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PC18-373 EXHIBIT “A” Conditions of Approval for Tentative Tract Map No. 28794 per Extension of Time No. 2016-225 for a Residential Subdivision of 27.5 acres into 65 Single Family Residential Lots and 5 Open Space Lots Including a 5.5 Acre Park Site 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 2 Section I: Conditions Applicable to all Departments 3 General Conditions 1. Project Description. The land division hereby permitted is a Schedule “A” subdivision of 7.5 acres into 65 single family residential lots with a 7,200 sq. ft. minimum lot size and 5 open space lots, including a 5.5 acre park site. 2. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 28794 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. 28794, Amended No. 4 dated June 20, 2000. 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. 28794 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 constructed by development, Developer agrees to petition for formation of, 4 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. 5 Section II: Community Development Department Conditions of Approval 6 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 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. 7 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 Evans Road and La Piedra Road. 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. 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. 19. 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 or for landscaping that is proposed for CFD maintenance shall be submitted to the PW/Engineering Department only. 5) Each phase shall have a separate wall and fencing plan. 8 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. 20. 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 parcels on which a stockpile has been placed and shall prevent all off-highway vehicles from using the property. 21. 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. 22. 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. 23. 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 24. 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. 25. 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 9 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 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.” 26. 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. 10 3) The paleontologist shall determine the significance of the encountered fossil remains. 4) Paleontological monitoring of earthmoving activities will continue thereafter on an as-needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level. 5) If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. 6) Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. FEES 27. 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 Final Map 28. 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 11 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. 29. Final Map Preparer. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 30. 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. 31. 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.” 32. 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.” 33. 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. 12 34. 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.” 35. ECS Note Biological. The following Environmental Constraints note shall be placed on the ECS "County Biological Reports No.s PD-B-1844 and PD-B-1845 were prepared for this property by Thomas Olsen Associates, Inc., and are on file at the County of Riverside Planning Department. Biological resources requiring protection include, but are not limited to, coastal California gnatcatcher and its habitat. The property is subject to biological resources restrictions based on the results of the report." 36. 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. 37. 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. 38. 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. 13 c. The maintenance organization shall be established prior to or concurrent with the recordation of the first land division. 39. 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 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 14 such 'common area', shall manage and continuously maintain such 'common area', and shall not sell or transfer such 'common area' or any part thereof, absent the prior written consent of the Community Development Director of the City or the City's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This declaration shall not be terminated, 'substantially' amended, or property de-annexed therefrom absent the prior written consent of the Community Development Director of the City of Menifee or the City's successor-in-interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area' established pursuant to this Declaration. In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control." Once approved by the City Attorney, the declaration of covenants, conditions and restrictions shall be recorded by the Community Development Department with one copy retained for the case file, and one copy provided to the City Engineering Department - Survey Division. 40. 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; 15 (ii) Provide for the establishment of a property owner's association comprised of the owners of each individual lot or unit; and (iii) Provide for the ownership of the common area by either the property owner's association or a permanent public master maintenance organization. (d) The declaration of CC&Rs shall contain the following provisions verbatim: (i) ”Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply: - The property owners' association established herein shall manage the 'common areas', more particularly described on the subdivision map, attached hereto, and shall not sell or transfer the 'common areas' or any part thereof, absent the prior written consent of the Community Development Department of the City of Menifee. - The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of managing such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a management assessment. The property owners' association established herein shall regulate individual private lot development standards. - The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is located within a separate common lot. - An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. - This Declaration shall not be terminated, 'substantially' amended, or property de-annexed there from absent the prior written consent of the Community Development Director of the City of Menifee.” (ii) A proposed amendment shall be considered 'substantial' if it affects the extent, usage, or maintenance of the 'common area' established pursuant to the Declaration.” (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." 16 (iv) "The management and maintenance of the project site in accordance with the Storm Water Pollution Prevention Plans (SWPPPs), Monitoring Programs, and Post Construction Management Plans to include the following best management practices (BMPs) to reduce storm water pollution: Initial residents, occupants, or tenants of this site shall receive educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be provided by the Riverside County Flood Control and Water Conservation District and shall be distributed by the properties owners' association. These materials shall address good housekeeping practices associated with residential developments, such as: - Where improper disposal of trash has occurred, the property owners' association shall take corrective action within forty- eight hours of discovery (BMP N5). - The street(s) and parking lot(s), more particularly described on the subdivision map, shall be swept by the property owners' association at least once a year and shall be swept no later than October 15th of each year (BMP N6). (e) The City shall be named as a third party beneficiary in the CC&Rs. (f) Once approved, the copy and the original declaration of CC&Rs shall be forwarded by the City Attorney and the Community Development Department. The Community Development Department will retain the one copy for the case file, and forward the wet signed and notarized original declaration of covenants, conditions and restrictions to the City Engineer for safe keeping until the final map is ready for recordation. The City Engineer shall record the original declaration of CC&Rs in conjunction with the recordation of the final map. (g) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of CC&Rs is incorporated therein by reference; and (h) A deposit for the current 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 41. 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. 17 Prior to Issuance of Grading Permits 42. 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. 43. 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. 44. 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 and the conditions of approval for the tentative map. 45. 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. 46. 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. 18 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. 47. 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. 48. 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; 19 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. 49. 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). 20 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 21 repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. G. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the 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. 50. 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 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. 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 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 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 the Tribal Monitor 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 22 development of a treatment plan and monitoring agreement for the newly discovered resources. The project archaeologist shall submit a complete final monitoring report no later than 60 days following completion of the monitoring activities to the City of Menifee, the property owner, the Eastern Information Center and the appropriate Tribes. The report shall document the monitoring activities, any resources that were identified, their final disposition, complete DPR site record forms and inventory records, and any other pertinent information associated with the Project. 51. 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. 52. 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). 53. 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 51 (Native American Monitoring-Pechanga) and 52 (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 23 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. 54. 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 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 55. 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. 56. 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. 57. 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. 58. 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. 59. Roof Mounted Equipment. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy-saving devices shall be permitted with Community Development Department approval. 60. Utilities Underground. All utility extensions within a lot shall be placed underground. 61. 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. 62. Conform to Final Site of Development Plan. The building plans shall be consistent with the approved elevations of the final site of development plans. 24 The building plans shall be reviewed for consistency with the final site of development plans prior to Building Permit issuance. 63. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation, as defined by County Ordinance No. 348. 64. 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 levels to 45 Ldn and 65 Ldn, respectively. The study shall be submitted, along with the appropriate fee, to the County Environmental Health Department - Industrial Hygiene Division for review and approval. The approved recommendations/requirements, if any, shall be forwarded from the Environmental Health Department to the City of Menifee Building and Safety Department and the Community Development Department for implementation into the final building plans. The applicant shall comply with the noise control recommendations identified in the September 12, 2000 report prepared by Stevenson, Porto and Pierce, Inc. A copy of the noise control report shall be provided along with the Acoustical Study. The Project applicant shall pay review fees to the Department of Public Health for all time spent to review the Project. MINOR PLANS REQUIRED 65. 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), 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. 25 3) Any required landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 4) Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs, and specimen trees in conjunction with meandering sidewalks, benches, and other pedestrian amenities where appropriate as approved by the Community Development Department. 5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 6) Landscaping plans shall incorporate native and drought tolerant plants where appropriate. 7) Turf shall be eliminated in areas unless provided for active uses. 8) All basins for drainage and/or water quality shall be screened from view with landscaping. 9) All 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. 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. 26 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. 66. Entry Monument Plans. The land divider/permit holder shall file three (3) sets of an Entry Monument plot plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act), along with the current fee. The plan shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval. The 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. TR28794 shall contribute to the Community Theme Intersection located at La Piedra and Evans Road per the Specific Plan  The entry shall be in substantial conformance to the design guidelines of Planning Area 3 of the Specific Plan. 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. 67. Model Home Complex. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act), along with the current fee. The Model Home Complex plot plan shall contain the following elements: 1) An engineer's scaled plan showing the model home lots, lot numbers, tract number, and north arrow. 27 2) Show front, side and rear yard setbacks. 3) Provide two dimensioned off street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. 4) Show detailed fencing plan including height and location. 5) Show typical model tour sign locations and elevation. 6) Three (3) sets of photographic or color laser prints (8" X 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations in accordance with the approved Design Manual and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 7) Provide a Model Home Complex landscape and irrigation plan. NOTES: The Model Home Complex plot plan shall not be approved without Final Site Development Plan approval, or concurrent approval of both. See the Community Development Department Model Home Complex application for detailed requirements. The requirements of this plot plan may be incorporated with any minor plot plan required by the subdivision's conditions of approval. However, this MODEL HOME COMPLEX condition of approval shall be cleared individually. The applicant will be required to enter into a model home complex agreement with the City of Menifee. The agreement stipulates terms for removal of the complex. The model home complex plan shall be approved prior to issuance of a Building Permit. 68. Final Site of Development Plan. A plot plan application shall be submitted to the Community Development Department pursuant to Section 18.30.a.(1) of Ordinance No. 348 (Plot Plans not subject to the California Environmental Quality Act), along with the current fee. Subdivision development shall conform to the approved 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: 28 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 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. 69. Wall and Fence Plan. The land divider/permit holder shall file three (3) sets of a Wall/Fencing Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act), along with the current fee. The plan shall be in compliance with 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 29 space or park fencing. A typical frontal view of all fences shall be shown on the fencing plan. B. All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments, as approved by the Community Development Department. C. Front yard return walls shall be constructed of masonry slump stone or material of similar appearance, maintenance, and structural durability) and shall be a minimum of five feet in height. D. Side yard gates are required on one side of the home and shall be constructed of vinyl. 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. 70. 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 30 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. 71. 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 72. 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 COAs 51 (Native American Monitoring-Pechanga) and 52 (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 73. 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. 74. Menifee School District. Impacts to the Menifee School District shall be mitigated in accordance with California State law. 75. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 31 Prior to Final Inspection 76. 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. 77. 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. 78. 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. 79. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be installed in accordance with the approved entry monument plans. 80. 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. 81. Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 82. Roll Up Garage Doors. All residences shall have automatic roll-up garage doors. 83. 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. 84. 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 Community Services Director, to guarantee that the park improvements and amenities are completed and ready for public use. 85. 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 32 mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Pechanga Cultural Resources Department. 86. 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 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. 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?” 89. 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. 90. 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. 33 The irrigation system shall be properly constructed and determined to be in good working order. 91. 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. 92. 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. FEES 93. DIF Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 659, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Riverside County Ordinance No. 659 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 94. MSHCP Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 810, which requires payment of the appropriate fee set forth in the Ordinance. Ordinance No. 810 has been established to set forth policies, regulations and fees related to the funding and acquisition of open space and habitat necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 34 95. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. 35 Section III: Public Works/Engineering Conditions of Approval 36 The following are the Public Works Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. A. GENERAL CONDITIONS: 96. Subdivision Map Act - The developer/property owner shall comply with the State of California Subdivision Map Act. 97. 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. 98. 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. 99. 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. 100. 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. 101. Construction Times Of Operation - The developer/property owner shall monitor, supervise, and control all construction and construction related 37 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. 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. 102. 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. 103. 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. 104. 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 City PW Engineering Department. 38 105. 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. 106. 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. 107. Development Standards - Prior to any project approval the development standards of Specific Plan No. 140 shall be reviewed and complied with. B. GRADING: General Conditions 108. 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. 109. General Grading Conditions – Notwithstanding anything to the contrary proposed by SP 140W all grading shall conform to the latest edition of the California Building Code, City General Plan, City adopted County Ordinance 457 and all other relevant laws, rules and regulations governing in Riverside County. 110. 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. 111. Grading Permit For Disturbed – City ordinance regarding grading requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 112. Grading Permit For Private Rpad - Constructing a private road requires a grading permit. 113. 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. 114. Compliance With Specific Plan SP 140W– All subsequent subdivisions and specific land uses related to SP 140W shall comply with the recommendations of SP 140W and all its conditions of approval and shall reference themselves to it. 115. 2:1 Max Slope Ratio - Grade slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the PW Engineering Department. 39 116. 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 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. 117. Minimum Drainage Grade - Minimum drainage grade shall be 1% except on Portland cement concrete where 0.35% shall be the minimum. 118. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100-year storm flows or as approved by the PW Engineering Department. 119. Slope Setbacks - Observe slope setbacks from buildings and property lines per the California Building Code and applicable City ordinance regarding grading. 120. Drainage And Terracing - Provide drainage facilities and terracing in conformance with the California Building Code's chapter on "Grading." 121. 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. 122. 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 W 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 40 123. 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. 124. 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. Prior to Grading Permit Issuance 125. 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. 126. 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. 127. 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. 128. Grading Bonds - Grading in excess of 199 cubic yards will require performance security to be posted with the PW Engineering Department. 129. 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. 130. 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.* 41 *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. 131. 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). 132. 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. 133. 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 Building Permit Issuance 134. 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. 135. SP140a2/Regional Coordination - Prior to issuance of any building permits, the project proponent shall consult with and obtain clearance from the following agencies to assure compliance and coordinate with the Regional Mobility and Air Quality Management Plans: Caltrans, District 8/11; the South Coast Air Quality Management District (SCAQMD); the Riverside Transit Agency (RTA); the Sunline Transit Agency; and the Riverside County Transportation Commission (RCTC). Confirmation of such contact and coordination shall be provided to the City Public Works Director. 42 Prior to Issuance of Certificate of Occupancy 136. Plant & Irrigate Slopes – CONDITIONS TO BE FULFILLED PRIOR TO FINAL OCCUPANCY APPROVAL: 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. 137. 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. 138. Traffic Signal Mitigation Fee Per Residential Dwelling Unit - In accordance with City-adopted 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 139. 80% Completion - Occupancy releases will not be issued to Building and Safety for any lot exceeding 80% of the total recorded residential lots within any map or phase of map prior to completion of the following improvements: a. Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. b. Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All curbs, gutters, sidewalks and driveway approaches shall be installed. c. With the exception of those utilized as part of the project specific WQMP for this 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 sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. 43 f. Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with City-adopted County Ordinance 461. The 80% completion shall not apply to BMP facilities serving as water quality BMP in the project’s approved WQMP, if one has been required; or in the project’s overall low impact development design in lieu of a WQMP. These BMP facilities must be complete and operational prior to issuance of any Certificate of Occupancy C. DRAINAGE: General Conditions 140. Map Flood Hazard Report - This is a proposal to divide 27.5 acres into 65 residential lots, a park site and 4 landscape lots in the Antelope Valley area. The site is within the Newport Estate Specific Plan No. 140 and is located at the southwest corner of La Piedra Road and 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 sheet flow manner from about 15 acres of tributary area from the hills to the south and southwest. 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 and storm drain system. The applicant proposes to collect the onsite flows in streets and storm drains, combine them with the offsite flows, and route the flow 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 and by extension to the drainage facility to the north of 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 this project. a. A storm drain that would collect and convey the 100-yr offsite and the onsite flow from TR28794, TR28786 and TR28791, TR28792 and TR28793 must be constructed in Evans Road and outlet into the basin within TR28788. 44 b. The proposed detention basin within TR28788 and the outlet to the basin must be constructed. c. Lots 61 through 65 shall develop only after one of the following are completed: i. Phase 1 of TR28786 located to the west is completely constructed, ii. Street D is extended through Phase 1 of TR 28786, iii. a drainage structure that would collect the offsite runoff tributary to these lots is constructed. d. The brow ditches shall be designed and constructed to intercept the offsite flows and shall have a splash wall with a minimum of 1 foot of freeboard. 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. This basin also would be used as a park site. The park uses would be maintained by CSA 145 and the flood control facilities would be maintained by the District. 141. Construct SD To Basin – A storm drain that would collect and convey the 100-year offsite flows from TR28794, TR28787, TR28786, TR28788 shall be constructed in Evans Road from the tract boundary to the detention basin in TR 28788. 142. Construct Basin - A detention basin with proper inlet and outlet works shall be constructed as shown on Amended 4 of TR 28788. The detention basin shall be designed to reduce the peak 100-year offsite and onsite runoff so that the outflow from the basin would not overburden the downstream storm drain facility. The outlet to this detention basin would be a 72-inch diameter pipe or less and would tie to the culvert in Newport Road. 143. 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. 144. 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. 145. 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. 45 146. 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 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. 147. Major Flood Control Facilities - Major flood control facilities are being proposed. These shall be designed and constructed to District standards including those related to alignment and access to both inlets and outlets. The applicant shall consult the District early in the design process regarding materials, hydraulic design and transfer of rights of way. 148. 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. 149. 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. All road improvements within the project boundaries shall be constructed to ultimate City-adopted County standards in accordance with Ordinance No. 460 and 461 as a requirement of the implementing subdivisions for the Specific Plan, subject to approval by the PW- Engineering Department. 150. 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. 151. 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. 152. 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. 46 153. 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). 154. SWPPP- Prior to approval of the grading plans, the developer/property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer/property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. 155. 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. 156. 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. 157. Map Phasing – Each tract shall be protected from the 1 in 100 tributary storm flows. Prior to Map Recordation 158. Submit Plans - A copy of the improvement plans, grading plans, final map, environmental constraint sheet and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the District for review. The plans must receive City approval prior to recordation. All submittals shall be date stamped by the engineer and include a completed Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 159. 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. 160. Map 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". 47 161. 3 Item Accept SD For Main - Inspection and maintenance of the storm drain system to be constructed with this tract must be performed by either the City PW Department and/or the Riverside County Flood Control 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 the Chief of the 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 City and/or District the preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the City and/or District and secure that right of way to the satisfaction of the City and/or District; 2) an agreement with the City and/or 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 City’s PW Director and/or District's General Manager-Chief Engineer. The plans cannot be signed prior to execution of the agreement. An application to draw up an agreement must be submitted to City and/or District. All right of way transfer issues must be coordinated with City’s PW Engineering Department and/or the District's Right of Way Section. The engineer/developer will need to submit proof of flood control facility bonds and a certificate of insurance to the City’s and/or District's Inspection section before a pre-construction meeting can be scheduled. D. NPDES, SWPPP, WQMP General Conditions 162. 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. 163. 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. 48 c. Provision of concrete slab floor, graded to collect any spill within the enclosure. d. All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e. The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a. The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. b. A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c. Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. Prior to Issuance of Grading Permit 164. 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 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. 49 165. 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. 166. WQMP Right of Entry and Maintenance Agreement- Prior to, or concurrent with the approval of the FINAL WQMP, the developer/property owner shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to Issuance of Certificate of Occupancy 167. 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. 168. 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. 169. 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 50 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. 170. BMP Maintenance & Inspection - If the development is establishing a Homeowners Association (HOA) The CC&R's for the development's Homeowners Association (HOA) shall contain inspection provisions for any privately owned treatment control BMPs, and if required, cleaned no later than any major rain event. The CC&R's shall identify the entity that will inspect and maintain all privately owned structural BMP's within the project boundaries. A copy of the CC&R's shall be submitted to the PW Engineering Department for review and approval. E. TRAFFIC ENGINEERING, STREET IMPROVEMENTS AND DEDICATIONS General Conditions 171. 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. 172. Traffic Signal Mitigation Prog. – The project proponent shall participate in the Traffic Signal Mitigation Program as approved by the Public Works Engineering Department. 173. Traffic Gener/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 Public Works Director. 174. SP140A2/TS/Conds - 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 above referenced project. The study has been prepared in accordance with accepted traffic engineering standards and practices, utlizing County approved guidelines. We generally concur with the findings relative to traffic impacts. 51 The study indicates a projected Level of Service of "C" at adjacent locations. The Comprehensive General Plan circulation policies relative to Category II Land Uses requires a Level of Service "C" for this project. As such, the study indicates that the proposed project is consistent with the County General Plan policy. The 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 (EW) Bradley Road (NS)/La Piedra Road (EW) Evans Road (NS)/La Piedra Road (EW) Evans Road (NS)/Holland Road (EW) Bradley Road (NS)/Holland Road (EW) Evans Road (NS)/Rosalia Road (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. 175. 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. 52 Said off-site access road shall be the northerly extension of Evans Road to Newport Road. Said off-site access road shall be the southerly extension of Evans Road to Holland Road and the easterly extension of Holland Road to Bradley 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. 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 metes and bounds description of the limits of the signal design for review and approval by the PW Engineering Department. 176. 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. 177. STD INTRO 2(ORD 460/461) - With respect to the conditions of approval for the referenced tentative land division map, the PW – Engineering Department recommends that the land divider provide all street improvements, street improvement plans and/or road dedications set forth herein in accordance with City-adopted Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and all conditions of approval are essential parts and a requirement occurring in ONE is as binding as though occurring in all. All questions regarding the true meaning of the conditions shall be referred to the PW – Engineering Department. 178. 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. 179. 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. 180. 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 shall be provided with the construction of the improvements for this project. 53 181. 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. 182. 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 PW Director throughout the development of the project, including Evans Road between Holland Avenue and Newport Road. Prior to Final Map Recordation 183. Street Dedications – Evans Road and La Piedra Road shall be improved within the dedicated right-of-way in accordance with applicable City or adopted County Standard No. 102. (64’/88') 'A' (from ‘B’ to ‘D’), ‘B’ and ‘D’ Streets shall be improved within the dedicated right-of-way in accordance with applicable City or adopted County Standard No. 104, Section A. (40'/60') ‘A’ (from’D’ to the terminus) ‘C’ and ‘E’ Streets shall be improved within the dedicated right-of-way in accordance with applicable City or adopted County Standard 105, Section A. (36'/60') 184. Road Improvements Provide - Prior to the recordation of any subdivison 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. 185. 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. 186. Evans Road Improvements – Evans Road within the development shall be improved as Secondary Road with a Class II Bike Lane. Improvements shall extend 300 feet past the project boundary line with appropriate transition approved by the PW Director. 187. Improvement Plans – Improvement plans for the required improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineering Department. Completion of road improvements does not imply acceptance for maintenance by City. 54 188. St Design/Imprv Concept - The street design and improvement concept of this project shall be coordinated with Specific Plan 140. 189. 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. 190. Access Restriction - Lot access shall be restricted on La Piedra Road and Evans Road and so noted on the final map 191. 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 PW Director. Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City PW Director and/or City Traffic Engineer. 192. 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. 55 193. 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. 194. Landscaping - The project proponent shall comply in accordance with landscaping requirements within public road rights-of-way, in accordance with Ordinance 461. Landscaping plans shall be submitted on standard County Plan sheet format (24" X 36"). Landscaping plans shall be submitted with the street improvement plans. If landscaping maintenance to be annexed to Community Facilities District (CFD), or Landscaping and Lighting Maintenance District, landscaping plans shall depict ONLY such landscaping, irrigation and related facilities as are to be placed within the public road rights-of-way. 195. 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 annexing into a Community Facilities District (CFD) or enter into a similar financing mechanism. Landscaping plans shall be submitted with the street improvement plans for approval. 196. Soils – The developer/owner shall submit a preliminary soils and pavement investigation report addressing the construction requirements within the road right-of-way. 197. Intersection/50’ Tangent – All centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50’ tangent, measured from flowline/curbface or as approve by the PW Engineering Department. 198. 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 a 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. 199. 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. 200. 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. 56 201. 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. 202. 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 approval by the PW Engineering Department prior to issuance of a grading permit. 203. 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 of landscaped median 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 204. 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 205. Street Sweeping – Street sweeping annexation or inclusion into CSA or similar mechanism as approved by the Public Works Department shall be completed 206. 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 57 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 this 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 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. 207. TS Installation - The project proponent shall be responsible for the construction and installation of traffic signals at the following locations and with the accompanying conditions: a). Evans Road (NS)/Holland Road (EW) with no credit for traffic signal mitigation fees. b). Evans Road (NS)/La Piedra Road (EW) with no credit for traffic signal mitigation fees. c). Bradley Road (NS)/La Piedra Road (EW) with credit for traffic signal mitigation fees subject to Ordinance No. 748. d). Bradley Road (NS)/Holland Road (EW) with credit for traffic signal mitigation fees subject to City-adopted Ordinance No. 748. e). Murrieta Road (NS)/Mountain Park Drive (EW) with credit for traffic signal mitigation fees subject to City-adopted Ordinance No. 748. F. COMMUNITY FACILITIES MAINTENANCE DISTRICT General Conditions Prior to Issuance of a Grading Permit 58 208. 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 209. 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 2015-2This CFD will also be responsible for: 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. 210. 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. 211. 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. 59 G. WATER, SEWER, RECYCLED WATER Prior to Final Map Recordation 212. 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. 213. 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 214. 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 MANAGEMENT General Conditions 215. AB 341 – AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the 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#mandatory 216. 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 60 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 217. 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. 218. 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. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. The applicant shall provide documentation to the Community Development Department to verify the Engineering and Public Works has approved the plan prior to issuance of a building permit. Prior to Issuance of Certificate of Occupancy 61 219. 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 DEVELOPMENT IMPACT FEES 220. 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. 62 Section IV: Riverside County Fire Department Conditions of Approval 63 General Conditions 221. 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. 222. 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. 223. Address. The address will be clearly visible from the public roadway, located no more than 5 feet from access to the parcel. 224. 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 225. 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. 226. 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. 227. 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. 228. 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. 229. 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 64 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. 230. 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 231. 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 232. 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. 233. 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 65 Transportation Department and the Riverside County Fire Department. Prior to 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. 234. Fire Sprinkler Systems. All one and two family homes shall have fire sprinkler systems in accordance with the California Residential Code, 2013 edition. 235. 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 236. Sprinkler System Residential. All one and two family homes shall have fire sprinkler systems in accordance with the California Residential Code, 2013 edition. 66 Section V: Riverside County Environmental Health Conditions of Approval 67 General Conditions 237. 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. 238. Retention Basins. Any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisance. 239. 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 #248, 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 240. 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. 241. Financial Arrangements. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by the City. 242. 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. 243. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. 68 Section VII: Community Services Department Conditions of Approval 69 General Conditions 244. Park Annexation. All parklands must be annexed into a Communities Facilities District or other acceptable mechanism as determined by the City of Menifee. 245. 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). 246. 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. 247. 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 248. 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. 249. Trail Easement. Prior to or in conjunction with the recordation of the final map the applicant shall offer for dedication to the City of Menifee 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 Community On-Street NEV/Bike Lanes (Class II) and a Community Trail located along Evans Road (east side Evans Road). A Class I Bike Trail shall also be provided along La Piedra Road per the Specific Plan. Prior to Issuance of Grading Permit 250. 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 TR28794. 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 Community On- Street NEV/Bike Lanes (Class II) and a Community Trail located along Evans Road (east side Evans Road). A Class I Bike Trail shall also be provided along La Piedra Road per the Specific Plan. 70 Prior to Issuance of Building Permit 251. 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. 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. If the conceptual park plan has already been approved, this condition shall become null and void. Note – As of October 2017, the park plans for PA 6C have been approved and the park is under construction. 252. Park Plans. Prior to building permit issuance, the applicant shall submit a final 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. Prior to Issuance of Given Building Permit or Occupancy 253. Planning Area 6C Park Plans Required. Prior to the issuance of the 250th building permit, 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. If the park plan has already been approved, this condition shall become null and void. Note – As of October 2017, the park plans for PA 6C have been approved and the park is under construction. 254. 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 under construction or has been completed and has passed final inspection, this condition shall become null and void. 71 Note – As of October 2017, the park plans for PA 6C have been approved and the park is under construction; however, the park has not been completed. 255. 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 been turned over, this condition shall become null and void 256. 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 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. If the park plan has been approved, this condition shall become null and void. Note – The Conceptual Park plans for PA 6B were approved on May 3, 2017 (Plot Plan No. 2015-225). 257. 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 under construction or is completed and has passed final inspection, this condition shall become null and void. 258. 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. 259. 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 Community Services Director, to guarantee that the park improvements and amenities are completed and ready for public use. 260. Trail Construction. Prior to the issuance of the 30th building permit within the Newport Estates Specific Plan the applicant shall build the trail as shown on the approved trails plan. 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 Community On-Street NEV/Bike Lanes (Class II) and a Community 72 Trail located along Evans Road (east side of Evans Road). A Class I Bike Trail shall also be provided along La Piedra Road per the Specific Plan. 73 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)