Loading...
PC18-387 EXHIBIT “1” CONDITIONS OF APPROVAL Planning Application No.: Plot Plan No. 2015-251 (PP2015-251) Project Description: McLaughlin Village – The Plot Plan proposes the development of the site with 126 townhome units, including architecture and floor plans, landscaping, parking, streets, and recreational amenities/open space. 416 parking spaces, including 252 garage spaces, 40 gang spaces, 112 street spaces, and 12 driveway spaces have been proposed. 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, 9.1.j Packet Pg. 208 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 2 consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 9.1.j Packet Pg. 209 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 3 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 9.1.j Packet Pg. 210 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 4 Section I: Conditions Applicable to all Departments 9.1.j Packet Pg. 211 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 5 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Plot Plan No. 2015-251 (PP2015-251) shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Permittee of this project. APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2015-251, dated December 27, 2017 APPROVED EXHIBIT B = Elevations, Floor Plans, Colors and Materials for Plot Plan No. 2015-251, dated December 27, 2017. APPROVED EXHIBIT L = Conceptual Landscaping, Walls and Fencing for Plot Plan No. 2015-251, dated December 27, 2017. TENTATIVE MAP = Tentative Tract Map No. 36937 (Planning Case No. 2015- 250), dated December 27, 2017. 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. This approval shall be used within three (3) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction 9.1.j Packet Pg. 212 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 6 contemplated by this approval within three (3) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the three year period, and/or prior to the expiration of any extension, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension(s) of time requests lapse, or should all two one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan approval, this plot plan approval shall become null and void. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9.1.j Packet Pg. 213 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 7 Section II: Community Development Department Conditions of Approval 9.1.j Packet Pg. 214 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 8 General Conditions 1. Comply with Approved Exhibits. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, B, and L unless otherwise amended by these conditions of approval. 2. 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. 3. Design Guidelines. The land divider shall comply with the County-Wide Design Standards and Guidelines. 4. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way and so as to prevent either the spillage of lumens or reflection into the sky. 5. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBIT B. 6. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No storage lockers, sheds, metal container bins, or metal shipping containers (excluding containers for recycling centers) will be allowed to be stored outside the building unless first reviewed and approved by the Community Development Department. 7. 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 9.1.j Packet Pg. 215 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 9 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. 8. 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 ADA Parking Spaces: ADA parking spaces shall be provided consistent with Building Code requirements. 9. Recreation and Open Space Standards. Recreation and Open Space shall be provided consistent with the APPROVED EXHIBITS. 10. 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. 9.1.j Packet Pg. 216 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 10 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. 11. 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. 12. Phased Construction. If construction is phased, a phasing plan for construction and landscaping installation shall be approved by the Community Development Director. 13. 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. 14. 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. 15. ALUC Condition. The project is located within an Airport Influence Area; therefore, 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.) 9.1.j Packet Pg. 217 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 11 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 residences. 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. If you have any questions, please contact John Guerin, Principal Planner, at (951) 955-0982. 16. 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 17. 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 9.1.j Packet Pg. 218 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 12 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 18. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall 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 9.1.j Packet Pg. 219 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 13 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 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. 9.1.j Packet Pg. 220 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 14 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. 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 Issuance of Grading Permits 30. Grading Plan Review. The Community Development Department shall review the grading plan for consistency with the approved plot plan and the conditions of approval for the plot plan. 31. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map and the Environmental Impact Report which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 32. 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 9.1.j Packet Pg. 221 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 15 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. 33. Fees. Prior to issuance of grading permits, the Community Development Department shall determine if the deposit-based fees are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 34. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: 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; 9.1.j Packet Pg. 222 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 16 k. Operations on any unpaved surfaces must be suspended when winds exceed twenty-five (25) mph; l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed fifteen (15) miles per hour over a thirty (30) minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to fifteen (15) miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within twenty- four (24) hours of their receipt. 35. 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 9.1.j Packet Pg. 223 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 17 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. 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. 36. 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. 9.1.j Packet Pg. 224 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 18 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. 37. 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. ARCHEOLOGY 38. 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. 39. 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. 40. 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 9.1.j Packet Pg. 225 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 19 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. 41. 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. 42. 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 43. 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 9.1.j Packet Pg. 226 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 20 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: 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 9.1.j Packet Pg. 227 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 21 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 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 44. Condominium Map/Project. This project is for the development of 126 detached townhomes/condominiums. The plot plan has been processed concurrent with Tentative Tract Map No. 36937 (City Case No. 2015-250). Prior to issuance of a building permit within this property, all of the prior to map recordation conditions for Tentative Tract No. 36937 (City Case No. 2015-250) shall be met. 45. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to the issuance of a Building Permit. The Community Development Director may require inspection or other monitoring to ensure such compliance. 46. Building Plans Required. The developer shall cause building plans to be submitted to the Building and Safety Department for review and approval by the Department of Building and Safety - Plan Check Division. Prior to issuance of building permits, the Community Development Department shall determine that the building plans are in substantial conformance to 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. Submit to B&S for addressing prior to submittal of building plans. 2. 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. 9.1.j Packet Pg. 228 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 22 3. Five (5) sets of plan drawings shall be submitted along with three (3) copies of structural and Title 24 Energy documentation. 4. 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. 5. All exterior lighting shall comply with Menifee Municipal Code Chapter 6.01, “Dark Sky Ordinance”. 6. All exterior lighting shall fall within current commercial standards. 7. Separate plan submittal will be required to Riverside County Fire along with a formal transmittal issued by Building and Safety. 8. Building plans shall be consistent with the approved Noise Study recommendations. 9. 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. 47. Elevations. Elevations of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on Approved Exhibit B 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. 48. 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. 9.1.j Packet Pg. 229 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 23 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) 49. 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: 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. 50. Roof Mounted Equipment. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other 9.1.j Packet Pg. 230 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 24 energy-saving devices shall be permitted with Community Development Department approval. 51. Utilities Underground. All utility extensions within a lot shall be placed underground. 52. Building Separation. Building separation between all buildings shall not be less than ten (10) feet. Additional encroachments are only allowed as permitted by County Ordinance No. 348. 53. 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. 54. Lighting. The building plans and/or final landscaping and irrigation plans shall show the location and types of light fixtures that will be within the project site and on the buildings. Lighting fixtures shall be decorative and consistent with 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. 55. 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. 56. HVAC. The developer shall utilize HVAC units with the lowest sound power level. MINOR PLANS REQUIRED 57. Landscaping Plans. The land divider/permit holder shall file five (5) sets of a Landscaping and Irrigation Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act), 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. 9.1.j Packet Pg. 231 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 25 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. 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 9.1.j Packet Pg. 232 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 26 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. 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. 58. 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 9.1.j Packet Pg. 233 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 27 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. LANDSCAPING 59. 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). 60. 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. 61. 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. 9.1.j Packet Pg. 234 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 28 FEES 62. 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. 63. Romoland School District. Impacts to the Romoland School District shall be mitigated in accordance with California State law. 64. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 65. 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. Prior to Final Inspection 66. 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. 67. 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). 68. 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. 69. 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. 9.1.j Packet Pg. 235 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 29 70. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be installed in accordance with the approved entry monument plans. 71. Hardscaping. All hardscaping, including enhanced paving at the project entrance shall have been installed in accordance with the approved exhibits. 72. 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. 73. 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. 74. Roll Up Garage Doors. All residences shall have automatic roll-up garage doors. 75. Final Planning Inspection. The permittee shall obtain final occupancy sign-off from the Planning Division for each Building Permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, hardscaping, site plan, ground mounted equipment screening, transformer locations, parking, walls and fencing and landscaping. LANDSCAPING 76. 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?” 77. 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. 78. 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 9.1.j Packet Pg. 236 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 30 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. 79. 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 80. MSHCP Fees. Prior to the issuance of either a certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 810, which requires payment of the appropriate fee set forth in the Ordinance. Ordinance No. 810 has been established to set forth policies, regulations and fees related to the funding and acquisition of open space and habitat necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 81. 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. 9.1.j Packet Pg. 237 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 31 82. 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. 83. 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. 9.1.j Packet Pg. 238 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 32 Section III: Public Works/Engineering Conditions of Approval 9.1.j Packet Pg. 239 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 33 A. GENERAL ENGINEERING CONDITIONS 1. Subdivision Map Act - The developer/property owner shall comply with the State of California Subdivision Map Act. 2. Tentative Tract Map No. 36937, TR2015-250. Tentative Tract Map Application TR2015-250, TM 36937 is concurrently being processed with this plot plan application. The conditions of approval for the TTM application as they relate to this Plot Plan Application 2015-251, shall apply. 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 upon approval. 7. Plan Approvals - All required improvement plans and grading plans must be approved by the Public Works Engineering Department 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 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. 9.1.j Packet Pg. 240 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 34 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. 9.1.j Packet Pg. 241 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 35 B. GRADING AND DRAINAGE 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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 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. 9.1.j Packet Pg. 242 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 36 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. 20. 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. 21. 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 22. 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. 23. 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 24. 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 City for review and approval. 25. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. All cut and fill slopes shall have a maximum 2:1 (H:V) grade, 2 horizontal to 1 vertical. 26. Licensed Geotech - A licensed geotechnical engineer shall perform final determination of the foundation characteristics of soils within on-site development areas 9.1.j Packet Pg. 243 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 37 27. 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. 28. 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. 29. 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. 30. 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. 31. 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 Conservation District. 32. 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 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. 9.1.j Packet Pg. 244 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 38 33. 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. 34. MAJOR FACILITIES – ADP - 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. 35. BMP – Energy Dissipators - Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet. This condition shall also apply to proposed bioretention basin inlets. 9.1.j Packet Pg. 245 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 39 Prior to Grading Permit Issuance: 36. 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. 37. 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 Conservation District (Flood Control) 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 Conservation District, the amount of which shall be determined by City and Flood Control at first submittal of report. 38. 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. 39. 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 CLOMR through the Federal Emergency Management Agency (FEMA).Copy of approval letter shall be provided to the City. 9.1.j Packet Pg. 246 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 40 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. 40. 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. 41. 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. 42. 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. 43. 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. 44. 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. 45. Import/Export – Prior to issuance of a grading permit, grading plans involving import or export of dirt shall require approval of the import/export locations from the Public Works Engineering Department. Additionally, if either location was not previously approved by an Environmental Site Assessment, a Grading Environmental Site Assessment shall be submitted for review and approval by the Public Works Engineering Department prior to issuance of any grading permit. A haul route must be submitted for approval by the Engineering department prior to grading operations. 9.1.j Packet Pg. 247 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 41 46. 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. 47. 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. 48. 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. 49. 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. 50. 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 Building Permit Issuance: 51. 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. 52. 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. 53. 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. 54. 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 9.1.j Packet Pg. 248 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 42 (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. 55. 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. 56. 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. 57. Conformance to Elevations/Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. 58. 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: 59. 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 9.1.j Packet Pg. 249 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 43 prior to the acceptance of the Romoland MDP Line A-9 drainage facility for operation and maintenance by a public entity. 60. 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. 61. 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 62. 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. 63. 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, 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. 64. 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. 65. 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 60 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. 9.1.j Packet Pg. 250 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 44 800 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. 66. 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. 67. 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. 68. 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. 69. Soils and Pavement Report - Street pavement structural designs shall comply with the recommendations in the City approved project soils and pavement investigation report, and must meet minimum City standards and specifications, as approved by the PW Director. 70. 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. 71. 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. 9.1.j Packet Pg. 251 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 45 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. 72. 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 acceptable recordable instrument. 73. 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. 74. 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. 75. 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. 76. 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. 77. 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. 78. 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: 79. 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. 80. 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 9.1.j Packet Pg. 252 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 46 ordinances, resolutions and municipal codes (See also bond agreement condition under General Condition). Prior to Issuance of Certificate of Occupancy: 81. 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 82. 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: 83. 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. 84. Intersection Geometrics – All temporary/final intersection geometrics may be modified in final engineering as approved by the PW Director. 85. 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: 86. 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. 9.1.j Packet Pg. 253 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 47 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). 87. 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. 88. 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 89. 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. 9.1.j Packet Pg. 254 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 48 90. 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 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. 91. 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 9.1.j Packet Pg. 255 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 49 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: 92. 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: (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. 93. 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. 9.1.j Packet Pg. 256 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 50 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. 94. 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. 95. 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. Prior to Issuance of Certificate of Occupancy: 96. 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. 97. 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. 98. 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 9.1.j Packet Pg. 257 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 51 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 99. 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. 100. 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. 101. 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. 102. 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. 103. 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) 2015-2 104. Annexation to the Citywide Community Facilities District (CFD) 2015-2 – 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. 9.1.j Packet Pg. 258 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 52 105. 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 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. 106. 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. 107. 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. H. WASTE MANAGEMENT 108. 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 109. 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. 9.1.j Packet Pg. 259 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 53 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: 110. 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. 111. 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 112. 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 9.1.j Packet Pg. 260 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 54 113. 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: 114. 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. 9.1.j Packet Pg. 261 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 55 Section IV: Riverside County Fire Department Conditions of Approval 9.1.j Packet Pg. 262 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 56 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. 9.1.j Packet Pg. 263 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 57 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) 9.1.j Packet Pg. 264 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 58 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 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) 9.1.j Packet Pg. 265 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 59 Section V: Riverside County Environmental Health Conditions of Approval 9.1.j Packet Pg. 266 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 60 General Conditions 20. 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. 21. Retention Basins. Any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisance. 22. 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. 23. 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 24. 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. 25. Financial Arrangements. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 26. 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. 27. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. Prior to Building Permit Issuance 28. 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 9.1.j Packet Pg. 267 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages) 61 plan 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) 9.1.j Packet Pg. 268 Attachment: PP 2015-251 COAs_FINAL (1577 : McLaughlin Villages)