PC18-382EXHIBIT “1”
CONDITIONS OF APPROVAL
Planning Application No.: PP 2017-095
Project Description: “Lennar Condos – DA 2” - A plot plan for development of
20.3 acres with 218 dwelling units, including approval of
architecture and floor plans, conceptual landscaping,
parking, streets, and open space. 436 garage spaces and
129 uncovered guest spaces have been proposed.
Assessor's Parcel No.: APNs: 360-860-009, -010, and -011.
MSHCP Category: Residential – Density between 8-14 du/acre
DIF Category: Multi-Family Unit (see conditions, subject to Development
Agreement)
TUMF Category: Multi-Family Residential
Quimby Category: Multi-Family DU (see conditions, subject to Development
Agreement)
Approval Date: March 2018
Expiration Date: March 2021, Subject to Development Agreement
Within 48 Hours of the Approval of This Project
1. Filing Notice of Determination (No Further Review Required). The
applicant/developer shall deliver to the Planning Division a cashier's check
or money order made payable to the County Clerk in the amount of Fifty
Dollars ($50.00) for the County administrative fee, to enable the City to file
the Notice of Determination (that no additional environmental review was
required) as provided under Public Resources Code Section 21152 and
California Code of Regulations Section 15063 and 15162. Per Fish and
Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or
final and local government permits for the project shall not be valid until the
filling fees required are paid.
2. 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
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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.
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Section I: Conditions applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Section III: Public Works and Engineering Conditions of
Approval
Section IV: Riverside County Fire Department
Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
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Section I:
Conditions Applicable to all
Departments
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General Conditions
1. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Plot Plan No. 2017-095 shall be henceforth
defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean
the Permittee of this project.
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2017-095, dated
December 27, 2017
APPROVED EXHIBIT B = Elevations, Floor Plans, Colors and Materials for
Plot Plan No. 2017-095, dated December 27, 2017.
APPROVED EXHIBIT L = Conceptual Landscaping for Plot Plan No. 2017-
095, dated December 27, 2017.
APPROVED EXHIBIT W = Conceptual Wall and Fencing Plan and Signage for
Plot Plan No. 2017-095, dated December 27, 2017.
SPECIFIC PLAN: Adopted Town Center Specific Plan approved April 19,
2011 by Ordinance 11-189, subject to the Conditions of Approval set forth in
Ordinance No. 11-189.
DEVELOPMENT AGREEMENT: Development Agreement by and between
City of Menifee and Stark Menifee Land LLC Regarding the Town Center
Specific Plan Project dated June 13, 2011 (Recorded as Document No. 2011-
0272260) and as subsequently amended.
EIR: Environmental Impact Report No. 2010-152 (SCH 2009091022) certified
by City Council Resolution No. 11-195 on January 4, 2011.
MMRP: Mitigation Monitoring Program adopted by City Council Resolution
No. 11-195 on January 4, 2011.
2. 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.
3. 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.
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Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services, and
development impact fees to mitigate the impact of the development proposed
on public improvements. To the extent that Menifee may develop future
financing districts to cover the costs of maintenance of improvements
constructed by development, Developer agrees to petition for formation of,
annexation to or inclusion in any such financing district and to pay the cost of
such formation, annexation or inclusion.
4. Mitigation Monitoring Plan. The developer shall comply with the mitigation
monitoring plan of the Town Center Specific Plan EIR.
5. Expiration Date. Unless an alternative expiration date or alternative process
for extensions are provided in the Development Agreement, this approval shall
be used within three (3) years of the approval date; otherwise, it shall become
null and void and of no effect whatsoever. By use is meant the beginning of
substantial construction contemplated by this approval within three (3) year
period which is thereafter diligently pursued to completion or to the actual
occupancy of existing buildings or land under the terms of the authorized use.
Prior to the expiration of the three year period, and/or prior to the expiration of
any extension, the permittee may request a one (1) year extension of time in
which to begin substantial construction or use of this permit. Should the time
period established by any of the extension(s) of time requests lapse, or should
all two one-year extensions be obtained and no substantial construction or use
of this plot plan be initiated within five (5) years of the effective date of the
issuance of this plot plan approval, this plot plan approval shall become null
and void.
6. Development Agreement. This project is subject to the DEVELOPMENT
AGREEMENT, which applies to the entire Menifee Town Center Specific Plan.
The TENATIVE MAP shall comply with the requirements within the
DEVELOPMENT AGREEMENT. To the extent any of these conditions are in
conflict with the DEVELOPMENT AGREEMENT, the DEVELOPMENT
AGREEMENT shall supersede the Condition of Approval contained herein.
7. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
8. Phased Construction. Construction is proposed in phases. Therefore, a
construction staging area plan or phasing plan for construction equipment and
trash shall be approved by the Engineering and Public Works Department.
9. Property Maintenance. The Community Facilities District (CFD) is anticipated
to maintain all parkways within the public right-of-way, a bio-basin on La Piedra
Road, and Water Quality Basin E. All other open space, landscaping,
sidewalks, internal drive, recreational amenities, water quality treatment
facilities, etc., is to be maintained by the Home Owners’ Association (HOA).
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Section II:
Community Development
Department
Conditions of Approval
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General Conditions
10. Comply with Approved Exhibits. The development of the premises shall
conform substantially with that as shown on APPROVED EXHIBIT A, B, L, and
W unless otherwise amended by these conditions of approval.
11. Offsite Signs Municipal Code Section 9.76.160. No offsite subdivision signs
advertising this land division/development are permitted, other than those
allowed under Municipal Code Section 9.76.160. Violation of this condition of
approval may result in no further permits of any type being issued for this
subdivision until the unpermitted signage is removed.
12. Design Guidelines. The land divider shall comply with the Design Standards
and Guidelines and of the Town Center Specific Plan.
13. Residential Development Standards. The development of the property shall
comply with the Development Standards of the Town Center Specific Plan.
14. Outside Lighting. Any outside lighting shall be hooded and directed so as not
to shine directly upon adjoining property or public rights-of-way and so as to
prevent either the spillage of lumens or reflection into the sky.
15. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBIT B.
16. No Outdoor Storage. No outdoor storage is allowed within or upon the site.
No storage lockers, sheds, metal container bins, or metal shipping containers
will be allowed to be stored outside the building unless first reviewed and
approved by the Community Development Department.
17. Parking. Parking was required based on the following criteria from the Specific
Plan:
Land Use Parking
Standard
Parking
Required
Parking
Provided
Multi-Family 2.25 stalls per 2
bedroom unit
2.50 stalls per 3
bedroom unit
2.25x67 = 150
2.5x151 = 378
436 in garage
spaces
Guest Parking
0.15 per unit
218 x 0.15 = 33
129 open spaces
Total Parking 561 565
ADA Parking Spaces: ADA parking spaces shall be provided consistent with
Building Code requirements.
18. Recreation and Open Space Standards. Recreation and Open Space shall
be provided consistent with the APPROVED EXHIBITS and the Specific Plan
requirements.
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
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Development Department pursuant to Section 18.30.a. (1) of County Ordinance
No. 348 (Plot Plans not subject to the California Environmental Quality Act)
along with the current fee.
1) 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.
2) Landscaping Plan for open space/parks. These three plans may be
applied for separately for the whole tract or for phases.
3) Entry monument plan for revisions or additions only.
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. 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.
21. 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.
22. Ordinance Requirements. The development of the property shall be in
accordance with the mandatory requirements of all City of Menifee ordinances
including Ordinance Nos. 348 and 460 and State law and shall conform
substantially to the adopted Specific Plan as filed in the office of the City of
Menifee Community Development Department, unless otherwise amended.
FEES
23. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research
fee), or other such review fee as may be in effect at the time of submittal, as
required by Resolution No. 13-320 (Cost of Services Fee Study), or any
successor thereto. Each submittal shall be accompanied with a letter clearly
indicating which condition or conditions the submittal is intended to comply
with.
ARCHEOLOGY/PALEONTOLOGY
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24. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin.
Further, pursuant to Public Resource Code Section 5097.98(b) remains shall
be left in place and free from disturbance until a final decision as to the
treatment and disposition has been made. If the Riverside County Coroner
determines the remains to be Native American, the Native American Heritage
Commission shall be contacted within the period specified by law (24 hours).
Subsequently, the Native American Heritage Commission shall identify the
"most likely descendant." The most likely descendant shall then make
recommendations and engage in consultation concerning the treatment of the
remains as provided in Public Resources Code Section 5097.98. Human
remains from other ethnic/cultural groups with recognized historical
associations to the project area shall also be subject to consultation between
appropriate representatives from that group and the Property Owner.
25. Inadvertent Archeological Find.
If during ground disturbance activities, unique cultural resources are
discovered that were not assessed by the archaeological report(s) and/or
environmental assessment conducted prior to project approval, the following
procedures shall be followed. Unique cultural resources are defined, for this
condition only, as being multiple artifacts in close association with each other,
but may include fewer artifacts if the area of the find is determined to be of
significance due to its sacred or cultural importance as determined in
consultation with the Native American Tribe(s).
i. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
developer, the archaeologist, the tribal representative(s) and the
Community Development Director to discuss the significance of the find.
ii. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
iii. Grading of further ground disturbance shall not resume within the area of
the discovery until an agreement has been reached by all parties as to
the appropriate mitigation.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Treatment and Monitoring
Agreements entered into with the appropriate tribes. This may include
avoidance of the cultural resources through project design, in-place
preservation of cultural resources located in native soils and/or re-burial
on the Project property so they are not subject to further disturbance in
perpetuity.
v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the
preferred method of preservation for archaeological resources and
cultural resources. If the landowner and the Tribe(s) cannot agree on the
significance or the mitigation for the archaeological or cultural resources,
these issues will be presented to the City Community Development
Director for decision. The City Community Development Director shall
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make the determination based on the provisions of the California
Environmental Quality Act with respect to archaeological resources,
recommendations of the project archeologist and shall take into account
the cultural and religious principles and practices of the Tribe.
Notwithstanding any other rights available under the law, the decision of
the City Community Development Director shall be appealable to the City
Planning Commission and/or City Council.”
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.
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.
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*The City of Menifee must be consulted on the repository/museum to receive the
fossil material prior to being curated.
LANDSCAPING
27. Viable 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.
28. 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).
29. Landscape Maintenance. The land divider, or any successor-in-interest to the
land divider, shall be responsible for maintenance and upkeep of all
landscaped areas and irrigation systems within the land division until such time
as those operations are the responsibility of a property owner’s association, or
any other successor-in-interest.
Prior to Issuance of Grading Permits
30. Grading Plan Review. The Community Development Department shall review
the grading plan for consistency with the approved plot plan and the conditions
of approval for the plot plan.
31. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this tract map and the
Environmental Impact Report which must be satisfied prior to the issuance of a
grading permit for review and approval. The Community Development Director
may require inspection or other monitoring to ensure such compliance.
32. Stephens’ Kangaroo Rat (SKR) Fees. Stephen’s Kangaroo Rat (SKR) Fee.
SKR Fees have been previously paid to the County of Riverside per receipt
number MT070588. No additional fees are required for this project.
33. Fees. Prior to issuance of grading permits, the Community Development
Department shall determine if the deposit based fees are in a negative balance.
If so, any outstanding fees shall be paid by the applicant/developer.
34. 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:
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a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius)
must be swept (preferably with water weepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a ten (10) percent
surface soil moisture content throughout all earth moving activities. All
unpaved demolition and construction areas shall be wetted at least twice
daily during excavation and construction, and temporary dust covers shall be
used to reduce dust emissions and meet SCAQMD District Rule 403.
Wetting could reduce fugitive dust by as much as fifty percent (50%).
b. Water active grading/excavation sites and unpaved surfaces at least three
(3) times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two (2) hours of active operations;
d. Site access points must be swept/washed within thirty (30) minutes of
visible dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed twenty-five (25) mph;
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;
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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.
35. Construction Noise. The project developer shall implement noise mitigation
measures during grading. See Mitigation Measures IVH.2-H.6.
36. Noise Mitigation Plan. The project developer shall submit a construction-
related noise mitigation plan to the City for review and approval prior to
issuance of a grading permit. The plan must depict the location of construction
equipment and how the noise from this equipment will be mitigated during
construction of this project, through the use of such methods as (but not limited
to) the following: (Refer to General Plan policy N 12.2.)
• Temporary noise attenuation fences;
• Preferential location of equipment; and
• Use of current noise suppression technology and equipment.
37. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and
Objective 7 of the Species Account for the Burrowing Owl included in the
Western Riverside County Multiple Species Habitat Conservation Plan, within
30 days prior to the issuance of a grading permit, a pre-construction
presence/absence survey for the burrowing owl shall be conducted by a
qualified biologist and the results of this presence/absence survey shall be
provided in writing to the City of Menifee Community Development Department.
If it is determined that the project site is occupied by the Burrowing Owl, take of
"active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird
Treaty Act. However, when the Burrowing Owl is present, relocation outside of
the nesting season (March 1 through August 31) by a qualified biologist shall
be required. The City shall be consulted to determine appropriate type of
relocation (active or passive) and translocation sites. Occupation of this
species on the project site may result in the need to revise grading plans so
that take of "active" nests is avoided or alternatively, a grading permit may be
issued once the species has been actively relocated.
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If the grading permit is not obtained within 30 days of the survey a new survey
shall be required.
If construction and/or disturbance of the site is suspended for a period of days
(30) days or more, a new survey shall be required.
38. Nesting Bird Survey. To avoid impacting nesting birds, one of the following
must be implemented:
Conduct grading activities from September 1st through January 31st, when birds
are not likely to be nesting on the site; OR
Conduct pre-construction surveys for nesting birds if construction is to take
place during the nesting season (February 1 through August 31). A qualified
wildlife biologist shall conduct a pre-construction nest survey no more than 14
days prior to initiation of grading to provide confirmation of the presence or
absence of active nests on or immediately adjacent to the project site. If active
nests are encountered, species-specific measures shall be prepared by a
qualified biologist and implemented to prevent abandonment of the active nest.
At a minimum, grading in the vicinity of the nest shall be deferred until the
young birds have fledged. A minimum exclusion buffer of 100 feet shall be
maintained during construction, depending on the species and location. The
perimeter of the nest-setback zone shall be fenced or adequately demarcated
with staked flagging at 20-foot intervals, and construction personnel and
activities restricted from the area. A survey report by the qualified biologist
verifying that (1) no active nests are present, or (2) that the young have
fledged, shall be submitted to the City prior to initiation of grading in the nest-
setback zone. The qualified biologist shall serve as a construction monitor
during those periods when construction activities occur near active nest areas
to ensure that no inadvertent impacts on these nests occur. A report of the
findings prepared by a qualified biologist shall be submitted to the City prior to
ground disturbance and/or issuance of a grading permit.
ARCHEOLOGY
39. Archeologist Retained. Prior to issuance of a grading permit the project
applicant shall retain a Riverside County qualified archaeologist to monitor all
ground disturbing activities which are below the depths of the previous mass
grading in an effort to identify any unknown archaeological resources.
The Project Archaeologist and the representative(s) from the Native American
Tribe (s) shall be included in the pre-grade meetings to provide
cultural/historical sensitivity training including the establishment of set
guidelines for ground disturbance in sensitive areas with the grading
contractors. The Project Archaeologist and the Tribal representative(s) shall
manage and oversee monitoring for all initial ground disturbing activities and
excavation of each portion of the project site including clearing, grubbing, tree
removals, mass or rough grading, trenching, stockpiling of materials, rock
crushing, structure demolition and etc. The Project Archaeologist and the Tribal
representative(s), shall have the authority to temporarily divert, redirect or halt
the ground disturbance activities to allow identification, evaluation, and
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potential recovery of cultural resources in coordination with any required
special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract
to the Community Development Department to ensure compliance with this
condition of approval. Upon verification, the Community Development
Department shall clear this condition.
Any newly discovered cultural resources shall be subject to an evaluation, in
consultation with the Native American Tribe(s) and which will require the
development of a treatment plan and monitoring agreement for the newly
discovered resources.
40. Pre-Grading Meeting. The qualified archaeologist shall attend the pre-grading
meeting with the contractors to explain and coordinate the requirements of the
monitoring program, including a cultural sensitivity training component.
41. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required
on-site during all ground-disturbing activities which are below the depths of the
previous mass grading. The land divider/permit holder shall retain a qualified
tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance
of a grading permit, the developer shall submit a copy of a signed contract
between the above-mentioned Tribe and the land divider/permit holder for the
monitoring of the project to the Community Development Department and to
the Engineering Department. The Native American Monitor(s) shall have the
authority to temporarily divert, redirect or halt the ground-disturbance activities
to allow recovery of cultural resources, in coordination with the Project
Archaeologist.
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.
42. Native American Monitoring (Soboba). Tribal monitor(s) shall be required
on-site during all ground-disturbing activities which are below the depths of the
previous mass grading. The land divider/permit holder shall retain a qualified
tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of
a grading permit, the developer shall submit a copy of a signed contract
between the above-mentioned Tribe and the land divider/permit holder for the
monitoring of the project to the Community Development Department and to
the Engineering Department. The Native American Monitor(s) shall have the
authority to temporarily divert, redirect or halt the ground-disturbance activities
to allow recovery of cultural resources, in coordination with the Project
Archaeologist.
The Developer shall relinquish ownership of all cultural resources, including all
archaeological artifacts that are of Native American origin, found in the project
area for proper treatment and disposition to a curational facility that meets or
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exceeds Federal Curation Standards outlined in 36 CFR 79. The
Applicant/Permittee shall be responsible for all curation costs.
43. Non-Disclosure of Location Reburials. It is understood by all parties that
unless otherwise required by law, the site of any reburial of Native American
human remains or associated grave goods shall not be disclosed and shall not
be governed by public disclosure requirements of the California Public Records
Act. The Coroner, pursuant to the specific exemption set forth in California
Government Code 6254 (r)., parties, and Lead Agencies, will be asked to
withhold public disclosure information related to such reburial, pursuant to the
specific exemption set forth in California Government Code 6254 (r).
Prior to Issuance of Building Permit
44. Condominium Map/Project. This project is for the development of 218
condominium units. The plot plan has been processed concurrent with
Tentative Tract Map No. 37178 (City Case No. 2017-094). Prior to issuance of
a building permit within this property, all of the prior to map recordation
conditions for Tentative Tract No. 37178 (City Case No. 2017-094) shall be
met.
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 and
Environmental Impact Report which must be satisfied prior to the issuance of a
Building Permit. The Community Development Director may require inspection
or other monitoring to ensure such compliance.
46. Building Plans Required. The developer shall cause building plans to be
submitted to the Building and Safety Department for review and approval by
the Department of Building and Safety - Plan Check Division. Prior to issuance
of building permits, the Community Development Department shall determine
that the building plans are in substantial conformance to APPROVED EXHIBIT
B, which must be submitted, reviewed and approved prior to the approval of the
building plans and prior to issuance of any building permits (See conditions
below).
Building and Safety will require the following items for the building plan
submittal:
1. Plans shall be designed to the provisions of the 2016 (or current) edition
of the California Building, Mechanical, Electrical and Plumbing, Energy
and Green Codes.
2. Five (5) sets of plan drawings shall be submitted along with three (3)
copies of structural and Title 24 Energy documentation.
3. Two (2) sets of precise grading plans shall be submitted at time of
building plan review submittal. Showing all disabled access paths of
travel, cross and directional slope percentages, site accessibility features
and details.
4. All walkways and sidewalks inside of the development must have grades
that do not exceed 5% running slope and 2% cross slope.
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5. Photometric plan. All exterior lighting shall comply with Menifee Municipal
Code Chapter 6.01, “Dark Sky Ordinance”.
6. All exterior lighting shall fall within current commercial standards.
7. Separate plan submittal will be required to Riverside County Fire along
with a formal transmittal issued by Building and Safety.
47. Elevations. Elevations of all buildings and structures submitted for building
plan check approval shall be in substantial conformance with the elevations
shown on Approved Exhibit B.
If building plans are proposed that alter the elevations as shown on
APPROVED EXHIBIT B a plot plan application pursuant to Ordinance No. 348,
Section 18.30.a.(1), or subsequent City ordinance (Plot Plans not subject to the
California Environmental Quality Act and not subject to review by any
governmental agency other than the Community Development Department),
along with the current fee shall be submitted to the Community Development
Department for review and approval. If substantial modifications are proposed
to the elevations, the Community Development Director may determine that
Planning Commission review and approval is required.
48. Exterior Noise Mitigation. The wall and fence plans shall show a five (5) foot-
high noise barrier adjacent to La Piedra Road.
All barriers shall be constructed so the top of the wall extends 5.0 feet above
the pad elevation. If the road at this point is elevated above the pad, the barrier
shall extend 5.0 feet above the highest point between the home and the road.
The barrier shall provide a weight of at least 4 pounds per square foot with no
decorative cutouts or line-of-sight openings between shielded areas and the
roadways. The barrier must present a solid face from top to bottom. All gaps
(except weep holes) should be filled with grout or caulking.
Barrier may be constructed using one of the following:
Masonry block (consistent with APPROVED EXHIBIT L)
Earth berm
Any combination of these materials or as described in the approved Noise
Analysis
49. Interior Noise Mitigation. Structures shall include the following architectural
noise reducing features:
Windows:
a) All lots require standard windows and sliding glass doors, which are well
fitted, have well weather-striped assemblies and a minimum STC rating of
27 and a means of mechanical ventilation (e.g. air conditioning).
It is recommended that upgraded second floor windows with a minimum
STC rating of 30 be provided for lots adjacent to La Piedra Road
Doors:
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All exterior doors shall be well weather-stripped solid core assemblies at least
one and three-fourths-inch thick.
Roof:
Roof sheathing of wood construction shall be well fitted or caulked plywood of
at least one-half inch thick. Ceilings shall be well fitted, well-sealed gypsum
board of at least one-half inch thick.
Attic:
Attic vents should be oriented away from Holland Road. If such an orientation
cannot be avoided, then acoustical baffles shall be placed in the attic space
behind the vents. Insulation with at least a rating of R-19 shall be used in the
attic space.
Ventilation:
Arrangements for any habitable room shall be such that any exterior door or
window can be kept closed when the room is in use and still receive
circulated air. A forced air circulation system (e.g. air-conditioning system) or
active ventilation (e.g. fresh air supply) shall be provided which satisfies the
requirements of the Uniform Mechanical Code.
50. 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.
51. Utilities Underground. All utility extensions within a lot shall be placed
underground.
52. 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.
53. Parking. Parking spaces are required in accordance with the Specific Plan. All
parking areas and main driveways shall be surfaced to current standards as
approved by the City of Menifee Engineering Department.
54. Lighting. The building plans and/or final landscaping and irrigation plans shall
show the location and types of light fixtures that will be within the project site
and on the buildings. Lighting fixtures shall be decorative and consistent with
the Specific Plan requirements and design guidelines for lighting. Shoe-box-
type lighting will not be allowed. The types of lighting fixtures used shall be
subject to Community Development Department approval.
All outdoor lighting shall be shown on electrical plans submitted to the
Department of Building and Safety for plan check approval and shall comply
with the requirements of the Menifee Municipal Code Chapter 6.01 and the
General Plan.
55. Screening of Accessory Structures. Screening of mechanical equipment
within trellised enclosures or encasing mechanical equipment within small
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structures compatible in color and materials to the adjacent landscaping or the
primary structures shall be required and methods of screening shall be
included on building plans and/or landscaping plans.
56. HVAC. Per the Specific Plan EIR, the developer shall utilize HVAC units with
the lowest sound power level shall be selected.
MINOR PLANS REQUIRED
57. Public Art. Public Art shall be provided within the parks. Plans for the art to
be provided shall be submitted to the Community Development Department for
review and approval. Said plan, either a separate minor plot plan, or included
in the final landscaping and irrigation plans, shall be submitted to the
Department in the form of a plot plan application pursuant to Ordinance No.
348, Section 18.30.a.(1), or subsequent City ordinance (Plot Plans not subject
to the California Environmental Quality Act), along with the current fee. The
plans shall be approved prior to issuance of a building permit.
58. Landscaping Plans. The land divider/permit holder shall file five (5) sets of a
Landscaping and Irrigation Plan to the Community Development Department
for review and approval. Said plan shall be submitted to the Department in the
form of a plot plan application pursuant to Ordinance No. 348, Section
18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act),
along with the current fee. The plan shall be in compliance with the Specific
Plan, City Requirements, Menifee Municipal Code Chapter 15.04 and Chapter
9.86, Ordinance 348 Section 18.12, Sections 19.300 through 19.304., and the
TENTATIVE MAP conditions of approval.
The plan shall address all areas and conditions of the project requiring
landscaping and irrigation to be installed including, but not limited to, (slope
planting, common area and/or park landscaping within Open Space Lots and
landscaping in alleys). Emphasis shall be placed on using plant species that
are drought tolerant and low water using.
The plans shall provide for the following:
1) Permanent automatic irrigation systems shall be installed on all
landscaped areas requiring irrigation. Low water use systems are
encouraged.
2) All utility service areas and enclosures shall be screened from view with
landscaping and decorative barriers or baffle treatments, as approved by
the Community Development Department. Utilities shall be placed
underground.
3) Any required landscape screening shall be designed to be opaque up to a
minimum height of four (4) 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,
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shrubs, and specimen trees in conjunction with meandering sidewalks,
benches, and other pedestrian amenities where appropriate as approved
by the Community Development Department.
5) Landscaping plans shall incorporate the use of specimen accent trees at
key visual focal points within the project.
6) Landscaping plans shall incorporate native and drought tolerant plants
where appropriate.
7) Turf shall be eliminated in areas unless provided for active uses.
8) All basins for drainage and/or water quality shall be screened from view
with landscaping.
9) All trees shall be minimum double-staked. Weaker and/or slow-growing
trees shall be steel-staked.
10) Multi-programmable irrigation controllers which have enough programs to
break up all irrigation stations into hydro zones shall be used. If practical
and feasible, rain shutoff devices shall be employed to prevent irrigation
after significant precipitation. Irrigation systems shall be designed so
areas which have different water use requirements are not mixed on the
same station (hydro zones). Assistance in implementing a schedule
based on plant water needs is available from CIMIS or Mobile Lab. The
use of drip irrigation should be considered for all planter areas that have a
shrub density that will cause excessive spray interference of an overhead
irrigation system. Use flow reducers to mitigate broken heads next to
sidewalks, streets, and driveways.
11) Plants with similar water requirements shall be grouped together in order
to reduce excessive irrigation runoff and promote surface filtration, where
possible.
12) The following project specific items must be addressed and are not
currently provided/adequately addressed on the Conceptual Landscaping
Plan (Approved Exhibit L):
i. Add additional palm trees at the entrances to the project, spacing
is currently 1/40 feet, this should be reduced to 1/20 feet.
ii. Stamped asphalt (at minimum) must be provided at entrances and
crossings as shown on approved Exhibit L.
iii. Transformers should be moved out of the parkways where
feasible and must be screened with landscaping or other
structures.
iv. Landscaping must be provided around the garages consistent with
the Specific Plan requirements, and specifically including a vertical
hedge or vine.
v. Hardscaping for all trails and walkways shall be shown.
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vi. Include all details for outdoor areas, including but not limited to
trellises, decorative furniture, tables, benches, fitness equipment,
hardscape, etc.
vii. All walls and fencing shall be shown.
Note on Conceptual Plans
The conceptual landscaping plans show general locations for shrubs,
groundcover and trees, but does not specify the size and each specific type of
plant for all locations. Therefore, the Planning Division may require the
addition of plants, change the space of plants, change the type of plants, or
change the size of plants on the working drawing.
The landscaping and irrigation plans for open space lots shall be consistent
with Approved Exhibit L.
WQMP Treatment Devices. All WQMP treatment deices including design
details shall be shown on the construction landscape plans. If revisions are
made to the WQMP design that result in any changes to the conceptual
landscape plans after entitlement, the revisions will be shown on the
construction landscape plans, subject to the approval of the Community
Development Director.
NOTES: The Landscape plot plan may include the requirements of any other
minor plot plan required by the subdivision conditions of approval. However,
minor plot plan conditions of approval shall be cleared individually.
Landscaping plans for areas that are totally within the road right-of-way shall be
submitted to the Engineering and Public Works Department ONLY.
Landscaping plans for areas proposed to be maintained by the City Community
Facilities District shall be submitted to the Engineering and Public Works
Department.
59. Entry Monuments. Building plans for entry monuments shall be consistent
with the approved exhibits (Plot Plan No. 2017-095 Exhibit A, L and W).
If any changes are proposed, the land divider/permit holder shall file five (5)
sets of an Entry Monument plot plan to the Community Development
Department for review and approval. Said plan shall be submitted to the
Department in the form of a plot plan application pursuant to Ordinance No.
348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental
Quality Act), along with the current fee. The plan shall be in compliance with
the Specific Plan and the TENTATIVE MAP conditions of approval.
The plot plan shall contain the following elements:
1) A color rendering of a frontal view of all/the entry monument(s) with
landscaping.
2) The entry monuments shall be in substantial conformance to Approved
Exhibit L and the Map.
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3) The plan shall include dimensions of the sign and lettering, call outs of
materials and plotting of the sign, including setbacks.
4) Per the Specific Plan, there is a minimum clear view of 25 feet from the
corner of the street to the sign face and a minimum setback of four (4)
feet to right-of-way or sidewalks.
NOTE: The requirements of this plot plan may be incorporated with any minor
plot plan required by the conditions of approval for this subdivision. However,
this ENTRY MONUMENT condition of approval shall be cleared individually.
60. Model Home Complex. A plot plan application shall be submitted to the
Community Development Department pursuant to Section 18.30.a.(1) of
Ordinance No. 348 (Plot Plans not subject to the California Environmental
Quality Act), along with the current fee.
The Model Home Complex plot plan shall contain the following elements:
1) An engineer's scaled plan showing the model home lots, lot numbers,
tract number, and north arrow.
2) Show front, side and rear yard setbacks.
3) Provide two dimensioned off street parking spaces per model and one
parking space for office use. The plan must have one accessible parking
space.
4) Show detailed fencing plan including height and location.
5) Show typical model tour sign locations and elevation.
6) Three (3) sets of photographic or color laser prints (8" X 10") of the
sample board and colored elevations shall be submitted for permanent
filing and agency distribution after the Community Development
Department has reviewed and approved the sample board and colored
elevations in accordance with the approved Design Manual and other
applicable standards. All writing must be legible. Three (3) matrix sheets
showing structure colors and texture schemes shall be submitted.
7) Provide a Model Home Complex landscape and irrigation plan.
NOTES: The Model Home Complex plot plan shall not be approved without
Final Site Development Plan approval, or concurrent approval of both. See the
Community Development Department Model Home Complex application for
detailed requirements.
The requirements of this plot plan may be incorporated with any minor plot plan
required by the subdivision's conditions of approval. However, this MODEL
HOME COMPLEX condition of approval shall be cleared individually.
The applicant will be required to enter into a model home complex agreement
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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.
61. Walls and Fencing.
A five (5) foot tall “Community Theme” wall, with pilasters spaced
approximately every 40 feet, has been approved along La Piedra Road as
shown on approved Exhibit W of Plot Plan No. 2017-095.
A retaining wall has been approved at the southwest corner of the site and
ranges in height as shown on approved Exhibit A of Plot Plan No. 2017-095.
The wall must be decorative masonry where open to public view, with a
masonry cap.
These walls do not require a wall and fence plan; only building permits if the
permits are consistent with the approved exhibits.
For any additional walls and fencing (not including patio walls and fences), or
modifications to the walls and fencing noted above, the land divider/permit
holder shall file five (5) sets of a Wall/Fencing Plan to the Community
Development Department for review and approval. Said plan shall be
submitted to the Department in the form of a plot plan application pursuant to
Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California
Environmental Quality Act), along with the current fee. The plan shall be in
compliance with the Specific Plan Design Guidelines, Approved Exhibit L and
W of Plot Plan No. 2017-095 and the TENTATIVE MAP conditions of approval.
NOTE: The requirements of this plot plan may be incorporated with any minor
plot plan required by the conditions of approval for this subdivision. However,
this WALL/FENCING PLAN condition of approval shall be cleared individually.
LANDSCAPING
62. 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).
63. Performance Securities. Performance securities, in amounts to be
determined by the Community Development Director to guarantee the
installation of plantings, irrigation system, walls and/or fences, in accordance
with the approved plan, shall be filed with the Community Development
Department. Securities may require review by the City Attorney and other staff.
Permit holder is encouraged to allow adequate time to ensure that securities
are in place. The performance security may be released one year after
structural final, inspection report, and the Six Month and One-Year Post
Establishment report confirms that the planting and irrigation components have
been adequately installed and maintained. A cash security shall be required
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when the estimated cost is $2,500.00 or less. Security deposits are only
required for common area landscaped areas.
64. Landscape Inspection Deposit. Prior to issuance of Building Permits, the
permit holder shall open a Landscape Deposit Based Fee case and deposit the
prevailing deposit amount to cover the pre-installation inspections, installation
inspections, Six Month Post Establishment and One Year Post Establishment
Landscape Inspections. The amount of hours for the Inspections will be
determined by the Community Development Department's Landscape
personnel prior to approval of the requisite Minor Plot Plan for Planting and
Irrigation.
FEES
65. 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.
66. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
67. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
68. Quimby Fees. Per the Development Agreement for the Specific Plan, which
applies to subsequent developments, the Central Park shall satisfy the Public
Park Obligation for this development. However, the central park shall be
improved and dedicated to the City prior to the first certificate of occupancy
within this tract (per section 3.21.1 (a) of the Development Agreement). If the
central park is not improved or dedicated to the City prior to the first occupancy
within this tract, the Development Agreement should be referenced to
determine the Quimby fees due.
Prior to Final Inspection
69. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this tract map and
Environmental Impact Report which must be satisfied prior to the issuance of
final occupancy. The Community Development Director may require inspection
or other monitoring to ensure such compliance.
70. Archeology Report - Phase III and IV. Prior to final inspection, the
developer/permit holder shall prompt the Project Archeologist to submit two (2)
copies of the Phase III Data Recovery report (if required for the Project) and
the Phase IV Cultural Resources Monitoring Report that complies with the
Community Development Department's requirements for such reports. The
Phase IV report shall include evidence of the required cultural/historical
sensitivity training for the construction staff held during the pre-grade meeting.
The Community Development Department shall review the reports to determine
adequate mitigation compliance. Provided the reports are adequate, the
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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 and Soboba
Cultural Resources Departments.
71. 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.
72. Fencing and Wall Compliance. Fencing shall be provided throughout the
subdivision in accordance with the approved Exhibit W and/or approved walls
and fencing plan.
73. Entry Monuments. Prior to the first occupancy within the tract, entry
monuments shall be installed in accordance with the approved entry monument
plans (Approved Exhibit A and W).
74. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations shown on the APPROVED EXHIBIT B.
75. Roll Up Garage Doors. All residences shall have automatic roll-up garage
doors.
76. Final Planning Inspection. The permittee shall obtain final occupancy sign-off
from the Planning Division for each Building Permit issued by scheduling a final
Planning inspection prior to the final sign-off from the Building Department.
Planning staff shall verify that all pertinent conditions of approval have been
met, including compliance with the approved elevations, hardscaping, site plan,
ground mounted equipment screening, transformer locations, parking, walls
and fencing and landscaping.
77. Central Park Site/Quimby Fees. Per the Development Agreement for the
Specific Plan, which applies to subsequent developments, the Central Park
shall satisfy the Public Park Obligation for this development. However, the
central park shall be improved and dedicated to the City prior to the first
certificate of occupancy within this tract (per section 3.21.1 (a) of the
Development Agreement). If the central park is not improved or dedicated to
the City prior to the first occupancy within this tract, the Development
Agreement should be referenced to determine the Quimby fees due.
LANDSCAPING
78. 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?”
79. Landscape/Irrigation Install Inspection
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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.
80. Landscape Installation. All required landscape planting and irrigation, shall
have been installed in accordance with approved Landscaping, Irrigation, and
Shading Plans, Menifee Municipal Code Chapter 15.04 and 9.86 (as adopted
and any amendments thereto), Eastern Municipal Water District requirements
and the Riverside County Guide to California Landscaping. All landscape and
irrigation components shall be in a condition acceptable to the Community
Development Department. The plants shall be healthy and free of weeds,
disease or pests. The irrigation system shall be properly constructed and
determined to be in good working order.
81. 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.
82. Landscaping and Recreation Amenities Phasing. Landscaping, irrigation
and amenities shall be installed in accordance with the approved Phasing Plan.
Landscaping directly adjacent to buildings will be installed prior to the
occupancy of the building the landscaping is located adjacent to.
For the larger landscaped areas, the timing is as follows:
“Basin 1 Landscaping” The landscaping, irrigation, hardscape and amenities
located within the area depicted as Basin 1 on the Phasing plan shall be
installed prior to occupancy of the model home complex, or prior to occupancy
of the first unit within the project, whichever occurs first.
“Basin 2 Landscaping” The landscaping, irrigation, hardscape and amenities
located within the area depicted as Basin 2 on the Phasing plan shall be
installed prior to occupancy of the Buildings 32 or 33, or prior to occupancy of
the 41st unit within the project, whichever occurs first.
“Park Landscaping” The landscaping, irrigation, hardscape and amenities
located within the area depicted as “Park” on the Phasing plan shall be
installed prior to occupancy of the Buildings 13, 18 or 19, or prior to building
permit issuance of the 106th unit within the project, whichever occurs first.
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“Basin 3 Landscaping” The landscaping, irrigation, hardscape and amenities
located within the area depicted as Basin 3 on the Phasing plan shall be
installed prior to occupancy of the Buildings 22, 23 or 25, or prior to occupancy
of the 106th unit within the project, whichever occurs first.
“Landscaping Between Phases 10 & 14” The landscaping, irrigation,
hardscape and amenities located within the area located between Phases 10
&14 on the Phasing plan shall be installed prior to occupancy of the Buildings
20, 21 or 24, or prior to occupancy of the 134th unit within the project,
whichever occurs first.
The Community Development Director shall have the ability to modify or defer
the installation of the landscaping and central amenities as noted above, but
may require performance securities and additional deposits to cover
administrative costs. Under no circumstance shall landscaping be deferred if
80% of the units has been issued permits.
The installation of landscaping within open space area that will be maintained
by the Community Facilities District (CFD) can be modified or deferred by the
Engineering and Public Works Department. As some open space areas noted
above may contain water quality basins, the installation of landscaping and
completion of those lots may be required at an earlier time than what is noted
in the conditions by the Engineering and Public Works Department in order to
mitigate water quality impacts of the development. All water quality treatment
areas must be functional prior to issuance of any occupancy permit.
FEES
83. DIF Fees. The project is subject to a Development Agreement that freezes the
Development Impact Fees for two (2) years from the date of approval. If DIF
fees are paid within two (2) years from the date of the project approval, the DIF
fee will be that in effect under Ordinance 659 ($4,293.00 per dwelling unit).
Therefore, 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.
In the event DIF is not paid within 2 years of the date of approval, the fee paid
will be based on the City’s DIF schedule in effect at the time of payment.
84. 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
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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.
85. 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.
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Section III:
Public Works/Engineering
Conditions of Approval
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The following are the Public Works Engineering Department Conditions of Approval for
this project which shall be satisfied at no cost to the City or any other Government
Agency. All questions regarding the intent of the following conditions shall be referred to
the Public Works Engineering Department, Land Development Section. The
developer/property owner shall use the standards and design criteria stated in the
following conditions, and shall comply with all applicable City of Menifee standards,
specifications and ordinances. Should a conflict arise between City of Menifee standards
and design criteria, and any other standards and design criteria, those of the City of
Menifee shall prevail.
GENERAL CONDITIONS:
1. Subdivision Map Act. The project shall comply with the State of California
Subdivision Map Act.
2. Tentative Tract Map 37178, TR 2017-094. Tentative Tract Map Application
TM2017-094, TM37178, is concurrently being processed with this plot plan
application. The conditions of approval for the TTM application as they relate to
this Plot Plan Application 2017-095, shall apply.
3. Ordinance 460/461 and City Street Standards. The developer/property owner
shall provide all street improvements, street improvement plans and/or road
dedications set forth herein in accordance with Ordinances 460/461 and City of
Menifee Street Improvement Standards. It is understood that the exhibit correctly
shows acceptable centerline elevations, all existing easements, traveled ways,
and drainage courses with appropriate Q's. All questions regarding the true
meaning of the conditions shall be referred to the City Engineer.
4. ADA Compliance. ADA path of travel shall be designed at the most convenient
accesses and the shortest distance to the buildings in accordance with ADA
design standards and to the satisfaction of the City Engineer and the City
Building Official.
5. Existing and Proposed Easements. The submitted plot plan shall correctly
show all existing and proposed easements, traveled ways, and drainage courses
with appropriate Qs. Any omission or misrepresentation of these documents may
require said plot plan to be resubmitted for further consideration. All proposed
new easements, vacations or quitclaims of easements may be recorded per
separate instruments prior to final map recordation of the TTM 37178 associated
with this plot plan. All easement, vacation or quitclaim documents shall be
reviewed and approved by the PW Engineering Department.
6. Plan Submittals. The applicant shall complete plan review submittal forms, and
the required number of copies of improvement plans, grading plans and any
other necessary documentation along with supporting hydrologic and hydraulic
calculations shall be submitted to the City Engineering Department for review.
The plans shall be approved by the City prior to issuance of grading or
construction permits. All submittals shall be date stamped by the engineer and
include appropriate plan check deposits or fees. A CD of all items shall be
submitted with each plan check. A scanned image of the final approved
improvement plans shall be provided to the City.
7. Mylars. All improvement plans and grading plans shall be drawn on
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twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a
registered civil engineer and/or other registered/licensed professional as
required.
8. Encroachment Permits. All work to be performed in City, State, or local agency
right-of-way shall obtain required encroachment permits and clearances prior to
commencement of work.
9. Off Site Access Roads. Developer shall provide off-site access roads to City
maintained roads as approved by the City Engineer.
10. Secondary Access Roads Minimum Improvements and R/W
Any secondary access road allowed per these conditions of approval shall be
constructed per current City Standards with two 16’ travel lanes striped over 32’
of asphalt pavement and 8’ graded shoulder on each side of the pavement or as
determined by the PW Director. A minimum 60’ right of way shall be dedicated
for the use of public streets and utility purposes per separate instrument until the
final road dedication. Additional drainage improvements adjacent to shoulders
may be required to address applicable Water Quality requirements for secondary
road improvements. Appropriate maintenance mechanism shall be provided for
secondary access roads and associated BMPs.
11. Storm Water Quality. The underlying Parcel Map 36299 that subdivided the
parcel for this plot plan addressed the water quality for the backbone street
improvements only. A Final WQMP for the backbone street improvements has
been approved for PM36299. A SWPPP has also been prepared for the
development of the backbone streets and the mass grading of the entire
PM36299. The development of PP 2017-095 shall incorporate water quality
features that will coordinate and not interfere with the successful implementation
of the WQMP and the SWPPP for the underlying PM36299.
12. Water Quality Management Plan (WQMP). In compliance with the Santa Ana
River (SAR) Regional Water Quality Control Board (SWRCB) Order No. R8-
2010-0033 (SAR Permit), projects within the western region of Riverside County
submitted for discretionary approval will be required to comply with the
requirements of the SAR Permit on the implementation of Water Quality
Management Plan for Urban Runoff. The Final WQMP developed for this project
shall conform to the latest requirements set forth by the SAR Permit and
subsequent revision adopted by the Board prior to construction of all proposed
water quality facilities for this project. The WQMP addresses post-development
water quality impacts from new development and redevelopment projects. This
project meets the requirement for a submittal of a WQMP per the SAR Permit.
13. Dry Utility Installations. Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance
with City Ordinances, or as approved by the Public Works Director/City Engineer.
This also applies to existing overhead lines which are 33.6 kilovolts or below
along the project frontage and between the nearest poles offsite in each direction
of the project site.
14. As-Built Plans. Prior to issuance of certificate of occupancy, the
developer/property owner shall cause the civil engineer of record to submit as-
built plans for completed improvements in a format and manner approved by the
Public Works Director/City Engineer. A copy of the final drawings in Auto CAD
2010 format and scanned image of all final as-built plans in pdf format shall be
submitted to the PW Department. If the required files are not provided, the
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developer/property owner shall pay a scanning fee to cover the cost of scanning
the as-built plans. The timing for submittal of the as-built plans may be changed
only when determined appropriate by the Public Works Director/City Engineer.
15. Construction Times of Operation. The developer/property owner shall monitor,
supervise, and control all construction and construction related activities to
prevent them from causing a public nuisance including, but not limited to, strict
adherence to the following:
(a) Any construction within the City limits located 1/4 of a mile from an
occupied residence shall be limited to the hours of 6:30 a.m. to 7:00 p.m.,
Monday through Friday, except on nationally recognized holidays in
accordance with Municipal Code Section 8.01.020. Construction activities
on Saturday and Sunday or nationally recognized holidays are not
permitted unless prior approval is obtained from the City Building Official
or City Engineer. Night work is not permitted unless prior approval is
obtained for the City Building Official or City Engineer.
(b) Removal of spoils, debris, or other construction materials deposited on
any public street no later than the end of each working day.
(c) The construction site shall accommodate the parking of all motor vehicles
used by persons working at or providing deliveries to the site. Violation of
any condition or restriction or prohibition set forth in these conditions shall
subject the owner, applicant to remedies as set forth in the City Municipal
Code. In addition, the Public Works Director or the Building Official may
suspend all construction related activities for violation of any condition,
restriction or prohibition set forth in these conditions until such a time it
has been determined that all operations and activities are in conformance
with these conditions.
(d) A Pre-Construction meeting is mandatory with the City’s Public Works
Inspection Section prior to start of any construction activities for this site.
16. Bond Agreements and Improvement Security. The developer/property owner
shall post bonds or security in forms acceptable to the City, guaranteeing the
construction of all required grading and improvements in accordance with
applicable City policies and ordinances, and as determined by the Public Works
Director/City Engineer. The grading and improvements shall include, but not
limited to: onsite/offsite grading, onsite/offsite street improvements, street lights,
traffic signals, signing and striping, water quality BMPs, and storm drainage
facilities.
17. Backbone Infrastructure Bonding. Each Phase identified in the underlying
Tentative Parcel Map No. 36299 (Planning Application 2010-108) shall “stand
alone”. To prevent overlapping and multiple bonding of the same improvements
by several phases, the City will allow a set of plans of the common facilities that
serve multiple phases for the same owner. The bond will name on it all of the
project phases that need the common facility to function. If any project phase is
sold, the backbone improvements for that phase will be bonded in addition by the
new owner without reduction of the original backbone infrastructure bond that still
serve other phases. Only if a copy of an agreement between the prime developer
and any tenant or owner of a given phase is delivered to the City stating that the
prime developer is still responsible for backbone improvements, the new phase
owner or tenant will not need to bond for backbone improvements for that phase.
GRADING AND DRAINAGE
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General Conditions
18. Obey All Grading Regulations. All grading shall conform to the latest adopted
edition of the California Building Code, applicable City ordinances, City design
standards and specifications, City policies, rules and regulations governing
grading in the City.
19. Grading Permit for Clearing and Grubbing. City ordinance on grading requires
a grading permit prior to clearing, grubbing, or any top soil disturbances related
to construction grading activities.
20. Dust Control. During the actual grading, all necessary measures to control dust
shall be implemented by the developer/property owner in accordance with Air
Quality Management District (AQMD) requirements. A watering device shall be
present and in use at the project site during all grading operations.
21. Use of Maximum and Minimum Grade Criteria. Actual field construction
grades shall not exceed the minimum and maximum grades for ADA and
approved project grading design, to allow for construction tolerances. Any
improvement that is out of the minimum and maximum values will not be
accepted by the City Inspector, and will need to be removed and replaced at
developer’s or owner’s expense.
22. 2:1 Maximum Slope. Graded slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works
Engineering Department.
23. Slope Landscaping and Irrigation. All slopes greater than or equal to 3 feet in
vertical height shall be irrigated and landscaped with grass or ground cover.
Slopes exceeding 15 feet in vertical height shall be irrigated and planted with
shrubs and/or trees. Drip irrigation shall be used for all irrigated slopes.
24. Slope Erosion Control Plan. Erosion control and/or landscape plans are
required for manufactured slopes greater than 3 feet in vertical height. The plans
shall be prepared and signed by a registered landscape architect, and bonded in
accordance with City policies and ordinances.
25. Erosion Control Plans. All grading plans shall require approved erosion control
plans. Graded but undeveloped land shall provide, in addition to erosion control
planting, drainage facilities deemed necessary to control or prevent erosion.
Erosion and sediment control Best Management Practices (BMPs) are required
year round in compliance with the State Water Resources Control Board
(SWRCB) General Construction Permit. Additional erosion protection may be
required during a rain event, or before an anticipated rain event. Temporary
erosion control measures shall be implemented immediately following rough
grading to prevent deposition of debris onto downstream properties or drainage
facilities. Plans showing these measures shall be submitted to the City for review.
26. Slope Setbacks. Observe slope setbacks from buildings and property lines per
the California Building Code and applicable City ordinance regarding grading.
27. Minimum Drainage Grade. Minimum drainage design grade shall be 1% except
on Portland cement concrete surfaces where 0.5% shall be the minimum. The
engineer of record must submit a variance request for design grades less than
1% with a justification for a lesser grade.
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28. Drainage Facilities. Onsite drainage facilities/water quality features located
outside of road right of way shall be contained within drainage easements shown
on the final map for this plot plan. A note shall be added to the final map stating,
"Drainage easements shall be kept free of buildings and obstructions".
29. Drainage Guideline. The land divider shall accept and properly dispose of all
off-site drainage flowing onto or through the site. In the event the PW
Engineering Department permits the use of streets for drainage purposes, the
provisions of Article XI of the City adopted Ordinance No. 460 will apply. Should
the quantities exceed the street capacity or the use of streets be prohibited for
drainage purposes, the sub-divider shall provide adequate drainage facilities
and/or appropriate easements as approved by the PW Engineering Department.
30. No trees shall be planted over all proposed storm drain lines, sewer lines or
water lines.
31. Site Drainage. Positive drainage of the site shall be provided, and water shall
not be allowed to pond behind or flow over cut and fill slopes. Where water is
collected and discharged in a common area, protection of the native soils shall
be provided by planting erosion resistant vegetation, as the native soils are
susceptible to erosion by running water. All cut and fill slopes shall have a
maximum 2:1 grade, 2 horizontal to 1 vertical. Final determination of the
foundation characteristics of soils within on-site development areas shall be
performed by a licensed geotechnical engineer.
32. Street Drainage Facilities. All street drainage facilities shall be designed to
accommodate the 10–year storm event within the curb, or the 100- year storm
event flows within the street right of way. When either of these criteria is
exceeded, additional drainage facilities shall be installed in accordance with
Riverside County Flood Control and Water Conservation District criteria. All
parcels shall be graded to drain to the adjacent street or an adequate outlet.
33. 100 Year Sump Drainage Facilities. All drainage facilities outletting sump
conditions shall be designed to convey the tributary 100 year storm flows. An
emergency overflow escape or an alternative dual outlet shall be provided as
approved by City Engineer. Drainage facilities shall comply with City and
Riverside County Flood Control District standards.
34. 100-Year Drainage Facilities. All drainage facilities shall be designed to
accommodate 100-year storm flows as approved by the City of Menifee. All
drainage facilities shall conform to the project’s approved drainage study.
35. Trash Racks. Trash racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large floatable debris.
Prior to Grading Permit Issuance
36. Grading Bonds. Prior to issuance of a grading permit for any grading in excess
of 50 cubic yards, the developer/project owner shall post adequate performance
security with the Public Works Engineering Department.
37. Geotechnical and Soils Reports Requirement. A geotechnical report entitled
“Geotechnical Review of Tentative Tract Map 37178, Menifee Town Center
Planning Area 2, Menifee California” prepared for this project by Geocon West,
Inc., Project No. T2660-22-04, dated July 25, 2017 was reviewed and approved
by the PW-Engineering Department on September 15, 2017 (NV5 Memo). A
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copy of the approved report must be submitted prior to issuance of a grading
permit. All grading shall be done in conformance with the recommendations of
the City approved geotechnical/soils reports, and under the general direction of a
licensed geotechnical engineer.
38. Offsite Grading Permission and Easements. It is the sole responsibility of the
developer/property owner to obtain any and all proposed or required easements
and/or permissions necessary to perform the grading herein proposed. Written
permission shall be obtained from all affected property owners allowing the
proposed grading and/or drainage facilities to be installed outside of the project
boundaries. A notarized agreement and/or recorded documents shall be
submitted to the Engineering Department prior to issuance of a grading permit.
39. Import/Export. Prior to issuance of a grading permit, grading plans involving
import or export of dirt shall require approval of the import/export locations from
the Public Works Engineering Department. Additionally, if either location was not
previously approved by an Environmental Site Assessment, a Grading
Environmental Site Assessment shall be submitted for review and approval by
the Public Works Engineering Department prior to issuance of any grading
permit. A haul route must be submitted for approval by the Engineering
department prior to grading operations.
In instances where a grading plan involves import or export of soil from outside
the boundary of the Town Center Specific Plan, the developer/property owner
shall have obtained approval for the import/export location from the City
Engineering Department. Additional CEQA analysis will not be required if such
import/export has been analyzed in the EIR. Soil movement within the boundary
of the Town Center Specific Plan and EIR shall not be considered import/export
and shall not be subject to a new Environmental Assessment because the EIR
analyzed such soil movement for balance and grading purposes as part of the
construction program. If any soil movement requires the use of a public road that
is fully improved and accepted by the City and, a haul route must be submitted
and approved by the Engineering department prior to issuance of the grading
permit.
40. Drainage Study. The developer caused the Engineer of Record to submit a
Letter of Conformance (dated October 14, 2017) to the Hydrology & Hydraulics
Report dated June 2015 prepared by Albert A. Webb & Associates for the Town
Center PM36299-1. The PW Engineering Department has reviewed and
approved the conformance letter, subject to the following conditions:
(a) Prior to issuance of a grading permit, a Final Drainage Study for
TTM37178 shall be submitted for review and approval by the PW
Engineering Department. The responsible Engineer of Record shall sign
and wet stamp the final study. The project shall comply with all the
mitigation measures identified in the approved final study.
(b) Prior to issuance of grading permit the project shall guarantee the
construction of a drainage system that ensures no greater than 0.1cfs
shall be conveyed from the project site to Storm Drain Line S within City
Hall Drive, unless otherwise approved by the Public Works Director. The
required Final Drainage Study shall include hydraulic calculations to size
the proposed flow restriction and to verify that the flow from proposed
water quality Basin D to Line S shall be less than or equal to 0.1cfs during
the 100 year storm event. The calculations shall be clear and based on
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the design water quality volume surface elevation within the basin. The
proposed water quality Basin D shall include a separate outlet structure to
be located on the southern end of the basin, at the level of the water
quality volume water surface elevation; to ensure that once the basin fills
beyond its design capacity, the water will flow back to the on-site “high-
flow” storm drain line and be conveyed to the outlet at Basin C and
eventually to storm drain Line CC in Town Center Drive. The proposed
“low-flow” inlet pipe to the basin shall not be used to backflow water to the
on-site system.
41. Emergency Overflow for Sump Conditions. The Final Drainage Study shall
include a detailed description of how emergency overflow is being provided for all
sump inlets, including an exhibit showing the emergency overflow flow path, flow
line elevations, high point elevations, and adjacent pad elevations.
42. Flood Hazard Report. Site will include the necessary drainage improvements to
protect the site from flood hazard along with any features necessary to mitigate
the site's impact for both increased runoff and water quality. Unless otherwise
approved by the City, no grading or building permits shall be issued prior to the
approval of a final map for this plot plan or any other land use case for this site.
43. Perpetual Drainage Patterns. Grading shall be designed in a manner that
perpetuates the existing natural drainage patterns with respect to tributary
drainage areas, outlet points and outlet conditions; otherwise, a drainage
easement shall be obtained from all affected property owners for the release onto
their properties of concentrated or diverted storm flows. Prior to issuance of a
grading permit, a copy of the recorded drainage easements from all affected
property owners shall be submitted to the Public Works Engineering Department.
44. Cross Lot Drainage/Lot to Lot Drainage Easement. A recorded drainage
easement is required for lot to lot drainage.
45. NPDES General Construction Permit and SWPPP. The developer/property
owner shall comply with the National Pollutant Discharge Elimination System
(NPDES) General Construction Permit (GCP) from the SWRCB.
Prior to approval of the grading plans or issuance of any grading permit, the
developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a
Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the
WDID number issued by the SWRCB shall be reflected on all grading plans prior
to plan approval. For additional information on how to obtain a GCP, contact the
SWRCB. The developer/property owner shall be responsible for the preparation
and uploading of a Storm Water Pollution Prevention Plan (SWPPP) into the
State’s SMARTS database system. The developer/property owner shall also be
responsible for updating the SWPPP to constantly reflect the actual construction
status of the site. A copy of the SWPPP shall be made available at the
construction site at all times until construction is completed and the Regional
Board has issued a Notice of Termination (NOT) for the development.
46. 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.
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Prior to Building Permit Issuance
47. No Building Permit without Grading Permit. Prior to issuance of any building
permit, the developer/property owner shall obtain a grading permit and/or
approval to construct from the Public Works Engineering Department.
48. Offsite and Onsite Storm Drain Improvements. All storm drain facilities
required by the approved drainage study shall be reflected on the approved
improvement plans, and shall be completed for construction prior to issuance of a
building permit. The improvements shall be subject to the review and approval of
the City Engineer/Public Works Director.
49. Onsite and Offsite Storm Drain Facilities Larger Than 36”. Storm drain lines
greater than 36 inches proposed to be owned the Riverside County Flood Control
and Water Conservation District (Flood Control), shall also be reviewed and
approved by the Flood Control. The developer shall coordinate the transfer of
ownership for these larger lines to Flood Control as determined by the City
Engineer/PW Director.
50. Building Footprints over Setback/Right of Way Lines. Prior to issuance of
any building permit, the project shall ensure that no building footprints will cross
over any existing or proposed right of way lines and setback lines.
51. Final Rough Grading Conditions. Prior to issuance of any building permit, the
developer/property owner shall cause the Civil Engineer of Record and Soils
Engineer of Record for the approved grading plans, to submit signed and wet
stamped rough grade certification and compaction test reports with 90% or better
compaction, for the lots for which building permits are requested. The
certifications shall use City approved forms, and shall be submitted to the Public
Works Engineering Department for verification and acceptance.
52. Conformance to Elevations/Geotechnical Compaction. Rough grade
elevations for all building pads and structure pads submitted for grading plan
check approval shall be in substantial conformance with the elevations shown on
approved grading plans. Compaction test certification shall be in compliance with
the approved project geotechnical/soils report.
Prior to Issuance of Certificate of Occupancy
53. Final Grade Certification. Prior to issuance of Certificate of Occupancy, the
developer/property owner shall cause the Civil Engineer of Record for the
approved grading plans, to submit signed and wet stamped final grade
certification on City approved form, for the building for which a certificate of
occupancy is requested. The certification shall be submitted to the Public Works
Engineering Department for verification and acceptance.
54. Conform to Elevations. Final grade elevations of all building or structure
finish floors submitted for grading plan check approval shall be in substantial
conformance with the elevations shown on the approved grading plans.
55. Manufactured Slopes 4:1 or Steeper. Plant and irrigate all manufactured
slopes steeper than a 4:1 (horizontal to vertical) ratio and/or 3 feet or greater in
vertical height with grass or ground cover; slopes 15 feet or greater in vertical
height shall be planted with additional shrubs or trees as approved by the PW
Engineering Department.
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56. Map Owner Maintenance. The developer/property owner shall provide sufficient
description in the Covenants, Conditions, and Restrictions to advise purchasers
of any parcel within the subdivision that the owners of individual parcels are
responsible for the maintenance of the private drainage facility within the
drainage easements as shown on the final map for this plot plan. Public drainage
facilities within drainage easements shall be maintained by the property owner
until accepted by the City or the Riverside County Flood Control District.
WATER, SEWER AND RECYCLED WATER
57. EMWD Standards. Utility improvements shall be designed per Eastern Municipal
Water Districts (EMWD) standards and specifications, including required
auxiliaries and appurtenances. The final design, including pipe sizes and
alignments, shall be subject to the approval of EMWD and the City of Menifee.
58. Public Sewer Lines – Any new sewer line alignments or realignments shall be
designed such that the manholes are aligned with the center of lanes or on the
lane line and in accordance with City-Ordinances and Eastern Municipal Water
District standards.
Prior to Building Permit Issuance
59. Public Water Mains and Hydrants - All water mains and fire hydrants providing
required fire flows shall be constructed in accordance with City Ordinances, and
subject to the approval of the Eastern Municipal Water District and the Riverside
County Fire Department. All water lines for the purpose of landscaping irrigation
shall use recycled water.
60. Onsite and Offsite Public Sewer, Water and Recycled Water
Improvements – All onsite and offsite sewer, water and recycled water lateral
connections to the street right-of-way shall be shall be completed for construction
prior to issuance of a building permit.
TRAFFIC ENGINEERING, STREET IMPROVEMENTS AND DEDICATIONS
General Conditions
61. Trip Generation Evaluation Report. The project development provided a Trip
Generation Evaluation and Fair Share Assessment report dated November 22,
2017, prepared by Urban Crossroads. The purpose of the report is to identify and
compare the vehicular trips for the proposed Project to the land use assumptions
in the certified Town Center Specific Plan (TCSP) and the Mitigation Monitoring
and Reporting Plan (MMRP) to confirm if there are any significant new impacts or
substantial increase in the severity of an identified impact in the TCSP EIR that
would require additional analysis or mitigation. The PW Engineering Department
reviewed the report on November 22, 2017, and has agreed with its findings that
the proposed Project would not result in any additional significant impacts from
what is already disclosed in the TCSP EIR and no further mitigation beyond the
MMRP is required. The project shall comply with all the required mitigation
measures identified in the MMRP prior to the issuance of a certificate of
occupancy, and shall pay the fair share contribution identified in the November
22, 2017 report.
62. Street Improvements. Street improvements shall conform to all applicable City
Design Standards and Specifications, the City General Plan, the City-adopted
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Riverside County Ordinance 461, Riverside County Fire Department Access
Standards, and all other relevant laws, rules and regulations governing street
construction in the City.
63. Acceptance of Onsite Public Roadway Dedication and Improvements –
Easements and right-of way for public roadways shall be dedicated to the City of
Menifee through the final map for this plot plan, or other acceptable recordable
instrument. Public street improvements and right-of-way dedications, as follows:
(a) La Piedra Road – Secondary (4 lanes, undivided) (64’/100’).
Improvements and right-of-way shall be as depicted on the Tentative
Map.
(b) Great Oak Road - Modified General Local Standard Plan No. 115
(40’/60’). The modifications are: right-of-way width of 60 feet, curb to curb
roadway of 40 feet, and 5-foot sidewalk non-contiguous with curb.
All street rights-of-way as required to be dedicated are all within the boundaries
of the subdivision.
64. Encroachment Permits – The developer/property owner shall obtain all required
encroachment permits and clearances prior to start of any work within City, State,
or local agency right-of-way.
65. Street Design Standards - Street improvements shall conform to all applicable
City Design Standards and Specifications, the City General Plan, City
Ordinances, and applicable City-adopted Riverside County Ordinances, and all
other relevant laws, rules and regulations governing street construction in the
City.
66. Enhanced Entryways. The development is required to provide enhancement to
the following development entrances:
(a) Entrance at “A” Street from Great Oak Road
(b) Entrance at “B” Street from Great Oak Road
(c) Entrance at “C” Street from Great Oak Road
The enhancement shall consist of pavers at the minimum. No stamped concrete
shall be accepted. The detailed design shall be reviewed in final engineering
and shall be approved by the PW Engineering Department. At a minimum, the
structural integrity of the road segment with pavers shall be able to withstand the
vehicular loading at the entrances.
67. Enhanced Entryways. The development shall confine all proposed
enhancement to entryways within private property limits. No enhancements shall
encroach within public right of way. The detailed design shall be reviewed in final
engineering and shall be approved by the PW Engineering Department.
68. Street Name Signs - The Developer shall install street name sign(s) in
accordance with City- Standards as directed by the Engineering Department.
69. Intersection/50-Foot Tangent - All centerline intersections shall be at ninety
(90) degrees, plus or minus five (5) degrees, with a minimum fifty (50) feet
tangent, measured from flow line/curb face or as approved by the City Engineer.
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70. Soils and Pavement Report – If not already addressed in the approved
Geotechnical Report for this project, the developer/property owner shall submit a
City approved soils and pavement investigation report addressing the
construction requirements, including the street structural sections, within the
right-of-way.
71. Paving or Paving Repairs – The applicant shall be responsible for obtaining all
required paving inspections. Paving and/or paving repairs for utility street cuts
shall be per City of Menifee Standards and Specifications and as approved by
the Public Works Director/City Engineer.
72. Concrete Work – All concrete work including curbs, gutters, sidewalks,
driveways, cross gutters, catch basins, manholes, vaults, etc. shall be
constructed to meet a 28-day minimum concrete strength of 3,250 psi.
73. Onsite and Offsite Street Lights Ownership and Maintenance – All proposed
public and private street lights shall be designed in accordance with City
approved standards and specifications, or as determined and approved by the
PW Director/City Engineer. The City shall have ownership and maintenance of all
proposed public street lights and associated appurtenances, and shall be
provided with adequate service points for power. The design shall be
incorporated in the project’s street improvement plans or in a separate street light
plan as determined and approved by the PW Director/City Engineer.
74. Signing and Striping Plan. A signing and striping plan is required for this
project. The applicant shall be responsible for any additional paving and/or
striping removal caused by the striping plan. Traffic signing and striping shall be
performed by City forces with all incurred costs borne by the applicant, unless
otherwise approved by the City Traffic Engineer.
75. Phases 5 & 7 of TPM 36299. All parcels within Phases 5 & 7 of the underlying
TPM 36299 shall comply with the following:
Primary access shall be provided on La Piedra Road from Sherman Road (now
Town Center Drive) to Haun Road. Secondary access shall be provided on City
Hall drive from Great Oak Drive to Town Center Drive and on Town Center Drive
from the northern frontage to Newport Road. The secondary access road shall
comply with the condition titled “Secondary Access Minimum Improvements and
R/W” in this document.
76. La Piedra Road Improvements. La Piedra Road fronting the development
shall be improved for half street width. A minimum additional 12 feet
improvement past the centerline will also be required with design details
approved by the PW Director. The improvement shall meet the cross section
requirement for a Secondary Road, including a Class II Bike lane.
Improvement shall extend a minimum of 300 feet past the project boundary
line with appropriate transitions approved by the PW Director.
77. Street Light Plan – Street lighting shall be designed in accordance with the
latest City Standards and Specifications for LS-3 street light rates, and as
determined by the PW Director.
78. Streetlight Design as LS-3 Rate Lights – All new streetlights, other than traffic
signal safety lights, shall be designed as LS-3 rate lights in accordance with
approved City standards and specifications, and as determined by the PW
Director
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79. Street Light Service Point Addressing – The developer shall coordinate with
the PW Department and with Southern California Edison the assignment of
addresses to required street light service points. Service points serving public
streetlights shall be owned by the City and shall be located within public’s right of
way or within duly dedicated public easements.
80. Utility Easement on Old Sherman Road – The developer/applicant shall
provide proof that utility easements that were reserved when the Old Sherman
Road was vacated/realigned, have been quitclaimed. A copy of the recorded
document shall be submitted to the PW Department for review and acceptance.
81. Street Improvement Plans – Street Improvement plans shall be submitted to
the City for review and approval in conformance with City adopted County
Ordinances 460/461, and current City Standards and Policies. Street
improvement plans may be submitted for each phase as approved by the City
Engineer.
82. Sight Distance Analysis – Sight distance analysis shall be conducted at all
project roadway entrances for conformance with City sight distance standards.
The analysis shall be reviewed and approved by the PW Director, and shall be
incorporated in the final the grading plans, street improvement plans, and
landscape improvement plans.
83. Signing and Striping Plan – Prior to issuance of a building permit, any
necessary signing and striping plan shall be approved by the PW Director in
accordance with City ordinances, standards and specifications, and with the
latest edition of the CAMUTCD.
84. Traffic Signal Control Devices - All new traffic signals and traffic signal
modifications required for construction by this development shall include traffic
signal communication infrastructure, network equipment, and Advanced Traffic
Management System (ATMS) license software. Said traffic signal control devices
shall be submitted with the traffic signal design plans, and shall be approved by
the PW Director, prior to testing of new traffic signal. Traffic signal poles shall be
placed at ultimate locations when appropriate.
85. Traffic Signal Timing Plans - Traffic signal timing plans for new and or
modified signalized intersections shall be submitted with the traffic signal design
plans and shall be approved by the PW Director prior to installation and testing of
new signal.
86. Traffic Signals – The project shall comply in accordance with traffic signal
requirements within public road rights-of-way, as directed by the Public Works
Department. Assurance of traffic signal maintenance is required by annexing into
a City administered Landscaping and Lighting Maintenance District or
Community Facilities Maintenance District (CFD).
87. Traffic Signal Design. Complete the design of the proposed new traffic signal
at the intersection of Town Center Drive and La Piedra Road per City
Specifications and Special Provisions. The final intersection geometrics at this
location shall be reviewed and approved by the Traffic Engineer.
88. Traffic Signal Interconnect. Traffic signal interconnect between those signals
installed or modified by the project shall be installed as directed by the
Engineering Department and per City Standards and Specifications.
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89. Traffic Signal Coordination. A traffic signal coordination program employing
Syncro Modeling software or other software acceptable to the City Engineer shall
be developed for the project traffic signals. The coordination program shall be
submitted to and approved by the City Engineer. The traffic signal controller at
the intersection of Haun Road and Newport Road is designated as the system
master.
90. Construction Traffic Control Plan - Prior to start of any project related
construction, the developer/property owner shall submit to the Public Works
Engineering Department for review and approval, a Construction Traffic Control
Plan in compliance with the development’s FEIR, all applicable City ordinances,
standards and specifications, and the latest edition of the CAMUTCD. The traffic
control plan shall address impacts from construction vehicular traffic, noise, and
dust and shall include measures to mitigate these effects. The plan shall include
the following:
(a) The estimated day(s), time(s) and duration of any lane closures that are
anticipated to be required by Project construction.
(b) Safety measures such as, but not limited to, signage, flagmen, cones,
advance community notice, or other acceptable measures to the
satisfaction of the Public Works Engineering Department. The purpose of
the measures shall be to safely guide motorists, cyclists, and pedestrians,
minimize traffic impacts and ensure the safe and even flow of traffic
consistent with City level of service standards and safety requirements.
(c) A notification to the Public Works Department at least five (5) business
days in advance of any planned lane closure that will be caused by
Project construction. The City shall evaluate any other known lane
closures, construction activities, or special events that may conflict with
the Project’s scheduled lane closure or create additional impacts to traffic
flow; and, if deemed necessary by the Public Works Department, the
Project’s lane closure may be postponed or rescheduled.
(d) A dirt haul route plan shall be submitted for approval prior to any
import/export grading operation. The plan shall identify all origins and
destinations and a 9:00am – 4:00pm haul period. Haul routes are not
permitted on residential streets. The traffic control application, location,
and type of traffic control shall be shown on the plan. Daily street
sweeping is required during all hauling operations.
Prior to Issuance of Certificate of Occupancy
91. Traffic Signal Mitigation Program – The applicant shall participate in the Traffic
Signal Mitigation as approved by the City Council. The project shall comply with
all the required mitigation measures identified in the MMRP prior to the issuance
of a certificate of occupancy.
92. Fair Share Cost Participation/Mitigation Measures for Off-site
Improvements- TPM36299 is required to comply with the mitigation measures
identified in the approved Town Center Specific Plan (TCSP) Mitigation
Monitoring and Reporting Plan (MMRP). The developer/property owner provided
a Trip Generation Evaluation and Fair Share Assessment Report dated
November 22, 2017 and prepared by Urban Crossroads. The study, reviewed
and approved by the PW Engineering Department, identified that the form of
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mitigation is through payment of fair share costs participation. Refer to the
MMRP for the required offsite improvements and required mitigation measures.
93. Payment of Fair Share Cost Participation/Delivery of Mitigation Measures
for Off-site Improvements- The developer/property owner shall pay the fair
share costs for the offsite Improvements identified to be mitigated in the Town
Center Specific Plan (TCSP) MMRP. Prior to issuance of a Certificate of
Occupancy, the developer/property owner shall pay fair share costs for off-site
intersection improvements as detailed below.
Opening Year Cumulative Conditions
a. Haun Road/Holland Road: The developer/property owner shall contribute a
fair share construction cost of 2.4% toward the installation of a traffic signal,
restriping southbound approach to provide one left-turn lane and one through
lane, construction of one northbound left-turn lane, one eastbound left-turn
lane, and one southbound right-turn lane.
b. Murrieta Road/Newport Road: The developer/property owner shall
contribute a fair share construction cost of 0.4% toward construction of a
second southbound left-turn lane, a second westbound left-turn lane, and a
signal modification to provide overlap phasing for the westbound right-turn
lane.
c. Bradley Road/Cherry Hills Blvd: The developer/property owner shall
contribute a fair share construction cost of 0.6% toward installation of a traffic
signal.
d. Bradley Road/Desert Hills Road: The developer/property owner shall
contribute a fair share construction cost of 0.6% toward construction of a
second northbound through lane and a second southbound through lane,
restriping the northbound approach to provide one shared left-turn/through
lane and one through lane, and restriping the southbound approach to
provide one through lane and one shared through/right-turn lane.
e. Bradley Road/Potomac Drive: The developer/property owner shall
contribute a fair share construction cost of 0.8% toward construction of a
second northbound through lane and a second southbound through lane,
restriping the northbound approach to provide one left-turn lane, one through
lane and one shared through/right-turn lane, and restriping the southbound
approach to provide one left-turn lane, one through lane and one shared
through/right-turn lane.
f. Bradley Road/Newport Road: The developer/property owner shall
contribute a fair share construction cost of 0.7% toward construction of a
second northbound right-turn lane, a second eastbound left-turn lane, and
one eastbound right-turn lane. In addition, the second eastbound left-turn
lane will require construction of a second northbound receiving lane on the
north leg of the intersection with proper transition taper. NOTE: The required
third eastbound through lane identified in the Town Center Specific Plan Final
EIR Mitigation Monitoring Program has already been completed.
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g. I-215 Southbound Ramps/McCall Boulevard: The developer/property
owner shall contribute a fair share construction cost of 0.2% toward
construction of a second southbound left-turn lane and restriping the existing
shared left-turn/through lane to a shared left-turn/through/right-turn lane.
h. Haun Road/Scott Road: The developer/property owner shall contribute a fair
share construction cost of 0.4% toward construction of the buildout phase of
the I-215/Scott Road Interchange Improvements Project, and construction of
a second westbound right-turn lane. NOTE: The Interim/Phase 1 I-215/Scott
Road Interchange Improvements Project is fully funded and construction on
the project begins in late 2017.
i. I-215 Southbound Ramps/Scott Road: The developer/property owner shall
contribute a fair share construction cost of 0.4% toward construction of the
buildout phase of the I-215/Scott Road Interchange Improvements Project.
NOTE: The Interim/Phase 1 I-215/Scott Road Interchange Improvements
Project is fully funded and construction on the project begins in late 2017.
j. I-215 Northbound Ramps/Scott Road: The developer/property owner shall
contribute a fair share construction cost of 0.3% toward construction of the
buildout phase of the I-215/Scott Road Interchange Improvements Project,
and additionally, the intersection requires restriping of the northbound right-
turn lane to a shared northbound through/right-turn lane. NOTE: The
Interim/Phase 1 I-215/Scott Road Interchange Improvements Project is fully
funded and construction on the project begins in late 2017.
k. Menifee Road/Newport Road: The developer/property owner shall
contribute a fair share construction cost of 0.5% toward construction of a
second northbound left-turn lane, a signal modification to provide overlap
phasing for the southbound right-turn lane, and construction of an eastbound
right-turn lane with overlap phasing. NOTE: The required third westbound
through lane identified in the Town Center Specific Plan Final EIR Mitigation
Monitoring Program has already been completed.
Year 2035 Conditions
a. Bradley Road/Potomac Drive: The developer/property owner shall
contribute a fair share construction cost of 2.4% toward converting
intersection from two-way stop control to all-way stop control.
b. Sherman Road/La Piedra Road: The developer/property owner shall
contribute a fair share construction cost of 3.6% toward installation of a traffic
signal.
c. Sherman Road/Holland Road: The developer/property owner shall
contribute a fair share construction cost of 0.7% toward converting
intersection from two-way stop control to all-way stop control.
94. Fair Share Cost Estimates- The fair share cost estimates for Offsite
Improvements previously described shall be based on conceptual exhibits and
units costs reviewed and approved by the PW Engineering Department. The
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conceptual exhibits shall show the proposed improvements overlaid onto the
existing roadway to aid in the evaluation of the construction cost of said
improvement.
95. Street Improvements - All roads shall be improved, per the recommended
General Plan designation, Town Center Specific Plan latest amendment, and
approved TTM site plan and traffic impact analysis as part of the final
environmental impact report and as noted below. All easements and right-of way
for public roadways shall be granted to the City of Menifee. The areas between
the right-of-way and the street curbs, not including the sidewalk/trail shall be
landscaped, irrigated and maybe requested for maintenance subject to City
Engineer’s approval, by applicable City administered Community Facilities
Maintenance District (CFD) or proposed property owners’ association. All streets
shall comply with the Fire Department requirements.
96. Traffic Signal at La Piedra and Town Center Drive – The underlying
TPM36299 conditions that created the parcels for this plot plan require any
parcel within Phases 5 and 7 of the tentative parcel map TPM36299 to comply
with the following transportation condition:
Prior to certificate of occupancy of the corresponding phase, the applicant shall
be responsible for the construction and installation of the proposed or modified
traffic signals per City Specifications and Special Provisions at the intersections
of Sherman Road (now Town Center Drive) and La Piedra Road (new).
97. Phases 5 and 7 of TPM36299 – The following transportation conditions shall
apply: Primary access shall be provided on Sherman Road (now Town Center
drive) from the northern frontage to Newport Road. Town Center Drive shall be
dedicated north of Menifee Center Drive for the use of public streets and utility
purposes. Secondary access shall be provided on Town Center Drive from the
southern frontage to La Piedra Road and on La Piedra Road from Town Center
Drive to Haun Road. The secondary access road shall comply with the condition
titled “Secondary Access Minimum Improvements and R/W” in this document.
98. Payment of Fair Share Cost Participation/Delivery of Mitigation Measures
for Off-site Improvements- The developer/property owner shall pay the fair
share costs for the offsite Improvements identified to be mitigated in the Town
Center Specific Plan (TCSP) MMRP. Mitigation measures required to be
constructed shall be complete prior to issuance of a Certificate of Occupancy.
The fair share payments are due prior to issuance of a certificate of occupancy.
99. Traffic Signal at La Piedra and Town Center Drive – Prior to issuance of any
certificate of occupancy, the traffic signal at the intersection of La Piedra Road
and Town Center drive shall be installed.
100. La Piedra west of Town Center Drive – The segment of La Piedra west of the
Town Center Drive will not be open for public use until the traffic signal at this
intersection has been constructed to City specifications and deemed operational
by the PW Director/City Engineer.
101. Street Lights Install – Install streetlights along the streets associated with
development in accordance with the approved City approved street lighting plans
and standards. It shall be the responsibility of the Developer to ensure that
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streetlights are energized along the streets of those lots where the Developer is
seeking Building Final Inspection (Occupancy).
102. Town Center Drive (formerly Sherman Road) Street Improvements for
Secondary Access - With the exception of the segment between “A” Street
(Menifee Center Drive) and Newport Road that will be constructed to full width,
some segments of Sherman Road (now Town Center Drive) between La Piedra
Road and Newport Road may serve as a secondary road. The first three
developed phases in TPM 36299 shall be allowed to use the secondary access
road in compliance with the condition titled “Secondary Access Minimum
Improvements and R/W” in the conditions of approval for TPM 36299. After the
recordation of third phase (regardless of phase number) Sherman Road (now
Town Center drive) between La Piedra Road and Newport Road shall be
constructed with ultimate improvements as described in Condition 91 of
TPM36299, prior to the recordation of any subsequent phase.
103. La Piedra Road Street Improvements for Secondary Access. With the
exception of the Phase Number 6 of Tentative Parcel Map 36299, the first four
developed phases will be allowed to construct La Piedra as a secondary access
in compliance with the condition titled “Secondary Access Minimum
Improvements and R/W” of TPM36299. After the recordation of fourth phase
(regardless of phase number) La Piedra Road between Town Center Drive and
Haun shall be constructed with ultimate improvements as described in the
Condition 93 of TPM36299, prior to the recordation of any subsequent phase.
104. Right of Way Landscape – Right of way landscaping shall be installed per an
approved plan including best management practices identified in the water
quality management plan.
105. Street Improvements – Prior to final inspection for certificate of occupancy for
any building, the street improvements corresponding shall be constructed to the
satisfaction of the City Engineer.
106. Paving Inspections - The applicant/applicant shall be responsible for obtaining
the paving inspections required by applicable City Grading Ordinance. All
applicable inspection deposits shall be placed with the City.
107. Traffic Signal Installation – Prior to certificate of occupancy of the
corresponding phase, the applicant shall be responsible for the construction and
installation of the proposed or modified traffic signals per City Specifications and
Special Provisions at the intersections of Sherman Road (now Town Center
Drive) and La Piedra Road (new).
108. Landscaping Application Annex– Landscaping within public road rights-of-way
shall comply with the PW Engineering Department standards and require
approval by the PW Department. Assurance of continuing maintenance is
required by annexing the development into a City administered Landscaping and
Lighting Maintenance District or Community Facilities Maintenance District
(CFD).
109. Landscaping – The project proponent shall comply in accordance with
landscaping requirements within public road rights-of-way, in accordance with
City Standards and Ordinances. Landscaping shall be installed in the parkways
and raised medians. Landscaping plans shall be submitted on standard City Plan
sheet format (24" X 36"). Landscaping plans shall be submitted with the street
improvement plans. If the landscaping maintenance will become the
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responsibility of a City administered Landscaping and Lighting Maintenance
District or Community Facilities Maintenance District (CFD), landscaping plans
shall depict ONLY such landscaping, irrigation and related facilities as are to be
placed within the public road rights-of-way
NPDES and WQMP
General Conditions
110. Stormwater/Urban Runoff Management Program, MMC Chapter
15.01. All City of Menifee requirements for NPDES and Water Quality
Management Plans (WQMP) shall be met per City of Menifee Municipal Code
Chapter 15.01 for Stormwater/Urban Runoff Management Program. This project
is required to submit a project specific WQMP prepared in accordance with the
latest WQMP guidelines approved by the Regional Water Quality Control Board.
111. Trash Enclosures Standards and Specifications – Storm runoff
resulting in direct contact with trash enclosure, or wastewater runoff from trash
enclosure are prohibited from running off a site onto the City MS4 without proper
treatment. Trash enclosures in new developments and redevelopment projects
shall meet new storm water quality standards including:
(a) Provision of a solid impermeable roof with a minimum clearance height to
allow the bin lid to completely open.
(b) Constructed of reinforced masonry without wooden gates. Walls shall be
at least 6 feet high.
(c) Provision of concrete slab floor, graded to collect any spill within the
enclosure.
(d) All trash bins in the trash enclosure shall be leak proof with lids that are
continuously kept closed.
(e) The enclosure area shall be protected from receiving direct rainfall or run-
on from collateral surfaces.
Any standing liquids within the trash enclosures without floor drain must be
cleaned up and disposed of properly using a mop and a bucket or a wet/dry
vacuum machine. All non-hazardous liquids without solid trash may be put in the
sanitary sewer as an option, in accordance with Eastern Municipal Water District
(EMWD) criteria.
An alternate floor drain from the interior of the enclosure that discharges to the
sanitary sewer may be constructed only after obtaining approval from EMWD.
This option requires the following:
(a) The trash enclosure shall be lockable and locked when not in use with a
2-inch or larger brass resettable combination lock. Only employees and staff
authorized by the enclosure property owner shall be given access. This
requirement may not be applicable to commercial complexes with multiple
tenants.
(b) A waterless trap primer shall be provided to prevent escape of gasses from
the sewer line and save water.
(c) Hot and cold running water shall be provided with a connection nearby with
an approved backflow preventer. The spigot shall be protected and located at
the rear of the enclosure to prevent damage from bins.
Prior to Grading Permit Issuance
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112. Final Project Specific Water Quality Management Plan (Final WQMP) –
Prior to issuance of a grading permit, a FINAL project specific WQMP in
substantial conformance with the approved PRELIMINARY WQMP, shall be
reviewed and approved by the Public Works Engineering Department. Final
construction plans shall incorporate all of the structural BMPs identified in the
approved FINAL WQMP. The final developed project shall implement all
structural and non-structural BMPs specified in the approved FINAL WQMP. One
copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be
submitted to the Public Works Engineering Department. The FINAL WQMP
submittal shall include at the minimum the following reports/studies:
(a) Hydrology/hydraulics report
(b) Soils Report that includes soil infiltration capacity
(c) Limited Phase II Environmental Site Assessment Report as maybe
required by an approved Phase I ESA
113. Preliminary WQMP – The developer has submitted a Preliminary WQMP
dated December 21, 2017 and prepared by Alliance Land Planning &
Engineering Inc. Although the PW Engineering Department reviewed and
approved the Prelim WQMP as meeting the minimum requirement for a Prelim
WQMP, the following additional comments shall be addressed in Final WQMP
before approval:
Provide detailed description of the safety measures that will be implemented
for each basin where side slopes are steeper than 4:1. These measures shall
be shown on the plans.
Due to hydraulic requirements related to Storm Drain Line S, modifications to
Basin D must be made prior to issuance of grading permits. The basin
design must still meet all design requirements specified in the Riverside
County LID Handbook, and the WQMP must be updated to reflect these
design modifications. Basin details must be updated on the WQMP exhibit
and plans, and they must include an access port for cleaning out the
underdrain and design information for any high flow bypass structures.
114. Encroachment of Non-BMP Facilities in WQMP Basins. Non-BMP facilities,
such as monument signs, dry utility lines or trees/planting materials that are not
part of the WQMP performance design, shall not be allowed to be placed in the
basins without prior approval from the PW Engineering Department.
115. Safety features for WQMP Basins. For WQMP basins with down slopes or
drops that are in close proximity to pedestrian sidewalks or path of travel shall be
provided with safety features such as railings or other acceptable means to
ensure a safe path of travel. The design shall be determined and approved by
the PW Engineering Department and the Community Development Department.
116. WQMP Facilities for Offsite La Piedra Road and Town Center Road. There
are two water quality basins currently existing along La Piedra Road and Town
Center Road fronting the proposed development, to treat flows from these offsite
roads. The developer/property owner is proposing to remove these two basins
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and replace with new facilities that will provide equivalent treatment capacities as
the current basins. The developer/property owner shall ensure that the
replacement facilities are within public ROW and/or easements are provided if
placed outside the ROWs. The design shall be reviewed and approved by the
PW Engineering Department, and necessary WQMP documents are revised to
reflect the changes.
117. Revision to the Final WQMP. In the event the Final WQMP design requires
revisions that substantially deviate from the approved Prelim WQMP, a revised or
new WQMP shall be submitted for review and approval by the PW Engineering
Department. The cost of reviewing the revised or new WQMP shall be charged
on a time and material basis. The fixed fee to review a Final WQMP shall not
apply, and a deposit shall be collected from the applicant to pay for reviewing the
substantially revised WQMP.
118. WQMP Maintenance Agreement – Prior to, or concurrent with the approval of
the FINAL WQMP, the developer/project owner shall record Covenants,
Conditions and Restrictions (CC&R’s), or enter into an acceptable maintenance
agreement with the City to inform future property owners of the requirement to
perpetually implement the approved FINAL WQMP. The agreement shall also
include a provision for the City to have a right of entry to the developed site to
ensure post development WQMP facilities are in acceptable working conditions.
119. Storm Water Pollution Prevention Plan (SWPPP). This project will disturb one
(1) or more acres or is part of a larger project that will disturb one (1) or more
acres. Prior to issuance of any grading or construction permits - whichever
comes first, the applicant is required to comply with the State Water Resources
Control Board Order Number 2009-0009-DWQ (NPDES No. CAS000002) for the
National Pollutant Discharge Elimination System General Construction Permit
(GCP). Clearance for grading shall not be given until the City Engineering
Department has determined that the project applicant has complied with such
Order. A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to
the City Engineering Department for reference. The applicant is responsible for
securing Regional Board approval of the SWPPP, and uploading of necessary
SWPPP documents in the State’s SMARTS system. A State issued WDID
number shall be reflected on all grading plans prior to approval.by the City.
120. WQMP Basin in Lot 1. The developer/property owner is proposing a water
quality treatment basin within a portion of Lot 1 of the proposed tract, to treat
public flows. The basin is proposed to be maintained by the City through a City
administered CFD. The rest of Lot 1 is proposed to be landscaped and improved
with amenities to be maintained by the development’s Homeowner’s Association
(HOA). The final map for this plot plan shall show an easement dedicated to the
City for the area to be occupied by the basin. The area shall be defined by metes
and bounds description on the map and shall be visually delineated on the
ground by some structural features such as mow curb or other features that are
acceptable to the PW Engineering Department. The final delineating feature shall
be determined in final engineering.
Prior to Building Permit Issuance
121. SWRCB, Trash Amendments. The State Water Resources Control Board
(State Board) adopted amendments to the Water Quality Control Plan for Ocean
Waters of California and the Water Quality Control Plan for Inland Surface
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Waters, Enclosed Bays, and Estuaries – collectively referred to as the “Trash
Amendments.” Applicable requirements per these amendments shall be adhered
to with implementation measures, prior to building permit issuance. Projects
determined to be within Priority Land Uses as defined in the Trash Amendments,
shall provide trash full capture devices to remove trash from all Priority Land Use
areas that will contribute storm water runoff to the City of Menifee’s MS4. All
trash full capture devices shall be listed on the State Board’s current list of
certified full capture devices posted on their website
(https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_imple
mentation.shtml), or otherwise approved by State or Regional Water Quality
Control Board staff. Storm water runoff from privately owned Priority Land Use
areas shall be treated by full capture devices located within privately owned
storm drain structures or otherwise located on the privately owned property,
whenever possible. Runoff from Priority Land Use areas created or modified by
the project, and which are proposed to be City owned, shall be treated by full
capture devices located within city-owned storm drains or otherwise located
within the public right of way
Prior to Issuance of Certificate of Occupancy
122. 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.
123. Implement WQMP and Construction Phasing. All structural BMPs described
in the project-specific WQMP shall be constructed and installed in conformance
with approved plans and specifications. It shall be demonstrated that the
applicant is prepared to implement all non-structural BMPs described in the
approved project specific WQMP and that copies of the approved project-specific
WQMP are available for the future owners/occupants. The City will not release
occupancy permits for any portion of the project until all proposed BMPs
described in the approved project specific WQMPs, to which the portion of the
project is tributary to, are complete and operational. This includes construction
phasing, if phasing is proposed for the development.
124. Construction Phasing and Implementation of WQMPs. If construction phasing
is proposed for the development, all WQMP facilities and BMPs that are tributary
to the a proposed phase shall be shall be installed and operational development
is proposed to be phased is proposed to be phased, all WQMP facilities
proposed to be
125. Inspection of BMP Installation - Prior to issuance of Certificate of Occupancy,
all structural BMPs included in the approved FINAL WQMP shall be inspected for
completion of installation in accordance with approved plans and specifications,
and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all
proposed structural BMPs are in working conditions, and that a hard copy and/or
digital copy of the approved FINAL WQMP are available at the site for use and
reference by future owners/occupants. The inspection shall ensure that the
FINAL WQMP at the site includes the BMP Operation and Maintenance Plan,
and shall include the site for in a City maintained database for future periodic
inspection.
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126. Easement Dedication for WQMP Basin. Prior to issuance of a Certificate of
Occupancy, the developer/property owner shall grant an easement for the
proposed water quality basin that will treat offsite public flows. The easement
shall be in a recordable form acceptable to the PW Engineering Department. The
easement shall be reviewed and approved by the PW Engineering Department
and shall be recorded prior to the issuance of a Certificate of Occupancy.
CITY ADMINISTERED COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD)
Prior to Building Permit Issuance
127. CFD 2017-1 - The project is within the boundaries of the Town Center CFD
2017-1. The CFD will be the funding mechanism responsible for providing
services that benefit all post development projects within the Town Center
Specific Plan and the proposed residential development called South 35 located
at the northeast corner of Holland Road and Sherman Road. All real properties,
unless exempt, lying within the boundaries of the CFD 2017-1 shall be subject to
special taxes to pay for the cost of services to be provided by the CFD. The rate
of assessment shall be as per the adopted rate and Method of Apportionment
(RMA) for CFD 2017-2.
Prior to Issuance of Certificate of Occupancy
128. Landscape Improvements within Public Right of Way or CFD accepted
easements, shall comply to the following:
(a) Parkway Landscaping Design Standards - The parkway areas behind
the sidewalk within the right-of-way, shall be landscaped and irrigated per
City standards and guidelines.
(b) Maintenance of CFD Accepted Facilities – All landscaping and
appurtenant facilities to be maintained by CFD shall be built to City
standards. The developer shall be responsible for ensuring that
landscaping areas to be maintained by the CFD have its own controller
and meter system, separate from any private controller/meter system.
(c) CFD Landscape Improvement Plans – Landscape improvements for
maintenance by the CFD shall be drawn on a separate landscape
improvement plan set for review and approval by the City. The developer
is responsible for the operation and maintenance of these improvements
until accepted by the City.
WASTE MANAGEMENT
General Conditions
129. AB 341. AB 341 focuses on increased commercial waste recycling as a method
to reduce greenhouse gas (GHG) emissions. The regulation requires businesses
and organizations (such Homeowner’s Associations) that generate four or more
cubic yards of waste per week and multifamily units of 5 or more, to recycle. A
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business shall take at least one of the following actions in order to reuse, recycle,
compost, or otherwise divert commercial solid waste from disposal:
(a) Source separate recyclable and/or compostable material from solid
waste and donate or self-haul the material to recycling facilities.
(b) Subscribe to a recycling service with their waste hauler.
(c) Provide recycling service to their tenants (if commercial or multi-
family complex).
(d) Demonstrate compliance with the requirements of California Code
of Regulations Title 14.
For more information please visit:
www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#ma
ndatory
130. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate
eight (8) cubic yards or more or organic waste per week to arrange for organic
waste recycling services. The threshold amount of organic waste generated
requiring compliance by businesses is reduced in subsequent years. Businesses
subject to AB 1826 shall take at least one of the following actions in order to
divert organic wast4e from disposal:
(a) Source separate organic material from all other recyclables and donate or
self-haul to a permitted organic waste processing facility.
(b) Enter into a contract or work agreement with gardening or landscaping
service provider or refuse hauler to ensure the waste generated from
those services meet the requirements of AB 1826.
(c) Consider xeriscaping and using drought tolerant/low maintenance
vegetation in all landscaped areas of the project.
Prior to Building Permit Issuance:
131. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of
a building permit, the developer shall submit three (3) copies of a Recyclables
Collection and Loading Area plot plan to the City of Menifee Engineering/Public
Works Department for review and approval. The plot plan shall show the location
of and access to the collection area for recyclable materials, along with its
dimensions and construction detail, including elevation/façade, construction
materials and signage. The plot plan shall clearly indicate how the trash and
recycling enclosures shall be accessed by the hauler. The applicant shall provide
documentation to the Community Development Department to verify that
Engineering and Public Works has approved the plan prior to issuance of a
building permit.
132. Waste Recycling Plan. Prior to the issuance of a building permit, a Waste
Recycling Plan (WRP) shall be submitted to the City of Menifee
Engineering/Public Works Department approval. At a minimum, the WRP must
identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by
construction and development, the projected amounts, the measures/methods
that will be taken to recycle, reuse, and/or reduce the amount of materials, the
facilities and/or haulers that will be utilized, and the targeted recycling or
reduction rate. During project construction, the project site shall have, at a
minimum, two (2) bins; one for waste disposal and the other for the recycling of
Construction and Demolition (C&D) materials. Additional bins are encouraged to
be used for further source separation of C&D recyclable materials. Accurate
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record keeping (receipts) for recycling of C&D recyclable materials and solid
waste disposal must be kept. Arrangements can be made through the franchise
hauler. The applicant shall provide documentation to the Community
Development Department to verify that Engineering and Public Works has
approved the plan prior to issuance of a building permit.
Prior to Issuance of Certificate of Occupancy
133. Waste Management Clearance. Prior to issuance of an occupancy permit,
evidence (i.e., receipts or other type of verification) shall be submitted to
demonstrate project compliance with the approved WRP to the Engineering and
Public Works Department in order to clear the project for occupancy permits.
Receipts must clearly identify the amount of waste disposed and Construction
and Demolition (C&D) materials recycled.
FEES, DEPOSITS, AND DEVELOPMENT IMPACT FEES
134. Fees and Deposits: Prior to approval of final maps, grading plans,
improvement plans, issuance of building permits, and/or issuance of certificate
of occupancy for this plot plan, the developer/property owner shall pay all
fees, deposits as applicable. These shall include the regional Transportation
Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation
Fees, Road & Bridge Benefit District (RBBD), Development Impact Fees
(DIF), and any applicable regional fees. Said fees and deposits shall be
collected at the rate in effect at the time of collection as specified in current City
resolutions and ordinances.
135. Road Bridge Benefit District (RBBD). This project is within the Menifee
Valley Zone C Road Bridge and Benefit District (RBBD). The applicant shall pay
the RBBD fees based on the designated land use and areas, prior to issuance
of a building permit. Should the project proponent choose to defer the time of
payment, a written request shall be submitted to the City, deferring said
payment from the time of issuance of a building permit to issuance of a
certificate of occupancy. Fees which are deferred shall be based upon the fee
schedule in effect at the time of issuance of the permit of each parcel.
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Section IV:
Riverside County Fire Department
Conditions of Approval
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General Conditions
99. City Case Statement. With respect to the conditions of approval for the
referenced project, the Fire Dept. recommends the following fire protection
measures be provided in accordance with Riverside County Ordinances and / or
recognized fire protection standards.
100. 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.
101. Hydrant/Spacing. Fire hydrants and fire flow: Provide or show there exist fire
hydrant(s) capable of delivering a fire flow of 1000 GPM at 20 PSI for 1 hrs. as
required by California Fire Code and Riverside County Fire Department
standards within 400 feet of all portions of all structures.
102. Address. The address will be clearly visible from public roadway, located no
more than 5 feet from access to the Parcel.
103. Fire Department Access. Fire Department apparatus access shall be a
minimum of 24 feet unobstructed width and 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.
104. Emergency Access. Fire Department emergency vehicular access road shall be
(all weather surface) capable of sustaining an imposed load of 75,000 lbs. GVW,
based on street standards approved by the Public Works Director and the City of
Menifee Office of the Fire Marshal.
105. Phasing. If construction is phased, each phase shall provide an approved
emergency vehicular access way for fire protection prior to any building
construction. (CFC 501.4)
106. Temporary Access. The approved fire access road shall be in place during the
time of construction. Temporary fire access roads shall be approved by the Office
of the Fire Marshal. (CFC 501.4)
107. Dead Ends. Dead end roads in excess of 150’ shall have approved turn around
provided.
108. Project Water Supply for Fire Protection. Single Family Dwellings.
a. Schedule "A" fire prevention approved standard fire hydrants (6” x 4” x 2
½”) shall be spaced no more than 500 feet apart in any direction so that
no point on the street is more than 250 feet from a hydrant.
b. Minimum fire flow shall be 1000 GPM for 1 hour duration of 20 PSI.
c. Where new water mains are extended along streets where hydrants are
not needed for protection of structures or similar fire problems, serving
one and two-family residential developments, standard fire hydrants shall
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be provided at spacing not to exceed 1000 feet along the tract boundary
for transportation hazards. (CFC 507.3, Appendix B)
109. Address: The address for this site appears to be incorrect, or the proposed fire
department access is incorrect. Fire department access shall be provided to all
structures from the approved address street. Verify that address is correct or
modify plans to reflect correct addressing.
Prior to Final Map
110. Water Plans. Prior to building permit issuance. Applicant/developer shall
furnish two copies of the water system fire hydrant plans to the City of Menifee
Office of the Fire Marshal for review and approval and must:
a. Be signed by a registered civil engineer or a certified fire protection engineer
and shall confirm hydrant type, location, spacing, and minimum fire flow.
b. Contain a Fire Department approval signature block on the Title sheet.
c. Once plans are signed and approved by the local water authority, the
originals shall be presented to the Office of the Fire Marshal for review and
approval.
d. The required water system, including fire hydrants, shall be installed, made
serviceable, and be accepted by the Office of the Fire prior to beginning
construction. They shall be maintained accessible.
111. ECS – Roofing Material. ECS map must be stamped by the Riverside County
Surveyor with the following note: All buildings shall be constructed with class "A"
material as per the California Building Code.
112. 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 Building Permit
113. 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.
114. Sprinkler System Residential. Residential fire sprinklers are required in all one
and two family dwellings per the California Residential code, California Building
Code and the California Fire Code. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuance.
115. Prior to issuance of the building permit for development, independent paved
access to the nearest paved road, maintained by the City shall be designed and
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constructed by the developer within the public right of way in accordance with
City Standards. (CFC 501.4)
Prior to Final Inspection
116. Sprinkler System Residential. Prior to issuance of Certificate of Occupancy or
Building Final, the applicant/developer shall install a fire sprinkler system based
on square footage and type of construction, occupancy or use. Fire sprinkler
plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (CFC Chapter 9).
117. Street Numbers. Prior to issuance of Certificate of Occupancy or Building Final,
all residential dwellings shall display street numbers in a prominent location on
the street side of the residence in such a position that the numbers are easily
visible to approaching emergency vehicles. (CFC 505.1)
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Section V:
Riverside County Environmental
Health Conditions of Approval
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General Conditions
118. 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.
119. Retention Basins. Any proposed retention basins shall be constructed and
maintained in a manner that prevents vector breeding and vector nuisance.
Prior to Final Map
120. 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.
121. Financial Arrangements. Financial arrangements (securities posted) must be
made for the water improvement plans and be approved by City Attorney.
122. 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.
123. Annexation. Annexation proceedings must be finalized with the applicable
purveyor for sanitation service.
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The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
_______________________________________________ ___________________
Signed Date
_______________________________________________ ___________________
Name (please print) Title (please print)
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