PC18-385EXHIBIT “1”
CONDITIONS OF APPROVAL
Planning Application No.: TR 2015-250 (TTM 36937)
Project Description: McLaughlin Village – A Tentative Tract Map proposing a
Schedule ‘A’ subdivision of 14.34 net acres into one (1) airspace condominium map to accommodate 126 dwelling
units.
Assessor's Parcel No.: APNs: 331-090-008.
MSHCP Category: Residential – Density between 8.1-14 du/acre (see
conditions).
DIF Category: Single Family (see conditions)
TUMF Category: Single Family Residential (see conditions)
Quimby Category: Single Family DU (see conditions)
Approval Date: March 2018
Expiration Date: March 2021
Within 48 Hours of the Approval of This Project
1. Filing Notice of Determination (ND/MND). 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 Two Thousand Three Hundred
Thirty Dollars and Seventy-Five Cents ($2,330.75) which includes the Two
Thousand Two Hundred Eighty Dollars and Seventy-Five Cents ($2,280.75) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty
Dollars ($50.00) County administrative fee, to enable the City to file the
Notice of Determination (ND) for the Mitigated or Negative Declaration (MND) required under Public Resources Code Section 21152 and California
Code of Regulations Section 15075. 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
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Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members,
partners, employees, agents, contractors, and subcontractors of each
person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project
and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification
agreement shall be substantially the same as the form agreement currently on file with the City.
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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 Tentative Tract Map No. 2015-250 (TTM 36937) shall be henceforth defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Permittee of this project.
TENTATIVE MAP = Tentative Tract Map No. 36937 (Planning Case No. 2015-250), dated December 27, 2017.
PLOT PLAN No. 2015-251 = Development Plan for Tentative Tract Map No.
36937, dated December 27, 2017
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
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.
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 McLaughlin Village MND.
5. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the City of Menifee City Council original approval date,
unless extended as provided by the Development Agreement, Ordinance No.
460 or Subdivision Map Act. Action on a Minor Change and/or Revised Map request shall not extend the time limits of the originally approved TENTATIVE
MAP.
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6. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
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Section II:
Community Development
Department
Conditions of Approval
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General Conditions
7. Map Act Compliance. This land division shall comply with the State of
California Subdivision Map Act and to all requirements of Ordinance No. 460, Schedule A, unless modified by the conditions listed herein.
8. 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.
9. Residential Development Standards. The development of the property shall
comply with the Riverside Countywide Development Standards and Guidelines
– Residential Development Standards. The following standards of development shall apply in the R-3 Zone (see City of Menifee Code of Ordinances, Section
8.2) for Multi-family Development.
a. The minimum lot area shall be 7200 square feet with a minimum average width of 60 feet and a minimum average depth of 100 feet, unless different
minimums are specifically required in a particular area.
b. The minimum front and rear yards shall be ten feet for buildings that do not exceed 35 feet in height. Any portion of a building which exceeds 35 feet in
height shall be set back from the front and rear lot lines no less than ten feet plus two feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from any existing or future street line as
shown on any specific street plan of the County. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement
shall be the same as required for a front setback. c. The minimum side yard shall be five feet for buildings that do not exceed 35
feet in height. Any portion of a building which exceeds 35 feet in height
shall be set back from each side lot line five feet plus two feet for each foot by which the height exceeds 35 feet; if the side yard adjoins a street, the
side setback requirement shall be the same as required for a front setback.
No structural encroachments shall be permitted in the front, side, or rear yard except as provided in Section 18.19 of the City of Menifee Code of
Ordinances. d. No lot shall have more than 50 percent of its net area covered with buildings or structures.
e. The maximum ratio of floor area to lot area shall not be greater than two to one, not including basement floor area. f. All buildings and structures shall not exceed 50 feet in height, unless a
height up to 75 feet is specifically permitted under the provisions of Section 18.34 of the City of Menifee Code of Ordinances. h. Automobile storage space shall be provided as required by Section 18.12
of this ordinance. Except as allowed by Ordinance No. 348, there shall be no encroachment into
the setback.
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10. Parking. Parking was required based on the following criteria from:
Land Use Parking Standard Parking Required Parking Provided
Multi-Family
2.75 spaces
per 3 (or more)
bedroom units
2.75 x 126 =
347
252 garage spaces
40 gang spaces
112 street spaces 12 driveway spaces
416 total spaces
11. ADA Parking Spaces: ADA parking spaces shall be provided consistent with
Building Code requirements.
12. Recreation and Open Space Standards. Recreation and Open Space shall
be provided consistent with the APPROVED EXHIBITS. 13. Minor Plot Plans Required. For each of the below listed items, a minor plot
plan application shall be submitted and approved by the Community Development Department pursuant to Section 18.30.a. (1) of County Ordinance
No. 348 (Plot Plans not subject to the California Environmental Quality Act)
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 plans may be applied for
separately for the whole tract or for phases.
3) Landscaping plans fully within the road right-of-way shall be submitted to
the Engineering Department only. 4) 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.
14. Construction Hours. Any construction within the city located within one-fourth
mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or nationally recognized holidays unless
approval is obtained from the City Building Official or City Engineer.
15. Phased Construction. If construction is phased, a phasing plan for
construction and landscaping installation shall be approved by the Community Development Director.
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16. Reclaimed Water. The permittee shall install purple pipes and connect to a
reclaimed water supply for landscape watering purposes when secondary or
reclaimed water is made available to the site as required by Eastern Municipal Water District.
17. 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. 18. ALUC Condition. Pursuant to the Airport Land Use Commission the following
conditions shall apply:
a. Any new outdoor lighting that is installed shall be hooded or shielded so
as to prevent either the spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing.
b. The following uses shall be prohibited:
1) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations
toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved
navigational signal light or visual approach slope indicator. 2) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or
towards an aircraft engaged in a straight final approach towards a landing at an airport. 3) Any use which would generate smoke or water vapor or which
would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include
landscaping utilizing water features, aquaculture, production of
cereal grains, sunflower, and row drops, composting operations, trash transfer stations that are open on one or more sides, recycling
centers containing putrescible wastes, construction and demolition
debris centers, fly ash disposal, and incinerators.) 4) Any use which would generate electrical interference that may be
detrimental to the operation of aircraft and/or aircraft instrumentation. c. The attached notice shall be provided to all potential purchasers of the
proposed lots and to tenants of the homes. d. Any new aboveground detention or water quality basins on the site shall be designed so as to provide for a maximum 48-hour detention period
following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in an around the detention/water quality basin(s) that would
provide food or cover for bird species that would be incompatible with airport operations shall not be utilized in project landscaping.
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19. Health Risk Potential Disclosures and Filter Requirements and Maintenance
Residential units within 100 feet of the mainline of the I‐215 Freeway shall be
required to install high efficiency Minimum Efficiency Reporting Value (MERV) filters of MERV 13 or better as indicated by the American Society of Heating Refrigerating and Air Conditioning Engineers ASHRAE) Standard 52.2, in the
intake of ventilation systems. Heating, air conditioning and ventilation (HVAC) systems shall be installed with a fan unit power designed to force air through
the MERV 13 filter.
To ensure long‐term maintenance and replacement of the MERV 13 filters, the following shall occur:
i) The developer, sales, and/or rental representative shall provide notification to all affected tenants/residents of the potential health risk from the I‐215 Freeway for all affected units. ii) For rental units within 100 feet of the I‐215 Freeway, the
owner/property manager shall maintain and replace MERV 13
filters in accordance with the manufacture’s recommendations. The property owner shall inform renters of increased risk of
exposure to diesel particulates from the I‐215 Freeway when
windows are open.
iii) For residential owned units within 100 feet of I‐215 Freeway, the Homeowner’s Association (HOA) shall incorporate requirements
for long‐term maintenance in the Covenant Conditions and
Restrictions and inform homeowners of their responsibility to
maintain the MERV 13 filter in accordance with the manufacturer’s recommendations. The HOA shall inform homeowners of
increased risk of exposure to diesel particulates from the I‐215
Freeway when windows are open and whilst outside.
FEES
20. 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
21. 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).
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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 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.”
21. Developer to Relinquish Ownership of Cultural Resources. The Developer
shall relinquish ownership of all cultural resources, including the 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.
23. 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
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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.
24. 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).
LANDSCAPING
25. 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.
26. 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).
27. 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 Phasing
28. Preliminary Phase Grading. Prior to the approval of an application for a
division into units or phasing plan for the TENTATIVE MAP, a conceptual grading plan covering the entire TENTATIVE MAP shall be submitted to the
City of Menifee Community Development Department for review and approval. The preliminary grading plan shall comply with the following:
1) Techniques which will be used to prevent erosion and sedimentation
during and after grading process shall be depicted and documented. 2) Approximate time frames for grading and areas which may be graded
during the higher probability rain months of January through March shall be identified. 3) Preliminary pad and roadway elevations shall be depicted.
4) Areas where temporary grading occurs on any phase other than the one being graded for development at a particular time shall be identified.
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The approved preliminary grading plan shall be provided to the Building and Safety – Plan Check Division and shall be used as a guideline for subsequent
detailed grading plans for individual units or phases of the TENTATIVE MAP. 29. Lot Access/Unit Plans. Any division into units or phasing of the TENTATIVE
MAP shall provide for adequate vehicular access to all lots in each unit or phase, and shall substantially conform to the intent and purpose of the land division approval. No approval for any number of units or phases is given by
this TENTATIVE MAP and its conditions of approval, except as provided by Section 8.3 (Division into Units) of Ordinance No. 460.
Prior to Final Map
30. Final Map Required. After the approval of the TENTATIVE MAP and prior to
the expiration of said map, the land divider shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a
FINAL MAP thereof prepared in accordance with the current Engineering
Department - Survey Division requirements, the conditionally approved TENTATIVE MAP, and in accordance with Article IX of Ordinance No. 460.
31. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer.
32. Surveyor Checklist. The City Engineering Department - Survey Division shall
review any FINAL MAP and ensure compliance with the following:
i. All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration.
ii. All lots on the FINAL MAP shall comply with the length to width ratios, as established by Section 3.8.C. of Riverside County Ordinance No. 460.
iii. All existing and proposed easements shall be identified on the FINAL MAP.
33. ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which
shall be submitted as part of the plan check review of the FINAL MAP. A note
shall be placed on the FINAL MAP “Environmental Constraint Sheet affecting this map is on file at the City of Menifee Public Works and Engineering
Department, in E.C.S Book ___, Page ___. 34. ECS Note on Dark Sky Lighting. The following Environmental Constraints
Note shall be placed on the ECS:
"This property is subject to lighting restrictions as required by Menifee
Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with
Menifee Municipal Code Chapter 6.”
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35. Maintenance Exhibit. Prior to map recordation, the developer shall prepare an exhibit that shows all open space lots within the tract and the maintenance
entity for each lot. The exhibit shall be reviewed and approved by the
Community Development Department and Public Works and Engineering Department. A copy of the exhibit shall be included in the CC&Rs.
36. Common Area Maintenance. Any common areas identified in the
TENTATIVE MAP shall be owned and maintained as follows:
a. A permanent master maintenance organization shall be established for the tentative tract map area, to assume ownership and maintenance
responsibility for all common recreation, open space, circulation systems and landscaped areas. The organization may be public (CFD) or private
(e.g., homeowners’ association). Merger with an area-wide or regional
organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for
ownership and maintenance. If the organization is a private association,
then neighborhood associations shall be established for each residential development, where required, and such associations may assume
ownership and maintenance responsibility for neighborhood common areas.
b. The CFD is anticipated to maintain all parkways within the public right-of-way, a water quality basin on the north side of the development (along McLaughlin Road). All other open space, landscaping, sidewalks, internal
drive, recreational amenities, etc., is to be maintained by the Home Owners’ Association (HOA).
c. Unless otherwise provided for in these conditions of approval, common open areas shall be conveyed to the maintenance organization as
implementing development is approved or any subdivision, as recorded.
d. The maintenance organization shall be established prior to or concurrent
with the recordation of the first land division. 37. Conditions, Covenants and Restrictions (Public Common Areas). If the
permanent master maintenance organization referenced in the condition entitled "Common Area Maintenance" is a public organization, the applicant shall convey to the public organization (anticipated to be CFD) , a public
maintenance easement to common open space areas, The common areas anticipated to be maintained by a public organization include, but are not limited to a water quality basin on the north side of the development and
parkway landscaping.
As a condition precedent to the public organization accepting a public
maintenance easement to such areas, the applicant shall submit the following documents to the City of Menifee Community Development Department for
review along with the current fee, which shall be subject to the approval of that
department and the City Attorney:
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1. A signed and notarized declaration of covenants, conditions and restrictions; and,
2. A sample document, conveying title to the purchaser, of an individual lot or unit which provides that the declaration of covenants, conditions and
restrictions is incorporated therein by reference; and, 3. A deposit equaling three (3) hours of the current hourly fee for Review of
Covenants, Conditions and Restrictions established pursuant to the City’s fee schedule at the time the above referenced documents are submitted to the Community Development Department for review by the City
Attorney.
The declaration of covenants, conditions and restrictions submitted for review
shall a) provide for a minimum term of sixty (60) years, b) provide for the establishment of a property owners' association comprised of the owners of
each individual lot or unit as tenants in common, and c) contain the following
provisions verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply:
The property owners' association established herein shall, if dormant, be activated, by incorporation or otherwise, at the request of the City, and the property owners' association shall unconditionally accept from the City
of Menifee, upon the City’s demand, title to all or any part of the 'common area', more particularly described on Exhibit 'A' attached hereto. The decision to require activation of the property owners' association and the
decision to require that the association unconditionally accept title to the 'common area' shall be at the sole discretion of the City
In the event that the 'common area', or any part thereof, is conveyed to the property owners' association, the association, thereafter, shall own
such 'common area', shall manage and continuously maintain such
'common area', and shall not sell or transfer such 'common area' or any part thereof, absent the prior written consent of the Community
Development Director of the City or the City's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such
'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded
subsequent to the notice of assessment or other document creating the assessment lien.
This declaration shall not be terminated, 'substantially' amended, or property de-annexed therefrom absent the prior written consent of the
Community Development Director of the City of Menifee or the City's
successor-in-interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common
area' established pursuant to this Declaration.
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In the event of any conflict between this Declaration and the Articles of
Incorporation, the Bylaws, or the property owners' association Rules and
Regulations, if any, this Declaration shall control."
Once approved by the City Attorney, the declaration of covenants, conditions and restrictions shall be recorded by the Community Development Department with one copy retained for the case file, and
one copy provided to the City Engineering Department - Survey Division.
38. Conditions, Covenants and Restrictions (Private Common Areas). The
common areas anticipated to be owned and maintained by a private organization include, but are not limited to a water quality basin on the north
side of the development parkway landscaping and. The land divider shall
submit to the City Attorney (via the Community Development Department) for review and approval the following documents:
(a) A cover letter identifying the project for which approval is sought referencing the Planning Division case number(s) and identifying one
individual to represent the land divider if there are any questions concerning the review of the submitted documents;
(b) One copy and one original, wet signed, notarized and ready for recordation declaration of covenants, conditions, and restrictions (CC&Rs). Attached to these documents there shall be included a legal
description of the property included within the CC&Rs and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor.
(c) The declaration of CC&Rs submitted for review shall cover all map
phases, as follows:
(i) Provide for a minimum term of sixty (60) years;
(ii) Provide for the establishment of a property owner's association comprised of the owners of each individual lot or unit; and
(iii) Provide for the ownership of the common area by either the property owner's association or a permanent public master
maintenance organization. (d) The declaration of CC&Rs shall contain the following provisions verbatim:
(i) ”Notwithstanding any provision in this Declaration to the contrary, the following provisions shall apply:
- The property owners' association established herein shall
manage the 'common areas', more particularly described on
the subdivision map, attached hereto, and shall not sell or transfer the 'common areas' or any part thereof, absent the
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prior written consent of the Community Development Department of the City of Menifee.
- The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost
of managing such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a management assessment. The property owners'
association established herein shall regulate individual private lot development standards.
- An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or
other document creating the assessment lien.
- This Declaration shall not be terminated, 'substantially'
amended, or property de-annexed there from absent the prior
written consent of the Community Development Director of the City of Menifee.”
(ii) A proposed amendment shall be considered 'substantial' if it affects the extent, usage, or maintenance of the 'common area'
established pursuant to the Declaration.” (iii) “In the event of any conflict between this Declaration and the
Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control."
(iv) "The management and maintenance of the project site in
accordance with the Storm Water Pollution Prevention Plans
(SWPPPs), Monitoring Programs, and Post Construction Management Plans to include the following best management
practices (BMPs) to reduce storm water pollution: Initial residents,
occupants, or tenants of this site shall receive educational materials on good housekeeping practices which contribute to the
protection of storm water quality. These educational materials shall be provided by the Riverside County Flood Control and Water Conservation District and shall be distributed by the
properties owners' association. These materials shall address good housekeeping practices associated with residential developments, such as:
- Where improper disposal of trash has occurred, the property owners' association shall take corrective action within forty-
eight hours of discovery (BMP N5).
- The street(s) and parking lot(s), more particularly described on
the subdivision map, shall be swept by the property owners' association at least once a year and shall be swept no later
than October 15th of each year (BMP N6).
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(e) The CC&Rs shall include an exhibit(s) identifying the areas or
improvements that will be maintained by the HOA and the exhibit(s) shall
be consistent with Approved Exhibit L.
(f) The City shall be named as a third party beneficiary in the CC&Rs. (g) The CC&Rs shall include the following:
a. Requirement for residential units within 100 feet of the mainline of the I‐215 Freeway shall be required to install high efficiency Minimum
Efficiency Reporting Value (MERV) filters of MERV 13 or better as
indicated by the American Society of Heating Refrigerating and Air Conditioning Engineers ASHRAE) Standard 52.2, in the intake of
ventilation systems. Heating, air conditioning and ventilation (HVAC)
systems shall be installed with a fan unit power designed to force air through the MERV 13 filter.
b. Notification to all affected tenants/residents of the potential health risk
from the I‐215 Freeway for all affected units.
c. Requirement for rental units within 100 feet of the I‐215 Freeway, the owner/property manager shall maintain and replace MERV 13 filters in
accordance with the manufacture’s recommendations. The property
owner shall inform renters of increased risk of exposure to diesel
particulates from the I‐215 Freeway when windows are open. d. Notification to inform homeowners within 100 feet of I-215 of their
responsibility to maintain the MERV 13 filter in accordance with the manufacturer’s recommendations. e. Inform homeowners within 100 feet of I-215 of increased risk of
exposure to diesel particulates from the I‐215 Freeway when windows
are open and whilst outside. f. Requirement for residents to utilize their garages for the parking of
motor vehicles and not for personal storage. g. Requirement for the HOA to actively monitor and enforce compliance with garage utilization restrictions.
(h) Once approved, the copy and the original declaration of CC&Rs shall be forwarded by the City Attorney and the Community Development
Department. The Community Development Department will retain the one copy for the case file, and forward the wet signed and notarized original declaration of covenants, conditions and restrictions to the City Engineer
for safe keeping until the final map is ready for recordation. The City Engineer shall record the original declaration of CC&Rs in conjunction
with the recordation of the final map.
(i) A sample document conveying title to the purchaser of an individual lot or
unit which provides that the declaration of CC&Rs is incorporated therein
by reference; and
(j) A deposit equaling three hours of the current hourly fee for the review of the CC&Rs established pursuant to the City’s fee schedule at the time the
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above referenced documents are submitted to the City Attorney for review and approval.
FEES
39. Fees. Prior to recordation, the Community Development Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the developer/owner and/or the
developer/owner's successor-in-interest. Prior to Issuance of Grading Permits
40. Grading Plan Review. The Community Development Department shall review
the rough grading plans for consistency with the approved tentative map and
Plot Plan No. 2015-251, which has been processed concurrently with the map for the development of the site, and the conditions of approval for the tentative
map and Plot Plan No. 2015-251. The precise grading plan shall not be cleared by the Community Development
Department until the final landscaping and irrigation plan has been reviewed
and is ready to approve. The precise grading plan must be consistent with the approved landscaping and irrigation plan and any hardscaping plan. Stamped
paving/asphalt and/or pavers are required at the entrance to the development on McLaughlin Road.
41. 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. 42. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the
permittee shall comply with the provisions of Ordinance No. 663, which
generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon
a variety of factors, including the type of development application submitted
and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development
project which is anticipated to be 14.76 acres (gross) in accordance with APPROVED EXHIBIT A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development
project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment
of the appropriate fee set forth in that ordinance shall be required.
43. 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.
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44. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management
District (SCAQMD) Rule 403. The permittee shall include in construction
contracts the control measures required under Rule 403 at the time of development, including the following:
a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot
radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a ten (10) percent surface soil moisture content throughout all earth moving
activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary
dust covers shall be used to reduce dust emissions and meet SCAQMD
District Rule 403. Wetting could reduce fugitive dust by as much as fifty percent (50%).
b. Water active grading/excavation sites and unpaved surfaces at least three (3) times daily;
c. All paved roads, parking and staging areas must be watered at least once every two (2) hours of active operations;
d. Site access points must be swept/washed within thirty (30) minutes of visible dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds exceed twenty-five (25) mph;
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;
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n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to fifteen (15) miles per
hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks
of all trucks and equipment leaving the site;
r. All materials transported off-site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction
project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within twenty-four (24) hours of their receipt.
45. Construction Noise. The project developer shall implement noise mitigation
measures during construction, including the following:
i. Limit construction activities to the hours of either (1) between the hours of
6:00 PM and 6:00 AM during the months of June through September; or (2)
between the hours of 6:00 PM and 7:00 AM during the months of October through May.
ii. Limit haul truck deliveries to the same hours specified for construction (above).
iii. To the extent feasible, haul routes shall not be permitted to pass through sensitive land uses or through residential developments.
iv. During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with
properly operating and maintained mufflers, consistent with manufacturer standards. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors
nearest the project site.
v. The contractor shall locate equipment staging in areas that will create the
greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction.
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vi. During construction, the contractor shall require that all contractors turn off all construction equipment and delivery vehicles when not in use and
prohibit idling in excess of 3 minutes.
vii. For the duration of construction activities, the construction manager shall
serve as the contact person should noise levels become disruptive to local residents. A sign shall be posted at the project site with the contact phone number.
viii. Limit the use of heavy equipment or vibratory rollers and soil compressors along the project’s western, southern, and eastern boundary to the greatest
degree possible. It is acknowledged that some soil compression may be necessary along the project boundaries.
46. Burrowing Owl Preconstruction Survey. A 30-day preconstruction survey for burrowing owl is required by the Western Riverside County Multiple Species
Habitat Conservation Plan (MSHCP) to determine if burrowing owl is present
within the survey area. The survey shall be conducted by a qualified biologist no more than 30 days prior to ground disturbance in accordance with MSHCP
survey requirements to avoid direct take of burrowing owl. If burrowing owl are
determined to occupy the project site or immediate vicinity, the City of Menifee Planning Division will be notified and avoidance measures will be implemented,
as appropriate, pursuant to the MSHCP, the California Fish and Game Code, the Migratory Bird Treaty Act, and the mitigation guidelines prepared by the CDFW (2012).
The following measures are recommended in the CDFW guidelines to avoid impacts on an active burrow:
i. No disturbance should occur within 50 meters (approximately 160 feet) of occupied burrows during the non-breeding season.
ii. No disturbance should occur within 75 meters (approximately 250 feet) of occupied burrows during the breeding season.
For unavoidable impacts, passive or active relocation of burrowing owls would need to be implemented by a qualified biologist outside the breeding season, in accordance with procedures set by the MSHCP and in coordination with the
CDFW.
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.
47. Nesting Bird Survey. If grading is to occur during the nesting season (February 1 – August 31), a nesting bird survey shall be conducted within three (3) days prior to grading permit issuance. This survey shall be conducted by a
qualified biologist holding an MOU with Riverside County. The findings shall be submitted to EPD for review and approval.
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ARCHEOLOGY
48. 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 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.
49. 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.
50. 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
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exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs.
51. 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 exceeds Federal Curation Standards outlined in 36 CFR 79. The
Applicant/Permittee shall be responsible for all curation costs. 52. Non-Disclosure of Location Reburials. It is understood by all parties that
unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records
Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the
specific exemption set forth in California Government Code 6254 (r).
PALEONTOLOGY
53. Paleontologist Required. This site is mapped as having a high potential for
paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO
ISSUANCE OF GRADING PERMITS:
The permittee shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project-specific plan for monitoring site grading/earthmoving activities (project paleontologist).
The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate
monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted
to the Community Development Department for review and approval prior to issuance of a Grading Permit.
Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are
as follows:
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A. The project paleontologist shall participate in a pre-construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction, as applicable.
B. Paleontological monitoring of earthmoving activities will be conducted on an as-needed basis by the project paleontologist during all earthmoving activities
that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will
have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level.
C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been
evaluated and recovered. Earthmoving will be allowed to proceed through the
site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary.
D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil
site and the project paleontologist called to the site immediately to recover the remains.
E. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if
appropriate.
F. Any recovered fossil remains will be prepared to the point of identification
and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with
museum* repository fossil specimen numbers and corresponding fossil site
numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data
and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum
repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made
available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive
the fossil material prior to being curated.
G. A qualified paleontologist shall prepare a report of findings made during all
site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the
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Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions.
All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (e.g. Professional Geologist,
Professional Engineer, etc.), as appropriate. Two wet-signed original copies of the report shall be submitted directly to the Community Development Department along with a copy of this condition, deposit-based fee and the
grading plan for appropriate case processing and tracking.
Prior to Issuance of Building Permit
54. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a Building Permit. The Community
Development Director may require inspection or other monitoring to ensure
such compliance.
55. 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 Plot Plan No. 2015-251, 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 exterior lighting shall comply with Menifee Municipal Code Chapter 6.01, “Dark Sky Ordinance”.
5. All exterior lighting shall fall within current commercial standards. 6. Separate plan submittal will be required to Riverside County Fire along with a formal transmittal issued by Building and Safety.
7. Building plans shall be consistent with the approved Noise Study recommendations.
8. Residential units within 100 feet of the mainline of the I‐215 Freeway shall
be required to install high efficiency Minimum Efficiency Reporting Value
(MERV) filters of MERV 13 or better as indicated by the American Society of Heating Refrigerating and Air Conditioning Engineers ASHRAE)
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Standard 52.2, in the intake of ventilation systems. Heating, air conditioning and ventilation (HVAC) systems shall be installed with a fan
unit power designed to force air through the MERV 13 filter.
56. 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 of Plot Plan No. 2015-251.
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.
57. Exterior Noise Mitigation.
In order to ensure that exterior noise levels in outdoor use areas do not exceed 65 dB CNEL, the project proponent shall construct a solid concrete barrier with
no holes or openings along the entire eastern boundary of the proposed project site. The height of the barrier shall be 10 feet higher in elevation than the adjacent elevation of the I‐215 Freeway.
The plot plan shall show a ten (10) foot-high noise barrier adjacent to Interstate 215.
All barriers shall be constructed so the top of the wall extends 10.0 feet above the pad elevation. If the road at this point is elevated above the pad, the barrier
shall extend 10.0 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, Sheet 4)
58. Interior Noise Mitigation. Prior to issuance of building permits for any second story units, the project
proponent shall demonstrate to the city building department that the proposed wall and window assemblies will achieve an exterior to interior noise reduction
of 33.6 dB, in order to ensure that interior noise levels do not exceed the State
Building Code requirement of 45 dBA CNEL.
Structures shall include the following architectural noise reducing features:
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Windows:
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 required that upgraded second floor windows with a minimum STC rating of 30 be provided for lots adjacent to Interstate 215.
Doors: 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.
59. Roof Mounted Equipment. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other
energy-saving devices shall be permitted with Community Development
Department approval.
60. Utilities Underground. All utility extensions within a lot shall be placed
underground.
61. Building Separation. Building separation between all buildings shall not be less than ten (10) feet. Additional encroachments are only allowed as permitted by County Ordinance No. 348.
62. Parking. Parking spaces are required in accordance with Riverside County
Ordinance, Article XVIII – General Provisions, Section 18.12 – Off-Street
Vehicle Parking, and Residential Units. All parking areas and main driveways shall be surfaced to current standards as approved by the City of Menifee Engineering Department.
63. 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
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and on the buildings. Lighting fixtures shall be decorative and consistent with 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. Architecturally appropriate themed lighting fixtures shall be located along the project roads, project entrances, open space
lots, and other focal points on the project site and shall be subject to Community Development Department review and 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.
64. Screening of Accessory Structures. Screening of mechanical equipment
within trellised enclosures or encasing mechanical equipment within small 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.
65. HVAC. The developer shall utilize HVAC units with the lowest sound power level.
MINOR PLANS REQUIRED 66. 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 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 front yard landscaping). Emphasis shall be placed on using plant species that are drought tolerant and low water using.
The plans shall provide for the following:
1) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems are encouraged.
2) All utility service areas and enclosures shall be screened from view with
landscaping and decorative barriers or baffle treatments, as approved by
the Community Development Department. Utilities shall be placed underground.
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3) Any required landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity.
4) Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the
site. Landscape elements shall include earth berming, ground cover, shrubs, and specimen trees in conjunction with meandering sidewalks, benches, and other pedestrian amenities where appropriate as approved
by the Community Development Department. 5) Landscaping plans shall incorporate the use of specimen accent trees at
key visual focal points within the project.
6) Landscaping plans shall incorporate native and drought tolerant plants
where appropriate.
7) Turf shall be eliminated in areas unless provided for active uses.
8) All basins for drainage and/or water quality shall be screened from view
with landscaping. 9) All 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. Stamped asphalt/paving or pavers (at minimum) must be provided
at entrances. ii. Update the Landscape Plan to show a six foot tubular steel, black
fence with gates (that can be locked) located on the west and east
ends of the 20-0” buffer located along the south project boundary. The purpose of the gate would be to restrict access into the buffer
area for maintenance purposes only.
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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.
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.
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.
67. Entry Monument Plans. The land divider/permit holder shall file three (3) sets
of an Entry Monument plot plan to the Community Development Department for
review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section
18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act),
along with the current fee. The plan shall be in compliance with Section 18.12, and the TENTATIVE MAP conditions of approval.
The plot plan shall contain the following elements:
1) A color rendering of a frontal view of all/the entry monument(s) with landscaping.
2) A plot plan of the entry monuments with landscaping drawn to an engineer's scale. If lighting is planned, the location of lights, their intended direction, and proposed power shall be indicated.
3) An irrigation plan for the entry monument(s) and/or gate(s).
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.
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LANDSCAPING
68. 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).
69. Performance Securities. Performance securities, in amounts to be
determined by the Community Development Director to guarantee the
installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Community Development
Department. Securities may require review by the City Attorney and other staff.
Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after
structural final, inspection report, and the Six Month and One-Year Post
Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required
when the estimated cost is $2,500.00 or less. Security deposits are only required for common area landscaped areas.
70. 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
71. 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.
72. Romoland School District. Impacts to the Romoland School District shall be
mitigated in accordance with California State law.
73. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
74. Quimby Fees. Payment of in-lieu fees. The proposed subdivision will fulfill
Quimby obligations through the payment of in-lieu fees. Prior to the issuance
of a building permit, the City Manager or his/her designee shall determine the amount of Quimby Fees to be paid by the subdivider, if any. Quimby fees shall
be paid directly to the City prior to the issuance of the first certificate of
occupancy of any dwelling unit in the subdivision.
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Prior to Final Inspection
75. 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.
76. Phase III and Phase IV Cultural Resources Reports. 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 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).
77. Anti-Graffiti Coating. An anti-graffiti coating shall be provided on all block
walls, and written verification from the developer shall be provided to the
Community Development Department. 78. Fencing and Wall Compliance. Fencing shall be provided throughout the
subdivision in accordance with the approved Exhibit A - Plot Plan No. 2015-251 and/or approved Exhibit L, Sheet 4 (wall and fencing plan), with the addition of
gates as noted in the Landscaping Plan condition above.
79. Entry Monuments. Prior to the first occupancy within the tract, entry
monuments shall be installed in accordance with the approved entry monument
plans.
80. Hardscaping. All hardscaping, including enhanced paving at the project entrance shall have been installed in accordance with the approved exhibits.
81. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations approved as part of the final site of development plan.
82. Condition Compliance. The Community Development Department shall verify
that the Development Standards and all other preceding conditions have been
complied with prior to any use allowed by this permit.
83. Roll Up Garage Doors. All residences shall have automatic roll-up garage
doors.
84. Final Planning Inspection. The permittee shall obtain final occupancy sign-off
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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. LANDSCAPING
85. 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?”
86. Landscape/Irrigation Install Inspection
The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre-Landscape installation inspection
and a Landscape Completion Installation Inspection with the Community Development Department. The pre-landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The
landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. Six Month and One Year Post-Establishment Inspection
will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections.
87. 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. 88. Final Landscape Approval
The final landscape approval following installation shall be subject to the review and approval of the City’s Landscape Architectural Consultant and the Community Development Director. The Community Development Director may
require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES
89. 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
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fee set forth in the Ordinance. Ordinance No. 810 has been established to set forth policies, regulations and fees related to the funding and acquisition of
open space and habitat necessary to address the direct and cumulative
environmental effects generated by new development projects described and defined in this Ordinance.
The fee shall be paid for each residential unit to be constructed within this land division.
In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded
by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required.
90. DIF Fees. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the permittee shall comply with the provisions
of Riverside County Ordinance No. 659 (hereinafter Ordinance No. 659), as
adopted (and as amended by the City) prior to July 1, 2018 or City of Menifee Ordinance No. 17-232 on or after July 1, 2018. These Ordinances require the
payment of the appropriate fee set forth in the Ordinances. They have 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 the Ordinances, and it establishes the authorized uses of the fees collected.
In the event Ordinance No. 17-232 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 17-232 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
91. Quimby Fees. Quimby fees shall be paid directly to the City prior to the
issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The amount of Quimby fees paid shall be consistent with the
amount determined by the City Manager, or their designee, prior to issuance of
a building permit.
92. 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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A. GENERAL ENGINEERING CONDITIONS
1. Subdivision Map Act - The developer/property owner shall comply with the
State of California Subdivision Map Act.
2. Guarantee for Required Improvements - Prior to final map recordation, financial security shall be provided to guarantee the construction of all required improvements. The Public Works Director may require the dedication and
construction of necessary utilities, streets or other improvements outside the area of any particular map phase if the improvements are needed for circulation, parking and access or for the welfare and safety of future occupants of the
development.
3. Bond Agreements and Improvement Security - To guarantee the construction
of all required improvements, the developer/property owner shall enter into security agreements and post bonds in accordance with applicable City policies
and ordinances. The improvements shall include, but not limited to: onsite/offsite
grading, street improvements, street lights, traffic signals, signing and striping, water/sewer/recycled water improvements, water quality BMPs, and storm
drainage facilities. 4. Existing and Proposed Easements - The final grading plan shall correctly show
all existing easements, traveled ways, and drainage courses. Any omission or misrepresentation of these documents may require said plan to be resubmitted for further consideration.
5. Engineered Plans - All improvement plans and grading plans shall be drawn on
twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil
engineer or other registered/licensed professional as required.
6. Plan Check Submittals - Appropriate plan check submittal forms shall be
completed and required plan copies, necessary studies/reports, references, fees, deposits, etc. shall be submitted as outlined in the City approved submittal forms.
All submittals shall be date stamped by the engineer. All final approved grading
and improvement plans shall be provided in both pdf and shapefile format files on Compact Disc (CD). ACAD files 2004 or later are required for all final maps upon
approval. 7. Plan Approvals - All required improvement plans and grading plans must be
approved by the Public Works Engineering Department prior to recordation of a final map for which the improvements are required, or prior to issuance of any construction and/or grading permit, whichever comes first and as determined by
the PW Director. Supporting City approved studies including, but not limited to, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans.
8. As-Built Plans - Upon completion of all required improvements, the
developer/ property owner shall cause the civil engineer of record to as-built all
project plans, and submit project base line of work for all layers in both PDF and Auto CAD DXF format on Compact Disc (CD) to the Public Works Engineering
Department. If the required files are unavailable, the developer/property owner
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shall pay a scanning fee to cover the cost of scanning the as-built plans. The timing for submitting the as-built plans shall be as determined by the Public
Works Director.
9. 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 Saturday, except on nationally recognized holidays in accordance
with Municipal Code Section 8.01.010. Construction on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from
the City Building Official or City Engineer.
(b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day.
(c) The construction site shall accommodate the parking of all motor vehicles
used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall
subject the owner, applicant to remedies as set forth in the City Municipal
Code. In addition, the Public Works Director or the Building Official may suspend all construction related activities for violation of any condition,
restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions.
(d) A Pre-Construction meeting is mandatory with the City’s Public Works Senior Inspector prior to start of any construction activities for this site.
10. Dry Utility Installations - Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance
with City adopted Riverside County Ordinance 460 and 461, or as approved by
the Public Works Director/City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the
project boundaries which includes between the nearest poles offsite in each
direction of the project site. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. A
written proof for initiating the design and/or application of the relocation issued by
the utility company shall be submitted to the Public Works Department for verification purposes. Prior to issuance of a Certificate of Occupancy, the
developer/property owner shall submit to the PW Engineering Department, written proof from the pertinent utility company that the required utility work has been completed.
11. Bond Agreements and Improvement Security – The developer/property owner
shall post bonds or security in forms acceptable to the City, guaranteeing the
construction of all required grading and improvements in accordance with applicable City policies and ordinances, and as determined by the Public Works
Director/City Engineer. The grading and improvements shall include, but not
limited to: onsite/offsite grading, street improvements, street lights, traffic signals, signing and striping, water quality BMPs, and storm drainage facilities.
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12. Romoland MDP Line A-9 Flood Control Facility Bond – Prior to approval of
storm drain plans that require Riverside County Flood Control signatures, the
developer will need to submit proof of security t o Riverside County Flood Control and Water Conservation District (District) in the amount of 120% of
the flood control facilities.
B. GRADING AND DRAINAGE
13. Grading Code - All grading shall conform to the latest adopted edition of the California Building Code, City Municipal Code, Chapter 8.04, City ordinance on
grading, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City.
14. 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.
Slopes adjacent to public street right-of-way shall be provided with a landing area
of H/2 at the toe, where H is the height of slope.
15. 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. Drip
irrigation shall be used for all irrigated slopes.
16. Slope Erosion Control Plan - Erosion control and/or landscape plans are
required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered landscape architect, and bonded
per applicable City ordinances. 17. 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.
18. Water Quality Management Plan - All grading plans shall require an approved
copy of the Water Quality Management Plan sheet per the approved WQMP
report. The developer/property owner shall comply with the requirements of the WQMP report, and City standards and specifications.
19. 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.
20. Design Grade Criteria:
a. On-Site Parking – Parking stalls and driveways shall not have grade breaks exceeding 4%. A 50’ minimum vertical curve shall be provided where grade
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breaks exceed 4%. Five percent grade is the maximum slope for any parking area. Where ADA requirement applies, ADA requirement shall prevail.
b. Down Drains - Concrete down drains that outlet onto parking lot areas are not
allowed. Drainage that has been collected in concrete ditches or swales should be collected into receiving underground drainage system, or should
outlet with acceptable velocity reducers into BMP devises.
c. Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have
a maximum surface gradient of 2% or approved by the PW Director/City Engineer.
Non-compliance with any of the above criteria may require a redesign of the project. Significant redesigns may require a revised Plot Plan.
21. 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.
22. Finish Grade - Shall be sloped to provide proper drainage away from all exterior
foundation walls. The slope shall be not less than 2% for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be
less than 1 1/2 inches deeper than the adjacent finish grade at the foundation 23. 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.
24. Coordinate Drainage Design - Development of this property shall be coordinated with the development of adjacent properties to ensure that
watercourses remain unobstructed and stormwaters are not diverted from one
watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading
25. PERPETUATE DRAINAGE PATTERNS - The property's street and lot grading shall be designed in a manner that perpetuates the existing natural
drainage patterns with respect to tributary drainage areas, outlet points and
outlet conditions. Otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm
flows. A copy of the recorded drainage easement shall be submitted to the
City for review and approval.
26. 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
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susceptible to erosion by running water. All cut and fill slopes shall have a maximum 2:1 (H:V) grade, 2 horizontal to 1 vertical.
27. Licensed Geotech - A licensed geotechnical engineer shall perform final
determination of the foundation characteristics of soils within on-site development
areas 28. 10 Year Curb – 100 Year ROW - The 10 year storm flow shall be contained
within the curb and the 100 year storm flow shall be contained within the street right-of-way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent
street or an adequate outlet.
29. 100 Year Drainage Facilities - All drainage facilities shall be designed to
accommodate 100 year storm flows as approved by the City of Menifee Public Works Engineering Department.
30. 100 Year Design Criteria - In final engineering and prior to grading permit issuance, subsurface storage systems shall be designed with emergency
overflow inlets to mitigate flows in excess of the 100 year, 24-hour storm event in a controlled manner to the satisfaction of the Public Works Engineering Department.
31. 100 Year Sump Outlet - Drainage facilities outletting sump conditions shall be
designed to convey the tributary 100 year storm flows. Additional emergency
escape design approved by PW Engineering shall also be provided. 32. Drainage Pipes greater than 36” in Diameter - Drainage system for pipes
greater than 36” maybe requested for ownership by the Riverside County Flood Control District. The District will only agree for such ownerships provided
improvements plans together with a drainage report for such systems are
reviewed and approved by Riverside County Flood Control and Water Conservation District (District).
33. Romoland MDP Line A-9 as proposed to the west of the site would provide flood protection to the site by collecting and conveying the tributary offsite stormwater runoff from the south to the existing Romoland MDP Line A
facility to the north. The project would be considered free from ordinary storm flood hazard once Line A-9 is constructed and functional. However, a
storm of unusual magnitude could cause some damage.
Tract Map 36937 will have an adequate outlet once Line A-9 is constructed to Romoland Line A Channel to the north. The Line A-9 facility shall be
designed and constructed to Flood Control District's standards. The public maintenance of Line A-9 will be determined in improvement plan check phase of development. Facilities that are accepted to be owned and operated by the
Flood Control District shall be maintained by the District.
Romoland MDP Line A-9 shall be constructed to provide flood protection to
the site by collecting and conveying the tributary offsite stormwater runoff from the south to existing facility Romoland MDP Line A to the north. Major
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flood control facilities are being proposed. These shall be designed and constructed to District standards including those related to alignment and
access to both inlets and outlets. The applicant shall consult the District early
in the design process regarding materials, hydraulic design, required environmental clearances and transfer of right-of-way.
34. Romoland MDP Line A-9 INSPECTION AND MAINTENANCE of the flood control facility to be constructed with this development must be performed by
either the City of Menifee and/or the District. The developer must request in
writing that one or both of these agencies accept the proposed system.
The request to the District shall note the project number, location, briefly describe the system (sizes and lengths) and include an exhibit that shows the proposed alignment. The request shall be addressed to the General Manager-Chief Engineer, Attn: Chief of Planning Division. If the District is willing to maintain the proposed facility, four (4) items must be accomplished prior to recordation of the final map or starting construction of the drainage facility: • The developer shall submit to the District the preliminary title reports, plats and legal descriptions for all rights-of-way to be conveyed to the District and secure those rights-of-way to the satisfaction of the District; and
• An agreement with the District and any maintenance partners m ust be executed which establishes the terms and conditions of inspection, operation and maintenance; and • Plans for the facility must be signed by the District's General Manager-Chief Engineer. The plans cannot be signed prior to execution of the agreement; and • All regulatory permits to be secured by the developer shall be submitted to the District for review. The terms of the regulatory permits shall be approved by the District prior to improvement plan approval, map recordation or finalization of the regulatory permits. There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility to protect public health and safety. 35. MAJOR ADP FACILITIES – Prior to initiation of the final construction drawings for those facilities required to be built as part of the Homeland/Romoland Area Drainage Plan (ADP), the developer shall contact the District to ascertain the terms and conditions of design, construction, inspection, transfer of right-of-way, project cred it in lieu of charges and reimbursement schedules which may apply. The developer shall note that if the estimated cost for required ADP facilities exceeds the required mitigation charges and the developer wishes to receive cred it for reimbursement in excess of his charges, the facilities will be constructed as a public works contract. Scheduling for construction of these facilities will be at the d iscretion of the District.
36. BMP – Energy Dissipators - Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a
natural channel or an unmaintained facility. The dissipators shall be designed to
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minimize the amount of erosion downstream of the storm drain outlet. This condition shall also apply to proposed bioretention basin inlets.
Prior to Grading Permit Issuance:
37. Geotechnical Report - Two copies of City-approved geotechnical/soils report, no more than three (3) years from date of application, shall be provided to the City Public Works Engineering Department with initial submittal of a grading plan.
If there is no approved report and/or said report is past the three (3) years from date of application, a new geotechnical/soils report and/or update letter, respectively, shall be prepared and submitted to City for review and approval.
The geotechnical/soils, compaction and inspection reports will be reviewed in conformance with the latest edition of the Riverside County Technical Guidelines
for Review of Geotechnical and Geologic Reports. A fee for review of the
geotechnical/soils report and/or update letter shall be paid to the City, the amount of which shall be determined by City at first submittal of report.
A pre-grading meeting, certifications, approvals and inspection procedures will be implemented in accordance with City PW- Inspection process. 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. Drainage Study – Four copies of final drainage study (also referred to as
Hydrology/Hydraulics Report) shall be submitted to the City and/or the Riverside
County Flood Control and Water Conservation District (District) for review and approval. The study shall analyze at a minimum the following: project site drainage flow; all future improvements drainage flow; Q10, Q100, pre- and post-
condition flow rates; anticipated total drainage flow into existing storm drain; and existing storm drain capacity. The project shall comply with all mitigation
recommended by the approved drainage study. A fee for review of the Drainage
Study shall be paid to the City and Riverside County Flood Control and Water Conservation District, the amount of which shall be determined by City and Flood
Control at first submittal of report.
39. PLANS/REPORTS SUBMITTAL TO RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT FOR FACILITIES PROPOSED FOR OWNERSHIP BY THE DISTRICT- For storm drain facilities proposed to be
owned by the Flood Control District, a copy of the improvement plans, grading
plans, and any other necessary documentation, along with supporting hydrologic and hydraulic calculations (drainage report), shall be submitted to the District as reference material for the review and approval of the drainage
report and storm drain plans. The plans must receive District approval prior to
the issuance of grading permits. All submittals shall be date stamped by the engineer and include a completed Flood Control Deposit Based Fee
Worksheet and the appropriate plan check fee deposit.
40. CLOMR (Conditional Letter of Map Revision) – Portion of the project falls
within the 100-year flood plain as shown on the Flood Insurance Rate Map (FIRM) Panel No. 060245 2085C as revised November 20, 1995. For that
reason, in order to be developed, owner/developer shall process approval of a
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CLOMR through the Federal Emergency Management Agency (FEMA). Copy of approval letter shall be provided to the City.
It should be noted that a LOMR Determination for the Riverside County Flood Control District’s Homeland-Romoland Master Drainage Plan (Line A), was
issued by FEMA on November 3, 2017 with an effective date of March 19, 2018, Ref Case number 17-09-1814P. It will be the responsibility of the applicant/developer to determine whether any portion of the project is within or
outside the new LOMR boundaries. The developer shall comply with FEMA requirements for any areas of the project determined to be still within the floodplain boundaries. 41. 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.
42. Compliance with NPDES General Construction Permit – The developer/
property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the 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. For additional information on how to obtain a GCP, contact the SWRCB.
43. SWPPP - Prior to approval of the grading plans, the developer/property owner
shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the
development. The developer/property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system, and shall ensure that the
SWPPP is updated to constantly reflect the actual construction status of the site.
A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project
complete once a Notice of Termination has been issued by SWRCB.
44. SWPPP for Inactive Sites - The developer/property owner shall be responsible
for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working condition at all times until construction is completed and the Regional Board has issued a Notice of
Termination (NOT) for the development. 45. Grading Bonds – Prior to commencing any grading of 50 or more cubic yards of
dirt, the applicant shall obtain a grading permit from the PW Engineering Department. Prior to issuance of the permit, adequate performance grading security shall be posted by the developer/property owner with the Public Works
Engineering Department.
46. 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
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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.
47. Offsite Grading Easements - The developer/property owner shall obtain all required temporary easements and/or permissions to perform offsite grading or any activities related to grading, from affected land owners. Notarized and
recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works Engineering Department.
48. Slope Stability - A slope stability report shall be submitted and approved by the PW-Engineering Department for all proposed cut or fill slopes steeper than 2:1
(horizontal to vertical) - unless addressed in a previously City approved report.
49. Slope Landscaping and Irrigation - All manufactured slopes shall be irrigated
and landscaped with grass or approved ground cover, and shall have some type
of drainage swale at the toe of the slope to collect runoff. Drip irrigation shall be used for all irrigated slopes.
50. Temporary Erosion Control Measures - Shall be implemented immediately
following rough grading to prevent deposition of debris onto downstream
properties or drainage facilities. Plans showing these measures shall be submitted to PW Engineering for review and approval.
51. Written Permission for Grading – Written permission shall be obtained from the affected property owners allowing the proposed grading and/or facilities to be installed outside of the parcel boundaries. A copy of the written authorization
shall be submitted to the PW Engineering Department for review and approval.
Prior to Map Recordation
52. SUBMIT ECS & FINAL MAP - A copy of the environmental constraint sheet
(ECS) and the final map shall be submitted to the Cityfor review and
approval. All submittals shall be date stamped by the engineer and include the appropriate plan check fee.
53. ADP FEES - A notice of drainage fees shall be placed on the environmental constraint sheet and final map. The exact wording of the note shall be as
follows: NOTICE OF DRAINAGE FEES Notice is hereby given that this property is located in the Homeland/Romoland which was adopted by the Board of Supervisors of the County of Riverside, pursuant to Section 10.25 of
Ordinance 460 and Section 66483, et seq, of the Government Code, and that
said property is subject to fees for said drainage area. Notice is further given that, pursuant to Section 10.25 of Ordinance 460, payment of the drainage fees
shall be paid with cashier's check or money order only to the Flood Control-District at the time of issuance of the grading or building permit for said parcels, whichever occurs first, and that the owner of each parcel, at the time
of issuance of either the grading or building permit, shall pay the fee required at the rate in effect at the time of issuance of the actual permit.
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Prior to Building Permit Issuance:
54. Submit Plans – A copy of the improvement plans, grading plans, final map,
environmental constraint sheet, BMP improvement plans, and any other necessary documentation along with supporting hydrologic and hydraulic
calculations shall be submitted to the PW Engineering Department for review. All submittals shall be date stamped by the engineer and include a completed City Deposit Based Fee Worksheet and the appropriate plan check fee deposit.
55. Offsite Easements or Redesign – Offsite drainage facilities shall be located
within dedicated drainage easements obtained from the affected property
owner(s). Document(s) shall be recorded and a copy submitted to the PW Engineering Department prior to recordation of the final map. If the developer
cannot obtain such rights, the map should be redesigned to eliminate the need
for the easement.
56. Building Footprints over Property Lines – Prior to issuance of any building
permit, the project shall ensure that no building footprints are encroaching over existing property lines. If this occurs, the development shall address through a
mechanism such as parcel mergers or lot line adjustments, and must be
completed prior to issuance of any building permit.
57. LOMR (Letter of Map Revision) – Owner/developer, in coordination with the City, shall request and process the approval of a LOMR through FEMA and a revision to the National Flood Insurance Program Flood Insurance Rate Map
(FIRM). Copy of approval letter and/or a revised copy of FIRM shall be provided to the City. It should be noted that a LOMR Determination for the Riverside Flood Control District’s Homeland-Romoland Master Drainage Plan (Line A), was
issued by FEMA on November 3, 2017 with an effective date of March 19, 2018, Ref Case number 17-09-1814P. It will be the responsibility of the
applicant/developer to determine whether any portion of the project is within or
outside the new LOMR boundaries. The developer shall comply with FEMA requirements for any areas of the project determined to be still within the
floodplain boundaries. 58. No Building Permit without Grading Permit - Prior to issuance of any building
permit for any new structures or appurtenances, the developer/property owner shall obtain a grading permit and/or approval to construct from the Public Works Engineering Department.
59. Final Rough Grading Conditions – Prior to issuance of a building permit for
any new structures or appurtenances, 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.
60. Conformance to Elevations/Geotechnical Compaction - Rough grade
elevations for all building pads and structure pads submitted for grading plan
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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.
61. HOMELAND/ROMOLAND ADP DRAINAGE FEES - This project may
require earlier construction of downstream ADP facilities. To mitigate this
effect, the District recommends that this project be required to pay a flood mitigation fee. The mitigation fee should be based upon the fee structures set
for land divisions having comparable anticipated impermeable surface areas.
Tract Map 36937 is located within the limits of the Homeland/Romoland ADP for which drainage fees have been adopted to help mitigate the impacts of
this development. The mitigation charge for this proposal shall equal the prevailing ADP fee rate and the calculation shall be as determined by the Riverside County flood Control District. The charge is
payable to the Flood Control District by cashier's check or money order only
and shall be paid after final approval of the staff report/conditions of approval by the City of Menifee and prior to issuance of permits.
Prior to Issuance of Certificate of Occupancy:
62. ROMOLAND MDP LINE A-9 Facility Completion – The Riverside County Flood Control and Water Conservation District recommends not to release the
occupancy permits for any residential lot exceeding the 80% of the total
recorded residential lots within the map or phase within the recorded map prior to the acceptance of the Romoland MDP Line A-9 drainage facility for
operation and maintenance by a public entity.
63. Final Grade Certification – The developer/property owner shall cause the Civil
Engineer of Record for the approved grading plans, to submit signed and wet
stamped final grade certification on City approved form, for each building for which a certificate of occupancy is requested. The certification shall be submitted
to the Public Works Engineering Department for verification and acceptance.
64. Conform to Elevations - Final grade elevations of all building or structure finish
floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans.
C. STREETS IMPROVEMENTS AND DEDICATIONS
65. Street Improvements/Dedications - Street improvements shall conform to all
applicable City Design Standards and Specifications, the City General Plan, the Riverside County Ordinance 461, and all other relevant laws, rules and
regulations governing street construction in the City.
66. Barnett Road (South of McLaughlin Road to southerly project subdivision
boundary) – shall be designed and constructed to City’s standards for Secondary roadway classification per City’s General Plan Roadway Network with a curb to curb roadway width of 72’ and ultimate right-of-way of 100 feet. The street right-
of-way required to attain a half street width of 50 feet on east side of the roadway
shall be dedicated to the City for public street and utility purposes. Improvements shall be the east half of the road plus 12 feet beyond the street centerline,
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including transition improvements to existing road south of the development and intersection improvements with McLaughlin Road. Improvements shall be per
City Standards. The curb height fronting the development shall match existing
curb height south of the development. The sidewalk shall be 6 feet wide. Any deviations from these requirement shall be at the discretion of the PW
Director/City Engineer. It should be noted that in the event submitted site plan for this project conflicts with these conditions, the conditions herein shall prevail. A Class II bicycle lane shall be provided along east side of the roadway.
67. Barnett Road (North of McLaughlin Road to Patricia Lane) – shall be designed
and constructed to a modified City’s standards for Secondary roadway
classification per City’s General Plan Roadway Network, within the existing right-of-way of 60 feet. Modified improvements shall be 28-foot roadway
improvements (14 feet on each side of the street centerline, also being the
common boundary line between City of Menifee and City of Perris. A 6” AC berm (City Standard Plan No. 204) shall be provided on both sides of Barnett Road.
Pavement structural section shall be per City Standard Plan No. 155 for
Secondary Road.
68. McLaughlin Road (East of Barnett Road) - shall be designed and constructed to City’s standards for General Local roadway classification per City’s General Plan Roadway Network with a curb to curb roadway width of 36 feet within the existing
right-of-way of 60 feet. Improvements shall be per City Standard Plan Nos. 115 and 155. An offset cul-de-sac, designed per County of Riverside Standard No. 800 A, shall be constructed at the east end of the road. Additional street
dedication to accommodate the cul-de-sac improvement shall be dedicated to the City of Perris.
69. Interior Streets (Private) – shall be designed and constructed per modified City Standard Plan No. 150, with a curb to curb roadway width of 36 feet within a 44-
foot right-of-way. Modified improvements include a 4-foot wide sidewalk, Type
“C” curb and gutter per City Standard Plan No. 212 and Type 6 curb and gutter per City Standard Plan No. 200, and curb transition per County of Riverside
Standard No. 211. Minimum pavement structural section (4”AC/6”AB) for private
street shall be per City Standard Plan No. 155.
70. Portions of the north side of McLaughlin Road and east side of Barnett Road north of McLaughlin Road falls within the jurisdiction of City of Perris. Owner/developer shall coordinate with the City of Perris for approval of plans,
construction of improvements, posting of securities, and processing of required street dedications for said portions of McLaughlin Road and Barnett Road.
71. Access Restrictions- Owner shall relinquish access rights at the following locations:
• Barnett Road along the west side of the subdivision, except at proposed street opening as shown on the Tentative Tract Map No. 36937.
• State Freeway 215 along the east boundary of the subdivision
The owner’s relinquishment of access rights shall be noted on the final map.
72. Soils and Pavement Report - Street pavement structural designs shall comply with the recommendations in the City approved project soils and pavement
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investigation report, and must meet minimum City standards and specifications, as approved by the PW Director.
73. Driveway Geometrics - Final driveway/private street geometrics may be
modified in final engineering as approved by the Public Works Director.
Driveways/private streets shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations
for access and ADA guidelines. 74. 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 all applicable City ordinances, standards and
specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and
shall propose measures to mitigate these effects. The traffic control plan shall
include a Traffic Safety Plan for safe use of public roads right-of-way during construction. The plan shall specify mitigation measures to address the following:
a. Dust and dirt fallout from truck loads and gets entrained onto City roadways: (1) Biweekly street sweeping during construction activity, and daily during all
grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP.
b. Noise from construction truck traffic: Include construction time and operation
of vehicles through surrounding residential streets.
c. Traffic safety within the road right-of-way: Include temporary traffic control measures and devices.
75. Acceptance of Public Roadway Dedication and Improvements (within City
of Menifee) – Easements and right-of way for public roadways and public utilities
shall be dedicated to the City of Menifee through final map, or other acceptable recordable instrument.
76. Acceptance of Public Roadway Dedication and Improvements (within City of Perris) – Easements and right-of way for public roadways shall be dedicated
to the City of Perris through acceptable recordable instrument. Owner/developer
shall coordinate with City of Perris in processing the easement document.
77. 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 Public Works Director/City
Engineer and the City Building Official. 78. Paving or Paving Repairs – The applicant shall be responsible for obtaining the
paving inspections required by Ordinance 461. Paving and/or paving repairs for utility street cuts shall be per City of Menifee Standards and Specifications and
as approved by the Public Works Director/City Engineer.
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79. 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.
80. Street Light Plan – Street lights requiring relocations, or any required new street
lights shall be designed in accordance with current City Standards for LS-3 type streetlights. Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the PW
Director. 81. Dry Utility Installations - Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance with Riverside County Ordinance Numbers 460 and 461, or as approved by the
Public Works Director/City Engineer.
Prior to Issuance of Construction/Encroachment Permit:
82. 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.
83. Improvement Bonds – Prior to issuance of any construction permit for all
required onsite and offsite public improvements, the developer/project owner shall post acceptable bonds or security to guarantee the construction of all required improvements. The bonds shall be in accordance with all applicable City
ordinances, resolutions and municipal codes (See also bond agreement
condition under General Condition).
Prior to Issuance of Certificate of Occupancy:
84. Driveways and Driveway Approaches – Prior to issuance of Certificate of
Occupancy, all proposed driveways and driveway approaches built to applicable City standards and as per the approved Plot Plan shall be constructed.
D. TRAFFIC ENGINEERING
85. Traffic Impact Analysis Report – The development shall comply with all the
mitigation measures identified to be constructed or provided in the traffic impact analysis approved by the Public Works Department. The traffic study was
prepared by Kunzman and Associates and dated November 1, 2017. All required improvements and mitigations identified in the study shall be included in all improvement plans for review and approval by the Public Works Department.
Prior to Issuance of Construction Permit:
86. 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.
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87. Intersection Geometrics – All temporary/final intersection geometrics may be modified in final engineering as approved by the PW Director.
88. Signing and Striping Plan – Prior to issuance of a construction permit, any
necessary signing and striping plan shall be approved by the City Traffic Engineer in accordance with City ordinances, standards and specifications, and
with the latest edition of the CAMUTCD. Prior to Issuance of Certificate of Occupancy:
89. Construction of Roadway Improvements – The developer/property owner
shall construct the following on-site and off-site improvements as detailed below:
a. Barnett Road (Off-Site) – The developer/property owner shall construct
an extension of Barnett Road from Patricia Lane to McLaughlin Road as a
Local Street (28 feet pavement width) per City of Menifee and City of Perris street design standards. At the north leg of the intersection of
Barnett Road/McLaughlin Road, the pavement width shall be wider to
accommodate the intersection geometrics in Condition 79d and the lane merging of the 2 northbound through lanes.
b. Barnett Road Frontage Improvements - The developer/property owner shall construct Barnett Road from McLaughlin Road to the southern
project boundary to its ultimate half-section width as a four-lane Secondary Arterial (100-foot right-of-way) plus 12 feet beyond the centerline. c. McLaughlin Road Frontage Improvements - The developer/property
owner shall construct McLaughlin Road from Barnett Road to its
proposed terminus (100 feet west of eastern project boundary) to its ultimate half-section width as a Local Street (60-foot right-of-way) plus 12
feet beyond the centerline. d. Barnett Road/McLaughlin Road Intersection Improvements - The
developer/property owner shall construct the intersection of Barnett
Road/McLaughlin Road with two-way stop control (on McLaughlin Road) and with the following lane geometrics:
• Northbound: One left-turn lane, two through lanes, one right-turn lane.
• Southbound: One left-turn lane, one through lane.
• Westbound: One shared left-turn/right-turn lane (install stop sign).
• Eastbound: Install stop sign (existing unimproved road).
90. Cost Participation through Payment of TUMF and DIF for Offsite Improvements – The developer/property owner’s TUMF and DIF payment obligations shall be considered as cost participation for Project’s required offsite
improvements only when the offsite improvements for which credits are claimed,
are eligible TUMF and/or DIF facilities at the time of TUMF and DIF payments.
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91. Fair Share Cost Participation for Off-site Improvements – The developer/ property owner shall pay fair share costs for off-site improvements as detailed
below. These fair shares are determined as follows:
a. Ethanac Road & I-215 Southbound Ramps – The developer/property
owner shall contribute a fair share construction cost of 6.0% toward
modifying the striping to provide the following lane geometrics on the eastbound approach of the intersection of Ethanac Road & I-215 Southbound Ramps:
• One through lane and one shared through/right turn lane.
b. Ethanac Road & I-215 Northbound Ramps – The developer/property owner shall contribute a fair share construction cost of 4.2% toward the
construction of one additional westbound lane (shared through/right-turn
lane), and toward modifying the striping to provide the following lane geometrics on the eastbound approach of the intersection of Ethanac Road & I-215 Northbound Ramps:
• One left turn lane, two through lanes. E. NPDES and WQMP
92. Stormwater Management - All City of Menifee requirements for NPDES and
Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management
Program unless otherwise approved by the Public Works Director/City Engineer.
This project is required to submit a project specific WQMP.
93. 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.
(f) 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.
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
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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.
94. 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
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 Grading Permit Issuance:
95. 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 an approved PRELIMINARY WQMP, shall be reviewed and
approved by the Public Works Engineering Department. The final developed project construction plans 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:
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(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.
96. Preliminary WQMP. The developer submitted a Prelim WQMP on February 14, 2018 and prepared by W.J. McKeever, Inc, where the on-site BMP is presented as qualifying as a bio-retention BMP within the LID BMP hierarchy. However, the
Prelim WQMP did not provide adequate information to support this proposal, therefore in final engineering, the design of the BMP must be updated to meet the design requirements for bio-retention per the Riverside LID BMP Handbook.
At a minimum, the following specific elements that must be incorporated into the BMP design:
• Minimum of 18 inches of engineered soil media meeting the soil media specifications described in the Riverside LID Handbook
• Minimum of 12 inches of gravel below the soil layer
• Perforated underdrain
• Minimum of 6 inches of ponding depth
• Vegetation suitable for growing in the engineered soil
Although the PW Engineering Department determined that the Preliminary
WQMP submitted on February 14, 2018, is acceptable to move the project
forward for Planning Commission hearing, the developer shall submit a WQMP in final engineering, for approval by the PW-Engineering Department
incorporating/addressing the elements described in this condition. The developer shall be responsible for ensuring remaining issues in the
Preliminary WQMP are addressed in final engineering. In the event the Final WQMP requires design revisions that may substantially change the project plot plan, the project may require further City approval. The cost of reviewing the
revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP.
97. Redesign Due to Significant Changes to the WQMP. The developer
understands that any major redesign as a result of completing the final WQMP to
comply with the above condition shall be evaluated by both the Community Development Department and the PW Engineering Department to determine if
additional project approval maybe required.
98. WQMP Maintenance Agreement –Water quality features or BMPs to be owned
and maintained by the HOA or private property owners shall be located within private property limits. Prior to, or concurrent with the approval of the FINAL WQMP, the developer/property owner shall record Covenants, Conditions and
Restrictions (CC&R’s) that addresses the implementation and maintenance of proposed WQMP BMPs, 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.
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Prior to Issuance of Certificate of Occupancy:
99. 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.
A copy of the notarized affidavit must be placed in the final WQMP report. The
PW Engineering Department MUST also receive the original notarized affidavit with the plan check submittal in order to clear the appropriate condition. Placing a
copy of the affidavit without submitting the original will not guarantee clearance of the condition.
100. Implement WQMP - All structural BMPs described in the project-specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to
implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any
portion of the project until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is tributary to, are completed
and operational.
101. 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 in a City maintained database for future periodic inspection.
F. WATER, SEWER, AND RECYCLED WATER
102. Meet Minimum Standards – All water, sewer and recycled water improvements shall be designed per the City adopted Riverside County Ordinances 460, 461
and 787; 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.
103. Utility Improvement Plans – Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by the
City PW Department and EMWD.
104. Onsite and Offsite Sewer, Water and Recycled Water Improvements – All
public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to final map recordation, approval of improvement plans if no map is being processed.
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105. 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 Riverside County Ordinances 460/461 and Eastern Municipal Water District standards.
106. Water Mains and Hydrants - All water mains and fire hydrants providing
required fire flows shall be constructed in accordance with the Riverside County
Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department. G. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) 2015-2
Prior to Final Map Recordation: 107. Annexation to the Citywide Community Facilities District (CFD) 2015-2 –
Prior to final map recordation, the developer/property owner shall complete the
annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services) CFD
2015-2. The citywide CFD shall be responsible for:
The maintenance of public improvements or facilities that benefit this
development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director.
The developer/property owner shall be responsible for all costs associated with the annexation of the proposed development in the citywide CFD.
108. CFD Annexation Agreement – In the event timing for this development’s
schedule prevents the developer/property owner from complying with condition of
approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the recordation of a final
map but prior to issuance of a Certificate of Occupancy. The developer shall be
responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to
issuance of a building permit.
109. CFD Landscape Guidelines and Improvement Plans – All landscape
improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans
shall be reviewed and approved by the PW Engineering Department prior to issuance of a construction permit.
110. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained by the citywide CFD 2015-2 shall be built to City
standards. The developer shall be responsible for ensuring that landscaping
areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system.
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H. WASTE MANAGEMENT
111. AB 341 - AB 341 focuses on increased commercial waste recycling as a method
to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and
multifamily units of 5 or more, to recycle. A business shall take at least one of the 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#mandatory
112. 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 waste from disposal:
a. Source separate organic material from all other recyclables and donate or
self-haul to a permitted organic waste processing facility.
b. Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those
services meet the requirements of AB 1826.
c. Consider xeriscaping and using drought tolerant/low maintenance vegetation
in all landscaped areas of the project.
Prior to Building Permit Issuance:
113. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of
a Recyclables Collection and Loading Area plot plan to the City of Menifee
Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection 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.
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114. Waste Recycling Plan. Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP) shall be submitted to the City of
Menifee Engineering/Public Works Department approval. At a minimum, the
WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the
measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site
shall have, at a minimum, two (2) bins; one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable
materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made
through the franchise hauler.
The applicant shall provide documentation to the Community Development
Department to verify that Engineering and Public Works has approved the plan
prior to issuance of a building permit.
Prior to Issuance of Certificate of Occupancy
115. Waste Management Clearance. Prior to issuance of an occupancy permit for
each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for
occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled.
I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 116. Fees and Deposits – Prior to approval of final maps, grading plans,
improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as
applicable. These shall include the regional Transportation Uniform Mitigation
Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable 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.
Prior to Issuance of Certificate of Occupancy: 117. TUMF Fees – Prior to the issuance of an occupancy permit, the
developer/property owner shall pay the Transportation Uniform Mitigation Fee
(TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to adopted City Ordinance governing the TUMF program.
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Section V:
Riverside County Fire Department
Conditions of Approval
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These conditions are preliminary; further review will occur upon receipt of building plans. Additional conditions may be necessary at that time.
General Conditions
1. 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.
2. 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.
3. Hydrant/Spacing. Fire hydrants and fire flow: Provide or show there exist fire
hydrant(s) capable of delivering a fire flow of 500 GPM at 20 PSI for 1 hrs. as
required by California Fire Code and Riverside County Fire Department standards within 600 feet of all portions of all structures.
4. Address. Display street numbers in a prominent location on the address side of
buildings and/or rear access if applicable. Numbers and letters shall be a minimum
of 12” in height for buildings up to 25’ in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours.
5. Fire Department Access. Fire Department apparatus access shall be provided to
within 300 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.
6. 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.
7. Combustibles onsite: No combustible material shall be brought ton site until the
water system has been inspected and approved by the Riverside County fire Department.
8. 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)
9. Dead Ends. Dead end roads in excess of 150’ shall have approved turn around
provided. 10. Knox Rapid Entry System: Buildings and gates shall be equipped with a Knox
Rapid Entry System. Contact the Riverside County fire Department for further information.
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11. Gates: Gates require a minimum 35’ setback and shall be able to open automatically for fire department access.
Prior to Final Map
12. 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.
13. 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.
14. 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
15. 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.
16. 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.
17. 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 constructed by the developer within the public right of way in accordance with City
Standards. (CFC 501.4) Prior to Final Inspection
18. Sprinkler System Residential. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall install a fire sprinkler system based on
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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).
19. 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
1. 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.
2. Retention Basins. Any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisance.
3. Hazardous Materials. The owner or operator of any business that handles or stores
hazardous materials/waste equal to or greater than 55 gallons of liquid, 200 cubic
feet of gas, 500 pounds of solid, or any acutely hazardous materials, or extremely hazardous substances shall contact the Department of Environmental Health, Hazardous Materials Management Branch (HMMB) at (951) 358-5055 for the
requirements. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with
applicable County Ordinances.
4. Environmental Cleanup Programs. Based on the environmental site assessment
report and a site visit conducted by DEH-ECP staff and with the provision that the
information was accurate and representative of site conditions, DEH-ECP concludes no further environmental assessment is required for this project. However, non-
hazardous debris observed at the site shall be removed and properly disposed of in
accordance with appropriate regulations. If contamination or the presence of a naturally occurring hazardous material is discovered at the site, assessment,
investigation and/or cleanup may be required. Prior to Final Map
5. 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. 6. Financial Arrangements. Financial arrangements (securities posted) must be
made for the water improvement plans and be approved by City Attorney.
7. 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.
8. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service.
Prior to Building Permit Issuance
9. Pool Permit. Prior to issuance of a building permit, the applicant shall be required to
contact District Environmental Services to determine the appropriate pool facility plan
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check and/or permitting requirements. For further information please call (951) 461-0284.
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)