PC19-440Resolution No. PC 19-440
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE APPROVING EXTENSION OF TIME NO. 2017.003 FOR THE
FIRST DISCRETIONARY ONE-YEAR EXTENSION OF TENTATIVE
TRACT MAP NO. 34600
Whereas, on March 3, 2006, MR 27 LLC, the applicant, filed a formal planning
application with Riverside County for Tentative Tract Map No. 34600 to subdivide 18.3
acres into one lot for condominium purposes for the establishment of 153 detached,
alley loaded single family residential units, one recreational center and one pool for an
overall density of 8.36 dwelling units per acre, for property located south of Watson
Road, east of Malone Avenue and to the west of Briggs Road; and,
Whereas, on February 5,2008, the Riverside County Board of Supervisors held
a duly noticed public hearing on Tentative Tract Map No.34600, and at the meeting
approved Tentative Tract Map No. 34600; and,
Whereas, on July '15, 2009, Assembly Bill 333 was signed into law, which
amended Section 65961 and added Section 66452.22 to the Subdivision Map Act
(California Government Code), which automatically extends the life of any tentative map,
for two additional years, if the map approval had not expired by July '15, 2009 but would
expire before January 1,2012. AB 333 applied to Tentative Tract Map No. 34600 and
extended the expiration date of the map to February 5, 2013; and,
Whereas, on July 1 5, 2011 , AB 208 was signed into law, which extended for two
years the life of those tentative maps that had not expired by July 15, 201'l (the date the
new law took effect) and that would have otheruise expired before January 1,2014. AB
208 applied to Tentative Tract tvlap No. 34600 and extended the expiration date of the
map to February 5, 2015; and,
Whereas, on July 11, 2013, AB 116 was signed into law, and automatically
extended the expiration date for any tentative map for an additional two years if the map
was approved on or after January 1, 2000 and had not expired on or before July 13,
2013. AB 116 applied to Tentative Tract Map No. 34600 and extended the expiration
date of the map to February 5, 2017; and,
Whereas, on January 5, 2017, the applicant Rancon Group submitted an
application to the Community Development Department for the first of three one-year
extensions of time for Tentative Tract Map No. 34600; and,
Whereas, on February 1 3, 2019, the City of Menifee Planning Commission, as
part of its Consent Calendar, considered Planning Application No. 20'17-003 for the first
of three one-year extensions for Tentative Tract Map No. 34600 (in compliance with
Ordinance No.460 and the California Subdivision Map Act, which both allow up to five
one-year discretionary extensions of time on maps) and considered materials in the staff
report and accompanying documents; and,
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as
follows:
Section 'l . With regard to Tentative Tract Map No. 34600 and EOT 2017-003, the
Planning Commission hereby makes the following findings:
Resolution for 1 "t EOT for TR34600
EOT 2017-003
1. Consistency with the General Plan. The tentative tract map is consistent with
the General Plan Land Use Map, Specific Plan and applicable General Plan
objectiv e s, pol icies, and program s.
The project has a General Plan Land Use Designation of Specific Plan
(Menifee North Specific Plan No. 260, Planning Area 23A High [Garden
Courtsl). The intent of the Specific Plan land use designation is to recognize
areas where an existing specific plan is in place and to provide policies,
standards and criteria for the development or redevelopment of these areas.
The Specific Plan envisioned garden court residential at a density of
approximately 8.5 dwelling units. The proposed project, 153 condominium
units at a density of 8.36 dwelling units an acre, is consistent with the Specific
Plan.
The project is consistent with the following City of Menifee General Plan
policies:
LU-1.1 Concentrate growth in strategic locations to help preserve rural areas,
create place and identity, provide infrastructure efficiently, and foster the use
of transit options.
The proposed project is located within an urbanized area designated for
residential use, and would, therefore, avoid and/or preserve rural areas of the
City.
Ll)-3.4 Require that approval of new development be contingent upon the
project's ability to secure appropriate infrastructure servrces.
The subdivision includes Conditions of Approval which require appropriate
infrastructure. ln addition, the subdivision has been reviewed and
conditioned for consrstency with the requirements for domestic water, fire
protection, sewage disposal, fences, and electrical communication facilities.
Consistency with Housing Element. The property is identified in the City's
Housing Element as a Housing Opportunity Site for residential with a density
of 8. 1 -14 du/acre Residential (8. 1-14R). This density is anticipated to provide
housing capable of supporting moderate income housing. The proposed
project has a density of 8.36 dwelling units per acre and falls within the
density range identified in the Housing Element. The project is therefore
consistent with the Housing Element.
Consistencv with Multiole SDecies abitat Conservation Plan (MSHCP)
The City of Menifee has two (2) active conservation plans within the City's
boundary, the Western Riverside County MSHCP, and the Stephens'
Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is
within the jurisdiction of the SKR-HCP and the Western Riverside County
MSHCP. The project site is located inside the Stephen's Kangaroo Rat
(Dipodomys stephens,) (SKR) Fee Area. The proposed prolect is located
within the boundaries of the Western Riverside County Multiple Species
Habitat Conservation Plan; however, the pro.ject is not located within a
Criteria Cell or Cell Group. The project will be subject to the payment of fees
Resolution for 1"r EOT for TR34600
EOT 2017-003
for a residential project consistent with Riverside County Ordinance No. 810.2
as adopted by the City of Menifee. Therefore, the project will not conflict with
the provisions of the adopted HCP, Natural Conservation Community Plan, or
other approved local, regional, or State conservation plan and the impact is
considered less than significant.
The project site is surrounded by other properties located in the Menifee
North Specific Plan. To the north, property is within Planning Area 22
(Medium High) and Planning Area 20 (Community Center/Park). Property to
the south is designated Planning Area 238 (Commercial). Planning Area 18
(Medium Residential) and Planning Area 19 (Commercial/Business Park) are
located to the west. Planning Area 24 (Medium-High Residential) and
Planning Area 26 (Medium Residential) are located to the east. The project
is part of a master planned community that incorporates design guidelines
and standards for buffering and screening. The classifications of surrounding
properties are compatible with the Specific Plan designations of the project
site.
The project site is surrounded by other properttes located in the Menifee
North Specific Plan. To the north, property is within Planning Area 22
(Medium High) and Planning Area 20 (Community Center/Park). Property to
the south is designated Planning Area 238 (Commercial). Planning Area 18
(Medium Residential) and Planning Area 19 (Commercial/Business Park) are
located to the west. Planning Area 24 (Medium-High Residential) and
Planning Area 26 (Medium Residential) are located to the east. The project
is part of a master planned community that incorporates design guidelines
and standards for buffering and screening. The classifications of surrounding
properties are compatible with the Specific Plan designations of the project
site.
3. Consistency with Ordinance 460 Regulating the Division of Land.
The tentative tract map proposes a subdivision for condominium purposes of
18.3 acres into one (1) lot to accommodate a proposed condominium project
consisting of 153 dwelling units. The subdivision has been reviewed and
conditioned for consistency with the requirements for lot layout, lot frontage,' streets, domestic water, fire protection, sewage disposal, fences, and
electrical communication facilities. The subdivision is consistent with the map
requirements of Ordinance No. 460.
4. The site is physically suitable for the type of development and the proposed
density of the development.
2. Consistency with the Zoning Code.
The zoning of the project site is the Menifee North Specific Plan No. 260
(Planning Area 23A). The proposed project is for the development of 153
detached condominium units, recreation center and pool. As described
above, the proposed project is consistent with the allowed density of the
Specific Plan. The project is allowed under the Specific Plan. The project is
consistent with the development standards of the Specific Plan.
Resolution for 1 't EOT for TR34600
EOT 2017-003
The subject site is a vacant, relatively flat, previously disturbed site and is
part of a Specific Plan (master planned development). The project site is
surrounded by an existing park, community center and proposed residential
to the north, a future commercial center to the south, future commercial and
residential to the west and future residential to the east. Highway 74 is to the
south of the site, Briggs Road is to the east and Malone Avenue to the west.
The development of the subject site would implement the adopted Specific
Plan and create a development in an existing urban area.
The proposed density of the project is consistent with the Specific Plan, and
the surrounding residential uses mentioned above. Therefore, given the
relatively flat topography of the subject site and the nature of the existing and
planned development that surrounds the project, the site is physically suitable
for this type of development and the proposed density of the development.
5. Approval of the application will not create conditions materially detrimental to
the public health, safety and general welfare.
The public health, safety and general welfare are protected through project
design and conditions of approval. Environmental impacts of the project were
analyzed in a Mitigated Negative Declaration (Environmental Assessment No.
4027 5). The approved mitigation measures have been incorporated by
reference into the conditions of approval. The City of Menifee Community
Development Department and Engineering Department, as part of the review
of this Extension of Time request, determined it necessary to recommend the
addition of new conditions of approval in order to be able to make a
determination that the pro.iect does not adversely affect the general health,
safety and welfare of the public. The applicant has consented to the
additions of those conditions.
6. Compliance with CEQA. Processtng and approval
application are in compliance with the requirements
Environmental Qu ality Act.
of the
of the
extension
California
Additional envrronmental review of the requested extension is not required.
The County adopted Environmental Assessment No. 40275 (Mitigated
Negative Declaration) with the approval of Tentative Tract Map No. 34600.
The previous environmental documents analyzed and mitigated for all
potentially significant effects from the development of the project. The
approved mitigation measures have been incorporated by reference into the
conditions of approval.
Section 2. The Planning Commission of the City of Menifee approves the First
Extension of Time for Tentative Tract Map No. 34600 (2017 -003 EOT) subject to the
following:
(a) The Conditions of Approval set forth in attached Exhibit "A" have been modified
and added for the public health, safety and welfare of the City of Menifee; and
(b) The Conditions of Approval set forth in attached Exhibit "A" supersede all
previous conditions of approval placed on Tentative Tract Map No. 34600 and all
previous conditions of approval placed on Tentative Tract Map No. 34600 are
rendered null and void; and
(c) The Conditions of Approval set forth in attached Exhibit "A" have been agreed to
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC19-440 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 13th of February, 2019 by
the following vote:
Ayes: Diederich, Phillips, Thomas, Madrid, KaruvinNoes: NoneAbsent: NoneAbstain: None
)
)ss
)
p nie Roseen,puty City Clerk
MENIFEE=rE
Planning Application No.:
Project Description:
CONDITIONS OF APPROVAL
Extension of Time No. 2017 -OO3, 2018-017 and 2019-031
to County Approved Tentative Map No. 34600
Tentative Tract Map No. 34600. A subdivision of 18.3
acres into one lot for condominium purposes for the
establishment of 153 detached, alley loaded single family
residential units, one recreational center and one pool for
an overall density of 8.36 dwelling units per acre.
This project is located west of Briggs Road, north of
Highway 74, and east of Malone Road.
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Quimby Category:
Approval Date:
Expiration Date:
APNs: 327-320-016, 017, 018 and 001
Residential - Density between 8. 1 and 14 dwelling unils
per acre
Single Family Unit (see conditions)
Single Family Residential (see conditions)
Single Family DU (see conditions)
February 13, 2019 (Extension Approval)
February 5, 2020
Within 48 Hours of the Approval of This Project
1. Filinq Notice of Determination (No Further Review Required). The
applicanUdeveloper shall deliver to the Plannrng Division a cashier's check
or money order made payable to the County Clerk in the amount of Fifty
Dollars ($50.00) for the County administrative fee, to enable the City to file
the Notice of Determination (that no additional environmental review was
required) as provided under Public Resources Code Section 21152 and
California Code of Regulations Section 1 5063 and 15162. Per Fish and
Wildlife Code Section 711.4(cX3), 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.
lndemnification.Applicant/developer shall indemnify, defend, and hold
harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors,
consultants, and agents from and against any and all claims, liabilities,
2
EXHIBIT "l"
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 applicanUdeveloper and its directors, officers, members,
partners, employees, agents, contractors, and subcontractors of each
person or entity comprising the applicanVdeveloper with respect to the
ownership, planning, design, construction, and maintenance of the Project
and the Property for which the Project is being approved. ln 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.
2
Section I: Conditions applicable to AII Departments
Section ll: Community Development Department
Conditions of Approval
Section lll: Public Works and Engineering Conditions of
Approval
Section lV: Riverside County Fire Department
Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
Section Vl: Community Services Department Conditions
of Approval
l
Section l:
Conditions A licable to all
Departments
4
Permittee, Applicant, Project Permittee(s), Project Develope(s) shalt alt
mean the Permittee of this project.
TENTATIVE MAP = Tentative Tract Map No. 34600, Amended No.3, dated
1124108.
SMALL LOT DEVELOPMENT PLAN = Tentative Tract Map No 34600,
Exhibit D, daled 9121107 . NOTE: The project files for this project do not
contain this exhibit nor is one attached to the staff report packages sent
to the Riverside County Board of Supervisors or Planning Commission.
A Design Manual has been provided electronically by the County and
this is thought to be the "Small Lot Development Plan". The Design
Manual shall serve as the minimum standards for development of thisproject. Modifications or revisions may be necessary to meet the City's
Municipal Code, specifically Chapter 9.86, update elevations of homes
or updates to address changes in the Building Code and Water Quality
requirements.
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
2. Specific Plan Legal Description. No portion of the specific plan which
purports or proposes to change, waive or modify any ordinance or other legal
requirement for the development shall be considered to be part of the adopted
specific plan.
3. 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.
4. Newly lncorporated City. The City of Menifee is a new City incorporated on
October 1, 2008i the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. ln
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
5
General Conditions
1. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative Tract Map No. 34600 shall be
henceforth defined as follows:
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.
5. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the Riverside County Board of Supervisor's original
approval date, unless extended as provided by Ordinance No. 460 or
Subdivision Map Act. Action on a minor change and/or revised map request
shall not extend the time limits of the originally approved TENTATIVE MAP.
The extension of time applications (2017-003, 2018-017 and 2019-031) extend
the life of the map to February 5,2020.
6. Modifications or Revisions. The permittee shall obtain City approval for any
modrfications or revisions to the approval of this project.
6
Section ll:
Gommunity Develo pment
De artment
Gonditions of A roval
7
General Conditions
7. Maintain Areas and Phases of Specific Plan. All planning area and phase
numbers shall be maintained throughout the life of the SPECIFIC PLAN, unless
changed through the approval of a specific plan amendment or specific plan
substantial conformance accompanied by a revision to the complete specific
plan document.
8. Planning Area Density Transfers. Density transfers between Planning Areas
within the SPECIFIC PLAN shall not be permitted, except through the Specific
Plan Amendment process.
9. Project Planning Area Standards. This implementing project is within
Planning Area 23A of the SPECIFIC PLAN (lvlenifee North). Accordingly, this
project is subject to these development standards:
1. There is no minimum lot size for PA23A per the Specific Plan zoning.
2. The maximum number of dwelling units in this planning area is 153.
3. Roadway landscaping is required along Malone Avenue and Briggs Road
per figures lV-17 and lV-18 of the SPECIFIC PLAN.
4. Residential buildings must conform substantially to the design guidelines on
in section lV of the SPECIFIC PLAN.
10. Mitigation Monitoring. The EIR prepared for the SPECIFIC PLAN imposes
specific mitigation measures and monitoring requirements on the project.
Certain conditions of the SPECIFIC PLAN and this implementing project
constitute reporting/monitoring requirements for certain mitigation measures.
1 1. Map Act Compliance. This land division shall comply with the State of
California Subdivision Map Act and to all requirements of Ordinance No. 460,
Schedule A, unless modified by the conditions listed herein.
12. No Offsite Subdivision Signage. No offsite subdivision srgns advertising this
land division/development are permitted, other than those allowed under
Menrfee Municipal Code Chapter 9.76. Violation of this condition of approval
may result in no further permits of any type being issued for this subdivision
until the unpermitted signage is removed.
13. Residential Design Standards. The design standards for the subject parcels
are as follows:
a. Lots created by this map shall conform to the design standards of the
SP zone (SP 260 PA 23A)
b. The front yard setback is 10 feet.
c. The side yard setback is 5 feet.
d. The street side yard setback is 5 feet.
e. The rear yard setback is 0 (zero) feet.
f. The garage setback is 3 feet from the alley curb.
g. The minimum average width of each lot is 60 feet.
h. The maximum height of any building is 50 feet.
i. There is no minimum parcel size.
ti
j. No more than 65% of the useable pad area shall be covered by
structure(s).
j. Residential driveway approaches shall be a minimum of 12 feet and a
maximum of 30 feet in width, and 20 feet of full height curb is required
between driveways within any one property frontage, in accordance with
Ord. No. 461 , Standard No. 207.
EXCEPT AS ALLOWED BY ORDINANCE NO. 348, THERE SHALL BE
NO ENCROACHIMENT INTO THE SETBACK.
14. Parking. Parking was required based on the following criteria from the Specific
Plan:
Total Parking 469 spaces
(48 extra spaces)
ADA Parking Spaces: ADA parking spaces shall be provided consistent with
Building Code requirements.
15. Design Guidelines. The land divider shall comply with the Countywide Design
Standards and Guidelines, the design guidelines of Menifee North Specific
Plan and the Small Lot Development Plan. lf any standards differ, the
Community Development Director shall determtne the applicable standard.
16. Minor Plot Plans Required. For each of the below listed items, a minor plot
plan application shall be submitted and approved by the Community
Development Department pursuant to Section 18.30,a. (1 ) of County Ordinance
No. 348 (Plot Plans not subject to the California Environmental Quality Act and
not subject to review by any governmental agency other than the Community
Development Department) along with the current fee.
1 ) Final Site Development Plan for each phase of development
2) Model Home Complex Plan shall be filed and approved for each phase if
models change between phases. A final site of development plot plan
must be approved prior to approval, or concurrent with a Model Home
Complex Plan.
3) Landscaping Plan for typical front yard/slopes/open space/parks. These
three plans may be applied for separately for the whole tract or for
phases.
2.75 stalls per
unit
306 garage spaces
163 on-street
parking spaces
9
Parking
Standard
Parking
Required Parking ProvidedLand Use
Total parking
Required 421
4) Landscaping plans fully within the road right-of-way shall be submitted to
the Engineering Department only.
5)
6)
7)
Each phase shall have a separate wall and fencing plan
Entry monument and gate plan
Plans shall be in substantial conformance to the Small Lot Development
Plan.
NOTE: The requirements of the above plot plans may be accomplished as one,
or, any combination of multiple plot plans required by these conditions of
approval. However, each requirement shall be cleared individually with the
applicable plot plan condition of approval in the prior to Building Permit
issuance conditions.
17. Construction Hours. Any construction within the city located within onejourth
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.
18. Phased Construction. lf construction is phased, a phasing plan for
construction and landscaping installation shall be approved by the Community
Development Director.
19. 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.
21. Comply with GEO Report 1800. County Geologic Report (GEO) No. 1800,
submitted for this prolect (TR34600), was prepared by EnGEN Corporation and
is entitled: "Geotechnical/Geological Engineering Study, MR 56, APN 327 -320-
001, 007 and 010, Watson Road and Briggs Road, Romoland Area, County of
Riverside", dated August 8, 2005. ln addition, EnGEN Corporation prepared the
following:
"Letter Addressing County Review Comments MR 56, APN 327-320-001, 007
and 010, Watson Road and Briggs Road, Romoland Area, County of Riverside,
California", dated June 20,2007.
This additional report is now included as part of GEO No. 1800
GEO No 1800 concluded:
t0
20. Paseo/Park lmprovement Notification. Adequate notification shall be
provided to any home builder or any other buyer of individual phases of the
TENTATIVE MAP that certain paseo and/or parks are required to be
constructed or improved with the construction of each phase per the conditions
of this project.
1.The report and response determined that the project site is located about 8.8
miles from the active San Jacinto fault zone.
2.The liquefaction potential on this site is considered to be negligible based
upon the deplh of groundwater (greater than 50 feet) and the dense subsoils
encountered on the site.
3.The estimated peak ground acceleration at the site from the design basis (a
6.9 magnitude earthquake on the San Jacinto fault) is 0.539.
GEO No 1800 recommended
1.The seismic factors presented in the report should be used in the design and
construction of the proJect.
2.Alluvial soils and topsoil on the site shall be removed to the depths of 6 feet
below existing ground in the southern portton of the site and I feet below the
existing ground in the north portion of the site, prior to compacted fill
placement.
3.Specific depths of overexcavation shall be determined by the geotechnical
consultant during the site grading operations.
GEO No. 1800 satisfies the requirement for a Geologic/Seismic Study for
Planning /CEQA purposes. GEO No. 1800 is hereby accepted for Planning
purposes. This approval is not intended, and should not be misconstrued as
approval for grading permit. Engineering and other building code parameters
will be reviewed and additional comments and/or conditions may be imposed
by the Building and Safety Department upon application for grading and/or
building permits.
22. ALUC Condition. Pursuant to the Airport Land Use Commission the following
conditions shall apply:
a. Any new outdoor lighting that is installed shall be hooded or shielded so
as to prevent either the spillage of lumens or reflection into the sky.
Outdoor lighting shall be downward facing.
b. The following uses shall be prohibited:
1) Any use which would direct a steady light or flashing light of red,
white, green, or amber colors associated with airport operatrons
toward an aircraft engaged in an initial straight climb following
takeoff or toward an aircraft engaged in a straight final approach
toward a landing al 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
ll
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
cenlers containing putrescible wastes, conslruction and demolition
debris centers, fly ash disposal, and incinerators.)
4) Any use which would generate electrical interference that may be
detrimental to the operation of aircraft and/or aircraft
instrumentation.c. The attached notice shall be provided to all potential purchasers of the
proposed lots and to tenants of the apartments and senior living units.
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 pro.lect landscaping.
FEES
23. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research
fee), or other such review fee as may be in effect at the time of submittai, 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 condrtions the submittal is intended to comply
with.
ARC H EO LO GY/PALEO N TO LOGY
24. Human Remains. lf 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. lf 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.
25. Non-Disclosure of Location Reburials. lt 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 (0., parties, and Lead Agencies, will be asked to
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withhold public disclosure informatton related to such reburial, pursuant to the
specific exemption set forth in California Government Code 6254 (r).
26. Inadvertent Archeological Find.lf 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. Work shall be allowed to continue outside of
the buffer area and will be monitored by additional Tribal monitors if
needed.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Management Plan and Monitonng
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 as identified in Non-Disclosure of Reburial Condition.
v. Pursuant to Calif. Pub. Res. Code $ 21083.2(b) avoidance is the
preferred method of preservation for archaeological resources and
cultural resources. lf 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."
27. Cultural Resources Disposition. ln the event that Native American cultural
resources are discovered during the course of grading (inadvertent
ll
discoveries), the following procedures shall be carried out for final disposition of
the discoveries:
a) One or more of the following treatments, in order of preference, shall be
employed with the tribes. Evidence of such shail be provided to the City of
Menifee Community Development Department:
i. Preservation-ln-Place of the cultural resources, if feasible.
Preservation in place means avoiding the resources, leaving them in the
place where they were found with no development affecting the integrity
of the resources.
ii. Reburial of the resources on the Project property. The measures for
reburial shall include, at least, the following: Measures and provisions to
protect the future rebunal area from any future impacts in perpetuity.
Reburial shall not occur until all legally required cataloging and basic
recordation have been completed, with an exception that sacred items,
burial goods and Native Amerrcan human remains are excluded. Any
reburial process shall be culturally appropriate. Listing of contents and
location of the reburial shall be included in the confidential Phase lV
report. The Phase lV Report shall be filed with the City under a
confidential cover and not subject to Public Records Request.
iii. lf preservation in place or reburial is not feasible then the resources
shall be curated in a culturally appropnate manner at a Riverside County
curation facility that meets State Resources Department Office of Historic
Preservation Guidelines for the Curation of Archaeological Resources
ensuring access and use pursuant to the Guidelines. The collection and
associated records shall be transferred, including title, and are to be
accompanied by payment of the fees necessary for permanent curation.
Evidence of curation in the form of a letter from the curation facility stating
that subject archaeological materials have been received and that all fees
have been paid, shall be provided by the landowner to the City. There
shall be no destructive or invasive testing on sacred items, burial goods
and Native American human remains. Results concerning finds of any
inadvertent discoveries shall be included in the Phase lV monitoring
repod.
28. lnadvertent Paleontological Find. Should fossil remains be encountered
dufl ng site development:
1) All site earthmoving shall be ceased in the area of where the fossil
remains are encountered. Earthmoving activities may be diverted to
other areas of the site.
3) The paleontologist shall determine the significance of the encountered
fossil remains.
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2) The applicant shall retain a qualified paleontologist approved by the
County of Riverside.
4) Paleontological monitoring of earthmoving activities will continue
thereafter on an as-needed basis by the paleontologist during all
earthmoving activities that may expose sensitive strata. Earthmoving
activities in areas of the project area where previously undisturbed strata
wall be buried but not otherwise disturbed will not be monitored. The
supervising paleontologist will have the authority to reduce monitoring
once he/she determines the probability of encountering any additional
fossils has dropped below an acceptable level.
5) lf fossil remains are encountered by earthmoving activities when the
paleontologist is not onsite, these activities will be diverted around the
fossil site and the paleontologist called to the site immediately to recover
the remains.
6) Any recovered fossil remains will be prepared to the point of identification
and identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled
with museum* repository fossil specimen numbers and corresponding
fossil site numbers, as appropriate; places in specimen trays and, if
necessary, vials with completed specimen data cards) and catalogued, an
associated specimen data and corresponding geologic and geographic
site data will be archived (specimen and site numbers and correspondingdata entered into appropriate museum repository catalogs and
computerized data bases) at the museum repository by a laboratory
technician. The remains will then be accessioned into the museum*
repository fossil collection, where they will be permanently stored,
maintained, and, along with associated specimen and site data, made
available for future study by qualified scientific investigators.
LANDSCAPING
29. 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.
30. lnterim 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 (SCAOMD).
31. Landscape Maintenance. The land divider, or any successor-in-interest to the
land divider, shall be responsible for maintenance and upkeep of all slopes,
landscaped areas and irrigation systems within the land divrsion until such time
as those operations are the responsibility of a property owner's association, or
any other successor-in-interest.
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.The City of Menifee musl be consulted on the repository/museum to receive the
fossil material prior to being curated.
Prior to Phasing
32. Preliminary Phase Grading. Prior to the approval of an applrcation 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 lime 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.
33. Lot Access/Unit Plans. Any division into units or phasing of the TENTATIVE
MAP shall provide for adequate vehicular access to all lots in each unit or
phase, and shall substantially conform to the intent and purpose of the land
division approval. No approval for any number of units or phases is given by
this TENTATIVE MAP and its conditions of approval, except as provided by
Section 8.3 (Division into Units) of Ordinance No. 460.
Prior to Final Map
34. Final Map Required. After the approval of the TENTATIVE MAP and prior to
the expiration of said map, the land divider shall cause lhe real property
included within the TENTATIVE MAP, or any part thereof, to be surveyed and a
FINAL MAP thereof prepared in accordance with the cunent Engineering
Department - Survey Division requirements, the conditionally approved
TENTATIVE MAP, and in accordance with Article lX of Ordinance No. 460.
35. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land
surveyor or registered civil engineer.
36. Surveyor Ghecklist. The City Engineering Department - Survey Division shall
review any FINAL MAP and ensure compliance with the following:
A. All lots on the FINAL MAP shall be in substantial conformance with the
approved TENTATIVE MAP relative to size and configuration.
B. There rs no minimum lot size per the Specific Plan zoning ordinance
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C. All lot sizes and dimensions on the FINAL MAP shall be in conformance with
the development standards of the SP260 PA23A zone, and with the City of
Menifee General Plan.
D. All lots on the FINAL MAP shall comply with the length to width ratios, as
established by Section 3.8.C. of County Ordinance No. 460.
E. All knuckle or cul-de-sac lots shall have a minimum of 35 feet of frontage
measured at the front lot line.
37. Agriculture/Dairy Notification. Prior to Map Recordation, the applicant shall
submit a detailed proposal for the notificatlon of all initial and future purchasers
of dwelling units wrthin the subject pro,ect of the existence of dairies and/or
other agricultural uses within one half mile of the property and potential impacts
resulting from those uses. Said notification shall be in addition to any notice
required by Ordrnance No. 625 (Riverside County Right-to-Farm Ordinance).
Said approved nottfication shall be provided to all initial and all future
purchasers of dwelling units within the subject project.
38. Avigation Easements. Areas within the March Air Reserve Base lnfluence
Area shall provide Avigation Easements to March Air Reserve Base.
39. ECS. The land divider shall prepare an Environmental Constraints Sheet
(ECS) in accordance with Section 2.2. E. & F. of Ordinance No. 460, which
shall be submitted as part of the plan check review of the FINAL MAP. A note
shall be placed on the FINAL MAP "Environmental Constraint Sheet affecting
this map is on file at the City of Menifee Public Works and Engineering
Department, in E.C.S Book _, Page _.
40. ECS Note Map Constraint
The following Environmental Constraints Note shall be placed on the ECS
"No permits allowing any grading, construction, or surface alteration shall be
issued which effect the delineated constraint areas without further investigation
and/or mitigation as directed by the City of Menifee Community Development
Department. This constraint affects lots as shown on the Environmental
Constraints Sheet."
41. ECS Note on Dark Sky Lighting. The following Environmental Constraints
Note shall be placed on the ECS:
"This property is subject to lighting restrictions as required by Menifee
Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended
to reduce the effects of night lighting on the Mount Palomar Observatory.
All proposed outdoor lighting systems shall be in conformance with
Menifee Municipal Code Chapter 6."
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F. The common open space areas shall be shown as numbered lots on the
FINAL MAP.
42. ECS Note Right to Farm. The following Environmental Constraints Note shall
be placed on the ECS:
"Unit Nos. 3-6 as shown on this map, are located partly or wholly within,
or within 300 feet of, land zoned for primarily agricultural purposes by the
County of Riverside. lt is the declared policy of the County of Riverside
that no agricultural activity, operation, or facility, or appurtenance thereof,
conducted or maintained for commercial purposes in the unincorporated
area of the County, and in a manner consistent with proper and accepted
customs and standards, as established and followed by similar
agricultural operations in the same locality, shall be or become a
nuisance, private or public, due to any changed condition in or about the
locality, after the same has been in operation for more than three (3)
years, if it wasn't a nuisance at the time it began. The term "agricultwal
activity, operation or facility, or appurtenances thereofl' includes, but is not
limited to, the cultivation and tillage of the soil, dairying, the production,
cultivation, growing and harvesting of any apiculture, or horticulture, the
raising of livestock, fur bearing animals, fish or poultry, and any practices
performed by a farmer or on a farm as incident to, or in coniunction with,
such farming operations, including preparation for market, delivery to
storage or to market, or to carriers for transportation to market."
ln the event the number of lots, or the configuration of lots, of the FINAL
MAP differs from that shown on the approved TENTATIVE MAP, the
actual language used above shall reflect those lots which are partly or
wholly within 300 feet of agriculturally zoned (A-1 , A-2, A-P, A-D)
properties.
43. Maintenance Exhibit. Prior to map recordation, the developer shall prepare
an exhibit that shows all open space lots within the tract and the maintenance
entity for each lot. Where HOA maintained areas abut areas proposed for CFD
maintenance, show a mow curb to delineate the areas. The exhibit shall be
reviewed and approved by the Community Development Department and
Public Works and Engineering Department.
a. A permanent master maintenance organization shall be established for
the tentative tract map area, to assume ownership and maintenance
responsibility for all common recreation, open space, circulation systems
and landscaped areas. The organization may be public (anticipated to
be CFD) or private (e.9., homeowners' association). Merger with an
area-wide or regional organization shall satisfy this condition provided
that such organization is legally and financially capable of assuming the
responsibilities for ownership and maintenance. lf the organization is a
private association, then neighborhood associations shall be established
for each residential development, where required, and such associationsmay assume ownership and maintenance responsibility for
neighborhood common areas.
Iti
44. Common Area Maintenance. Any common areas identified in the
TENTATIVE MAP shall be owned and maintained as follows:
b. Unless otheruvise provided for in these conditions of approval, common
open areas shall be conveyed to the maintenance organization as
implementing development rs approved or any subdivision, as recorded.
c. The maintenance organization shall be established prior to or concurrent
with the recordation of the first land division.
45. Conditions, Covenants and Restrictions (Public Common Areas). lf the
permanent master maintenance organization referenced in the condition
entitled "Common Area Maintenance" is a public organization, the applicant
shall convey lo the public organization (anticipated to be CFD) fee simple title,to all common open space areas, free and clear of all liens, taxes,
assessments, leases (recorded or unrecorded) and easement, except those
easements which in the sole discretion of the public organization are
acceptable. The common areas anticipated to be owned and maintained by a
public organization include, but are not limited to parks, paseos, and expanded
parkway landscaping.
As a condition precedent to the public organization accepting title to such
areas, the applicant shall submit the following documents to the City of l\Ienifee
Community Development Department for review along with the current fee,
which shall be subject to the approval of that department and the City Attorney:
1. A signed and notarized declaration of covenants, conditions and
restrictions; and,
2. A sample document, conveying title to the purchaser, of an individual lot
or unit which provides that the declaration of covenants, conditions and
restrictions is incorporated therein by reference, and,
The declaration of covenants, conditions and restrictions submitted for review
shall a) provide for a minimum term of sixty (60) years, b) provide for the
establishment of a property owners' association comprised of the owners of
each individual lot or unit as tenants in common, and c) contain the following
provisions verbatim:
"Notwithstanding any provision in this Declaration to the contrary, the
following provisions shall apply:
The property owners' association established herein shall, if dormant, be
activated, by incorporation or otheMise, at the request of the City, and
the property owners' association shall unconditionally accept from the City
of Menifee, upon the City's demand, title to all or any part of the 'common
area', more particularly described on Exhibit 'A' attached hereto. The
decision to require activation of the property owners' associatron and the
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3. A deposit equaling three (3) hours of the current hourly fee for Review of
Covenants, Conditions and Restrictions established pursuant to the City's
fee schedule at the time the above referenced documents are submitted
to the Community Development Department for review by the City
Attorney.
decision to require that the association unconditionally accept titie to the
'common area' shall be at the sole discretion of the City
ln the event that the 'common area', or any part thereof, is conveyed to
the property owners' association, the association, thereafter, shall own
such 'common area', shall manage and continuously maintain such
'common area', and shall not sell or transfer such'common area'or any
part thereof, absent the prior written consent of the Community
Development Director of the City or the City's successor-in-interest. The
property owners' association shall have the right to assess the owners of
each individual lot or unit for the reasonable cost of maintaining such
'common area', and shall have the right to lien the property of any such
owner who defaults in the payment of a maintenance assessment. An
assessment lien, once created, shall be prior to all other liens recorded
subsequent to the notice of assessment or other document creating the
assessment lien.
This declaration shall not be terminated, 'substantially' amended, or
property de-annexed therefrom absent the prior written consent of the
Community Development Director of the City of Menifee or the City's
successor-in-interest. A proposed amendment shall be considered
'substantial' if it affects the extent, usage or maintenance of the'common
area' established pursuant to this Declaration.
ln the event of any conflict between this Declaration and the Articles of
lncorporation, the Bylaws, or the property owners' association Rules and
Regulations, if any, this Declaration shall control."
Once approved by the City Attorney, the declaration of covenants,
conditions and restrictions shall be recorded by the Community
Development Department with one copy retained for the case file, and
one copy provided to the City Engineering Department - Survey Division.
46. Conditions, Covenants and Restrictions (Private Gommon Areas). The
common areas anticipated to be owned and maintained by a private
organization include, but are not fimited to walls and fences, recreation center,
pool, park (lawn area), parkway landscaping and slope areas. The land divider
shall submit to the City Attorney (via the Community Development Department)
for review and approval the following documents:
(a) A cover letter identifying the prolect for which approval is sought
referencing the Planning Division case number(s) and identifying one
individual to represent the land divider if there are any questions
concerning the review of the submitted documents;
(b) One copy and one original, wet signed, notarized and ready for
recordation declaration of covenants, conditions, and restrictions
(CC&Rs). Attached to these documents there shall be included a legal
description of the property included within the CC&Rs and a scaled map
or diagram of such boundaries, both signed and stamped by a California
registered civil engineer or licensed land surveyor.
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(c) The declaration of CC&Rs submitted for review shall cover all map
phases, as follows:
(ii) Provide for the establishment of a property owner's association
comprised of the owners of each individual lot or unit; and
(iii)Provide for the ownership of the common area by either the
property owner's association or a permanent public master
maintenance organization.
(d) The declaration of CC&Rs shall contain the following provisions verbatim:
(i) "Notwithstanding any provision in this Declaration to the contrary,
the following provisions shall apply:
The property owners' association established herein shall
manage the 'common areas', more particularly described on
the subdivision map, attached hereto, and shall not sell or
transfer the 'common areas' or any part thereof, absent theprior written consent of the Community Development
Department of the City of Menifee.
The property owners' association shall have the right to assess
the owners of each individual lot or unit for the reasonable cost
of managing such'common area', and shall have the right to
lien the property of any such owner who defaults in the
payment of a management assessment. The property owners'
association established herein shall regulate individual private
lot development standards.
The owners of each individual lot shall be responsrble for
maintaining all landscaping between the curb of the street and
the proposed sidewalk and side yard landscaping between the
curb of the street and proposed fencing, unless the
landscaping is located within a separate common lot.
An assessment lien, once created, shall be prior to all other
liens recorded subsequent to the notice of assessment or
other document creating the assessment lien.
This Declaration shall not be terminated, 'substantially'
amended, or property de-annexed there from absent the prior
written consent of the Community Development Director of the
City of Menifee."
A proposed amendment shall be considered 'substantial' if it
affects the extent, usage, or maintenance of the 'common area'
established pursuant to the Declaration."
(ii)
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(i) Provide for a minimum term of sixty (60) years;
( iii)"ln the event of any conflict between this Declaration and the
Articles of lncorporation, the Bylaws, or the property owners'
association Rules and Regulations, if any, this Declaration shall
control."
(.v)"The management and maintenance of the project site in
accordance with the Storm Water Pollution Prevention Plans
(SWPPPS), Monitoring Programs, and Post Construction
Management Plans to include the following best management
practices (BMPs) to reduce storm water pollution: lnitial residents,
occupants, or tenants of this site shall receive educational
materials on good housekeeping practices which contribute to the
protection of storm water quality. These educational materials
shall be provided by the Riverside County Flood Control and
Water Conservation District and shall be distributed by the
properties owners' association. These materials shall address
good housekeeping practices assocrated with residential
developments, such as:
The street(s) and parking lot(s), more particularly described on
the subdivision map, shall be swept by the property owners'
association at least once a year and shall be swept no later
than October 15th of each year (BMP N6).
(f) Once approved, the copy and the original declaration of CC&Rs shall be
forwarded by the City Attorney and the Community Development
Department. The Community Development Department will retain the one
copy for the case file, and forward the wet signed and notarized original
declaration of covenants, conditions and restrictions to the City Engineer
for safe keeping until the final map is ready for recordation. The City
Engineer shall record the original declaration of CC&Rs in conjunction
with the recordation of the final map.
(S) A sample document conveying title to the purchaser of an individual lot or
unit which provides that the declaration of CC&Rs is incorporated therein
by reference; and
(h) A deposit equaling three hours of the current hourly fee for the review of
the CC&Rs established pursuant to the City's fee schedule at the time the
above referenced documents are submitted to the City Attorney for review
and approval.
FEES
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- Where improper disposal of trash has occurred, the property
owners' association shall take corrective action within forty-
eight hours of discovery (BMP N5).
(e) The City shall be named as a third party beneficiary in the CC&Rs.
47. Fees. Prior to recordation, the Community Development Department shall
determine if the deposit based fees for the TENTATIVE MAP are in a negative
balance. lf so, any unpaid fees shall be paid by the developer/owner and/or the
developer/owner's successor-in-interest.
Prior to ,ssuance f Gradino Permits
48. Rough Grading Plan Review. The Community Development Department
shall review the rough grading plan for consistency with the approved tentative
map and the conditions of approval for the tentative map.
49. Precise Grading Plan Review. The Community Development Department
shall review the precise grading plan for consistency with the approved final
site of development plan and landscaping, irrigation and hardscape plans. The
precise grading plan shall not be cleared by the Community Development
Department until the final site of development plan and landscaping and
irrigation plan has been reviewed and is ready to approve. The precise grading
plan must be consistent with the approved final site of development plan and
landscaping and irrigation plan and any hardscaping plan.
50. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this tract map which must be
satisfied prior to the issuance of a grading permit for review and approval. The
Community Development Director may require inspection or other monitoring to
ensure such compliance.
51. Stephens' Kangaroo Rat (SKR) Fees. PRIOR TO THE ISSAUNCE OF
GRADING PERMITS, whichever comes first, the applicant shall comply with
the provisions of Riverside County Ordinance No. 663, which generally
requires the payment of the appropriate fee set forth in that ordinance. The
amount of the fee required to be paid may vary depending upon a variety of
factors, including the type of development application submitted and the
applicability of any fee reduction or exemption provisions contained ln
Riverside County Ordinance No. 663. Said fee shall be calculated on the
approved development project which is anticipated to be 18.3 acres (gross) in
accordance with TENTATIVE MAP NO. 34600. lf the development is
subsequently revised, this acreage amount may be modified in order to reflect
the revised development project acreage amount. ln the event Riverside
County Ordinance No. 663 is rescinded, this condition will no longer be
applicable. However, should Riverside County Ordinance No. 663 be rescinded
and superseded by a subsequent mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
52. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and
Objective 7 of the Species Account for the Burrowing Owl included in the
Western Riverside County Multiple Species Habitat Conservation Plan, withrn
30 days prior to the issuance of a grading permit, a pre-construction
presence/absence survey for the burrowing owl shall be conducted by a
qualified biologist and the results of this presence/absence survey shall be
provided in writing to the City of Menifee Community Development Department.
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lf it is determined that the project site is occupied by the Burrowing Owl, take of
"active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird
Treaty Act. However, when the Burrowing Owl is present, relocation outside of
the nesting season (March 1 through August 31) by a qualified biologist shall
be required. The City shall be consulted to determine appropriate type of
relocation (active or passive) and translocation sites. Occupation of this
species on the pro.iect site may result in the need to revise grading plans so
that take of "active" nests is avoided or alternatively, a grading permit may be
issued once the species has been actively relocated.
lf the grading permit is not obtained within 30 days of the survey a new survey
shall be required.
lf construction and/or disturbance of the site is suspended for a period of days
(30) days or more, a new survey shall be required.
53. Fees. Prior to issuance of grading permits, the Community Development
Department shall determine if the deposit based fees are in a negative balance.
lf so, any outstanding fees shall be paid by the applicanvdeveloper.
a. Use watering to control dust generation during demolation of structures or
break-up of pavement. The construction area and vicinity (500joot 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 swepUwashed within thirty (30) minutes of
visible dirt deposilion;
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
walered at least twice daily;
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54. 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:
g. Cover stockpiles with tarps or apply non{oxic 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. lnstall wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed twenty-five (25) mph;
l. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed fifteen (15) miles per hour over a thirty (30) minute period or more, so
as to prevent excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to fifteen (15) miles per
hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site,
q. lnstall 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.
55. Noise Mitigation Plan. The project developer shall submit a construction-
related noise mitigation plan to the City for review and approval prior to
issuance of a grading permit. The plan must depict the location of construction
equipment and how the norse from this equipment will be mitigated during
construction of this project, through the use of such methods as (but not limited
to) the following: (Refer to General Plan policy N 12.2.)
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Temporary noise attenuation fencesi
Preferential location of equipmenti and
Use of current noise suppression technology and equipment
ARCHEOLOGY
56. Archaeologist Retained.
Prior to issuance of a grading permit the pOect applicant shall retain a
Riverside County qualified archaeologist to monitor all ground disturbing
activities in an effort to identify any unknown archaeological resources.
The Project Archaeologist and the Tribal monito(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 Archaeologisl and the Tribal monito(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 verrfication, the Community Development
Department shall clear this condition.
ln addition, the Project Archaeologist, in consultation with the Consulting
Tribe(s), the contractor, and the City, shall develop a Cultural Resources
Management Plan (CRMP) in consultation pursuant to the definition in AB52 to
address the details, timing and responsibility of all archaeological and cultural
activities that will occur on the project site. A consulting tribe is defined as a
tribe that initiated the AB 52 tribal consultation process for the Project, has not
opted out of the AB52 consultation process, and has completed AB 52
consultatron with the City as provided for in Cal Pub Res Code Section
21080.3.2(bX1) of A852. Details in the Plan shall include:
a Project grading and development scheduling;
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b. The Project archeologist and the Consulting Tribes(s) shall attend the
pre-grading meeting with the City, the construction manager and any
contractors and will conduct a mandatory Cultural Resources Worker
Sensitivity Training to those in attendance. The Training will include a
brief review of the cultural sensitivity of the Project and the
surrounding area; what resources could potentially be identified during
earthmoving activities; the requirements of the monitoring program;
the protocols that apply in the event inadvertent discoveries of cultural
resources are identified, including who to contact and appropriate
avoidance measures until the find(s) can be properly evaluated; and
any other appropriate protocols. All new construction personnel that
will conduct earthwork or grading activities that begin work on the
Project following the initial Training must take the Cultural Sensitivity
c. The protocols and stipulations that the contractor, City, Consulting
Tribe(s) and Project archaeologist will follow in the event of
inadvertent cultural resources discoveries, including any newly
discovered cultural resource deposits that shall be subject to a cultural
resources evaluation.
57. Native American Monitoring (Soboba). Tribal monitor(s) shall be required
on-site during all ground-disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder
shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno
lndians. 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 Monito(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.
58. Paleontologist Required. This site is mapped in the County's General Plan as
having a high potential for paleontological resources (fossils). Therefore,
PRIOR TO ISSUANCE OF GRADING PERMITS:
The project paleontologist retained shall review the approved development plan
and shall conduct any pre-construction work necessary to render appropriate
monitoring and mitigation requirements as appropriate. These requirements
shall be documented by the project paleontologist in a Paleontological
Resource lmpact Mitigation Program (PRIMP). This PRIMP shall be submitted
to the Community Development Department for review and approval prior to
issuance of a Grading Permit.
lnformation to be contained in the PRIMP, at a minimum and in addition to
other rndustry 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 conductedon an as-needed basis by the project paleontologist during all
earthmoving activities that may expose sensitive strata. Earthmoving
activities in areas of the prolect area where previously undisturbed strata
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Training prior to beginning work and the Project archaeologist and
Consulting Tribe(s) shall make themselves available to provide the
training on an as-needed basis:
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 activitres (project paleontologist).
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 determrnes the probability of encountering fossils
has dropped below an acceptable level.
C. lf the prolect 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. lf fossil remains are encountered by earthmoving activities when the
pro.lect paleontologist is not onsite, these activities will be dive(ed around
the fossil site and the project paleontologist called to the site immediately
to recover the remains.
E. lf fossil remains are encountered, fossiliferous rock will be recovered
from the fossil site and processed to allow for lhe recovery of smaller
fossil remains. Test samples may be recovered from other sampling sites
in the rock unit if appropriate.
F. Any recovered fossil remains will be prepared to the point of
identification and identified to the lowest taxonomic level possible by
knowledgeable paleontologists. The remains then will be curated
(assigned and labeled with museum* repository fossil specimen numbers
and corresponding fossil site numbers, as appropriate; places in
specimen trays and, if necessary, vials with completed specimen data
cards) and catalogued, an associated specimen data and corresponding
geologic and geographic site data will be archived (specimen and site
numbers and corresponding data entered into appropriate museum
repository catalogs and computerized data bases) at the museum
repository by a laboratory technician. The remains will then be
accessioned into the museum. repository fossil collection, where they will
be permanently stored, maintained, and, along with associated specimen
and site data, made available for future study by qualified scientific
investigators.
. The City of Menifee must be consulted on the repository/museum to
receive the fossil material prior to being curated.
G. A qualified paleontologist shall prepare a report of findings made
during all site grading activity with an appended itemrzed 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 poect paleontologist and all other
professionals responsible for the report's content (e.9., Professional Geologist,
Professional Engineer, etc.), as appropriate. Two wet-signed original copies of
the report shall be submitted directly to the Community Development
)a
Department along with a copy of this condition and the grading plan for
appropriate case processing and tracking.
Prior to lgguance of Buildinq Permit
59. 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.
60. Building Plans Required. The developer shall cause building plans to be
submitted to the Building and Safety Department for review and approval by
the Department of Building and Safety - Plan Check Division. Said plans shall
be in conformance with the approved elevations and floor plans.
a. 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.b. Five (5) sels of plan drawings shall be submitted along with three (3)
copies of structural and Title 24 Energy documentation.c. 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.
d. All walkways and sidewalks inside of the development must have grades
that do not exceed 57o running slope and 2% cross slope.e. All exterior lighting shall comply with Menifee Municipal Code Chapter
6.01, "Dark Sky Ordinance".f. All exterior lighting shall fall within current standards.g. Separate plan submittal will be required to Riverside County Fire along
with a formal transmittal rssued by Building and Safety.h. Two (2) copies of an Acoustical Study as described in COA #64
61 . Roof Mounted Equipment. Roof-mounted mechanical equipment shall not be
permitted within the subdivision, however, solar equipment or any other
energy-saving devices shall be permitted with Community Development
Department approval.
62. Utilities Underground. All utility extensions within a lot shall be placed
underground.
63. Building Separation. Building separatron between all buildings shall not be
less than ten (10) feet. Additional encroachments are only allowed as permitted
by the Specific Plan and/or County Ordinance No. 348.
64. Parking. Parking spaces are required in accordance with Ordinance No. 348.
The project has been approved for a minimum of 306 garage spaces and 163
non-garage spaces. All parking areas and driveways shall be surfaced to
current standards as approved by the City of Menifee Engineering Department.
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65. Conform to Final Site of Development Plan. The building plans shall be
consistent with the approved elevations of the final site of development plans.
The building plans shall be reviewed for consistency with the final site of
development plans prior to Building Permit issuance.
66. Acoustical Study. The land divider/permit holder shall cause an acoustical
study to be performed by an acoustical engineer to establish appropriate
mitigation measures that shall be applied to individual dwelling units within the
subdivision to reduce the first and second story ambient interior and exterior
levels to 45 Ldn and 65 Ldn, respectively. The study shall be submitted, along
with the appropriate fee, to the Building and Safety Department for review and
approval. The approved mitigation measures, if any, shall be incorporated into
the final building plans and/or wall and fence plans.
67. Lighting. The final site of development plans and building plans shall show
the location and types of light fixtures that will be within the project site and on
the homes. Lighting fixtures shall be decorative. Shoe-box{ype lighting will
not be allowed. The types of lighting fixtures used shall be subject to
Community Development Department approval.
All parking lot lights and other 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 City of Menifee
Ordinance No. 2009-024 and the General Plan.
MINOR PLANS REQUIRED
68. Landscaping Plans. The land divider/permit holder shall file three (3) 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
and not sub.lect to review by any governmental agency other than the
Community Development Depa(ment), along with the current fee. The plan
shall be in compliance with City Requirements, Menifee Municipal Code
Chapter 15.04 and Chapter 9.86, Ordinance 348 Section 18.12, Sections
19.300 through 19.304., and the TENTATIVE MAP conditions of approval.
The plan shall address all areas and conditions of the tract requiring
landscaping and irrigation to be installed including, but not limited to, slope
planting, common area and/or park landscaping within Open Space Lots and
individual front yard landscaping. Emphasis shall be placed on using plant
species that are drought tolerant and low water using.
1 ) Permanent automatic irrigation systems shall be
landscaped areas requiring irrigation. Low water
encouraged.
installed on all
use systems are
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The plans shall provide for the following:
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 within two years of planting. Screening
trees shall be spaced appropriately to provide adequate screening.
Screening is required along Briggs Road, Malone Road and along the
southern project boundary adjacent to the commercial site.
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 amenitres 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.
8) All basins for drainage and/or water quality shall be screened from view
with landscaping.
9) Front yard typical landscaping plans shall provide a minimum of one (1)
xeriscape option for home buyers.
10) All specimen trees and significant rock outcroppings on the subject
property intended for retention shall be shown on the project's grading
plans. Replacement trees for those to be removed shall also be shown.
'12) Plants with similar water requirements shall be grouped together in order
to reduce excessive irrigation runoff and promote surface filtration, where
possible.
'13) Trees located within the parkway along Briggs Avenue shall be spaced
fifteen feet (15') on center and be at minimum 24" box for sufficient
screening.
The landscaping and irrigation plans shall be mnsistent with the conceptual
plans for the project (Small Lot Development Plans). These plans shall set the
minimum requirements and additional planting may be required as determined
by the Community Development Director.
3l
7) Turf shall be eliminated in areas unless provided for active uses.
1 1) All trees shall be minimum double-staked. Weaker and/or slow-growing
trees shall be steel-staked.
The phasing of the landscaping and irrigation will be reviewed as part of this
minor plot plan review and may be revised or further refined and documented
in the conditions of approval for the landscaping plan.
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 mainlained by the City Community
Facilities District shall be submitted to the Engineering and Public Works
Department.
69. Entry Monument Plans. The land divider/permit holder shall file three (3) sets
of an Entry Monument plot plan to the Community Development Department for
review and approval. At minimum, entries are required at the entrance on
Briggs Road and the southernmost entrance on Malone Road. Said plan shall
be submitted to the Department in the form of a plot plan application pursuant
to Ordinance No. 348, Section 18.30.a.(1 ) (Plot Plans not subject to the
California Environmental Quality Act and not subject to review by any
governmental agency other than the Community Development Department),
along with the current fee. The plan shall be in compliance with Section 18.12,
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
enginee/s scale. lf lighting is planned, the location of lights, their intended
direction, and proposed power shall be indicated.
3) An irrigation plan for the entry monument(s)
4) The entry monument shall be in substantial conformance to the design
guidelines of Specific Plan 260 and the conceptual exhibits (Small Lot
Development Plan).
The monument plan shall be approved prior to issuance of Building Permits.
lf monuments do not accommodate design requirements of the SPECIFIC
PLAN or meet line of sight requirements, Lot Line Adjustment or a Minor
Change to the TENTATIVE MAP may be necessary.
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NOTE; The requirements of this plot plan may be incorporated with any mrnor
plot plan required by the conditions of approval for this subdivision. However,
this ENTRY MONUMENT condition of approval shall be cleared individually.
70. Model Home Complex. A plot plan application shatl be submitted to the
Community Development Department pursuant to Section 18.30.a.(1 ) of
Ordinance No. 348 (Plot Plans not subject to the California Environmental
Quality Act and not subject to review by any governmental agency other than
the Community Development Department), along with the current fee.
The Model Home Complex plot plan shall contain the following elements:
1) An enginee/s scaled plan showing the model home lots, lot numbers,
tract number, and north arrow.
2) Show front, side and reat yatd setbacks
4)
(\
6)
Show detailed fencing plan including height and location
Show typical model tour sign locations and elevation
Three (3) sets of photographic or color laser prints (8" X 10") of the
sample board and colored elevations shall be submitted for permanent
filing and agency distribution after the Community Development
Department has reviewed and approved the sample board and colored
elevations in accordance with the approved Design Manual and other
applicable standards. All writing must be legible. Three (3) matrix sheets
showing structure colors and texture schemes shall be submitted.
7) Provide a Model Home Complex landscape and irrigation plan.
NOTES: The Model Home Complex plot plan shall not be approved without
Final Site Development Plan approval, or concurrent approval of both. See the
Community Development Department Model Home Complex application for
detailed requirements.
The requirements of this plot plan may be incorporated with any minor plot plan
required by the subdivision's conditions of approval. However, this MODEL
HOME COMPLEX condition of approval shall be cleared individually.
The applicant will be required to enter into a model home complex agreement
with the City of Menifee. The agreement stipulates terms for removal of the
complex.
The model home complex plan shall be approved prior to issuance of a
Building Permit.
71. Final Site of Development Plan. A plot plan application shall be submitted to
the Community Development Department pursuant to Section 18.30.a.('l) of
Ordinance No. 348 (Plot Plans not subject to the California Environmental
33
3) Provide two dimensioned off street parking spaces per model and one
parking space for office use. The plan must have one accessible parking
space.
Quality Act and not subject to review by any governmental agency other than
the Community Development Department), along with the current fee.
The final site of development shall conform to the approved tentative map and
shall conform to the Small Lot Development Plan, Specific Plan Design
Guidelines and Countywide Design Guidelines. The Small Lot Development
Plan shall set the minimum standard for the elevations and floor plans.
However, elevations and floor plans shall be reviewed by staff and subject to
additional corrections or enhancements.
The plot plan shall be approved by the Community Development Director prior
to issuance of Building Permits for lots included within that plot plan.
The plot plan shall contain the following elements:
1) A final site plan (40' scale precise grading plan) showing all lots, building
footprints, setbacks, mechanical equipment and model assignments on
individual lots.
2) Each model floor plan and elevations (all sides)
3) Three (3) sets of photographic or color laser prints (8" x 10") of the
sample board and colored elevations shall be submitted for permanent
filing and agency distribution after the Community Development
Department has reviewed and approved the sample board and colored
elevations in accordance with the approved Design Manual and other
applicable standards. All writing must be legible. Three (3) matrix sheets
showing structure colors and texture schemes shall be submitted.
4) All required trash enclosures shall be appropriately located on the Final
Site of Development Plan (Plot Plan).
5) The colors and materials on adjacent residential structures should be
varied to establish a separate identity for the dwellings. A variety of colors
and textures of building materials is encouraged, while maintaining overall
design continuity in the neighborhood. Color sample boards shall be
submitted as a part of the application and review process.
6) All new residences with garages shall be provided with roll-up (i.e. on
tracks) garage doors (either sectronal wood or steel).
NOTE: The requirements of this plot plan may be incorporated with any minor
plot plan required by this subdivision's conditions of approval. However, this
FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared
individually.
72. Recreation Center. The land divider/permit holder shall file five (5) sets of a
recreation center plan to the Community Development Department for review
and approval. Said plan shall be submitted to the Department in the form of a
minor plot plan, along with the current fee. The plan shall be in compliance with
the Specific Plan Design Guidelines, Small Lot Development Plan and the
34
TENTATIVE MAP conditions of approval. The Small Lot Development plan
shall set the minimum requirements for the design and amenities for the center.
Additional enhancements may be required upon review by staff.
The private recreation center should be a minimum of 2,000 sq. ft. This should
consist of the roofed/covered areas attached to the building and not just the
inlernal square footage of the building.
The private recreation center facility should provide a variety of amenitres
interior and exterior of the building. These amenities may include but not be
limited to an exercise facility, games room, television room, kitchen, banquet
room, conference room for the interior and natural gas or propane fueled grills,
picnic tables, spa, spray park, and dog run for the exterior area.
73. Wall and Fence Plan. The land divider/permit holder shall file three (3) sets of
a Wall/Fencing Plan to the Community Development Department for review
and approval. Said plan shall be submitted to the Department in the form of a
plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1 ) (Plot
Plans not subject to the California Environmental Quality Act and not subject to
review by any governmental agency other than the Community Development
Department), along with the current fee. The plan shall be in compliance with
the Specific Plan Design Guidelines and the TENTATIVE MAP conditions of
approval.
1. The plan shall show all project fencing including, but not limited to, perimeter
fencing, side and rear yard fencing, and open space or park fencing. A typical
frontal view of all fences shall be shown on the fencing plan.
2. All utility service areas and enclosures shall be screened from view with
landscaping or decorative barriers or baffle treatments, as approved by the
Community Development Department.
3. The walls and fencing shall be compatible with the Small Lot Development
Plan; however, staff may require revisions based upon review of the wall and
fence plan.
4. The wall and fence plans shall be consistent with any acoustical study
approved for the proposed project. The approved acoustical study requires a 7
and one-half foot high noise barrier (masonry block walls or combination berm
and block wall) along the eastern site boundary (Briggs Road) of lots 116, 117,
122 and 123. A five foot high block wall is required on the western site
boundary (Malone Ave) of lots 3, 4, 41,42, 55, 56, 63, 76, 77,86, and 87.
5. The pedestrian access points located along the perimeter of the pro.iect
adjacent to the proposed community center park are preferred to be left open,
but may be gated at the discretion of the homebuilder or homeowner's
association.
6. Retaining walls shall be constructed of decorative block or otherwise
enhanced (one-sided) and include a masonry cap (no rolled mortar).
35
NOTE: The requirements of this plot plan may be incorporated with any minor
plot plan required by the conditions of approval for this subdivision. However,
this WALL/FENCING PLAN condition of approval shall be cleared individually.
LANDSCAPING
74. Front Yard Landscaping. All front yards shall be provided with landscaping
and automatic irrigation as defined by County Ordinance No. 348. Landscaping
and lrrigation shall comply with the Menifee Municipal Code Chapter 15.04 and
Chapter 9.86 and the Riverside County Guide to California Friendly
Landscaping provided that said ordinance has been amended to address
residential tracts. The front yard landscaping must be installed prior to final
occupancy release.
75. Performance Securities. Performance securities for common area
landscaprng, 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 lo 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.
76. Landscape lnspection 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 lnspections. The amount of hours for the lnspections will be
determined by the Community Development Department's Landscape
personnel prior to approval of the requisite Minor Plot Plan for Planting and
lrrigation.
FEES
77. 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. lf so, any outstanding fees shall be paid by the permittee.
78. Romoland School District. The applicant shall be required to pay school
impact mitigation fees or fund school site acquisition and/or facility construction
with proceeds from the Mello-Roos Community Facilities District. Community
Facilities District (CFD) 91-1 has been formed which covers the entire
Romoland School District. The CFD Report specifies the amounts of school
fees to be paid, provides methods of tax apportionment and establishes the
maximum amount of bonds to be sold. The project applicants has agreed to
comply with the terms of the Resolution of Formation of the CFD.
36
79. Perris Union High School District. lmpacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
80. Quimby Fees. Payment of in-lieu fees and dedication of parkland.Ihe
proposed subdivision will fulfill Quimby obligations through a combination of
land dedication and the payment of in-Ieu 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.
81. 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 Developmenl Department.
82. Fencing and Wall Compliance. Fencing shall be provided throughout the
subdivision in accordance with the approved final site development plans
and/or walls and fencing plan.
83. Entry Monuments. Prior to the first occupancy within the tract, entry
monuments shall be installed in accordance with the approved entry monument
plans.
84. 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.
85. Driveways. The land divider/permit holder shall cause all driveways to be
constructed of cement concrete.
86. Roll Up Garage Doors. All residences shall have automatic roll-up garage
doors.
87. Final Planning lnspection. The permittee shall obtain final occupancy sign-off
from the Planning Division for each Building Permit issued by scheduling a final
Planning inspection prior to the final sign-off from the Building Department.
Planning staff shall verify that all pertinent conditions of approval have been
met, including compliance with the approved elevations, site plan, walls and
fencing and landscaping.
88. Notification to Surrounding Property Owners
The developer shall provide notification to all initial and future purchasers of
dwelling units within Lots adjacent to parks and paseos (as shown on the
tentative map), to advise that there will be a parks and paseos nearby and
inform them of the potential impacts (possible noise, and that on street parking
may be used by people visiting the parks from time to time).
89. Archeology Report - Phase lll and lV. Prior to final inspection, the
developer/permit holder shall prompt the Project Archeologist to submit two (2)
31
Prior to Final lnspection
copies of the Phase lll Data Recovery report (if required for the Project) and
the Phase lV Cultural Resources Monitoring Report that complies with the
Community Development Department's requirements for such reports. The
Phase lV 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 lnformation Center (ElC) at the University of California Riverside
(UCR) and one (1) copy shall be submitted to the Pechanga and Soboba
Cultural Resources Departments.
LAA'DSCAP"VG
90. Soil Management Plan
The permittee shall submit a Soil Management Plan (Report) to the Community
Development Department before the Landscape lnstallation lnspection. The
report can be sent in electronically. lnformation 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?"
91. Landscape/lrrigation lnstall lnspection
The permittee landscape architect responsible for preparing the Landscaping
and lrrigation Plans shall arrange for a Pre-Landscape installation inspection
and a Landscape Completion lnstallation lnspection 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 lnspection
will also be required for common area landscaping. The Community
Development Department will require a deposit in order to conduct the
landscape inspections.
93. 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
3u
92. Landscape lnstallation. All required landscape planting and irrigation, shall
have been installed in accordance with approved Landscaping, lrrigation, and
Shading Plans, Menifee Municipal Code Chapter 15.04 and 9.86 (as adopted
and any amendments thereto), Eastern Municipal Water District requirements
and the Riverside County Guide to California Landscaping. All landscape and
irrigation components shall be in a condition acceptable to the Community
Development Depa(ment. 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.
inspections reveal landscape deficiencies that were not apparent during the
plan review process.
FEES
94. 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.
ln 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.
95. MSHCP Fees. Prior to the issuance of either a certificate of occupancy or priorto Building Permit final inspection, the applicant shall comply with the
provisions of Ordinance No. 810, which requires payment of the appropriate
fee set forth rn 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.
ln 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.
96. Fees. Prior to issuance of occupancy/final inspections, the Community
Development Department shall determine if the deposit based fees for pro;ect
are in a negative balance. lf so, any outstanding fees shall be paid by the
permittee.
97. Recreation Center. Prior to issuance of the 75rh building permit, the recreation
center, including the pool, all landscaping and irrigation shall be installed,
inspections completed and passed, and open to the residents of the
community.
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Prior to lssuance of Given Buildinq Permit or Occupancv
98. Lawn. Prior to issuance of the 75'h building permit, all landscaping and
irrigation within the area noted as "Lawn" on the tentative map, shall be
installed, inspections completed and passed and open to the residents of the
community.
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Section lll: Public
Works/Enqineerin q Gonditions of
Approval
4t
1
The following are the Public Works Engineering Department Conditions of Approval for
this project which shall be satisfied at no cost to the City or any other Government
Agency. All questions regarding the intent of the following conditions shall be referred to
the Public Works Engineering Department, Land Development Section. The
developer/property owner shall use the standards and design criteria stated in the
following conditions, and shall comply with all applicable City of Menifee standards and
ordinances. Should a conflict arise between City of Menifee standards and design
criteria, and any other standards and design criteria, those of the City of Nilenifee shall
prevail.
A. GENERAL
SUBDIVISION MAP ACT. The developer/property owner shall comply with the State
of California Subdivision Map Act.
MYLARS. All improvement plans and grading plans shall be drawn on twenty-four
(24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer and/or
other registered/licensed professional as required.
PLAN CHECK SUBMITTAL FORMS. Appropriate plan check submittal forms shall
be completed and required plan copies, necessary documents, references, fees,
deposits, etc. shall be submitted as outlined in City approved submittal forms. All
large format plans shall be bulk folded when feasible to 9"x12". Electronic copies in
CDs of all submitted items may be required with each plan check as determined by
the PW Engineering Department. A scanned image of all final approved grading and
improvement plans shall be provided to the City, and in format acceptable to the City.
ACAD files 2004 or later are required for all final maps upon approval.
PLAN SUBMITTAL AND APPROVAL. lmprovement plans and grading plans shall
be submitted with necessary supporting documentation and technical studies
(hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the PW
Engineering Department for review and approval. All submittal shall be signed and
stamped by the Engineer of records. The plans must receive PW approval prior to
final map recordation; or issuance of any construction permit, grading permit, or
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4
building permits as applicable and as determined by the PW Director. All submittals
shall include a completed Citv Fee or Deposit Based Worksheet and the aoorooriate
lan check. For im rovemen d n m tn ined
5
Riverside County Flood Control District, improvement plans rnust lece
approval prior to final mao recordation or as determined bv the District
AS-BUILT PLANS. As-Built plans are required for all improvement plans. The
developer/prope(y owner shall cause the civil engineer of record to submit project
base line of work for all layers in Auto CAD DXF format on Compact Disc (CD) to the
Public Works Department. lf the required files are unavailable, the
developer/property owner shall pay a scanning fee to cover the cost of scanning the
as-built plans. The timing for submitting the as-built plans shall be as determined by
the Public Works Director/City Engineer.
CONSTRUCTION TIMES OF OPERATION. The developer/property owner shall
monitor, supervise, and control all construction and construction related activaties to
prevent them from causing a public nuisance including, but not limited to, strict
adherence to the following:
(a) Any construction within the city located within one-fourth mile from an occupied
residence shall be permitted Monday through Saturday, except on nationally
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7
recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction
permitted on Sunday or nationally recognized holidays unless approval is
obtained from the City Building Official or City Engineer.
(b) Removal of spoils, debris, or other construction materials deposited on any public
street no later than the end of each working day.
(c) The construction site shall accommodate the parking of all motor vehicles used
by persons working at or providing delrveries 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. ln 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
activrties are in conformance with these conditions.
(d) A Pre-Construction meeting is mandatory with the City's Public Works lnspection
prior to start of any construction activities.
BOND AGREEMENTS, GRADING AND IMPROVEMENT SECURITY. ThE
developer/property owner shall enter into bond agreements and post security in
forms acceptable to the City, guaranteeing the construction of all required grading
and improvements in accordance with applicable City policies and ordinances, andas 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, landscaping within
right of way or dedicated easements, water quality BMPs, and storm drainage
facilities.
EXISTING AND PROPOSED EASEMENTS. The submitted tentative tract map shall
correctly show all existing and proposed easements, traveled ways, and drainage
courses with appropriate Qs. Any omission or misrepresentation of these documents
may require said tentative tract map to be resubmitted for further consideration.
General Conditions
9. INTRODUCTION. lmprovement such as grading, filling, over excavation and re-
compaction, and base or paving which require a grading permit are sub.iect to the
Public Works Department conditions of approval stated herein.
10. ORDINANCE 457 and SP 260. Notwithstanding anything to the contrary proposed
by SP 260 all grading shall conform to the latest edition of the California Building
Code, City General Plan, City adopted County Ordinance 457 and all other relevant
laws, rules and regulations governing grading in Riverside County.
The development standards of Specific Plan No. 260 shall be complied with.
'l 1. OBEY ALL GRADING REGULATIONS. All grading shall conform to the latest
edition of the California Building Code, City adopted County Ordinance 457, and all
other relevant laws, rules and regulations governing grading in Riverside County.
Prior to commencing any grading involving 50 or more cubic yards of dirt, the
applicant shall obtain a grading permit from the Public Works Engineering
Department.
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B. GRADING
12. GRADING PERMIT FOR DISTURBED SOIL. Ordinance 457 requires a grading
permit prior to clearing, grubbing or any top soil disturbances related to construction
grading.
13. DUST CONTROL. All necessary measures to control dust shall be implemented by
the developer during grading. Fugitive dust shall be controlled in accordance with
Rule 403 of the California Air Quality Control Board.
14. COMPLIANCE WITH SPECIFIC PLAN SP 260. All subsequent subdivisions and
specific land uses related to SP 260 shall comply with the recommendations of SP
260 and all its conditions of approval and shall reference themselves to it.
15. 2:1 MAX SLOPE RATIO. Grade slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved by the PW Engineering
Department.
16. EROSION CONTROL AFTER GRADING. Temporary erosion control measures
shall be implemented immediately following rough grading to prevent deposition of
debris onto downstream properties or drainage facilities. Plans showing erosion
control measures may be included as part of the grading plans, or submttted as a
separate set of plans for City review and approval. Graded but undeveloped land
shall provide, in addition to erosion control planting, any drainage facilities deemed
necessary to control or prevent erosion. Additional erosion protection may be
required during the rainy season.
17. MINIMUM DRAINAGE GRADE. Minimum drainage grade shall be 1% except on
Portland cement concrete where 0.35% shall be the minimum.
18. 100 YR DRAINAGE FACILITIES. All drainage facilities shall be designed to
accommodate 100 year storm flows or as approved by the PW Engineering
Department.
19. SLOPE SETBACKS. Observe slope setbacks from buildings and property lines per
the California Building Code - as amended by City adopted County Ordinance 457.
20. RETAINING WALLS. Lots which propose retaining walls will require separate
permits. They shall be obtained prior to the issuance of any other building permits,
unless otherwise approved by the PW director. The walls shall be designed by a
registered civil engineer unless they conform to the City standards for retaining walls
and specification.
21. CRIBWALLS. Cribwall (retaining) walls shall be designed by a qualified professional
who shall provide the following information for review and approval. This shall be in
addition to standard retaining wall data normally required. The plans shall clearly
show: soil preparation and compaction requirements to be accomplished prior to
footing-first course installation, method/requirement of footing/first course installation,
properties of materials to be used [i.e. Fc=2500 p.s.i] Additionally special inspection
by the manufacturing/dealer and a registered special inspector will be required.
22. DRAINAIGE & TERRACING. Provide drainage facilities and terracing in
conformance with the California Building Code's chapter on "Grading."
23. ARCHAEOLOGY. Given the element of uncertainty of any archaeological survey
due to the "underground" dimension, it is required that should archaeological
materials be found during grading activities, a qualified archaeologist shall be
retained for their evaluation.
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24. NO GRADING & SUBDIVIDING. lf mass grading of the entire Specific plan site is
proposed, UNDER A SUBDIVISION OR LAND USE CASE ALREADY APPROVED
FOR THIS SPECIFIC PLAN, at the same time that application for further subdivision
of its parcels is being made, an exception to Ordinance 460, Section 4.4b, shall be
obtained from the Planning Director prior to issuance of the mass grading permit
(Ordinance 460, Section 3.1)THIS EXCEPTION WILL NOT APPLY TO ANy CASE
HAVING ONLY AN APPROVED SPECIFIC PLAN,
Graded slopes shall be designed in conformance with SP 260 requirements stated in
EIR 329 page lll-34 (ITEMS 6&7).
Prior to issuance of a grading permit, all certifications affecting grading shall have
written clearances. This includes, but not limited to additional Environmental
Assessments, Erosion Control plans, additional geotechnical and soils reports,
Departmental clearances and the amount being graded. This applies as these are
requirements of the specific plan, EIR or a condilion of approval.
Landscape plans are to be signed and bonded per the requirements of Ordinance
457, see loffn 284-47 .
25. SLOPE STABILITY REPORT. A slope stability report shall be submitted to the PW
Engineering Department for all proposed cut and fill slopes steeper than 2:1
(horizontal:vertical) or over 10 feet in vertical height.
26. GRADING DRAINAGE SITE
Positive drainage of the site shall be provided, and water shall not be allowed to
pond behind or flow over cut and fill slopes. Where water is collected in a common
area and discharged, protection of the native soils shall be provided by planting
erosion resistant vegetation, as the native soil is susceptible to erosion by running
water.
. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical.. A detailed slope stability investigation shall be performed for areas relative to
development which is adjacent to the steep hillside (Double Butte margin) area
prior to issuance of grading permits.. Final determination of the foundation characteristics of soils within on-site
development areas shall be performed by a geotechnical engineer.o Prior to issuance of grading permits, a seismic refraction survey shall be
conducted to evaluate the ripability characteristics of the bedrock on-site
indicating the approximate ripability of the bedrock materials at various depths for
grading purposes.
Prior to Gradinq Permit lssuance
27. NPDES/SWPPP. Prior to approval of grading plans, the applicant shall obtain a
General Construction Activity Storm Water Permit from the State Water Resources
Control Board (SWRCB) in compliance with the National Pollutant Discharge
Elimination System (NPDES) requirements. Proof of filing a Notice of lntent (NOl) to
construct shall be provided by the developer, and the State issued Waste Discharge
lD number WDID#) shall be shown on the title sheet of the grading plans. The
developer/property owner shall prepare and upload a Storm Water Pollution
Prevention Plan (SWPPP) into the State's SMARTS database system. The
developer/property owner shall also be responsible for updating the SWPPP to
constantly reflect the actual construction status of the site. A copy of the SWPPP
shall be made available at the construction site at all times until construction is
45
completed and the Regional Board has issued a Notice of Termination (NOT) for the
development.
28. SWPPP FOR INACTIVE SITES. The developer/property owner shall be responsible
for ensuring that any graded area left inactive for a long period of time has
appropriate SWPPP BMPs in place and in good working conditions at all times until
construction is completed and the Regional Board has issued a Notice of
Termination (NOT) for the development.
29. CONSTRUCTION NOISE LEVELS. Residential, commercial and Business Park
uses along Menifee Road, Briggs Road, and Route 74 may experience noise levels
over 65 CNEL without some form or mitigation. Mitigation measures are needed to
reduce on-site levels in outdoor and indoor residential areas exposed to exterior
ambient noise levels greater than 65 CNEL. Therefore, a more detailed noise
analysis will be warranted when development plans are developed for areas along
these roadways. As stated in Section lll.A.1.b, Comprehensive Land Use Plan
Development Standards (No. 22), "Prior to the issuance of final grading plans for
individual planning areas, a detailed noise analysis shall be prepared to determine
the height and location of noise barriers needed to achieve acceptable noise levels.
This condition shall apply to all planning areas in the Menifee North Specific Plan
adjacent to Menifee Road, Briggs Road and Route 74. This includes Planning Areas
21, the proposed elementary schools adjacent to Briggs Road. Mitigation measures
for the school can include construction of a sound wall and sound insulation for the
buildings.
30. GRADING CONDITIONS. GRADING CONDITIONS TO BE FULFILLED PRIOR TO
ISSUING A BUILDING PERMIT:
Prior to issuance of any building permit, the property owner shall obtain a grading
permit and approval to construct from the Building and Safety Department.
31. GRADING BONDS. Grading in excess of 199 cubic yards will require performance
security to be posted with the PW Engineering Department.
32. SLOPE EROSION CONTROL PLAN. Erosion control or landscape plans, required
for manufactured slopes greater than 3 feet in vertical height, are to be signed by a
registered landscape architect and bonded per the requirements of Ordinance 457.
33. GEOTECHNICAL/SOILS REPORTS. Geotechnical soils reports, required in order to
obtain a grading permit, shall be submitted to the PW Engineering Department for
review and approval prior to issuance of a grading permit.
All grading shall be in conformance with the recommendations of the
geotechnical/soils reports as approved by PW Engineering Department.*
.The geotechnical/soils, compaction and inspection reports will be reviewed in
accordance with the RIVERSIDE COUNTY GEOTECHNICAL GUIDELINES FOR
REVIEW OF GEOTECHNICAL AND GEOLOGIC REPORTS,
Technical reports previously submitted and approved by the Riverside County shall
be updated and submitted to the City of Menifee PW Engineering department for
review and approval prior to issuance of a grading permit. lf no technical report has
been previously submitted, a new report shall be submitted for review and approval
by the PW Engineering Department.
34. SUBSIDENCE STUOY. Prior to issuance of grading permits, the following special
geologic studies shall be submitted to the PW Engineering Department.
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A geologic/geotechnical investigation report to address the potential impact of
subsidence on this project. This report may be included as part of the
Geologic/Geotechnical report required for the grading permit as described elsewhere
in this conditions set. Note: A copy of the report and the grading plans should be
provided to the City's PW Director/City Engineer for review as part of the grading
permit plan check process.
35. DRAINAGE DESIGN Q100. All grading and drainage shatt be designed in
accordance with Riverside County Flood Control & Water Conservation District's
conditions of approval regarding this application. lf not specifically addressed in their
conditions, drainage shall be designed to accommodate 100 year storm flows.
Additionally, the conceptual grading plan reviewed and approved for this project shall
comply with the project's approved WQMP Water Quality Management Plan).
36. OFFSITE GRADING. Prior to the issuance of a grading permit, it shatt be the sole
responsibility of the owner/applicant to obtain any and all proposed or required
easements and/or permissions necessary to perform the grading herein proposed.
37. IMPORT/EXPORT. ln instances where a grading plan involves import or export, prior
to obtaining a grading permit, the applicant shall have obtained approval for the
imporUexport location from the PW Engineering Department. lf an Environmental
Assessment did not previously approve either location, a Grading Environmental
Assessment shall be submitted to the Planning Director for review and comment,
and to the PW Engineering Department Director for approval. Additionally, if the
movement of imporUexport occurs using City roads, review and approval of the haul
routes by the PW Engineenng Department will be required.
Priqr to Buildinq Permit lssuance
38. GRAOING PERMIT PRIOR TO BUILDING. Prior to issuance of any building permit,
the property owner shall obtain a grading permit and/or approval to construct from
the PW Engineering Department.
Prior to lssuance of Certificate of Occuoancv
39, PLANT & IRRIG SLOPES GRADING CONDITIONS TO BE FULFILLED PRIOR TO
FINAL OCCUPANCY APPROVAL:
Plant and irrigate all slopes greater than or equal to 3' in vertical height with grass or
ground cover. Slopes that exceed 15' in vertical height are to be provided with
shrubs and/or trees per City Ordinance 457.
40. MANUFACTURED SLOPES 4:1 OR STEEPER. Plant and irrigate all manufactured
slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical
height with grass or ground cover; slopes 15 feet or greater in vertical height shall be
planted with additional shrubs or trees as approved by the PW engineering
Department.
41. 1l2"lFTl3FT MINIMUM. Finish grade shall be sloped to provide proper drainage
away from all exterior foundation walls. The slope shall be not less than one-half inch
per foot for a distance of not less than 3 feet from any point of exterior foundation.
Drainage swales shall not be less lhan 1 112 inches deeper than the adjacent finish
grade at the foundation.
42. FINISH GRAOE. Finish grade shall be sloped to provide proper drainage away from
all exterior foundation walls. The slope shall not be less than one-half inch per foot
47
for a distance of not less than 3 feet from any potnt of exterior foundation. Drainage
swales shall not be less lhan 1 '/, inches deeper than the adjacent finish grade at the
foundation.
43. FINAL GRAOE 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.
44. 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 elevations shown on the approved grading plans.
C. DRAINAGE
General Conditions
45. RIVERSIDE COUNTY FLOOD CONTROL DISTRICT IMPROVEMENTS. AII
improvements shall be constructed in accordance with applicable standards of the
Riverside County Flood Control District, and as approved by the City of Menifee PW
Director.
The proposed Riverside County and Flood Control District's Master Drainage Plan
(MDP) (Figure V-7) incorporates MDP improvements designed to reduce the impacts
of increased surface runoff and provide 10O-year flood protection to the project. lt is
anticipated that many of those facilities will be constructed as part of the conditions
of approval and at the discretion of the RCFCD and the City of Menifee. Credit
against drainage fees will be given to the developer for all ADP facilities constructed,
in accordance with the policies and procedures adopted by the RCFCd with regards
to the MDP/ADP program.
The site lies within the boundaries of the Homeland and Romoland Area Drainage
Plans and will be subject to a per acre assessment fee, thereby contributing to
regional drainage mitigation programs in the area.
lf required by RCFCD, a floodplain analysrs for existing conditions will be performed
to the satisfaction of the RCFCD utilizing the US Army Corps of Engineers HEC-2
computer program, or equivalent program approved by RCFCD. As development
occurs within the floodplain, the alteration of the floodplain must also be determined
under developed conditions.
46. MAP FLOOD HAZARD REPORT.
Tract 34600 is a proposal to subdivide '18.3-acres into 153 condominium units on
one lot located in the Romoland area. The 18.3-acre site is located on the south of
Watson Road, east of Malone Avenue, west of Briggs Road and approximately 750
feet north of Highway 74.
The project was originally approved by the Riverside County Board of Supervisors on
June 14, 2006, prior to City incorporation. The site lies in an area, which at the time
of project approval, had little or no flood control improvements. Offsite runoff from the
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northeast is tributary to the site. Runoff from the project naturally drains ln a
southwesterly direction toward highway 74.
At the time the poect was approved, the site did not have an adequate ouflet.However, the construction of backbone facilities proposed by the
Homeland/Romoland Master Drainage Plan (MDP), would provide an adequate
outlet. At the time prolect was approved several conditions were imposed that
include the following:
a. This development will be conditioned to wait for or cause the construction of the
ultimate version of Romoland Line A from Menifee Road to the l-215 freeway, and
the interim version of Line A from the l-215 freeway to the San Jacinto River. lnterim
Line A shall be defined as the version proposed by the MDP. This development shall
construct Romoland Line A-3 as proposed by Homeland/Romoland MDP. ln addition,
this development shall construct Line A -3d (not part of the CFD) to Line A-3, or as
approved by the Riverside County Flood Control District.
b. The site is subject to local tributary storm flows from the park site on the northeast. A
storm drain and catch basins are proposed within site to collect and convey the flows
to Master Plan Storm drainage facilities per Romoland. The engineer has submitted
supplemental information showng that this lateral may need to extend westerly and
southerly of Tract 34600 to assure collection. Final design shall show that flows in
existing Malone Road do not overtop the road.
c. This site receives offsite flows from a drainage area of approximately 6-acres along
the northeast boundary of this site from the park site adjacent to this site. This
development proposed to direct these flows to the property south and west along the
Malone Avenue which is connected to the Master plan storm drainage facilities per
Romoland.
d. The water quality plan proposes a several detention basin to treat onsite flows. The
general size, shape, and location of the proposed basin is sufficient to mitigate the
impacts of the development. Final design of the basin will not be required until the
improvement plan stage of this development. The basin may need minor
modifications at the plan check stage in order to comply with the Districts water
quality basin design criteria.
e. A copy of the Preliminary Project-Specific WQMP approved at the time of project
approval shall be submitted to the PW Engineering Department for conststency
review with a FINAL project specific WQMP required at final engineering stage of the
development.
47. ADP FEES. TRACT 34600 is located within the bounds of the Homeland/Romoland
Area Drainage Plan (ADP) for which drainage fees have been established by the
Board of Supervisors. Applicable ADP fees will be due in accordance with the Rules
and Regulations adopted for Administration of Area Drainage Plans.
Drainage fees shall be paid with cashier's check or money order only at the time of
the issuance of grading permits for the approved parcels or at the time oi issuance of
building permits if no grading permits are issued for the parcels and may be paid, at
the option of the land owner, in pro rata amounts. The amount of the drainage fee
required to be paid shall be the amount that is in effect for the particular Area
Drainage Plan at the time of issuance of the grading permits or issuance of the
building permits if grading permits are not issued.
48. 10 YR CURB - 100 YR 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.
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When either of these criteria is exceeded, additional drainage facilities shall be
installed. The property shall be graded to drain to the adlacent street or an adequale
outlet.
49. 100 YR SUMP OUTLET. Drainage facilities out-letting sump conditions shall be
designed to convey the tributary 100 year storm flows. Additional emergency escape
shall also be provided.
50. 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, the developer shall contact the Riverside County Flood Control and Water
Conservation District to ascertain the terms and conditions of design, construction,
inspection, transfer of rights of way, project credit rn lieu of charges and
reimbursement schedules which may apply. The developer shall note that if the
estimated cost for required Area Drainage Plan facilities exceeds the required
mitigation charges and the developer wishes to receive credit 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 discretion of the District.
The applicant shall consult the City early in the design process regarding materials,
hydraulic design and transfer of rights of way.
51. WATERS OF THE US (NO FEMA). A portion of the proposed project may affect
"waters of the United States", "wetlands" or 'lurisdictional streambeds". Therefore,
copies of appropriate correspondence and necessary permits, or correspondence
showing the project to be exempt, from other government agencies requiring
approval of this project as mandated by Federal or State law (such as Corps of
Engineers 404 permit or Department of Fish and Game 1603 agreement) shall be
provided to the City PW Engineering Department and Flood Control District prior to
the recordation of the final map.
All Regulatory Permits (and any attachments thereto such as Habitat Mitigation and
Monitoring Plans, Conservation Plans/Easements) to be secured by the Developer
shall be submitted to the City PW Engineering Department and the Flood Control
District for review. The terms of the Regulatory Permrts shall be approved by the City
and the District prior to improvement plan approval, map recordation or finalization of
the Regulatory Permits. There shall be no unreasonable constraint upon the City's or
the District's ability to operate and maintain the flood control facility to protect public
health and safety.
52. SUBMIT FINAL WQMP. ln compliance with Santa Ana Region Regional Water
Quality Control Board Orders, and beginning January 1, 2005, projects determined
as priority development pro.iects seeking discretionary approval by the governing
body, will be required to comply with the Water Quality Management Plan
requirement for Urban Runoff (WQMP). The WQMP addresses post-development
water quality impacts from new development and redevelopment projects. The
WQMP requirements will vary depending on the project's geographic location (Santa
Ana, Santa Margarita or Whitewater River watersheds). The approved WQMP
guidelines and templates to assist the developer in preparing the necessary WQMP
are available on-line at http://rcflood.orq/npdes/ under Watershed Protection web
page
To comply with the requirement for a WQMP, the developer must submit a "Pro;ect
Specific" WQMP. This report is intended to a) identify potential post-project
50
pollutants and hydrologic impacts associated with the development; b) identify
proposed mitigation measures (BMPs) for identified impacts including site design,
source control and treatment control post-development BlvlPs; and c) identify
sustainable funding and maintenance mechanisms for the aforementioned BMps.
The developer has submitted a report that meets the criteria for a Preliminary project
Specific WQMP. The report will need to be revised to meet the requirements of a
Final Project Specific WQMP. Also, it should be noted that if 401 certification is
necessary for the project, the Regional Water Quality Control Board may require
additional water quality measures.
53. ESTABLISH MAINTENANCE ENTITY FOR WQMP BMPS This project proposes
BMP facilities that will requrre maintenance by a public agency or homeowner's
association. To ensure that the public is not unduly burdened with future costs, prior
to approval of the final WQMP, the PW Engineering Department will require an
acceptable financial mechanism be implemented to provide for maintenance of all
proposed BMPs in perpetuity. This may consist of a mechanism to assess individual
benefiting property owners, or other means approved by the City. All proposed
structural BMPs must be shown on the proJect's improvement plans - either the
street plans, grading plans, or landscaping plans. The type of improvement plans
that will show the BMPs will depend on the selected maintenance entity.
54. CONSTRUCT OFFSITE FAGILITY. This development shall construct Romotand
Line 1, Line A, and Briggs Road detention basin, bonds have been posted, the offsite
right of way acquired, and construction contract for all the facilities have been
awarded prior to recordation of final map or issuing grading permit . Occupancy will
not be granted for any units until all downstream facilities are functional as approved
by the Riverside County Flood Control District. The developer shall be responsible
for the maintenance of these facilities until their maintenance is transferred to either
the District or the Community Facilities District. A separate means of mitigation for
increased run-off would not be necessary for on-site flows that drain to Line A, given
that said facility is considered to be an adequate outlet.
55. CONSTRUCT OFFSITE FACILITY. This development shall construct Romoland
Line A-3 as proposed by Homeland/Romoland MDP. ln addition, this development
shall construct Line A-3d (not a part of CFD) to line A-3, or as approved by the
Riverside County Flood Control District.
56. BMP - ENEGY DISSIPATOR. Energy Dissipators, such as rip-rap shall be installed
at the outlet of a storm drain system that discharges run-off 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.
57. BMP - TRASH RACKS. Trash Racks shall be installed at all inlet structures that
collect runoff from open space areas with potential for large, floatable debris.
Prior to Final Map Recordation
58. Onsite Easement on Final Map. Onsite drainage facilities located outside of road
right of way shall be contained within drainage easements shown on the final map. A
note shall be added to the final map stating, "Drainage easements shall be kept free
of buildings and obstructions".
59. Offsite Easement or Redesign. Offsite drainage facilities shall be located within
dedicated drainage easements obtained from the affected property owner(s).
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Document(s) shall be recorded and a copy submitted to the City prior to recordation
of the final map. lf the developer cannot obtain such rights, the map should be
redesigned to eliminate the need for the easement.
60. Written Permission for Grading. Written permission shall be obtained from the
affected property owners allowing the proposed grading and/or facilities to be
installed outside of the tract boundaries. A copy of the written authorization shall be
submitted to the Public Works Engineering Department for review and approval.
61. Three (3) ltems to Accept Storm Drain Facilities. Construction inspection for the
flood control facilities or storm drain system to be built with this tract must be
performed by either or both the City's Public Works Engineering Department and the
Flood Control District. For storm drain facilities proposed to be publicly owned and
maintained, the developer (property owner) must request in writing that one of these
agencies accept the proposed storm drain system. The request shall note the project
number, location, briefly describe the system (sizes and lengths) and include an
exhibit that shows the proposed alignment. The request to the District shall be
addressed to the General Manager-Chief Engineer, Attn: Chief of the Planning
Division.
lf the Flood Control District is willing to maintain the requested facilities, three items
must be accomplished prior to recordation of the final map or starting construction of
the drainage facilities: 1) the developer shall submit to the District the preliminary title
reports, plats and legal descriptions for all right of way to be conveyed to the District
and secure that right of way to the satisfaction of the District; 2) an agreement with
the District and any maintenance partners must be executed which establishes the
terms and conditions of inspection, operation and maintenance; and 3) plans for the
facility must be signed by the District's General Manager-Chief Engineer. The plans
cannot be signed prior to execution of the agreement. An application to draw up an
agreement must be submitted to the attention of the District's Administrative Services
Section. All right of way transfer issues must be coordinated with the District's Right
of Way Section.
The engineer/developer will need lo submit proof of flood control facility bonds and a
certificate of insurance to the District's lnspection Section before a pre-construction
meeting can be scheduled.
Prior to Gradinq Permit lssuance
62. HOMELAND/ROMOLAND AREA DRAINAGE PLAN (ADP) FEES. A notice of
drainage fees shall be placed on the environmental constraint sheet and final map.
The exact wording of the note shall be as follows:
NOTICE OF DRAINAGE FEES
Notice is hereby given that this property is located in the Homeland/Romoland Area
Drainage Plan which was adopted by the Board of Supervisors of the County of
Riverside pursuant to Section 10.25 of County Ordinance 460 and Section 66483, et
seq, of the Government Code and that said property is subject to fees for said
drainage area. Upon incorporation, the City adopted County Ordinance 460 and the
prolect is therefore subject to all provisions of this ordinance.
Notice is further given that, pursuant to Section 10.25 of Ordinance 460, payment of
the drainage fees shall be paid with cashier's check or money order only at the time
of issuance of the grading or building permit for said parcels, whichever occurs first
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and that the owner of each parcel shall pay the fee required at the rate in effect at
the time of issuance of the actual permit.
63. SUBMIT FINAL WQMP. A copy of the project specific WQMP shalt be submitted to
the PW Engineering Department for review and approval.
64. MAP PHASING. lf the tract is built in phases, each phase shatt be protected from the
1 in 100 year tributary storm flows.
D. NPDES. SWPPP and WQMP
General Conditions
65. STORMWATER/URBAN RUNOFF MANAGEMENT PROGRAM, MMC CHAPTER
15.01. All City of Menifee requirements for NPDES and Water Quality Management
Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for
Stormwater/Urban Runoff Management Program unless otherwise approved by the
Public Works Director/City Engineer. This project is required to submit a project
specific WQMP prepared in accordance with the latest WQMP guidellnes approved
by the Regional Water Quality Control Board.
66. 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 prolects shall
meet new storm water quality standards including:
(a) Provision of a solid impermeable roof with a minimum clearance height to allow
the bin lid to completely open
(b) Constructed of reinforced masonry without wooden gates. Walls shall be at least
6 feet high
(c) Provision of concrete slab floor, graded to collect any spill within the enclosure
(d) All trash bins in the trash enclosure shall be leak proof with lids that are
continuously kept closed
(e) The enclosure area shall be protected from receiving direct rainfall or run-on from
collateral surfaces
Any standing liquids within the trash enclosures without floor drain must be cleaned
up and disposed of properly using a mop and a bucket or a wevdry 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 obtainrng 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.
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(c) Hot and cold running water shall be provided with a connection nearby with an
approved backflow preventer. The spigot shall be protected and located at the
rear of the enclosure to prevent damage from bins.
Prior to lssuance of Gradinq Permit
67. PRELIMINARY PROJECT SPECIFIC WATER QUALITY MANAGEMENT PLAN
(Prelim WQMP). The pro1ect was originally approved by the Riverside County Board
of Supervisors in 2006, prior to City incorporatton. Prior to issuance of a grading
permit, a complete Prelim project specific WOMP approved by the County shall be
submitted to the PW Engineering Department. lf an approved Prelim WQMP in
substantial compliance with the submitted TTM34600 cannot be provided, the
developer understands that one has to be provided for review and approval by PW
Engineering Department following the WQMP rules and guidelines in place at the
time the project was approved in 2006. The developer understands that revisions to
the TTM necessary to meet the required WQMP, may require further consideration
and approval by the Planning Commission and/or the City Council. All costs
associated wrth providing a substantially complete and complying WQMP shall be
borne by the applicant.
68. FINAL PROJECT SPECIFIC WATER QUALITY MANAGEMENT PLAN (Final
WOMP). Prior to issuance of a grading permit, a FINAL project specific WQMP in
substantial conformance with the approved PRELIMINARY WQMP, shall be
reviewed and approved by the Public Works Engineering Department. Final
construction plans shall incorporate all of the structural BMPs identified in the
approved FINAL WQMP. The final developed project shall implement all structural
and non-structural BMPs specified in the approved FINAL WQMP. One copy of the
approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public
Works Engineering Department. The FINAL WQMP submittal shall include at the
minimum the following reports/studies:
. Hydrology/hydraulics report
. Soils Report that includes soil infiltration capacity
o Phase ll Environmental Site Assessment Report, as maybe required by the
approved Phase ESA for pesticides or other hazardous materials used on the
property.
69. REVISION TO THE FINAL WQMP. In the event the Final WQMP design requires
revisions that substantially deviate from the approved Prelim WQMP, a revised or
new WQMP shall be submitted for review and approval by the PW Engineering
Department. The cost of reviewing the revised or new WQMP shall be charged on a
time and material basis. The fixed fee to review a Final WQMP shall not apply, and a
deposit shall be collected from the applicant to pay for reviewing the substantially
revised WQMP.
70. WQMP RIGHT OF ENTRY AND MAINTENANCE AGREEMENT. Prior to, or
concurrent with the approval of the FINAL WQMP, the developer/property owner
shall record Covenants, Conditions and Restrictions (CC&R's), or enter into an
acceptable Right of Entry and Maintenance Agreement with the City to inform fulure
property owners of the requirement to perpetually implement the approved FINAL
WQMP,
Prior to Buildinq Permit lssuance
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71. SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board,
Resolution adopted an amendmenl to the Water Quality Control plan for ocean
walers of California lo control trash, and Part 1 Trash Provisions of the Water euality
Control Plan for inland surface waters, enclosed bays, and estuaries of California.
Applicable requirements per these amendmenls shall be adhered to with
implementation measures, prior to building permit issuance. prolects determined aswithin Priority Land Uses as defined rn the amendment, shall provide full trash
capture devices in all new catch basins and existing catch basins to which this
development will be tributary to. Devices shall meet the requirement of the new
Trash Amendment.
Prior to lssuance of Certificate of Occuoancv
72. WQMP/BMP EDUCATION. Prior to issuance of Certificate of Occupancy, the
developer/project owner shall provide the City proof of notification to future
occupants of all non-structural BMP's and educational and training requirements for
said BMP's as directed in the approved WQMP. Acceptable proof of notification must
be in the form of a notarized affidavit at the minimum. The developer may obtain
NPDES Public Educational Program materials from the Riverside County Flood
Control District's (District) NPDES Section by either the District's website at
www.floodcontrol.co.riverside.ca,us, or by calling the District's office directly.
The developer must provrde to the PW Engineering Department a notarized affidavit
stating that the distribution of educational materials to future homebuyers has been
completed prior to issuance of occupancy permits
lf conditioned for a Water Quality Management Report (WOMP), a copy of the
notarized affidavit must be placed in the 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.
73. IMPLEMENT WQMP. All structural BMPS described in the project-specific WQMP
shall be constructed and installed in conformance with approved plans and
specifications. lt shall be demonstrated that lhe applicant is prepared to implement
all non-structural BMPs described in the approved project specific WQMP and that
copies of the approved pro1eclspecific 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.
74. INSPECTION OF BMP INSTALLATION. Prior to issuance of any 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 lnspection team shall
verify that all proposed structural BMPS are in working conditions, and that a hard
copy and/or digital copy of the approved FINAL WQMP are available at the site for
use and reference by future owners/occupants. The inspection shall ensure that the
FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and
shall include the site for in a City maintained database for future periodic inspection.
75. BMP MAINTENANCE & INSPECTION. lf the development is establishing a
Homeowners Association (HOA The CC&R's for the development's Homeowners
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Association (HOA) shall contain inspection provisions for any privately owned
treatment control BMPS, and if required, cleaned no later than any major rain event.
The CC&R'S shall identify the entity that will inspect and mainlain all privately owned
structural BMP's within the project boundaries. A copy of the CC&R's shall be
submitted to the PW Engineering Department for review and approval.
E. TRAFFIC ENGINEERING, STREET IMPROVEMENTS AND DEDICATIONS
General Conditions
76. CONDITIONS SUPERSEDING PREVIOUSLY STAMPED APPROVED EXHIBIT.
The developer/property owner understands that the conditions per this Extension of
Time (EOT) 2018-017 , supersede what is shown in the previously stamped approved
tract map exhibit, and that the pro.iect final engineering improvement plans shall be
consistent with the improvements noted in the conditions.
77. DRAINAGE l. The land divider shall protect downstream properties from damages
caused by alteration of the drainage patterns, i.e., concentration or diversion of flow.
Protection shail be provided by constructing adequate drainage facilities including
enlarging existing facilities and/or by securing a drainage easement. All drainage
easements shall be shown on the final map and noted as follows: "Drainage
Easement - no building, obstructions, or encroachments by landfills are allowed".
The protection shall be as approved by the PW Engineering Department.
78. 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. A drainage easement shall be obtained from the affected
property owners for the release of concentrated or diverted storm flows. A copy of
the recorded drainage easement shall be submitted to the District for review.
79. TRAFFIC SIGNAL MITIGATION PROGRAM. The project proponent shall participate
in the Traffic Signal Mitigation Program as approved by the PW ENGINEERING
DEPARTMENT.
80. ORAINAGE 2. The land divider shall accept and properly dispose of all off-site
drainage flowing onto or through the site. ln the event the PW Engineering
Department permits the use of streets for drainage purposes, the provisions of Article
Xl of the City adopted Ordinance No. 460 will apply. Should the quantities exceed
the street capacity or the use of streets be prohibited for drainage purposes, the sub-
divider shall provide adequate drainage facilities and/or appropriate easements as
approved by the PW Engineering Department.
81. ACCESS FOR THE DEVELOPMENT. Access is a concern regarding portions of this
proposal, particularly with regard to areas remote from State Route 74. The project
proponent shall be required to provide appropriate paved access as may be required
by the PW Engineering Department throughout the development of the pro.iect.
82. ROAD IMPROVEMENTS. All roads shall be improved, per the City of Menifee
General Plan designations, as adopted by the City of Menifee City Council.
83. TRAFFIC STUDY/EXEMPT. City Traffic Engineering staff reviewed the previous
Traffic lmpact Analysis (TlA) prepared in 2004, and no additional TIA will be
required.
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84. STANDARD INTRODUCTION (ORD 460/461). With respect to the conditions of
approval for the referenced tentative tract map exhibit, the land divider shall provide
all street improvements, street improvement plans and/or road dedications set forth
herein in accordance with City adopted County Ordinances 460 and 461 and the City
of Menifee Street lmprovement Standards. lt is understood that the tentative map
correctly shows acceptable centerline elevations, all existing easements, traveled
ways, and drainage courses with appropriate Q's, and that their omission or
misrepresentation may require the tentative tract map to be resubmitted for further
consideration by the Planning Commission. All questions regarding the true meanlng
of the conditions shall be referred to the Public Works Engineering Department.
85. OFF-SITE PHASE. Should the applicant choose to phase any portion of this project,
said applicant shall provide off-site access roads to City maintained roads as
approved by the PW Engineering Department.
Prior to Final Map Recordation.
oortion of C. D Street & E Street shall be improved within the dedicated right of
way easement in accordance with the PW Engineering standard for local and
enhanced local roads. The easement width varies from minimum 46 feet to 64 feet
with curb to curb distance of 32 feet to 50 feet with standard curb and gutter with 26
feet minimum pavement and 18 feet pull-in parking as approved by the PW
Director/City Eng ineer. A Street. Dortion of B, portion of C.DStreet&EStreet
shall be improved within the dedicated right of way easement in accordance with the
PW Engineering standard for local street. The easement width varies from minimum
44 feet to 52 feet with curb to curb distance of 28 feet to 36 feet with standard curb
and gutter as approved by the PW Director/City Eng ineer. Portion of "8" Street
shall be improved within the dedicated right of way easement in accordance with the
PW Engineering standard for local street. The easement width is 52 feet with curb to
curb 28 feet with standard curb and gutter as approved by the PW Director/City
Engineer. &I!@L:qrc! shall be improved within the dedicated right of way
easement in accordance with the PW Engineering standard for local street. The
easement width is 54 feet with curb to curb 32 feet with standard curb and gutter as
approved by the PW Director/City Engineer. "G" thru "GG" Street shall be
improved within the dedicated right of way easement in accordance with the PW
Engineering standard for modified inverted motor court Alley road with rolled curb
within 31 feet right of way and 24 feet curb to curb with 3 feet concrete alley gutter.
87. ENTRY STREET "A" (Private Entry), Varela Street (Private Entry). Entry street
"A" shall be improved within the dedicated right-of-way in accordance with City of
Menifee standards and shall have a full width right of way of 53 feet with 5 feet raised
median, a curb to curb distance of 45 feet (45753').
"A" Street (Private Entry) shall be improved within the dedicated righlof-way in
accordance with City standards and as approved by the PW Director.
Valera Street (Private Entry) shall be improved within the dedicated right of way in
accordance with City of Menifee standards for enhanced local street and shall have a
full width right of way of 66 feet with 14 feet raised landscape median, a curb to curb
distance of 54 feet (54'166' modified)
Corner cutbacks at the Road entrances shall be reviewed and approved by the PW
Engineerrng Department at final design stage.
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86. STREET DEDICATIONS. lnterior streets (Private Street)A Street . portion of B.
88. BRIGGS ROAD DEDICATION. Briggs Road along the tract boundary is designated
as Major Street, four lane undivided Ciass ll Bike road in the City General Plan. The
property owner shall dedicate the necessary Briggs Road right of way fronting the
development to meet the 59 feet half width right of way fronting the property from
centerline. The developer shall acquire additional 59 feet offsite right of way for total
of 118 feet fronting the property. Should the applicant fail to provide/acquire said off-
site right-of-way, the map shall be returned for redesign. The applicant shall provide
the appropriate environmental clearances for said off-site improvements prior to
recordation or the signature of any street improvement plans. The off-site rights-of-
way required for said access road(s) shall be accepted to vest title in the name of the
public if not already accepted.
89. BRIGGS ROAD IMPROVEMENTS. Briggs Road fronting the development shall be
improved for half street width plus 32 feet past the street centerline. lt shall be
improved with I inch curb and gutter fronting the property located 38 feet form
centerline and a 5 feet meandering sidewalk within the 2'l feet parkway. The
improvement shall meet the cross section requirement for a major road, including a
Class ll Bike lane. lmprovement shall extend 300 feet past the project boundary line
with appropriate transition approved by the PW Director (76'11 18').
Reconstruction or resurfacing of existing paving shall be as determined by the Public
Works Engineering Department. . lf it is determined during project construction that
the existing offsite street improvements are substandard, the Public Works Director
may requjre the developer to provide full reconstruction of the required
improvements to current City standards. At the discretion of the developer, the
existing pavement may be cored during project construction to confirm adequate
section, and any findings shali be incorporated into project design.
90. MALONE AVENUE DEDICATION.
a) Malone Avenue along the tract boundary South of Valera Avenue is designated as
industrial, two lanes undivided roadway in the City General Plan. The property owner
shall dedicate the necessary right of way fronting the development to meet the 39
feet half width right of way from centerline. The developer shall acquire additional 39
feet offsite right of way for the total of 78 feet. Should the applicant fail to
provide/acquire said off-site right-of-way, the map shall be returned for redesign. The
applicant shall provide the appropriate environmental clearances for said off-site
improvements prior to recordation or the signature of any street improvement plans.
The off-site rights-of-way required for said access road(s) shall be accepted to vest
title in the name of the public if not already accepted (56778').
b) Malone Avenue along the tract boundary North of Valera Avenue is designated a
general local street, two lanes undivided roadway in the City General Plan. The
property owner shall dedicate the necessary right of way fronting the development to
meet the 30 feet half width right of way from centerline. The developer shall acquire
additional 30 feet offsite right of way for the total of 60 feet. Should the applicant fail
to provide/acquire said off-site righFof-way, the map shall be returned for redesign.
The applicant shall provide the appropriate environmental clearances for said off-site
improvements prior to recordation or the signature of any street improvement plans.
The off-site rights-of-way required for said access road(s) shall be accepted to vest
title in the name of the public if not already accepted (40760')
90. MALONE ROAD IMPROVEMENTS. Malone Road fronting the development shall be
improved for half street width plus 12 feet past the street centerline with 6" curb and
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gutter with 5'sidewalk adjacent to right-of-way. The improvement shall meet the
cross section requirement lmprovement shall extend 300 feet past the project
boundary line with appropriate transition approved by the pW Director.
Reconstruction or resurfacing of existing paving shall be as determined by the public
Works Engineering Department. lf it is determined during project construction that
the existing offsite street improvements are substandard, the public works Directormay require the developer to provide full reconstruction of the required
improvements to current City standards. At the discretion of the developer, the
existing pavement may be cored during project construction to confirm adequate
section, and any findings shall be incorporated into project design.
91. "F" STREET DEDICATION (Public Street). ,,F" Street is designated as enhanced
local road in the adopted City General Plan. The property owner shall dedicate the
necessary right of way fronting the development to meet the 33 feet half width street
Right of Way from the street centerline.
92. "F" STREET IMPROVEMENTS (Public Street). ,,F" Street shail be improved for
half width plus 12 feet past centertine for 34 feet half width pavement within the
dedicated right-of-way in accordance with current City standards with 6" curb and
gutter and 5' sidewalk adjacent to right-of-way line. Corner cutbacks at the F street
entrance shall be reviewed and approved by the PW Engineering Department at final
engineering stage (44'166')
93. IMPROVEMNET PLANS. Plans for the required improvements must be prepared
and shall be based on a design profile extending a minimum of 300 feet beyond the
project boundaries at a grade and alignment approved by the Public Works
Engineering Department. Completion of road improvements does not imply
acceptance for maintenance by County.
94. INTERSECTION IMPROVEMENT. The intersection of Briggs Road (NS) and "F"
Street (EW) shall be improved to provide the following geometrics: Northbound: One
left{urn lane and one through lane Southbound: One through lane Eastbound: One
shared left{urn/right-turn lane Westbound: N/A The intersection of Malone Avenue
(NS) and Varela Lane (EW) shall be improved to provide the following geometrics:
Northbound: One shared leftturn/through/right-turn lane Southbound: One shared
left{urn/through/right-turn lane Eastbound: One shared leflturn/through/right-turn
lane Westbound: One shared left{urn/through/right-turn lane or as approved by the
Transportation Department. All improvements listed are requirements for interim
conditions only. Full righfof-way and roadway half sections adjacent to the property
for the ultimate roadway cross-section per the City Road lmprovement Standards
and Specifications must be provided. Any off-site widening required to provide these
geometrics shall be the responsibility of the landowner/developer.
95. EASEMENTS ON FINAL MAP. Any easement not owned by a public utility, public
entity or subsidiary, not relocated or eliminated prior to final map approval, shall be
delineated on the final map in addition to having the name of the easement holder,
and the nature of their interests, shown on the map.
96. ACCESS RESTRICTION. Lot access shall be restricted on Briggs Road, Matone
Avenue and "F" Street and shall be noted on the final map.
97. STRIPING PLAN. A signing and striping plan is required for this project. The
applicant shall be responsible for any additional paving and/or striping removal
caused by the striping plan, Traffic signing and striping shall be performed by City
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forces with all incurred costs borne by the applicant, unless otherwise approved by
the City Traffic Engineer.
98. STREET NAME SIGN. The land divider shall install street name sign(s) in
accordance with current City standards as directed by the PW Engineering
Department.
99. LANDSCAPING MAINTAINED BY CITY MAINTENANCE DISTRICT. The propertv
owner shall comply with landscaping requirements within public road rights-of-way, in
accordance with City adopted County Ordinance 461. Landscaping shall be installed
within Briggs Road, F Street and Malone Avenue. Landscaping within public rights of
way or dedicated public easements shall be prepared on standard City plan sheet
lotmat (24" X 36"), and. shall be submitted with the street improvement plans for
review and approval by the PW Engineering Department. For landscaping
maintenance to be annexed to a City administered Landscaping and Lighting
Maintenance District, the landscaping plans shall depict ONLY such landscaping,
irrigation and related facilities.
100. SOILS 2. The developer/owner shall submit a preliminary soils and pavement
investigation report addressing the construction requirements within the road righlof-
way.
101. INTERSECTION/5o' TANGENT. All centerline intersections shall be at 90 degrees,
plus or minus 5 degrees, with a minimum 50'tangent, measured from flowline/curb
face or as approved by the PW Engineering Department.
102. STREET SWEEPING. The property owner shall file for annexation or inclusion into
the Citywide Community Facilities Maintenance District, CFD 2015-2 for street
sweeping.
103. STREET LIGHT PLAN. A separate street light plan is required for this project. Street
lighting shall be designed in accordance with City of Menifee Standard Plans and
Specifications.
104. STREET LIGHTS-CSA and L&LMD. The property owner shall verify whether the
development is already within an existing CSA or L&LMD 89-1C for the maintenance
of public streetlights. lf not currently within an existing CSA or L&LMD 89-1C,
annexation into the Citywide CFD 2015-2 shall be completed.
,I05. ONSITE and OFFSITE PUBLIC STREETLIGHTS OWNERSHIP AND
MAINTENANCE. All proposed public street lights shall be designed in accordance
with City approved standards and specifications, as determined and approved by the
PW Director. Unless determined otherwise by the PW Director/City Engineer, the
City shall have ownership and maintenance of all proposed public street lights and
associated appurtenances, and therefore shall be provided with adequate service
points for power. The design shall be incorporated in the project's street
improvement plans or in a separate street light plan or as determined and approved
by the PW Director.
106. PUBLIC STREETLIGHTS SERVICE POINT ADDRESSING. The developer shall
coordinate with the PW Department and with Southern California Edison the
assignment of addresses to public street light service points. These service points
shall also be owned by the City and shall be located within the public right of way or
within duly dedicated public easements.
107. LANDSCAPING ANNEXATION APPLICATION. Landscaping within public road
rights-of-way shall comply with the PW Department standards and require approval
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by the PW Engineering Department. Assurance of continuing maintenance is
required by showing proof of inclusion into an existing County Service Area, or the
Landscaping and Lighting Maintenance Dishict NO. 89-1-Consotidated, or by fiting
an application for annexation into the Citywide CFD 2015-2.
108. ASSESSMENT DISTRICT. Should this project tie within any assessmenVbenefit
district, the applicant shall, prior to recordation, make application for and pay for the
reapporttonment or segregation of the assessments or pay the unit fees in the benefit
district. The developer shall be responsible for the cost of processing the
assessment segregation.
109. UTILITY PLAN. Electrical power, telephone, communication, street lighting, and
cable television lines shall be desagned to be placed underground in accordance with
Ordinances 460 and 461, or as approved by the PW Engineering Department. The
applicant is responsible for coordinating the work with the serving utility company.
This also applies to existing overhead lines which are 33.6 kilovolts or below along
the project frontage and between the nearest poles offsite in each direction of the
project site. A disposition note describing the above shall be reflected on design
improvement plans whenever those plans are required. 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.
'110. PARKWAY TREES/INTERIOR STREETS. The developer/property owner shall
comply with landscaping requirements within public road rights-of-way, in
accordance with Ordinance 461. Parkway trees shall be installed in the rnterior
streets within the subdivision. Landscape plans shall be submitted on standard City
Plan sheet fotmal (24" X 36"), and shall be submitted with the street improvement
plans. For parkway tree mainlenance to be annexed into the Citywide Landscaping
and Lighting Maintenance District, landscaping plans shall depict ONLY such
parkway trees.
Prior to Building Permit lssuance
111. GARAGE DOORS. Garage door setbacks for all residential zones shall be 20 feet
for roll up doors, measured from the street right-of-way to the face of garage. lf
conventional swing out doors are used, an additional 4 feet will be required. Side
entry garages shall comply with minimum building setback requirements.
1 12. ENCROACHMENT PERMITS. The developer/property owner shall obtain att
required encroachment permits and clearances prior to start of any work within City,
Sate, or local agency right of way.
113. IMPROVEMENT BONDS. Prior issuance of any construction permit for all requlred
onsite and offsite public improvements, the developer/project owner shall post
acceptable bonds or security to guarantee the construction of all required
improvements. The bonds shall be in accordance with all applicable City ordinances,
resolutions and municipal codes (see also bond agreement condition under General
Conditions).
Prior to lssuance of Certificate of Occupancy
114. WRCOG TUMF. 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 C of O issuance,
pursuant to Ordinance No. 824.
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115. STREET SWEEPING. Street sweeping annexation or inclusion into CSA or similar
mechanism as approved by the PW Engineering Department shall be completed
I 16. GRAFFITI ABATEMENT. Prior to issuance of a occupancy permit, the project
proponent shall complete annexation into a City administered landscaping and
lighting maintenance district, County Service Area and/or a Community Facilities
District for graffiti abatement of walls and other permanent structures along City
maintained road right-of-way.
117. UTILITY INSTALL. Electrical power, telephone, communication, street lighting, and
cable television lines shall be placed underground in accordance with ordinance 460
and 461 , or as approved by the PW Engineering Department. This also applies to
existing overhead lines which are 33.6 kilovolts or below along the pOect frontage
and between the nearest pole offsite in each direction of the project site. A certificate
should be obtained from pertinent utility company and submitted to the PW
Engineering Department as proof of completion.
118. 80% COMPLETION. Occupancy releases will not be issued to Building and Safety
for any lot exceeding 80% of the total recorded residential lots within any map or
phase of map prior to completion of the following improvements:
a) Primary and Alternate (secondary) access roads shall be completed and paved
to finish grade according to the limits indicated in the improvement plans and as
noted elsewhere in these conditions.
b) lnterior roads shall be completed and paved to finish grade according to the limits
indicated in the improvement plans and as noted elsewhere in these conditions.
All streetlights, service points, curbs, gutters, sidewalks and driveway
approaches shall be installed.
c) Storm drains and flood control facilities, with the exception of BMP facilities
serving as water quality BMPs for the project's WQMP, shall be completed
according to the improvement plans and as noted elsewhere in these conditions.
For facilities to be owned and maintained by the Riverside County Flood Control
District, written confirmation of acceptance by the Flood Control District is
required.
d) Water system, including fire hydrants, shall be installed and operational,
according to the improvement plans and as noted elsewhere in these conditions.
All water valves shall be raised to pavement finished grade. Written confirmation
of acceptance from water purveyor is required.
e) Sewer system shall be installed and operational, according to the improvement
plans and as noted elsewhere in these conditions. All sewer manholes shall be
raised to pavement finished grade. Written confirmation of acceptance from
sewer purveyor is required.
f) Landscaping and irrrgation, water and electrical systems shall be installed and
operational in accordance with City adopted County Ordinance 461 .
The 80o/o completron shall not apply to BMP facilities serving as water quality
BMP in the project's approved WQMP. These BMP facilities must be complete
and operational prior to issuance of any Certificate of Occupancy.
F. COMMUNITY FACILITIES MAINTENANCE DISTRICT
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General Conditions
119. CITYWIDE CFD. Prior to City incorporation, this development was conditioned to
annex into the Riverside County Transportation and Land lvlanagement Agency
(TLMA) Consolidated Landscape and Lighting Mainlenance District (L&LMD) 89-1C,
and the Riverside County Economic Development Agency's (EDA) County Service
Area (CSA). These entittes were to provide maintenance services of certain public
facilities that will benefit the proposed development. The City of Menifee has now
taken over the administration of these special districts for properties within City
boundaries. Although the City now has oversight, annexations into these Districts are
no longer considered by the TLMA and the EDA.
The development is proposing construction of certain facilities that will eventually
become public or will require provision of public services. These include
maintenance and operation of water quality basins, street sweeping and
maintenance, landscape, streetlights, and graffiti abalement, and public parks. The
City has established a citywide maintenance Community Facilities District (CFD
2015-2) that provide equivalent and additional services beyond the authorized
service limits of both the L&LMD and the CSA. Annexation of the project into CFD
2O15-2 will allow the development to comply with previous conditions.
Prior to Final Map Recordation
120. Annexation to the Citywide Community Facilities District (CFD) 2015-2 - prior
to, or concurrent with the recordation of the final map, the developer/property owner
shall complete the annexation of the proposed development, into the boundaries of
the City of Menifee 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 Iimited to, public landscaping, streetlights, traffic signals, streets,
drarnage facilities, water quality basins, graffiti abatement, public parks, and other
public improvements or facilities as approved by the Public Works Director.
The developer/property owner shall be responsible for all cost associated with the
annexation of the proposed development in the citywide CFD.
121. CFO 201 5-2 Annexation Agreement - ln 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 annexatjon
agreement to allow the annexation to complete after the recordation of a final map
but prior to rssuance of a Certificate of Occupancy. The developer shall be
responsible for all costs associated with the preparatron of the CFD annexation
agreement. The agreement shall be approved by the City Council prior to final map
recordation.
122. CFD Landscape Guidelines and lmprovement Plans - Landscape improvements
within public ROW and/or areas dedicated to the City for CFD 2015-2 lo maintain
shall be prepared on a separate City CFD plans on City title block for review and
approval by the PW Engineering Department prior to issuance of a construction
permit. All landscape improvements for maintenance by the CFD shall be designed
and installed in accordance with City CFD Landscape Guidelines.
123. Maintenance of CFD Accepted Facilities - All landscaping and appurtenant
facilities to be maintained by the citywide CFD 2015-2 shall be built to City
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standards. The developer shall be responsible for ensuring that landscaping areas to
be maintained by the CFD have its own controller and meter system, separate from
any private controller/meter system.
G. WATER,SEWER,RECYCLEDWATER
Prior to Final Map Recordation
124. #S3-ECS-WTR PRIOR/COMBUS. 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 material placed on an individual lot.
125. WET UTILITY IMPROVEMENTS. All potable water, sewer and recycled water
improvements to serve this development shall be designed per the Eastern Municipal
Water District (EMWD) standards and specifications and applicable City standards.
The final design including pipe sizes and alignments shall be subject to the approval
of EMWD and the City of Menifee.
126. OFFSITE AND ONSITE LATERAL CONNECTIONS. All onsite and offsite sewer,
water and recycled water connections within the public's ROW shall require
encroachment permits from the City and shall be guaranteed for construction prior to
final map recordation.
H. WASTE MANAGEMENT
General Conditions
127. 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 servrce with their waste hauler.c. Provide recycling service to their tenants (if commercral or multi-family complex)
d. Demonstrate compliance with the requirements of California Code of Regulations
Title 14.
For more information please visit:
www.rivcowm.oro/ooencms/recvclvino/recvclino and comoost business.html#man
datorv
128. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate eight
(8) cubic yards or more or organic waste per week to arrange for organic waste
recycling services. The threshold amount of organic waste generated requiring
compliance by businesses is reduced in subsequent years. Businesses subject to
AB 1826 shall take at least one of the following actions in order to divert organic
wast4e from disposal:
a. Source separate organic material from all other recyclables and donate or self-
haul to a permitted organic waste processing facility.
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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 toleranvlow maintenance vegetation in
all landscaped areas of the project.
Prior to Building Permit lssuance:
129.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/fagade, 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 lo verify that Engineering and Public Works has approved the plan prior
to issuance of a building permit.
130.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 lssuance of Certificate of Occupancy
131, 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 prolect 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
132. 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
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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 lmpact Fees (DlF), and any applicable
regional fees. Said fees and deposits shall be collected at the rate in effect at the
trme of collection as specrfied in current City resolutions and ordinances.
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Section lV:
Riverside County Fire Department
Conditions of Approval
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General Conditions
'1. Specific Plan Condition - lmpact Mitigation. The proposed project will have
a cumulative adverse impact on the Fire Department's ability to provide an
acceptable level of service. These impacts include an increased number of
emergency and public service calls due to the increased presence of structures
and population. The project proponents/developers shall participate in the
development lmpact fee program as adopted by the Riverside County Board of
Supervisors to mitigate a portion of these impacts. This will provide funding for
capital improvements such as land/equipmenl purchases and fire station
construction. The Fire Department reserves the right to negotiate developer
agreements associated with the development of land and/or construction of fire
facilities to meet service demands through the regional integrated fire
protection response system.
Specific Plan Condition - Water Mains. All water mains and fire hydrants
providing required fire flows shall be constructed in accordance with the
appropriate sections of Riverside County Ordinance 460 and/or No. 787 or
subsequent ordinance adopled by the City, sublect to the approval by the
Riverside County Fire Department.
Specific Plan Condition - lmpact Mitigation. The project proponents shall
participate in the fire protection impact mitigation program as adopted by the
City of Menifee.
Specific Plan Condition - Off-set Funding. The fiscal analysis for this
project should identify a funding source to off-set the shortage between the
existing county structure fire tax and the needed annual operation and
maintenance budget equal to approximately $100.00 per dwelling unit and 16c
per square foot for retail, commercial and industrial.
Specific Plan Condition - Hazardous Fire Area. The specific plan is located
in the "Hazardous Fire Area" of Riverside County as shown on a map on file
with the Clerk of the Board of Supervisors. Any building constructed on lots
created by this project shall comply with the special construction provisions
contained in Riverside County Ordinance 787.
Specific Plan Condition - Fire Station. Based on the adopted Riverside
County Fire Protection Master Plan, one new fire station and/or engine
company could be required for every 2,000 new dwelling units, and/ or 3.5
million square feet of commercial/industrial occupancy. Given the project's
proposed development plan, up to _ fire station(s) MAY be needed to meet
anticipated service demands. The Fire Department reserves the right to
negotiate developer agreements associated with the development of land
and/or construction of fire facilities to meet service demands through the
regional integrated fire protection response system.
Specific Plan Condition - Open Space. Prior to approval of any
development for lands adjacent to open space areas, a fire
protection/vegetation management (fuel modification) plan shall be submitted
to the Riverside County Fire Department for review and approval. The
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Homeowner's Association or appropriate management entity shall be
responsible for maintaining the elements to the plan.
West Fire Protection Planning Office Responsibilaty. lt is the responsibility
of the recipient of these Fire Department conditions to forward them to all
interested parties. The building case number is required on all correspondence.
Questions should be directed to the Riverside County Fire Department, Fire
Protection Planning Division at City of Menifee.
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.
10. Blue Dot Reflectors. Blue retro-ref lective 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.
11 HydranUSpacing. Schedule A fire protection approved standard fire hydrants,
(6"x4"x2 1/2") located one at each street intersection and spaced no more than
330 feet apart in any direction, with no portion of any lot frontage more than
165 feet from a hydrant. lVlinimum fire flow shall be 1000 GPM for 2 hour
duration at 20 PSl. Shall include perimeter streets at each intersection and
spaced 1 ,000 feet apart.
12. Water Plans. The applicant or developer shall furnish one copy of the water
system plans to the Fire Department for review. Plans shall be signed by a
registered civil engineer, containing a Fire Department approval signature
block, and shall conform to hydrant type, location, spacing and minimum fire
flow. Once plans are signed by the local water company, the originals shall be
presented to the Fire Department for signature.
13. ECS - Water System lnstalled Prior to Bldg. ECS map must be stamped by
the Riverside County Surveyor with the following note:
The required water system including fte 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 /ssuance of BuildingPermit
14. 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 indrvidual lot. Contact the Riverside County Fire
Department to inspect the required fire flow, street signs, all weather surface
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Prior to Final Map
OL
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eq lleqs sralluuds ar4 aql Jo uorlellelsul (luelnc ro) uorypf et3Z 'Oe I VdlN
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erurolrleO 'apoo lerluaprsau eruroltleC oql iad s6utllaMp i{1rue1 oml pue auo
;1e ur pe:rnba: are srel>1ur:ds aJU lerluaprsau 'lerluaplsou ualsIs .re;1ur.rdg g t
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rad sLuelsr(g rel>1ur.rdg arg llelsul epoC arj erulo1rle3 aql pue apoC burplrng
ErulolrleC 'apoc lprluaprseU EruJo]rleC oql Jad s6urlloiv\p i{|ruej oM} pue auo
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Section V:
Riverside Countv Environmental
Health Conditions of A roval
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General Conditions
Prior to Final Map
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Eastern Municipal Water District. Eastern Municipal Water District (EMWD)
potable water service and sanitary sewer service is proposed. lt 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.
Retention Basins. Any proposed retention basins shall be constructed and
maintained in a manner that prevents vector breeding and vector nuisance.
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.
Financial Arrangements. Financial arrangements (securities posted) must be
made for the water improvement plans and be approved by City Attorney.
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.
Annexation. Annexation proceedings must be finalized with the applicable
purveyor for sanitation service.
Prior to Final Mao or Gradino Permit lssuance. Whichever Occurs First
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Hazmat Phase ll. Prior to recordation of the final map or issuance of a grading
permit, whichever occurs first, a Phase ll Environmental Assessment is
required to be completed for pesticides or other hazardous materials used on
the property. The results must be reviewed by Haz Mat to verify that the levels
are below hazardous waste criteria. lf there are questions regarding the
number of samples or other requlrements, contact Rtverside County
Environmental Health at (951 ) 358-5055.
Prior to Buildino Permit lssuance
Pool Plans Required. A set of three complete plans for the swimming
pool/spa must be submitted to verify compliance with the California
Administrative Code, the California Health and Safety Code, Building Code and
the Uniform Plumbing Code.
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Section VII:
Community Services Department
Conditions of Approval
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General Conditions
Park Annexation. All parklands must be annexed into a Communities
Facilities District or other acceptable mechanism as determined by the City of
Menifee.
CFD Maintained Common Area Plans. CFD Maintained Common Area plans
must be consistent with the City of Menifee Municipal Code Chapter 9.86 "Park
Design, Landscaping and Tree Preservation", the Park Development
Guidelines, Menifee Municipal Code Chapter 15.04 "Landscape Water Use
Efficiency Requirements" and Eastern Municipal Water District requirements.
Bike Lanes. A Class ll Community Bike Lane is required on Briggs Road.
Prior to final map recordation, these trails shall be incorporated into the
improvements plans for the subdivision.
Annexation into Park District. The land divider shall submit written proof to
the Community Development Department that the subject property has been
annexed to Communities Facilities District or other entity acceptable to the
Community Development Director.
Park Development Agreement. The Specific Plan has requirements for the
construction of a Community Park (PA10). There are various owners of
property within the Specific Plan and multiple approved tracts. Therefore, in
order to ensure that the Community Park in PA10 is constructed and funding is
available for the park, prior to map recordation, the developer shall enter into a
Park Development Agreement pursuant to Menifee Municipal Code Chapter
9.55.120. lf the park in PA10 has been constructed and is open to the public
prior to recordalion of the final map, then this condition shall be considered null
and void.
Prior to Gradinq Permit lssuance
Bike Lanes. A Class ll Community Bike Lane is required on Briggs Road.
Prior to issuance of grading permits, these trails shall be incorporated into the
improvement plans and grading plans for the subdivision.
Prior to lssuance of a Buildino Permit
Quimby Fees. Payment of inlieu fees and dedication of parkland.Ihe
proposed subdivrsion will fulfill Quimby obligations through the payment of in-
lieu fees and/or dedication of land for credit for onsite parks. 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 subdrvision.
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Prior to Map Recordation
Prior to Final lnspection
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.
Prior to lssuance of a Given Buildinq Permit
Planning Area l0 Park Plans. Prior to the issuance of the 400th Building
Permit within the Specific Plan (for portions within the boundaries of the City of
Menifee), a minor plot plan application shall be submitted to and approved by
the Community Services Department and/or Community Development
Department showing the conceptual park plans for Planning Area 10 within the
Specific Plan. Conceptual plans shall contain overall site map or tract map
showing locations of all parks, trails, channels, basins and/or open spaces;
vicinity map; street names; north arrow; adjacent land use, proposed park
layout including but not limited to parking lot and concrete layout, all proposed
amenities, (including, but not limited to gazeboes, tot lots, picnic areas, lighting,
decomposed granite trails, etc. as shown in the Specific Plan); turf and planter
layout; tree locations; and plant palette. The plans shall be approved by The
City or other entity acceptable to the City of Menifee.
'l 0. Planning Area 10 Working/Construction Park Plans. Prior to the issuance
of the 550'h Building Permit within the Specific Plan (for portions within the
boundaries of the City of Menifee), working/construction park plans shall be
submitted to and approved by the Community Services Department and/or
Engineering and Public Works Department for the park within Planning Area 10
of the Specific Plan. The plans shall be approved by The City or other entity
acceptable to the City of Menifee.
11 Planning Area 10 Park Construction. Prior to issuance of the 650rh building
permit within the Specific PIan (for portions within the boundaries of the City of
Ivlenifee), the park designated as Planning Area 10 shall be constructed and
open to the public.
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The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as ofthe date set out below.
Signed Date
Name (please print)Title (please print)
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NOTICE OF AIRPORT IN
VICINITY
This property is presently located in the vicinity of an
airport, within what is known as an airport influencc
area. For that reason, the property may be subject to
some of the annoyances or inconveniences associated
with proximity to airport operations (for example: noise,
vibration, or odors). lndividual sensitivities to those
annoyances [can vary from person to person. You may
wish to consider what airport annoyances], if any, are
associated with the property before you complete your
purchase and determine whether they are acceptable to
you. Business & Professions Code Section 11010 (b)
(1 3XA)
AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
This Agreement to Indemnify and Hold Harmless ("Agreement") is entered into,
cffcctive as of _,2019, by and between the CITY OF MENIFEE, a
municipal corporation, on the one hand,("City"), and WSI Desert Prope(ies, LLC a
Calilomia limited liability company, ("lndemnitor" or "lndemnitors"), on the other. The
City and Indemnitor(s) are herein referred to collectively as the "Parties" and individually
as a "Party."
RECITALS
Whereas, Applicant has applied to the City for various discretionary approvals
including a project for the extension of Tentative Tract Map No. 34600 (the "Project")
on I 8.3 acres of property located south of Watson Road, East of Malonc Road, and west
of Briggs Road (the "Property"); and
Whereas, in connection with the consideration of the above-mentioned
discretionary approvals, lndemnitor(s) has offered to, and hereby agrees that it will,
indemnify and hold the City harmless from any challenges arising from or related to the
discretionary approvals, the Property or the Project as more fully set forth in this
Agreement.
NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and based upon the foregoing recitals, and the terms,
conditions, covenants, and agreements contained herein, the Parties hereto agree as
follows:
l. Incorporation of Recitals. The Recitals set forth above are an intcgral part of
this Agreement, and are fully incorporated herein.
2. Indemnitors' Indemnification Obligations. Indemnitor(s) shall indemnify,
defend, and hold harmless the City of Menifee and its elected city council,
appointed boards, commissions, committees, officials, employees, volunteers,
contractors, consultants (which may include the County of Riverside and its
employees, officers, officials, and agcnts), and agents (herein, collectively, the
"lndemnitees") from and against any and all claims, liabilities, losses, fines,
penalties, and expenses, including without limitation litigation expenses and
attorney's fecs, arising out of either (i) the City's approval of the Project or
actions related to the Property, including without limitation any judicial or
administrative proceeding initiated or maintained by any person or entity
challenging the validity or enforceability of any City permit or approval relating
to the Project, any condition of approval imposed by the City on such permit or
approval, and any finding or determination made and any other action taken by
any of the lndemnitees in conjunction with such permit or approval, including
without limitation any action taken pursuant to the Califomia Environmental
Quality Act (.'CEQA'), or (ii) the acts, omissions, or operations of the
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AGREEMENT
Indemnitor(s) and the directors, officers, members, partners, employees, agents,
contractors, and subcontractors of each person or entity comprising the
lndcmnitor(s) with respect to the ownership, planning, design, construction, and
maintenance of the ProJect and the Property for which thc Project is being
approved. The City shall notify the Indemnitor(s) ofany claim, lawsuit, or other
judicial or administrative proceeding (herein, an "Action") within the scope of
this indemnity obligation and request that the Indemnitor(s) defend such Action
with legal counsel reasonably satisfactory to the City. [f the lndemnitor(s) fails to
so defend the Action, the City shall have the right but not the obligation to do so
with counsel of their own choosing, with no right of approval by lndemnitor(s)
and, if they do, the lndemnitor(s) shall promptly pay rhe City's full cost thereof,
with payments made at least on a monthly basis. Notwithstanding the foregoing,
thc indemnity obligation under clause (i) of the first sentence of this condition
shall not apply to the extent the claim arises out of the willful misconduct or the
solc active negligence ofthe City. This Agreement shall survive any final action
on the Project, and shall survive and be independent of any Project approvals,
even if such Project approvals are invalidated in whole or part.
3, Entire Agreement; Amendments and Waivers. This Agreement contains the
entire agreement between the City and lndemnitor(s) with respect to the subject
matter set forth herein and supersedes any prior discussions, negotiations, and
agreements with respect thereto. This Agreement may be amended or modified
only by a written agreement executed by both Parties. No waiver of any of the
terms of this Agreement shall be effective or binding unless in writing and
executed by an authorized representative ofthe Party waiving its rights hereunder.
4. Successors and Assigns. This Agreement shall be binding upon the heirs,
executors, administrators, succcssors! transferees, and assigls of the Parties.
IN WITNESS WHEREOF, thc parties hereto have entered into this Agreement to
be effective as ofthe date first written above.
*CITY"
Datcd 2019 CITY OF MENIFEE, a Califomia
Municipal Corporation
By:
Its
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APPROVED AS TO FORM
RUTAN & TUCKER, LLP
Attomeys for the City of Menifec
Dated 2019
Dated:2019
..INDEMNITOR"
WSI Desert Properties, LLC
By:
Print
Name:
Its Manager/Managing Member
WSI Desert Properties, LLC
By:
Print
Name:
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