improvements in accordance with applicable City policies and
ordinances, and as determined by the Public Works Director/City Engineer.
The grading and improvements shall include, but not be 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.
107. Map Phasing. The tract map maybe developed in multiple phases. If the
developer/property owner elects to develop in multiple phases, an application
for map phasing shall be submitted to the Community Development
Department for City review and approval. Phased final maps shall be in
substantial conformance with approved tentative map. Prior to recordation,
financial security shall be provided for all required improvements with each
map phase. The Public Works Director may require the dedication and
construction of necessary utilities, streets or other improvements outside the
area of any particular tract map phase if the improvements are needed for
circulation, parking and access or for the welfare or safety of future occupants
of the development.
108. Existing And Proposed 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.
109. SP -Development Standards. Prior to any project approval the development
standards of Specific Plan No. 140 shall be reviewed and complied with.
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B. GRADING
General Conditions
110. Introduction. Improvement such as grading, filling, over excavation and re-
compaction, and base or paving which require a grading permit are subject to
the Public Works Department conditions of approval stated herein.
111. General Grading Conditions. Notwithstanding anything to the contrary
proposed by SP 140 all grading shall conform to the latest edition of the
California Building Code, City General Plan, and applicable City ordinances,
and all other relevant laws, rules and regulations governing in Riverside
County.
112. Obey All Grading Regulations. All grading shall conform to the latest edition
of the California Building Code, applicable City ordinances, and all other
relevant laws, rules and regulations governing grading in Riverside County.
Prior to commencing any grading involving 50 or more cubic yards of dirt, the
applicant shall obtain a grading permit from the Public Works Engineering
Department.
113. Grading Permit For Disturbed Soil. City ordinance on grading requires a
grading permit prior to clearing, grubbing or any top soil disturbances related to
construction grading.
114. Grading Permit For Private Road. Constructing a private road requires a
grading permit.
115. Lot To Lot Drainage Easement. A recorded drainage easement is required for
lot to lot drainage.
116. Dust Control. All necessary measures to control dust shall be implemented by
the developer during grading. Fugitive dust shall be controlled in accordance
with Rule 403 of the California Air Quality Control Board.
117. Compliance With Specific Plan SP 140w. All subsequent subdivisions and
specific land uses related to SP 140W shall comply with the recommendations
of SP 140 W and all its conditions of approval and shall reference themselves
to it.
118. 2:1 Max Slope Ratio. Graded slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved by the PW
Engineering Department.
119. Erosion Control Plans. AFTER GRADING: Temporary erosion control
measures shall be implemented immediately following rough grading to prevent
deposition of debris onto downstream properties or drainage facilities. Plans
showing erosion control measures may be included as part of the grading plans
or submitted as a separate set of plans for City review and approval. Graded
but undeveloped land shall provide, in addition to erosion control planting, any
drainage facilities deemed necessary to control or prevent erosion. Additional
erosion and sediment control Best Management Practices (BMPs) are required
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year round in compliance with the State Water Resources Control Board
(SWRCB) General Construction Permit. Additional erosion protection may be
required during the rainy season.
120. Minimum Drainage Grade. Minimum drainage grade shall be 1% except on
Portland cement concrete where 0.35% shall be the minimum.
121. 100 Year Drainage Facilities. All drainage facilities shall be designed to
accommodate 100-year storm flows or as approved by the PW Engineering
Department.
122. Slope Setbacks. Observe slope setbacks from buildings and property lines per
the California Building Code and applicable City ordinance regarding grading.
123. Drainage And Terracing. Provide drainage facilities and terracing in
conformance with the California Building Code's chapter on "Grading."
124. Archaeology. ARCHAEOLOGY: Given the element of uncertainty of any
archaeological survey due to the “underground” dimension, it is required that
should archaeological materials be found during grading activities, a qualified
archaeologist shall be retained for their evaluation.
125. No Grading & Subdiving. If mass grading of the entire Specific Plan is
proposed, UNDER A SUBDIVISION OR LAND USE CASE ALREADY
APPROVED FOR THIS SPECIFIC PLAN, at the same time that application for
further subdivision of its parcels is being made, an exception to Ordinance 460,
Section 4.4b, shall be obtained from the Planning Director prior to issuance of
the mass grading permit (Ordinance 460, Section 3.1) THIS EXCEPTION WILL
NOT APPLY TO ANY CASES HAVING ONLY AN APPROVED SPECIFIC
PLAN.
Graded slopes shall be designed in conformance with SP 140 requirements.
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, additional geotechnical
and soils reports, Departmental clearances and the amount being graded. This
applies as these are requirements of the specific plans, EIR or a condition of
approval.
126. Slope Stability Report. A slope stability report shall be submitted to the PW
Engineering Department for all proposed cut and fill slopes steeper than 2:1
(horizontal to vertical) or over 10 feet in vertical height.
127. Grading Drainage Site. Positive drainage of the site shall be provided, and
water shall not be allowed to pond behind or flow over cut and fill slopes.
Where water is collected in a common area and discharged, protection of the
native soils shall be provided by planting erosion resistant vegetation, as the
native soil susceptible to erosion by running water.
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Prior to Grading Permit Issuance
128. NPDES/SWPPP. Prior to approval of the grading plans applicant shall obtain a
General Construction Activity Storm Water Permit from the State Water
Resources Control Board (SWRCB) in compliance with the National Pollutant
Discharge Elimination System (NPDES) requirements. Proof of filing a Notice
of Intent (NOI) to construct shall be provided by the developer, and the State
issued Waste Discharge ID number (WDID#) shall be shown on the title sheet
of the grading plans prior to approval. The developer/property owner shall
prepare and upload a Storm Water Pollution Prevention Plan (SWPPP) into the
State’s SMARTS database system. The developer/property owner shall also be
responsible for updating the SWPPP to constantly reflect the actual
construction status of the site. A copy of the SWPPP shall be made available at
the construction site at all times until construction is completed and the
Regional Board has issued a Notice of Termination (NOT) for the development.
129. SWPPP For Inactive Sites. The developer/property owner shall be
responsible for ensuring that any graded area left inactive for a long period of
time has appropriate SWPPP BMPs in place and in good working conditions at
all times until construction is completed and the Regional Board has issued a
Notice of Termination (NOT) for the development.
130. Grading Permit. Prior to issuance of any building permit, the property owner
shall obtain a grading permit and approval to construct from the Public Works
Department.
131. Grading Bonds. Grading in excess of 199 cubic yards will require performance
security to be posted with the PW Engineering Department.
132. Slope Eroision Control Plan. Erosion control and/or landscape plans,
required for manufactured slopes greater than 3 feet in vertical height, are to be
signed by a registered landscape architect and bonded.
133. Geotechnical/ Soils Reports. Geotechnical soils reports, required in order to
obtain a grading permit, shall be submitted to the PW Engineering Department
for review and approval prior to issuance of a grading permit.
All grading shall be in conformance with the recommendations of the
geotechnical/soils reports as approved by PW Engineering Department.*
*The geotechnical/soils, compaction and inspection reports will be reviewed in
accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES
FOR REVIEW OF GEOTECHNICAL AND GEOLOGICAL REPORTS.
Technical reports previously submitted and approved by the Riverside County
shall be updated and submitted to the PW Engineering department for review
and approval prior to issuance of a grading permit. If no technical report has
been previously submitted a new report shall be submitted for review and
approval by the PW Engineering Department.
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134. 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 conceptual grading plan reviewed and approved for this
project, shall comply with the project’s approved WQMP (Water Quality
Management Plan).
135. Offsite Grading. Prior to the issuance of a grading permit, it shall be the sole
responsibility of the owner/applicant to obtain any and all proposed or required
easements and/or permissions necessary to perform the grading herein
proposed.
136. Import/Export. In instances where a grading plans involves import or export,
prior to obtaining a grading permit, the applicant shall have obtained approval
for the import/export location from the PW Engineering Department. If an
Environmental Assessment did not previously approve either location, a
Grading Environmental Assessment shall be submitted to the Planning Director
for review and comment and to the PW Engineering Department Director for
approval. Additionally, if the movement of import/export occurs using City
roads, review and approval of the haul routes by the Department will be
required.
Prior to Issuance of Building Permit
137. Grading Permit Prior To Building. Prior to issuance of any building permit,
the property owner shall obtain a grading permit and/or approval to construct
from the PW Engineering Department.
Prior to Issuance of Certificate of Occupancy
138. Plant & Irrigate Slopes. CONDITIONS TO BE FULFILLED PRIOR TO FINAL
OCCUPANCY APPROVAL:
139. Manufactured Slopes 4:1 Or Steeper. Plant and irrigate all manufactured
slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in
vertical height with grass or ground cover; slopes 15 feet or greater in vertical
height shall be planted with additional shrubs or trees as approved by the PW
Engineering Department.
140. 1 / 2” / FT / 3FT Minimum. Finish grade shall be sloped to provide proper
drainage away from all exterior foundation walls. The slope shall be not less
than one-half inch per foot for a distance of not less than 3 feet from any point
of exterior foundation. Drainage swales shall not be less than 1 1/2 inches
deeper than the adjacent finish grade at the foundation.
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C. DRAINAGE
General Conditions
141. Map Flood Hazard Report. This is a proposal to subdivide 24.1 acres into 72
residential lots and 2 landscape lots in the Antelope Valley area. The site is in
the Newport Estate Specific Plan SP 140 and is located on the south side of La
Piedra Road approximately 1000 feet west of Evans Road. This is one of nine
tracts (TR28786, TR28787, TR28788, TR28789, TR28790, TR28791,
TR28792, TR28793 and TR28794) that were being processed concurrently by
the County prior to City incorporation. Upon incorporation, the tracts north of La
Piedra recorded their final maps and the remaining tracts south of La Piedra
(TR28786, TR28791, TR28792, TR28793 and TR28794) are now being
processed concurrently with the City.
All nine tracts and about 50 additional offsite acres are tributary to a 72-inch
culvert located in Newport Road just to the west of Evans Road. This culvert
ties to a storm drain constructed with developments to the north of Newport
Road, which in turn discharges into Salt Creek Channel.
The site receives offsite flows in a broad swale from about 6 acres of tributary
area to the southwest and another 25 acres of area is tributary to the northwest
corner of the tract boundary. It also receives offsite runoff from about 5 acres
along its southern project boundary.
The applicant proposes to construct a brow ditch along the southerly and
westerly tract boundary to intercept the offsite flow and convey it to the street.
Flow from the 6 acres of area to the southwest would be intercepted in a brow
ditch and then discharged into a storm drain to be constructed on the northerly
side of Lots 11 and 13. Flows from the 25 acres tributary to the northwest
corner would be directed into La Piedra Road where it would be collected in a
storm drain to be constructed in La Piedra Road.
The onsite flows would be collected in streets and storm drains, and then
combined with the offsite flows and discharged into a storm drain in Evans
Road. This flow would then be routed through a detention basin that is now
constructed within the boundaries of TR28788. The detention basin was
designed to reduce the 100-year peak flows so that the outflow from the basin
would not overburden the existing downstream facilities. The outlet to the basin
is a 72-inch storm drain that would tie to the existing culvert in Newport Road.
The hydrology and hydraulic study submitted with the proposal supports this
drainage scheme.
The drainage scheme is, in concept, acceptable to the District. However, the
following must be accomplished to effect the development of any part of this
project.
a. A detention basin with proper inlet and outlet works must be constructed
within TR28788 as shown on Amended 4 of TR 28788.
b. All brow ditches must be designed to intercept the tributary flows and
must have a minimum of 1 foot of freeboard.
c. Storm drains must be constructed in Evans Road and La Piedra Road
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from the tract's boundary to the detention basin within TR28788.
It should also be noted that the basin is a permanent flood control facility and
must be designed to reduce the peak flows so that the outflow from the basin
would not exceed the capacity of the existing culvert and storm drain north of
Newport Road. The basin also would be used as a park site. The park uses
would be maintained by CSA145 and the District would maintain the flood
control facilities.
142. Construct SD To Basin. Storm drains shall be constructed in Evans Road and
La Piedra Road from the tract's boundary to the detention basin within
TR28788. The storm drain in Evans Road shall be designed to collect and
convey the 100-year offsite and the onsite flows from TR28794, TR28787,
TR28786, TR28788 while the storm drain in La Piedra Road shall be designed
to collect and convey the 100-year offsite and the onsite flows from TR28786.
143. Construct Basin. A detention basin with proper inlet and outlet works that
would only discharge flows that would not overburden the culvert and storm
drain shall be constructed as shown on Amended 4 of TR 28788. The
discharge form this basin shall be conveyed via a storm drain and shall tie to
the existing 72-inch culvert.
144. The City PW Engineering Department may make additional recommendations
as each development proposal is submitted. The City may coordinate with, or
seek the assistance of the District in reviewing each proposal to ensure
consistency with applicable City and District standards and policies regarding
overall drainage design.
145. 10 Year Curb / 100 Year Row. The 10 year storm flow shall be contained
within the curb and the 100 year storm flow shall be contained within the street
right of way. When either of these criteria is exceeded, additional drainage
facilities shall be installed. All lots shall be graded to drain to the adjacent street
or an adequate outlet.
146. 100 Year Sump Outlet. Drainage facilities out letting sump conditions shall be
designed to convey the tributary 100 year storm flows. Additional emergency
escape shall also be provided.
147. Perpetuate Drainage Patterns (Easement). The property's street and lot
grading shall be designed in a manner that perpetuates the existing natural
drainage patterns with respect to tributary drainage area, 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 for review.
A drainage easement shall be obtained from the affected property owners for
the release of concentrated or diverted storm flows. A copy of the recorded
drainage easement shall be submitted to the District for review.
148. Major Flood Control Facilities. Major flood control facilities are being
proposed. These shall be designed and constructed to City and/or Riverside
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County Flood Control District standards including those related to alignment
and access to both inlets and outlets. The applicant shall consult the City
and/or District early in the design process regarding materials, hydraulic design
and transfer of rights of way.
149. 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.
150. Owner Maintenance Notice. The developer/property owner shall record
sufficient documentation to advise purchasers of any lot within the subdivision
that the owners of individual lots are responsible for the maintenance of the
drainage facility within the drainage easements shown on the final map.
151. Onsite Easement On Final Map. The developer/property owner shall protect
downstream properties from damages caused by alteration of the drainage
patterns, i.e., concentration or diversion of flow. Protection shall be provided by
constructing adequate drainage facilities including enlarging existing facilities
and/or by securing a drainage easement. All drainage easements shall be
shown on the final map and noted as follows: "Drainage Easement - no
building, obstructions, or encroachments by landfills are allowed". The
protection shall be as approved by the PW-Engineering Department.
152. Offsite Easement Or Redesign. The developer/property owner shall accept
and properly dispose of all off-site drainage flowing onto or through the site. In
the event the PW-Engineering Department permits the use of streets for
drainage purposes, applicable provisions of the City adopted County Ordinance
No. 460 will apply. Should the quantities exceed the street capacity or the use
of streets be prohibited for drainage purposes, the sub-divider shall provide
adequate drainage facilities and/or appropriate easements as approved by the
PW-Engineering Department
153. Grading. 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.
154. Temporary Erosion Control Measures. Shall be implemented immediately
following rough grading to prevent deposition of debris onto downstream
properties or drainage facilities. Plans showing these measures shall be
submitted to PW Engineering for review and approval.
155. Compliance With Npdes General Construction Permit. The
developer/property owner shall comply with the National Pollutant Discharge
Elimination System (NPDES) General Construction Permit (GCP) from the
State Water Resource Control Board (SWRCB).
156. SWPPP. Prior to approval of the grading plans, the developer/property owner
shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the
development. The developer/property owner shall be responsible for uploading
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the SWPPP into the State’s SMARTS database system, and shall ensure that
the SWPPP is updated to constantly reflect the actual construction status of the
site. A copy of the SWPPP shall be made available at the construction site at
all times until construction is completed. The SWRCB considers a construction
project complete once a Notice of Termination has been issued by SWRCB.
157. Written Permission For Grading. Written permission shall be obtained from
the affected property owners allowing the proposed grading and/or facilities to
be installed outside of the tract boundaries. A copy of the written authorization
shall be submitted to the City for review and approval.
158. Submit 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.
159. Map Phasing. Each tract shall be protected from the 1 in 100 tributary storm
flows.
Prior to Map Recordation
160. Maintenance Mechanism. Evidence of a viable maintenance mechanism for
all facilities and services that will be maintained and provided by the City, shall
be submitted to the City for review and approval. Services shall include street
maintenance and sweeping.
161. Onsite Ease 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".
162. Offsite Ease 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 and/or
Riverside County Flood Control District prior to recordation of the final map. If
the developer cannot obtain such rights, the map should be redesigned to
eliminate the need for the easement.
163. 3 Item Accpt SD For Maintenance. Inspection and maintenance of the storm
drain system to be constructed with this tract must be performed by the City
PW Department and/or the Riverside County Flood Control District (District).
The engineer (owner) must request in writing that one of these agencies accept
the proposed storm drain system. The request shall note the project number,
location, briefly describe the system (sizes and lengths) and include an exhibit
that shows the proposed alignment. The request to the District shall be
addressed to the General Manager-Chief Engineer, and to the Chief of the
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Planning Division. The request to the City shall be addressed to PW Director.
If the City and/or District is willing to maintain the proposed drainage system
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 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 and City PW Director. The plans cannot be
signed prior to execution of the agreement. An application to draw up an
agreement must be submitted to the District and/or City PW Department. All
right of way transfer issues must be coordinated with the District's Right of Way
Section and City PW Department. The engineer/developer will need to submit
proof of flood control facility bonds and a certificate of insurance to the City
and/or District's Inspection section before a pre-construction meeting can be
scheduled.
D. NPDES, SWPPP, WQMP
General Conditions
164. 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 WQMP
guidelines in place at the time of the original project approval date, and
provided there is no major change in hydrology of the site that would require
additional BMPs.
165. 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
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the sanitary sewer as an option, in accordance with Eastern Municipal Water
District (EMWD) criteria.
An alternate floor drain from the interior of the enclosure that discharges to the
sanitary sewer may be constructed only after obtaining approval from EMWD.
This option requires the following:
a. The trash enclosure shall be lockable and locked when not in use with a
2-inch or larger brass resettable combination lock. Only employees and
staff authorized by the enclosure property owner shall be given access.
This requirement may not be applicable to commercial complexes with
multiple tenants.
b. A waterless trap primer shall be provided to prevent escape of gasses
from the sewer line and save water.
c. Hot and cold running water shall be provided with a connection nearby
with an approved backflow preventer. The spigot shall be protected and
located at the rear of the enclosure to prevent damage from bins.
Prior to Issuance of Grading Permit
166. 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:
Hydrology/hydraulics report
Soils Report that includes soil infiltration capacity
Limited Phase II Environmental Site Assessment Report
167. 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.
168. 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.
169. 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
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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
170. WQMP/BMP – Education. Prior to issuance of Certificate of Occupancy, the
developer/project owner shall provide the City proof of notification to future
occupants of all non-structural BMP’s and educational and training
requirements for said BMP’s as directed in the approved WQMP. Acceptable
proof of notification must be in the form of a notarized affidavit at the minimum.
The developer may obtain NPDES Public Educational Program materials from
the Riverside County Flood Control and Water Conservation District's (District)
NPDES Section by either the District's website
www.floodcontrol.co.riverside.ca.us or by calling the District’s office directly.
The developer must provide to the PW Engineering Department a notarized
affidavit stating that the distribution of educational materials to future
homebuyers has been completed prior to issuance of occupancy permits.
If conditioned for a Water Quality Management Plan (WQMP), a copy of the
notarized affidavit must be placed in the report. The PW Engineering
Department MUST also receive the original notarize 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.
171. 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 eh future owners/occupants. The City will not release occupancy permits for
any portion of the project until all proposed BMPs described in the approved
project specific WQMPs, to which the portion of the project is tributary to, are
completed and operational.
172. 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.
173. BMP Maintenance & Inspection. If the development is establishing a
Homeowners Association (HOA The CC&R's for the development's
Homeowners Association (HOA) shall contain inspection provisions for any
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privately owned treatment control BMPs, and if required, cleaned no later than
any major rain event. The CC&R's shall identify the entity that will inspect and
maintain all privately owned structural BMP's within the project boundaries. A
copy of the CC&R's shall be submitted to the PW Engineering Department for
review and approval.
E. TRAFFIC ENGINEERING, STREET IMPROVEMENTS AND DEDICATIONS
General Conditions
174. Drainage. 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.
175. Traffic Signal Mitigation Prog. The project proponent shall participate in the
Traffic Signal Mitigation Program as approved by the Public Works Engineering
Department.
176. Traffic Generator/Attractor. The proposed project will be a substantial traffic
attractor and 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 and Air Quality Management
Plan, including design provisions to accommodate transit services, all as
approved and confirmed by the City PW Director.
177. TS/Conditions. Prior to City incorporation, the County of Riverside
Transportation Department has reviewed the traffic study submitted for this
project. The study has been prepared in accordance with County approved
guidelines in place at that time. The County generally concurred with the
findings relative to traffic impacts, and has provided the following comments:
The Riverside County Transportation Department has reviewed the traffic study
submitted by Kunzman Associates for the subject project. The study has been
prepared in accordance with County-approved guidelines. We generally concur
with the findings relative to traffic impacts.
The study indicates that 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):
Murrieta Road (NS)/Holland Road (EW) Murrieta Road (NS)/Mountain Park
Drive (EW) Murrieta Road (NS)/Newport Road (EW) Killington Drive
(NS)/Newport Road (EW) Evans Road (NS)/Newport Road (EW) Bradley Road
(NS)/Newport Road (EW) Sherman Road (NS)/Newport Road (EW) Haun
Road (NS)/Newport Road (EW) I-215 SB Ramps (NS)/Newport Road (EW) I-
215 NB Ramps (NS)/Newport Road (EW) Antelope Road (NS)/Newport Road
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(EW) Bradley Road (NS)/La Piedra Road (EW) Evans Road (NS)/La Piedra
Road (EW) Evans Road (NS)/Ho
lland Road (EW) Bradley Road (NS)/Holland Road (EW) Evans Road
(NS)/Rosalia Drive (EW)
The Comprehensive General Plan circulation policies require a minimum of
Level of Service "C". 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.
The City of Menifee PW Engineering Department has been provided with the
traffic impact analysis (TIA) mentioned herein. The study was prepared in 1999
prepared by Kunzman and Associates. Prior to final map recordation, an
updated TIA shall be submitted to the PW Engineering Department for review
and approval. The updated study shall be prepared following current City
standards and TIA preparation guidelines. Final approval shall be by the PW
Director/City Engineer.
178. Utility Installation. Electrical power, telephone or other communication, street
lighting, and cable television lines shall be placed underground. This also
applies to existing overhead lines along the project frontage.
179. Offsite Access. The developer/property owner shall provide/acquire sufficient
public off-site right-of-way to provide for two paved access roads to a paved
and maintained road. Said access roads shall be constructed in accordance
with applicable City or adopted County Standard No. 106, Section B (32'/60') at
a grade and alignment as approved by the PW-Engineering Department.
Should the applicant fail to provide/acquire said off-site right-of-way, the map
shall be returned for redesign. The applicant shall provide the appropriate
environmental clearances for said off-site improvements prior to recordation or
the signature of any street improvement plans.
Said off-site access road shall be the southerly extension of Street “A” to
Holland Road.
Said off-site access road shall be the easterly extension of La Piedra Road to
Evans Road and the northerly extension of Evans Road to Newport Road.
Improvements shall be designed in accordance with the development’s Specific
Plan, City General Plan, and applicable City standards as determined by the
PW Director-City Engineer. The improvement shall also include an appropriate
transitions on project boundaries approved by the City Traffic Engineer.
181. Traffic Signal at the Intersection of Evans Road and Holland Road. The
development is required to provide the traffic signal improvements and
necessary Right of Way for the signal, at the intersection of Evans and Holland
including the SEC of Holland and Evans Road so that a safe design for the
signal can be achieved. In final engineering, the developer shall provide the
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metes and bounds description of the limits of the signal design for review and
approval by the PW Engineering Department.
180. Map - Off-Site Phase. Should the applicant choose to phase any portion of this
project, said applicant shall provide off-site access roads to City and/or County
maintained roads as approved by the PW Engineering Department.
181. 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.
182. Road Improvements. All road improvements shall be improved per the City of
Menifee General Plan designations, as adopted by the City of Menifee City
Council.
Improvement plans for the required improvements must be prepared and shall
be based upon a design profile extending a minimum of 300 feet beyond the
project boundaries at a grade and alignment as approved by the City Public
Works Department. Completion of road improvements does not imply
acceptance for maintenance by City.
183. SP140A2/Demand Mgmt Prog. 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,
including design provisions to accommodate transit services, all as approved
and confirmed by the City PW Director.
184. Bike Lanes On Evans Road. Evans Road within the project boundaries is
classified as a Class II Bike Lane and Community Trail per City master plans.
Evans Road shall be designed to accommodate Class II Bike Lanes,
Community Trails, and street cross sections as a modified Secondary Road.
The cross section shall be approved by the PW Engineering Department.
185. Bike Lanes On La Piedra Road. La Piedra Road from Evans Road to project
boundaries is classified as a Class II Bike Lane per City master plan. La Piedra
Road shall be designed to accommodate Class II Bike Lanes, and street cross
sections as a modified Secondary Road. The cross section shall be approved
by the PW Engineering Department.
186. Missing Bike Lanes On Evans Road North Of La Piedra. Prior to city
incorporation, Evans Road north of La Piedra within the project boundaries was
constructed by the Riverside County without the bike lanes. These missing bike
lanes shall be provided with the construction of the improvements for this
project.
187. No Parking On Evans Road And La Piedra Road. Unless these roads are
widened, parking will not be allowed on both sides of Evans Road and La
Piedra Road. Appropriate signs shall be included to reflect this restriction on
the project’s signing and striping plans.
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188. Access Concerns. Access is a concern regarding portions of this proposal,
particularly with regard to Evans Road. The project proponent shall be required
to provide appropriate paved access as may be required by the City PW
Director throughout the development of the project, including Evans Road
between Holland Avenue and Newport Road.
Prior to Final Map Recordation
189. Street Dedications. La Piedra Road shall be improved within the dedicated
right-of-way in accordance with applicable City adopted County Standard No.
102. (32'/44').
Street 'A' and Farmington Road shall be improved within the dedicated right-of-
way in accordance with applicable City adopted County Standard No. 104,
Section A. (40'/60')
Street 'B', 'C' and 'D' shall be improved within the dedicated right-of-way in
accordance with applicable City adopted County Standard 105, Section A.
(36'/60')
190. *NOTE* The applicant shall provide 50' of tangent from the flowline/curb
face prior to the beginning of the curve on all roadways.
191. SP -Road Improvements Provide. Prior to the recordation of any subdivision
or parcel map for any portion of the specific plan, the project proponent shall
provide for the following road improvements. Construction shall be conditioned
on individual tracts as needed to satisfy infrastructure needs.
Holland Avenue along project frontage. Newport Road along project frontage.
Evans Road between Holland Avenue and Newport Road. La Piedra Road
from project boundary to project boundary.
192. Holland Road Dedication. Holland Road is designated a Major Road, four
lanes divided Class II Bike road in the City General Plan. The property owner
shall dedicate the necessary right-of-way on Holland Road fronting the
development to meet the required half width street right of way from the
centerline.
193. Evans Road Dedication. Evans Road is designated a Secondary, four lane
undivided Class II Bike road in the City General Plan. The property owner shall
dedicate the necessary right-of-way on Evans Road fronting the development
to meet the 44 feet half width street right of way from the centerline.
194. Evans Road Improvements. Evans Road within the development shall be
improved for as a Secondary Road with Class II Bike Lane. Improvements
shall extend 300 feet past the project boundary line with appropriate transition
approved by the PW Director.
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195. Improvement Plans. Improvement plans for developed common open space
area, including irrigation plans, shall be submitted for Planning Department.
196. Easements On Final Map. Any easement not owned by a public utility, public
entity or subsidiary, not relocated or eliminated prior to final map approval, shall
be delineated on the final map in addition to having the name of the easement
holder, and the nature of their interests, shown on the map.
197. Access Restriction. Lot access shall be restricted on La Piedra Road and
Evans Road and so noted on the final map.
198. Signing And Striping Plan. A signing and striping plan on City title block is
required for this project. The applicant shall be responsible for any additional
paving and/or striping removal caused by the striping plan. Prior to the
recordation of any subdivision or parcel map for any portion of the specific plan,
the project proponent shall provide signing and striping plans providing the
following geometrics:
Newport Road/Evans Road:
Northbound- one left turn, one lane for left or right turn movement, one right
turn lane.
Eastbound- one left turn lane, two through lanes, one lane to accommodate
future left turn movements.
Westbound- one left turn lane, two through lanes.
Holland Avenue/Evans Road:
Northbound- one left turn lane, one through lane.
Eastbound- one left turn lane, two through lanes.
Westbound- one left turn lane, two through lanes.
Southbound- one left turn lane, one through lane.
The project proponent shall make provisions for any widening necessary to
facilitate such plans as approved by the City PW Director/City Engineer.
199. Signing And Striping Plan On Evans And La Piedra Roads. The required
signing and striping plan shall include all of Evans Road and La Piedra Road
within the project limits, alignment of lanes on La Piedra as it transition to west
of Evans where Class II bike lane designation ends, and appropriate no parking
signs on both sides of these roads. The required signing and striping ping shall
be installed prior to the issuance of any certificate of occupancy for this project.
200. Street Name Sign. The developer/property owner shall install street name
sign(s) in accordance with applicable City Standard as directed by the PW-
Engineering Department
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201. Landscaping Maintained By City Maintenance District. The applicant shall
comply with the parkway landscaping requirements of City adopted Ordinance
499 for all General Plan Circulation Element roads. Landscaping shall be
installed along La Piedra Road, and shall be maintained by annexation into a
City Facilities District (CFD) or enter into a similar financing mechanism.
Landscaping plans shall be submitted with the street improvement plans for
approval.
202. Soils. The developer/owner shall submit a preliminary soils and pavement
investigation report addressing the construction requirements within the road
right-of-way.
203. Intersection/50’ Tangent. All centerline intersections shall be at 90 degrees,
plus or minus 5 degrees, with a minimum 50’ tangent, measured from
flowline/curb face or as approve by the PW Engineering Department.
204. Streetlight Plan. Install street lights along the streets associated with the
development in accordance with City standards and policies. If the project is
not already within the boundaries of County Service Area (CSA), the project
shall apply for an application with the City to annex into the citywide CFD 2015-
2 for public streetlight maintenance services. PRIOR TO OCCUPANCY, the
landowner shall provide proof that the annexation has been completed.
205. Onsite And Offsite Public Street Lights Ownership And Maintenance. All
proposed public street lights shall be designed as LS3 lights in accordance with
City approved standards and specifications. 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 projects street improvement plans or in a separate
street light plan or as determined and approved by the PW Director.
206. 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.
207. Assessment District. 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.
208. Landscape Improvement Plans. Landscape improvements within public ROW
and/or areas dedicated to the City for the citywide CFD to maintain shall be
prepared on a separate City CFD plans and submitted to the PW Engineering
Department for review and approval. The plans may be prepared for each map
phase or as one plan for the entire development as determined by the PW
Director. When necessary as determined by the PW Director, a separate
WQMP construction plan on City title block maybe required for review and
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approval by the PW Engineering Department prior to issuance of a grading
permit.
209. Parkway Landscaping. The parkway areas behind the street curb within the
public’s right-of-way, shall be landscaped and irrigated per City standards and
guidelines. Continuing maintenance shall be assured through the
establishment of a landscape maintenance district or similar mechanism as
approved by the City. The minimum width for landscaped medians shall be 14
feet.
The proposed "Enhanced Secondary Highway (Landscaped Median)" is
approved, in concept, subject to submittal and review of design details. The
parkway width on Arterial Highways utilizing landscaped buffers may be
reduced to a minimum of nine feet, on a case by case basis, subject to the
submittal and review of street improvement plans. The use of textured
pavement accents within public roadway sections as an entry feature shall not
be permitted.
Prior to Building Permit Issuance
210. Garage Doors. Garage door setbacks for all residential zones shall be 20 feet
for rollup doors, measured from the street right-of-way to the face of garage.
Side entry garages shall comply with minimum building setback requirements.
Prior to Issuance of Certificate of Occupancy
211. Street Sweeping. Street sweeping annexation or inclusion into CSA or similar
mechanism as approved by the Public Works Department shall be completed.
212. 80% Completion. Occupancy releases will not be issued for any lot exceeding
80% of the total recorded residential lots within any map or phase of map prior
to completion of the following improvements:
a. Primary and Alternate (secondary) access roads shall be completed
and paved to finish grade according to the limits indicated in the
improvement plans and as noted elsewhere in these conditions.
b. Interior roads shall be completed and paved to finish grade according to
the limits indicated in the improvement plans and as noted elsewhere in
these conditions. All curbs, gutters, sidewalks and driveway approaches
shall be installed
c. With the exception of those utilized as part of the project specific
WQMP for the project, storm drains and flood control facilities shall be
completed according to the improvement plans and as noted elsewhere
in these conditions. 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,
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
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sewer manholes shall be raised to pavement finished grade. Written
confirmation of acceptance from sewer purveyor is required.
f. Landscaping and irrigation, water and electrical systems shall be
installed and operational in accordance with City adopted County
Ordinance 461
The 80% completion shall not apply to BMP facilities serving as water quality
BMPs in the project’s approved WQMP. These BMP facilities must be
completed and operational prior to issuance of any certificate of Occupancy.
213. Traffic Signal Mitigation Fee. In accordance with Riverside County Ordinance
No. 748, this project shall be responsible for Signal Mitigation Program fees in
effect at the time of final inspection. The fee shall be paid on a lump sum basis
for all lots in the recorded phase of the subdivision prior to the final building
permit. Said fee shall be based upon the following criteria: Residential Single
Family/per dwelling unit.
F. COMMUNITY FACILITIES MAINTENANCE DISTRICT
General Conditions
Prior to Grading Permit Issuance
214. Citywide Cfd. Prior to City incorporation, this development was conditioned to
annex into the Riverside County Transportation and Land Management Agency
(TLMA), Consolidated Landscape and Lighting Maintenance District (L&LMD),
and the Riverside County Economic Development Agency’s (EDA) County
Service Area (CSA). These entities were to provide maintenance services of
certain public facilities that will benefit the proposed development. The City of
Menifee has now taken over the administration of these special districts for
properties within City boundaries. Although the City now has oversight,
annexations into these Districts are no longer considered by the TLMA and the
EDA.
The development is proposing construction of certain facilities that will
eventually become public or will require provision of public services. These
include maintenance and operation of water quality basins, street sweeping
and maintenance, landscape, streetlights, and graffiti abatement, and public
parks. The City has established a citywide maintenance Community Facilities
District (CFD 2015-2) that provide equivalent and additional services beyond
the authorized service limits of both the L&LMD and the CSA. Annexation of
the project into CFD 2015-2 will allow the development to comply with previous
conditions.
Prior to Final Map Recordation
215. Annexation To Citywide Community Facilities District. 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 This CFD will also be responsible for:
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The maintenance of public improvements or facilities associated with this
development, including but not limited to, public landscaping, streetlights, traffic
signals, streets, drainage facilities, water quality basins, graffiti abatement, and
other public improvements or facilities as approved by the Public Works
Director.
The developer/property owner shall be responsible for all cost associated with
the annexation of the proposed development in the citywide CFD.
216. 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.
217. Maintenance Of Cfd Accepted Facilities. All landscaping and appurtenant
facilities to be maintained by the citywide CFD 2015-2 shall be built to City
standards. The developer shall be responsible for ensuring that landscaping
areas to be maintained by the CFD have its own controller and meter system,
separate from any private controller/meter system.
G. WATER, SEWER, RECYCLED WATER
Prior to Final Map Recordation
218. ECS - Water System Installed Prior to Bldg. ECS map must be stamped by
the Riverside County Surveyor with the following note:
The required water system including fire hydrants shall be installed and
accepted by the appropriate water agency prior to any combustible building
materials being placed on an individual lot.
219. Wet Utility Improvements. All potable water, sewer and recycled water
improvements to serve this development shall be designed per the Eastern
Municipal Water District (EMWD) standards and specifications and applicable
City standards. The final design including pipe sizes and alignments shall be
subject to the approval of EMWD and the City of Menifee.
220. Offsite And Onsite Lateral Connections. All onsite and offsite sewer, water
and recycled water connections within the public’s ROW shall require
encroachment permits from the City and shall be guaranteed for construction
prior to final map recordation.
H. WASTE MANAGMENT
General Conditions
221. AB 341. AB 341 focuses on increased commercial waste recycling as a
method to reduce greenhouse gas (GHG) emissions. The regulation requires
businesses and organizations that generate four or more cubic yards of waste
per week and multifamily units of 5 or more, to recycle. A business shall take at
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least one of the flowing actions in order to reuse, recycle, compost, or
otherwise divert commercial solid waste from disposal:
a. Source separate recyclable and/or compostable material from solid
waste and donate or self-haul the material to recycling facilities.
b. Subscribe to a recycling service with their waste hauler.
c. Provide recycling service to their tenants (if commercial or multi-family
complex).
d. Demonstrate compliance with the requirements of California Code of
Regulations Title 14.
For more information, please visit:
www.rivcowm.org/opencms/recycling/recycling_and_compost_business.html#
mandatorv
222. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate
eight (8) cubic yards or more of organic waste per week to arrange for organic
waste recycling services. The threshold amount of organic waste generated
requiring compliance by business is reduced in subsequent years. Businesses
subject to AB 1826 shall take at least one of the following actions in order to
divert organic waste from disposal:
a. Source separate organic material from all other recyclables and donate
or self-haul to a permitted organic waste processing facility.
b. Enter into a contract or work agreement with gardening or landscaping
service provider or refuse hauler to ensure the waste generated from
those services meet the requirements of AB 1826.
c. Consider xeriscaping and using drought tolerance/low maintenance
vegetation in all landscaped areas of the project.
Prior to Building Permit Issuance
223. Recyclables Collection And Loading Area Plot Plan. Prior to the issuance of
a building permit for each building, the applicant shall submit three (3) copies of
a Recyclables Collection and Loading area plot plan to the City of Menifee
Engineering /Public Works Department for review and approval. The plot plan
shall show the location of and access to the collection are for recyclable
materials along with its dimensions and construction detail, including
elevation/façade, construction material and signage. The plot plan shall clearly
indicate how the trash and recycling enclosures shall be accessed by the
hauler.
The applicant shall provide documentation to the Community Development
Department to verify that Engineering and Public Works has approved the plan
prior to issuance of a building permit.
224. Waste Recycling Plan. Prior to the issuance of a building permit for each
building, a Waste Recycling Plan (WRP) shall be submitted to the City of
Menifee Engineering/Public Works Department for approval. Ata minimum, the
WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be
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generated by construction and development, the projected amounts, the
measures/methods that will be taken to recycle reuse, and/or reduce the
amount of materials, the facilities and/or haulers that will be utilized, and the
targeted recycling or reduction rate. During project construction, the project site
shall have, at a minimum, two (2) bins; one for waste disposal and the other for
the recycling of Construction and Demolition (C&D) materials. Additional bins
are encouraged to be used for further source separation of C&D recyclable
materials. Accurate record keeping (receipts) for recycling of C&D recyclable
materials and solid waste disposal must be kept. Arrangements can be made
through the franchise hauler.
The applicant shall provide documentation to the Community Development
Department to verify the Engineering and Public Works has approved the plan
prior to issuance of a building permit.
Prior to Issuance of Certificate of Occupancy
225. Waste Management Clearance. Prior to issuance of an occupancy permit for
each building, evidence (i.e. receipts or other type of verification) shall be
submitted to demonstrate project compliance with the approved WRP to the
Engineering and Public Works Department in order to clear the project for
occupancy permits. Receipts just clearly identify the amount of waste disposed
and Construction and Demolition (C&D) materials recycled.
I. FEES DEPOSITS AND DEVELOPEMNT IMPACT FEES
226. 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.
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Section IV:
Riverside County Fire Department
Conditions of Approval
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General Conditions
227. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted
on private streets, public streets and driveways to indicate location of fire
hydrants, prior to installation, placement of markers must be approved by the
Riverside County Fire Dept.
228. 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 1000 GPM for 2 hour
duration at 20 PSI. Shall include perimeter streets at each intersection and
spaced 660 feet apart.
229. Address. The address will be clearly visible from the public roadway, located
no more than 5 feet from access to the parcel.
230. Fire Department Access. Fire Department apparatus access shall be
provided to within 150 feet of all portions of all buildings. Driveway loops, fire
apparatus access lanes and entrance curb radius should be designed to
adequately allow access of emergency fire vehicles. Driveways more than 300
feet will require an approved turnaround.
Prior to Final Map
231. 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.
232. 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 PW/Engineering Department
and the Riverside County Fire Department.
233. Mitigation Unit/Lot. The applicant or developer shall deposit with the Riverside
County Fire Department, a check or money order in the sum of $400.00 per
lot/unit as mitigation for fire protection impacts.
234. ECS – Roofing Material. ECS map must be stamped by the Riverside County
Surveyor with the following note: All buildings shall be constructed with class
"B" material as per the California Building Code.
235. ECS Fuel Modification. ECS map must be stamped by the Surveyor with the
following note: Prior to the issuance of a grading permit, the developer shall
prepare and submit to the fire department for approval a fire
protection/vegetation management that should include but not limited to the
following items: a) Fuel modification to reduce fire loading. b) Appropriate fire
breaks according to fuel load, slope and terrain. c) Non flammable walls along
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common boundaries between rear yards and open space. d) Emergency
vehicle access into open space areas shall be provided at intervals not to
exceed 1500'. e) A homeowner's association or appropriate district shall be
responsible for maintenance of all fire protection measures within the open
space areas.
ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE
DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVE
CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER
CONSERVATION AGENCY.
236. ECS - Water System Installed Prior to Bldg. ECS map must be stamped by
the Riverside County Surveyor with the following note:
The required water system including fire hydrants shall be installed and
accepted by the appropriate water agency prior to any combustible
building materials being placed on an individual lot.
Prior to Issuance of Grading Permit
237. Fuel Modification. Prior to the issuance of a grading permit, the developer
shall prepare and submit to the fire department for approval a fire
protection/vegetation management that should include but not limited to the
following items:
a) fuel modification to reduce fire loading b) appropriate fire breaks according
to fuel load, slope and terrain. c) non flammable walls along common
boundaries between rear yards and open space. d) emergency vehicle access
into open space areas shall be provided at intervals not to exceed 1500 feet e)
a homeowner's association or appropriate district shall be responsible for
maintenance of all fire protection measures within open space areas.
ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE
DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVE
CONCURRENCE WITH THE RESPONBILE WILDLIFE AND/OR OTHER
CONSERVATION AGENCY.
Prior to Issuance of Building Permit
238. Tract Water Verification. The required water system, including all fire
hydrant(s), shall be installed and accepted by the appropriate water agency
and the Riverside County Fire Department prior to any combustible building
material placed on an individual lot. Contact the Riverside County Fire
Department to inspect the required fire flow, street signs, all weather surface
and all access primary and/or secondary. Approved water plans must be on the
job site.
239. Secondary/Alternative 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. Prior to
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any building permit(s) for models/production secondary access shall be
provided and inspected for verification by the fire department. For all phases
per exhibit "f" dated 10-16-00.
240. Fire Sprinkler Systems. All one and two family homes shall have fire sprinkler
systems in accordance with the California Residential Code, 2013 edition.
241. Fire Hydrant. Prior to the release of your installation, site prep and/or building
permits from Building and Safety. Fire hydrant(s) system must be installed per
the Environmental Constraint Sheet Map that was filed with the Riverside
County Surveyor's Office. Inspection/Verification of the fire hydrant(s) shall be
done by the Riverside County Fire Department. Contact the fire department for
verification guidelines.
Prior to Final Inspection
242. Fire Sprinkler Systems. All one and two family homes shall have fire sprinkler
systems in accordance with the California Residential Code, 2013 edition.
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Section V:
Riverside County Environmental
Health Conditions of Approval
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General Conditions
243. 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.
244. Retention Basins. Any proposed retention basins shall be constructed and
maintained in a manner that prevents vector breeding and vector nuisance.
245. Knoll Area. The Eastern Municipal Water District (EMWD) may acquire title to
all or a portion of the existing natural open space "knoll" within the western
portion of Planning Area 6 for the purpose of constructing a water storage tank.
Any portion of such knoll area not acquired by EMWD shall be owned and
maintained in accordance with Condition #176, below. A site plan shall be
submitted to the Planning Department for review and approval should the
acquisition of property in Planning Area 6 cause a deviation from the trail
system depicted in Figure 16 of the Specific Plan Text. (Added at Board of
Supervisors on 12/11/90)
Prior to Final Map
246. Water System. A water system shall have plans and specifications approved
by Eastern Municipal Water District and the Department, the City Engineering
Department, of Environmental Health.
247. Financial Arrangements. Financial arrangements (securities posted) must be
made for the water improvement plans and be approved by the City.
248. Sewer System. A sewer system shall have mylar plans and specifications as
approved by the Eastern Municipal Water District, the City Engineering
Department and the Department of Environmental Health.
249. Annexation. Annexation proceedings must be finalized with the applicable
purveyor for sanitation service.
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Section VII:
Community Services Department
Conditions of Approval
68
General Conditions
250. Park Annexation. All parklands must be annexed into a Communities
Facilities District or other acceptable mechanism as determined by the City of
Menifee.
251. Maintenance of Parks and Landscaping. All parks, landscaping and similar
improvements not maintained by a property owner’s association or individual
property owner must be annexes into a Lighting and Landscape Maintenance
District, or other mechanism as determined by the City of Menifee (City).
252. Park Dedication. All Quimby or other park fees or dedication for parkland and
park improvements shall be made or paid to the City of Menifee.
253. Trail Maintenance. The land divider, or any successor-in-interest to the land
divider, shall be responsible for maintenance and upkeep of any trail easement
required under these conditions until such time as the maintenance is taken
over by a Communities Facilities District or any other appropriate maintenance
district.
Prior to Final Map
254. Annexation into Park District. The land divider shall submit written proof to
the Community Development Department that the subject property has been
annexed to Communities Facilities District or other entity acceptable to the
Community Development Director.
255. Trail Easement. Prior to or in conjunction with the recordation of the final map
the applicant shall offer for dedication to the County of Riverside a trails
easement as shown on the approved trails plan. All trails shall be consistent
with the approved tentative map, the Specific Plan, the City’s General Plan and
the City’s Park, Trails, Open Space and Recreation Master Plan. These trails
include but may not be limited to a Class I Bike Trail located along La Piedra
Road for the entire length of the project map as specified in the Specific Plan.
Prior to Issuance of Grading Permit
256. Trail Plan. Prior to the issuance of any grading permits, the applicant shall
submit a trails plan. This trails plan shall show the trails on TR28786. All trails
shall be consistent with the approved tentative map, the Specific Plan, the
City’s General Plan and the City’s Park, Trails, Open Space and Recreation
Master Plan. These trails include but may not be limited to a Class I Bike Trail
located along La Piedra Road for the entire length of the project map as
specified in the Specific Plan.
Prior to Issuance of Building Permit
257. Planning Area 6C Conceptual Park Plans. Prior to building permit issuance,
a minor plot plan application shall be submitted to and approved by the
Community Services Department and/or Community Development Department
showing the conceptual park plans for PA 6C of Specific Plan No. 140.
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Conceptual plans shall contain overall site map or tract map showing locations
of all parks, trails, channels, basins and/or open spaces; vicinity map; street
names; north arrow; adjacent land use; proposed park layout including but not
limited to parking lot and concrete layout, all proposed amenities, (including,
but not limited to gazeboes, tot lots, picnic areas, lighting, decomposed granite
trails, etc.); turf and planter layout; tree locations; and plant palette. The plans
shall be approved by The City or other entity acceptable to the City of Menifee.
258. Park Plans. Prior to building permit issuance, the applicant shall submit a park
plan to the City of Menifee Community Services Department and/or Community
Development Department for review and approval. The plan shall be prepared
consistent with the park plan requirements detailed in Menifee Municipal Code
Chapter 9.86 and Park Design Guidelines, and with Menifee Municipal Code
Chapter 15.04 for water efficient landscaping. Upon approval of a conceptual
plan, a working drawing shall be submitted to the Engineering Department.
Prior to Issuance of Given Building Permit or Occupancy
259. Planning Area 6C Conceptual Park Plans Required. Prior to issuance of the
first building permit within Tentative Tract Map Nos. 28786-28794, a minor plot
plan application shall be submitted to and approved by the Community
Services Department and/or Community Development Department showing the
conceptual park plans for the Planning Area 6C Park. Conceptual plans shall
contain overall site map or tract map showing locations of all parks, trails,
channels, basins and/or open spaces; vicinity map; street names; north arrow;
adjacent land use; proposed park layout including but not limited to parking lot
and concrete layout, all proposed amenities, (including, but not limited to
gazeboes, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf
and planter layout; tree locations; and plant palette. The plans shall be
approved by The City. If the conceptual park plan has already been approved,
this condition shall become null and void.
260. Planning Area 6C Park Plans Required. Prior to the issuance of the 250th
building permit within the Newport Estates Specific Plan, the applicant shall
submit a park plan to the City of Menifee Engineering and Public Works
Department for review and approval. The plan shall be prepared consistent
with the park plan requirements detailed in Menifee Municipal Code Chapter
9.86 and Park Design Guidelines, and with Menifee Municipal Code Chapter
15.04 for water efficient landscaping. If the park plan has already been
approved, this condition shall become null and void.
261. Planning Area 6C Park Construction. The park and amenities located within
Planning Area 6C shall be installed and open to the public prior to issuance of
the 300th occupancy permit within the Newport Estates Specific Plan. The park
and amenities shall be installed per City approved park plans. The park and
amenities will be inspected by City staff to verify that this has occurred. 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. If the
park is already under construction or has been completed and has passed final
inspection, this condition shall become null and void.
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262. Planning Area 6C Park Turnover. Prior to the issuance of the 350th
occupancy permit within the Newport Estates Specific Plan or 90 days after
construction is complete, Park 6C shall be accepted by the City of Menifee for
90 day maintenance. If the park has already been turned over, this condition
shall become null and void.
263. Planning Area 6B Park Plans Required. Prior to the issuance of the 400th
building permit within the Newport Estates Specific Plan, the applicant shall
submit a park plan to the City of Menifee Engineering and Public Works
Department for review and approval. The plan shall be prepared consistent
with the park plan requirements detailed in Menifee Municipal Code Chapter
9.86 and Park Design Guidelines, and with Menifee Municipal Code Chapter
15.04 for water efficient landscaping. If the park plan has been approved, this
condition shall become null and void.
264. Planning Area 6B Park Construction. The park and amenities located within
Planning Area 6B shall be installed and open to the public prior to issuance of
the 500th building permit within the Newport Estates Specific Plan. The park
and amenities shall be installed per City approved park plans. The park and
amenities will be inspected by City staff to verify that this has occurred. 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. If the
park is already under construction or has been completed and has passed final
inspection, this condition shall become null and void.
265. Planning Area 6B Park Turnover. Prior to the issuance of the 550th
occupancy permit within the Newport Estates Specific Plan or 90 days after
construction is complete, Park 6B shall be accepted by the City of Menifee for
90 day maintenance. If the park has already been turned over, this condition
shall become null and void.
266. Park Performance Security. Prior to the issuance of the first certificate of
occupancy within the subdivision, the developer shall provide a sufficient
surety, as determined by the Engineering and Public Works Director, to
guarantee that the park improvements and amenities are completed and ready
for public use.
267. Trail Construction. Prior to the issuance of the 35th building permit the
applicant shall build the trail as shown on the approved trails plan. Trails shall
be consistent with the approved tentative map, the City’s General Plan and the
City’s Park, Trails, Open Space and Recreation Master Plan. These trails
include but may not be limited to a Class I Bike Trail located along La Piedra
Road for the entire length of the project map as specified in the Specific Plan.
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END OF CONDITIONS
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)