PC19-474RESOLUTION NO. PC 19.474
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO.
2017-339 (pM37379) FOR THE SUBDTVISION OF 184.76 ACRES INTO
FOUR PARCELS LOCATED EAST OF ENCANTO DRIVE, SOUTH OF
ROUSE ROAD, AND WEST OF SHERMAN ROAD AND FINDING THE
PROJECT IS EXEMPT FROM CEQA
WHEREAS, on October 13, 2017, the applicant, BLC Fleming, LLC., filed a
formal application with the City of Menifee for the subdivision of 184.76 acres into four
parcels iocated east of Encanto Drive, south of Rouse Road, and West of Sherman
Road within the City of Menifee (the "Project"); and
WHEREAS, on December 11, 2019, the Planning Commission of the City of
Menifee held a duly noticed public hearing on the Project, considered all public
testimony as well as all materials in the staff report and accompanying documents for
Tentative parcel Map No. 2017-339 (PM37379), which hearing was publicly noticed by a
publication in The Press Enterprise (a newspaper of general circulation), an agenda
posting, and notice to property owners within 300 feet of the Project boundaries, and to
persons requesting public notice; and,
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
as follows:
Section 1 :Consisfe ncy with the General Plan. The tentative parcel map is consrsfenf
with the General Plan Land lJse Map, Specific Plan and applicable General
Plan objectives, policies, and programs.
The Project site includes three (3) different general plan land uses: 1)
Commercial Office [proposed Parcel 1]; 2) Fleming Ranch Specific Plan
[proposed Parcel 2 and 4]; and 3) Economic Development Corridor (EDC)
[proposed Parcel 3]. The Commercial Office designation allows for a variety
of office-related uses, including supporting hotel and ancillary retail uses are
also permitted. 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. Although the Fleming Ranch Specific Plan has not been
adopted, it was in process at the time of the City's adoption of the 2013
General Plan, so it was shown on the General Plan land use map, with the
expectation that a Specific Plan would be processed for the property. The
Economic Development Corridor (EDC) designation allows for a variety of
commercial, office, business park and residential uses. The proposed
subdivision is needed to create legal parcels allowing for the conveyance of
ownership. No development, including grading, building or infrastructure is
proposed with the subdivision. The applicant is proposing the subdivision
for conveyance purposes only. Future uses of the property would be
developed consistent with the General Plan. Existing uses located within
the boundaries of the subdivision are generally consistent with the land use
designations of the General PIan. Therefore, the proposed Project is
consistent with the General Plan.
The Project is consistent with the following City of Menifee General Plan
policies:
Tentative Parcel Map No. 2017-339
Page 2 of 4
Project Design
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
commercial, office and residential uses, and would, therefore, avoid and/or
preserve rural areas of the CitY.
LU-2.1 Promote infill development that complemenfs existing neighborhoods
and surrounding areas. tnfitt development and future growth in Menifee is
strongly encouraged to locate within EDC areas to preserve the rural
character of rural, estate, and smallesfafe residential uses.
The proposed Project is located within an urbanized area. The Project is
located within a Specific Plan Area and EDC. There are a variety of existing
uses within the boundaries of the subdivision and adjacent to the
subdivision. The proposed subdivision will create parcels around the
existing uses (motel, commercial and mortuary) to separate them from the
larger proposed Specific Plan area. The proposed Project will promote infill
development and complements these existing and proposed adjacent land
uses and fulfills the intent of the General PIan.
LU-3.4 Require that approval of new development be contingent upon the
project's abitity to secure appropriate infrastructure services.
The subdivision includes Conditions of Approval which require appropriate
infrastructure. ln addition, the subdivision has been reviewed and
conditioned for consistency with the requirements for domestic water, fire
protection, sewage disposal, fences, and electrical communication facilities.
The Project site is surrounded by other properties located in the proposed
Legado (Fleming) Specific Plan to the east. To the north, property is
deiignated 2.1-5 du/acre Residentia! and Commercial Office (CO). Property
to the south of the site is designated Economic Development Corridor (EDC)
and Public Facilities. Encanto Drive and lnterstate 215 are along the
Project's western boundary. These classifications are compatible with the
Specific Plan designations of the Project site'
Section 2: Consisfe ncy with the Zoning Code.
The Project is zoned Single-family Residential (R-1), Economic
Development Corridor-McCall Boulevard (EDC-MB) and Scenic Highway
Commercial (C-P-S). The proposed parcel map does not include
development of any of the properties. The existing uses within the property
are allowed in the zone. The Project, a subdivision for conveyance
purposes, is consistent with existing zoning and development standards.
Surrounding zoning includes, One Family Residential (R-1) to the north,
south, and east, Mobile Home Subdivisions and Mobile Homes to the south
and east, Scenic Highway Commercial (C-P-S) to the north and south,
EDC-MB to the south, and Encanto Road and lnterstate 215 are located to
Tentative Parcel MaP No. 2017-339
Page 3 of 4
the west. No development, including grading, building or infrastructure is
proposed with the subdivision. The applicant is proposing the subdivision
for conveyance purposes only. Future uses of the property would be
developed consistent with the Zoning Code and General Plan. Existing
uses iocated within the boundaries of the subdivision are generally
consistent with the zoning classifications. Therefore, the Project is
compatible with surrounding zoning.
Section 3:Consisfe ncy with Ordinance 460 Regulating the Division of Land.
The subdivision is a Schedule'F'subdivision of 184.76 acres into four (4)
parcels. A Schedule 'F' parcel map is defined by Ordinance No. 460 as any
division of land into four (4) or less parcels where any parcel is not less
than 18,000 square feet in net area. The subdivision has been reviewed
and conditioned for consistency with the requirements for streets, domestic
water, fire protection, Sewage disposal, fences, and electrical
communication facilities. The subdivision is consistent with the Schedule
'F' map requirements of Ordinance No. 460.
The site is physically suitable for the type of development and the proposed
density of the develoPment.
The Project site is vacant, relatively flat and disturbed as a result of
previous agricultural use and due to existing uses. There are a variety of
existing uses within the boundaries of the subdivision and adjacent to the
subdivision. The proposed subdivision will create parcels around the
existing uses (motel, commercial and mortuary) within the site in order to
separate them from the larger proposed Specific Plan parcel. The site is
suitable for this type of development.
Surrounding Uses. Approval of the application will not create conditions
materialty detrimentat to the pubtic health, safety and general welfare or
injurious to or incompatible with other properties or land uses in the proiect
vicinity.
Single-family residential uses and vacant land are located to the north of
the Project iite. Vacant land, residentral and Hans Christian middle school
is located to the east of the site. To the south uses include, residential
(mobile home-park), Hans Christian middle school, vacant land and
commercial uses. To the west is Encanto Road and lnterstate 215.
Section 4:
Section 5:
The Project is compatible with the surrounding land uses, General Plan
land use designations, and zoning classifications. The Project is not
anticipated to Create conditions materially detrimental to the public health,
safety and general welfare or injurious to or incompatible with other
properties or land uses in the project vicinity.
Compliance with CEQA. Process ing and approval of the permit application
are in compliance with the requirements of the California Environmental
Quality Act.
The proposed Project has been determined to be Categorically Exempt
(Class 15 - Section 15315, "Minor Land Dlvisions") under the California
Section 6:
Tentative Parcel Map No. 2017-339
Page 4of 4
Environmental Quality Act (CEQA) and CEQA Guidelines. The proposed
Project is for the subdivision of 184.76 acres into four (4) parcels. The
proposed Project is located within an urbanized area zoned for commercial
and residential uses. The proposed subdivision conforms to the City's
General Plan and Zoning Code. No variances or exceptions are required
for implementation of this subdivision. All services and access to the
proposed parcels to Iocal standards are available. Lastly, the parcel was
not involved in a division of a larger parcel within the previous two (2) years,
and the parcel does not have an average slope greater than 20 percent.
Accordingly, the proposed Tentative Parcel Map would meet all of the
requirements specified in CEQA Guidelines Section 15315 and therefore
would be exempt from formal CEQA review.
Section 7:The Planning Commission of the City of Menifee approves Tentative Parcel
Map No. 20i7-339 (PM37379) subject to the Conditions of Approval Exhibit
"1" to this Resolution.
pASSED, APPROVED AND ADOPTED this the 11th day of DECEMBER 2019
Rob arrman
Attest:
anie Roseen, Deputy City Clerk
App to form:
Thai Phan, Deputy City Attorney
STATE OF CALTFORNTA )
COUNTY OF RIVERSIDE ) ss
crTY oF MENTFEE )
l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC19-474 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 11 day of December2019
by the following vote:
Ayes: Diederich, Phillips, Thomas, Madrid, Karwin
Noes: NoneAbsent: None
Abstain: None
nre Roseen,
-'*,neNtreEI .ffir
,
O3.
Deputy City Clerk
t
Planning Application No.:
Project Description:
EXHIBIT '11"
GONDITIONS OF APPROVAL
Tentative Parcel Map No. 2017-337 (PM37379)
Tentative Parcel Map 37379 (TPM 37379) proposes to
subdivide 184.76 acres into four (4) separate parcels. The
proposed parcel map proposes to separate property
included in the Legado Specific Plan (LSP), formerly known
as the Fleming Ranch Specific Plan (FRSP) from areas that
are not located within the LSP. Proposed Parcel 1 includes
the existing Evans Brown Mortuary. Proposed Parcel2 and4 would create a parcels for property located west of
Sherman Road within the boundary of the Legado SP
(property east of Sherman in the Legado SP is already
within a legal parcel). Proposed Parcel 3 contains an
existing motel (America's Best Value lnn) and existing
commercia! buildings.
The Parcel Map is needed to create legal parcels aroundthe existing and proposed uses, allowing for the
conveyance of ownership. No development, including
grading or building is proposed. The applicant is proposing
the subdivision for conveyance purposes only. The
proposed subdivision does include the dedication of right-
of-way consistent with City standards.
The p@ect site is located east of Encanto Drive, south of
Rouse Road, and west of Sherman Road.
Assessor's Parcel No.: 333-020-010 and 333-030-007, 008, 012,013, 021 , and 022
MSHCP Category: Commercial and Residential
DIF Gategory: Commercial and Residential
TUMF Category: Commercia! and Residential
Quimby Category: N/A (at this time)
Approval Date: December 11,2019
Expiration Date: December 11,2022
Within 48 Hours of the Approval of This Project
Filins Notice of Exemption. The applicanUdeveloper shall deliver to the
Planning Division a cashier's check or money order made payable to the
County Clerk in the amount of Fifty Dollars ($5O.OO1 for the County
1
Conditions of Approval PM37379 (Planning Application No. 2017-339)
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2
administrative fee, to enable the City to file the Notice of Exemption as
provided under Public Resources Code Section 21152 and California Code of
Regulations Section 15062. Per Fish and Wildlife Code Section 711.4(c)(3),
a project shall not be operative, vested or final and local government permits
for the project shall not be valid until the filling fees required are paid.
lndemnification. ApplicanUdeveloper shall indemnify, defend, and hold
harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors,
consultants, and agents from and against any and all claims, liabilities, losses,
fines, penalties, and expenses, including without limitation litigation expenses
and attorney's fees, arising out of either the City's approval of the Project or
actions related to the Property or the acts, omissions, or operations of the
applicanUdeveloper and its directors, officers, members, partners, employees,
agents, contractors, and subcontractors of each person or entity comprising
the applicanUdeveloper 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.
Conditions of Approval PM37379 (Planning Application No. 2017-339)
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Section l: Conditions applicable to All Departments
Section !l: Gommunity Development Gonditions of
Approval
Section III: Engineering/Grading/Transportation
Gonditions of Approval
Section lV: Riverside Gounty Fire Department
Conditions of Approval
Section V: Riverside Gounty Environmental Health
Conditions of Approval
Conditions of Approval PM37379 (Planning Application No. 2017-339)
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Section l:
Conditions Applicable to all
Departments
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General Conditions
1. Definitions. The words identified in the following tist that appear in all capitalsin the attached conditions of Tentative Parcel Map No. 37379 shall be
henceforth defined as follows:
TENTATIVE MAP = Tentative Parcel Map No. 2017-339 (PM 37379), dated
November 1, 2019, (Planning Application No. 2017-339)
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
2. 90 Days. The developer/owner has 90 days from the date of approval of these
conditions to protest, in accordance with the procedures set forth in Government
Code Section 66020, the imposition of any and all fees, dedications,
reservations and/or other exactions imposed on this project as a result of the
approval or conditional approval of this project.
3. Newly lncorporated City. The City of Menifee is a new City, incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. 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. Such fees may include but are not limited to processing fees for the costs
of providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services, and
development impact fees to mitigate the impact of the development proposed
on public improvements. To the extent that Menifee may develop future
financing districts to cover the costs of maintenance of improvements
constructed by development, Permittee 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.
The Permittee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
4. Comply with Ordinance 460. This land division shall comply with the State of
California Subdivision Map Act and to all requirements of Ordinance No. 460,
Schedule F, unless modified by the conditions listed herein.
5. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the City of Menifee Planning Commission's original
approval date, unless extended as provided pursuant to the, Subdivision Map
Act, Ordinance No. 460 or subsequent ordinance adopted by the City. Action
on a minor change and/or revised map request shall not extend the time limits
of the originally approved TENTATIVE MAP. lf the TENTATIVE MAP expires
before the recordation of the final phase, no further FINAL MAP recordation
shall be permitted.
Conditions of Approva! PM37379 (Planning Application No. 2017-339)
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6. No Grading or Building Permits. Planning Application 2017-339 Tentative
Parcel Map (PM37379) is for a Schedule F subdivision. No grading or building
permits shall be issued pursuant to this subdivision.
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Section II:
Gommunitv Develo pment
Department Gonditions of
Approval
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General Conditions
7. Outside Lighting. Any outside lighting shall be hooded and directed so as not
to shine directly upon adjoining property or public rights-of-way and so as to
prevent either the spillage of lumens or reflection into the sky.
8. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not
including on-site advertising or directional signs) shall be constructed or
maintained within the property subject to this approva!.
9. Reclaimed Water. The permittee shal! 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.
10. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this parcel map as a principal place of
residence. No person shall be entitled to vote using an address within the
premises as a place of residence.
1 1. Rules for Construction Activities. The applicant shall adhere to the Best
Available Control Measures (BACMS). SCAQMD Rules that are currently
applicable during construction activity for the project include, but are not limited
to: Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403
(Fugitive Dust); and Rule 1186 11186.1 (Street Sweepers). The specific Rule
403 regulatory requirements that are applicable to the project are as follows:
Al! clearing, grading, earth-moving, or excavation activities shall cease
when winds exceed 25 mph per SCAQMD guidelines in order to limit
fugitive dust emissions.
The contractor shall ensure that all disturbed unpaved roads and disturbed
areas within the project are watered at least three times daily during dry
weather. Watering, with complete coverage of disturbed areas, shal! occur
at least three times a day, preferably in the midmorning, afternoon, and
after work is done for the day. lmplementation of this measure is estimated
to reduce PMro and PMz.s fugitive dust emissions by approximately 610/o.
The contractor shall ensure that traffic speeds on unpaved roads and
project site areas are reduced to 15 miles per hour or less to reduce PMro
and PMz sfugitive dust haul road emissions by approximately 44o/o.
12. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402
which prohibits a person from discharging any source quantities of air
contaminants or other materia! which cause injury, nuisance, or annoyance to
any considerable number of persons or to the public.
13. No Outdoor Storage. No outdoor storage is allowed within or upon the site.
No storage lockers, sheds, metal container bins, or metal shipping containers
(excluding containers for recycling centers) will be allowed to be stored outside
unless first reviewed and approved by the Community Development
Department.
o
a
a
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14. Hazardous Materials. Hazardous materials are not accepted at Riverside
County landfills. ln compliance with federat, state, and local regutations and
ordinances, any hazardous waste generated in association with the project shall
be disposed of at a permitted Hazardous Waste disposal facility. Hazardous
waste materials include, but are not limited to, paint, batteries, oil, asbestos,
and solvents. For further information regarding the determination, transport,and disposal of hazardous waste, please contact the Riverside County
Department of Environmental Health, Environmental Protection and Oversight
Division, at 1 -800 -722-4234.
15. Outdoor Events/Temporary Uses. A temporary use permit, shall be required
for outdoor events and/or temporary uses as described in Menifee Municipal
Code Chapter 9.6 and include, but not limited to, Farmer's Markets, art and car
shows, and sidewalk sales.
16. Existing Uses and Future Right-of-Way Dedications. Improvement and
dedications of Encanto Road and Rouse Road adjacent to the project may result
in the removal of existing on-site improvements, including but not limited to,
signage and modifications to the parking areas and driveways for Parcet 1,
Parcel 3 and in front of the convalescent home (between Parcel 3 and Parcel4). Prior to approval of street improvement plans, updated site plans for the
affected parcels shall be submitted for review and approval by the Community
Development Department. The plans shall illustrate circulation and parking
modifications resulting from the ultimate dedication/improvements on Rouse
Road and Encanto Road. Any signs removed due to the improvements and
dedications shall be replaced with signage consistent with the City's current
Sign Ordinance.
Archaeologv
18. 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 unti! a fina! 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. Human remains from other
ethnic/cultural groups with recognized historica! associations to the project area
shall also be subject to consultation between appropriate representatives from
that group and the Community Development Director.
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17. Pedestrian/NEV Bridge at Rouse. The City of Menifee General Plan shows
an overcrossing/bridge over lnterstate 215 at Rouse Road. A future landing site
on the east side of lnterstate 215 is anticipated to be accommodated on Parcel2. Additional details regarding placement and fair share for the bridge will be a
condition on future development of Parcel2.
a. 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.
b. 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.
c. Grading of further ground disturbance shall not resume within the area of
the discovery unti! an agreement has been reached by all parties as to the
appropriate m itigation.d. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Treatment and Monitoring
Agreements entered into with the appropriate tribes. This may include
avoidance of the cultural resources through project design, in-place
preservation of cultural resources located in native soils and/or re-burial on
the Project property so they are not subject to further disturbance in
perpetuity.
e. Pursuantto Calif. Pub. Res. Code S 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 wil! 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
Environmenta! 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."
Paleontologv
20. lnadvertent Paleontological Find. ln the event that fossils or fossil-bearing
deposits are discovered during construction, excavations within fifty (50) feet of
the find shal! be temporarily halted or diverted. The contractor shall notify a
qualified paleontologist to examine the discovery. The paleontologist shall
document the discovery as needed in accordance with Society of Vertebrate
Paleontology standards, evaluate the potentia! resource, and assess the
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19. lnadvertent Archeological Find. lf during ground disturbance activities,
unique cultural resources are discovered that were not assessed by the
archaeological report(s) and/or environmenta! 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).
significance of the find under the criteria set forth in CEQA Guidelines Section15064.5. The paleontologist shall notify the Community Development
Department to determine procedures that would be followed before construction
is allowed to resume at the location of the find. lf in consultation with the
paleontologist, the Project proponent determines that avoidance is not feasible,
the paleontologist shall prepare an excavation plan for mitigating the effect of
the Project on the qualities that make the resource important. The plan shall be
submitted to the Community Development Department for review and approval
and the Project proponent shall implement the approval plan.
Landscaping
21.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
contro! measures as approved by the Community Development Department
and the South Coast Air Quality Management District (SCAOMD).
22. Landscaping. All plant materials within landscaped common areas shall be
maintained in a viable groMh 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.
23. Landscape Maintenance. The land divider, or any successor-in-interest to the
land divider, shall be responsible for maintenance and upkeep of al! landscaped
areas and irrigation systems within the land division until such time as those
operations are the responsibility of a property owner's association, or any other
su ccessor-i n-i nterest.
FEES
24. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to final map, 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
submitta!, as required by Resolution No. 1 3-320 (Cost of Services Fee Study),
or any successor thereto. Each submittal sha!! be accompanied with a Ietter
clearly indicating which condition or conditions the submittal is intended to
comply with.
Prior to Final Map
25. Final Map. After the approval of the TENTATIVE MAP and prior to the
expiration of said map, the developer/owner shall cause the real property
included within the TENTATIVE MAP, or any part thereof, to be surveyed and
a FINAL MAP thereof prepared in accordance with the current Engineering
Department requirements, the conditionally approved TENTATIVE MAP, and in
accordance with Article IX of Ordinance No. 460.
Conditions of Approva! PM37379 (Planning Application No. 2017-339)
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26. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or
registered civil engineer.
27. ECS. The developer/owner shall prepare an Environmental Constraints Sheet
(ECS) in accordancewith Section2.2. E. & F. of Ordinance No.460, which shall
be submitted as part of the plan check review of the FINAL MAP.
28. Dark Sky Ordinance. The following Environmenta! Constraints Note shall be
placed on the ECS:
"This property is subject to lighting restrictions as required by the Menifee
Municipal Code Chapter 6.01, the "Dark Sky Ordinance", 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 the Dark Sky
Ordinance."
29. Survey Ghecklist. The Engineering Department shall review any FINAL MAP
and ensure compliance with the following:
A. Al! parcels on the FINAL MAP shal! be in substantial conformance with
the approved TENTATIVE MAP relative to size and configuration.
B. All lots on the FINAL MAP shall comply with the length to width ratios,
as established by Section 3.8.C. of Ordinance No. 460.
C. The total number of parcels on the fina! map shall be 4.
30. Fees. Prior to recordation, the Planning 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-i n-i nterest.
FEES
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Section lll:
Engineerinq/Trans portationl
Gradins Gonditions of Approval
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A. ENGINEERING CONDITIONS
1. Subdivision Map Act - The developer/property owner shal! comply with the State
of California Subdivision Map Act (SMA).
2. lmprovements and Dedication Requirements - Pursuant to Section 66411.1 of
the SMA, the regulations for land divisions' less than five lots shall be limited to
dedications of rights-of-way/easements and construction of reasonable onsite and
offsite improvements for the parcels being created. Said improvements can be
deferred until the time a permit or other grant of approval for development of a
parcel is issued by the City or upon a finding by the City that fulfillment of the
improvement requirements is necessary for either reasons of public health and
safety, or is a necessary requisite to the orderly development of the surrounding
area. Such deferment of improvements shall be secured by execution of an
agreement, herein referred as "Covenant of lmprovement Requirements" by and
between the subdivider and City of Menifee. Sections 10.4 and 10.9 of City-
adopted County Ordinance 460 allows entering into an agreement for
construction/installation of improvement requirements. Minimum improvements
and dedication requirements, as depicted on the Tentative Parcel Map, shall be as
follows. Al! dedications are to City of Menifee unless othenrvise noted.
STREET RIGHT.OF-WAY AND B!CYCLE/PEDESTRIAN
DEDICATIONS
EASEN/ENT
a Encanto Drive - classified as a Major Roadway per City's General Plan
shall dedicate an additional 19 feet to 33 feet on east side of the road to
attain a modified right-of-way width of 93 feet, from Rouse Road to the
southerly subdivision boundary, including the frontage of the existing
convalescent property south of Parcel 4.
o Rouse Road - classified as a Secondary Roadway per City's General Plan
shall dedicate an additional SO-foot wide right-of-way on south side of the
road fronting Parcel 1 (Mortuary site) and an additional 70-foot on south
side of the road fronting Parcel 2. The right-of-way dedication is from
Encanto Drive to the easterly subdivision boundary, being the east
boundary line of Parcel 2. There is existing SO-foot wide dedication on north
side of the road.
A Secondary Roadway classification requires a right-of-way width of 100
feet. Along the frontage of Parcel 1 (Mortuary site), the right-of-way is
maintained at 100 feet. However, along the frontage of Parcel 2, due to
accommodation of improvements for meandering sidewalk and trail, the
width is increased to 120 feet.
a Chambers Avenue - classified as a Secondary Roadway per City's
Genera! Plan shall dedicate a 10O-foot-wide right-of-way from Encanto
Drive to Sherman Road, excepting therefrom existing right-of-way
dedication. The exception to the dedication is located within and along the
easterly two-fifth of the road to Sherman Road, of which along this segment
of the road would only require the dedication of 50 feet, representing the
north half of the road.
Conditions of Approva! PM37379 (Planning Application No. 2017-339)
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Sherman Road - classified as a Major Roadway per City's General Plan.
Sufficient dedication to meet this classification shall be provided prior to the
development or re-subdivision of Parcel 2. The dedication shall also include
any additional dedication and/or easements beyond the General Plan
requirement that maybe required of Sherman Road to meet the proposed
specific plan for this project. The dedication is from Rouse Road to
Chambers Avenue.
LANDSGAPE EASEMENT A 10-20foot wide easement along and
adjacent to the northerly right-of-way of Chambers Avenue.
BICYCLE AND PEDESTRIAN EASEMENT FOR 1.215 OVERCROSSING
AT ROUSE ROAD (EAST OF l-215) - to be dedicated to the City on the
parcel map or by a separate instrument.
Necessary easement required to accommodate a minimum of 16-foot wide
bicycle and pedestrian improvements along the southerly side of Rouse
Road. The bicycle lane and pedestrian walkway improvements may
encroach into the right-of-way for Rouse Road and that only the additional
width, if needed, is to be dedicated for such purposes.
ACCESS FOR THE CONVALESCENT PROPERTY - The access fTOM
Encanto Road for the existing convalescent home south of proposed Parcel
4 is within the limits of the proposed Parcel 4. The subdivider is proposing
to develop Parcel 4 that may eliminate this existing access. Prior to the
recordation of the parcel map, the subdivider shall provide and/or grant an
access easement to the convalescent property owner. The width of access
easement shall allow for a two-way vehicular traffic, i.e. a minimum of 24
feet wide. The design and location of the access shall be reviewed and
approved by the PW Director/City Engineer.
a
a
a
a
o
STREET IMPROVEMENTS. Encanto Drive - classified as a Major Roadway per City's General Plan
shall be designed and constructed to City Standard No. 110 (Modified),
with varying curb to curb roadway width determined by the City Engineer,
including concrete curbs, gutters, sidewalk along east side of the road,
bike/NEV lanes on both sides, and street transition improvements.
lmprovements shall be from Rouse Road to the southerly limit of the
subdivision, including the segments fronting the mortuary parcel (Parcel 1)
and the convalescent property between Parcel 3 and Parcel 4.
Rouse Road - classified as a Secondary Roadway per City's General Plan
shall be designed and constructed to City Standard No. 111, with City
approved curb to curb roadway with concrete curb, gutter, sidewalk,
bike/NEV lane, trai! along south side of the road, and street transition
improvements. lmprovements shall be from Encanto Drive to the easterly
limit of the subdivision.
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a Chambers Avenue - classified as a Secondary Roadway per City's
General Plan shall be designed and constructed to City Standard No. 1 1 1
(Modified), with varying curb to curb roadway width determined by the City
Engineer, complete with concrete curbs, gutters, and sidewalks.
lmprovements shall be from Encanto Drive to sherman Road.
PROJECT SPECIFIC WATER QUALITY MANAGEMENT PLAN (FINAL WOMP)
- Prior to issuance of an encroachment permit for the street paving improvements,
a FINAL project specific WQMP shall be submitted, reviewed and approved by the
Public Works Engineering Department. The final developed project constructionplans shall implement all structural and non-structural BMPs specified in the
approved FINAL WQMP. The FINAL WQMP submittal shall include at the
minimum the following reports/studies:
(a) Hydrology/hydraulics report
(b) Soils Report that includes soil infiltration capacity
Limited Phase ll Environmental Site Assessment Report as maybe required by an
approved Phase I ESA
WATER QUALITY BMPs - shall be designed and constructed per City-approved
water quality management plan (WOMP).
DOMESTIC WATER IMPROVEMENTS. A domestic water supply and distribution system shall be provided to meet
the requirements as set forth in California Administrative Code, Tiile 22,
Chapter 16 (California Watenruorks Standards). The system shall be
designed and constructed per Eastern Municipal Water District (EMWD)
standards.
FIRE PROTECTION FACILITIES shall be designed and constructed in
accordance with County of Riverside Fire Department requirements and per
EMWD standards.
SEWAGE DISPOSAL SYSTEM. A sewage disposal system shall be provided by connection to an existing
collection system capable of accepting the waste load, or, if an existing
collection is not available by the development, individual subsurface
sewage disposal systems that meet Health Department and the Regional
Water Quality Control Board standards shall be required.. The design and construction of a sewage disposal system that connects to
an existing collection system shall be designed and constructed per EMWD
standards.
FENCES. A six-foot high chain link galvanized wire fence or approved equal as
determined by the Director of Public Works shal! be installed along any
canal, drain, or expressway or other feature deemed to be hazardous.
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ELECTRICAL AND COMMUNICATION FACILITIES shall be installed in
conformity with the provisions of Article Xlll of City-adopted County Ordinance No.
460.. Dry Utility lnstallations - Electrical power, telephone, communication,
street lighting, and cable television lines shall be placed underground in
accordance with City adopted Riverside County Ordinance 460 and 461,
or as approved by the Public Works Directo/City Engineer. This applies
also to existing overhead Iines which are 33.6 kilovolts or below along the
project frontage and within the project boundaries which includes between
the nearest poles offsite in each direction of the project site. A disposition
note describing the above shall be reflected on design improvement plans
whenever those plans are required. A written proof for initiating the design
and/or application of the relocation issued by the utility company shall be
submitted to the Public Works Department for verification purposes. Prior
to issuance of a Certificate of Occupancy, the developer/property owner
shall submit to the PW Engineering Department, written proof from the
pertinent utility company that the required utility work has been completed.
3. The subdivider shall cause to be prepared a "Covenant of lmprovement
Requirements" (Covenant) for the aforementioned improvements to be
constructed. lt shall be submitted to the City for review and approval prior to
execution by and between the subdivider and City of Menifee. Said Covenant shall
be recorded prior to map recordation and shall be noticed by a statement on the
parcel map.
4. A parcel map shall be prepared, pursuant to the requirements of the SMA and City-
adopted Ordinance 460. lt shall be submitted to the City Engineering Department
for review and approval. At first submittal of the parcel map for review, the
subdivider or its authorized land surveying professional shall provide the City with
a Preliminary Title Report (PTR) (not older than 60 days old), recorded documents
of existing easements or other instruments affecting land title or rights, traverse
closure calculations, map review fee payment, and conditions of approval (COA).
Map review fee shall be determined by City at first submittal of parcel map review.
Additional submittals, if determined by City's map checker to be needed shall be
submitted upon demand.
5. A copy of the environmental constraint sheet (ECS) shall be submitted to the City
for review and approval. All submittals shall be date stamped by the engineer or
land surveyor and include appropriate map/plan check fees.
6. Street rights-of-way dedications shall be properly delineated and noted on the
parcel map.
7. All property taxes, bonds, assessments, and or securities required by the County
Assessor's Office and/or the Board of Supervisors of the County of Riverside shall
be paid or satisfied.8. A "subdivision Guarantee" shall be provided to the City prior to or at time of map
recordation.
After Map Recordation
9. The subdivider shall provide the City of Menifee a mylar copy of the recorded
parcel map as soon as it is available thereafter recordation (no later than 3 months
after).
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Prior to Map Recordation
Prior fo Construction of Public lmprovements
10. Engineered Plans -All improvement plans shall be drawn on twenty-four(24) inch
by thirty-six (36) inch Mylar and signed by a registered civil engineer or other
registered/licensed professiona! as required.
11. PIan Check Submittals - Appropriate plan check submittal forms shall be
completed and required plan copies, necessary studies/reports, references, fees,
deposits, etc. shall be submitted as outlined in the City approved submittal forms.
All submittals shall be date stamped by the engineer. All improvement plans shall
be provided in both pdf and shapefile format files on Compact Disc (CD). ACAD
files 2004 or Iater are required for a!! final maps upon approval.
12. Guarantee for Required lmprovements - Financial security shall be provided to
guarantee the construction of all required improvements. The Public Works
Director may require the dedication and construction of necessary utilities, streets
or other improvements outside the area of any particular map phase if the
improvements are needed for circulation, parking and access or for the welfare
and safety of future occupants of the development.
13. Bond Agreements and lmprovement Security - To guarantee the construction
of all required improvements, the developer/property owner shall enter into security
agreements and post bonds in accordance with applicable City policies and
ordinances. The improvements shall include, but not Iimited to: street
improvements, street lights, traffic signals, signing and striping,
water/sewer/recycled water i m provements a nd storm d rai nage faci I ities.
14. Fees, Deposits, lmpact Fees. Priorto final map recordation, the subdivider shallpay all applicable fees, deposits and development impact
f e e s associated with the parcel map recordation. These may include regionalfees and any applicable mitigation fees determined
a p p I i ca b le to th i s p roj ect. Said fees and deposits shall be collected
at the rate in effect at the time of collection as specified in current City resolutions
and ordinances.
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Section lV:
Riverside Countv Fire Department
Gonditions of Approval
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General Conditions
1. Fire Protection Planning Office Responsibility. lt is the responsibility of the
recipient of these Fire Department conditions to fonrvard 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
Marshal, Sonya Rivera-Bu, al 29844 Haun Road, Menifee, CA 92584. Phone:
(e51 ) 723-3765.
Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on
private streets, public streets and driveways to indicate location of fire hydrants.
3. Hydrant Location. Fire hydrants shall be located within 600' of all exterior portions
of the structures with residential sprinkler systems, along required fire apparatus
access roads, and adjacent to public streets in the quantities and up to the
maximum distance as required by California Fire Code, Riverside County Fire
Department and City of Menifee.
4. Hydrant Fire Flow. Fire hydrant(s) shall be capable of delivering fire flow as
required by the California Fire Code and Riverside County Fire Department and
City of Menifee standards.
5. Water Mains. The water mains shall be capable of providing required fire flow
6. Water Verification. The required water system, including all fire hydrant(s), shal!
be installed and accepted by the appropriate water agency and the Riverside
County Fire Department prior to any combustible building material placed on an
individual lot. Approved water plans must be at the job site.
7. Address. The address shall be posted per Riverside County Fire Department
standards and will be clearly visible from public roadway.
8. Fire Department Access. Fire Department apparatus access shall be provided to
within 300 feet of all portions of all buildings. Driveway loops, fire apparatus access
Ianes and entrance curb radius should be designed to adequately allow access of
emergency fire veh icles.
9. Fire Protection Systems. Residential Fire sprinkler systems: All residential
buildings shall have NFPA 13D fire sprinkler systems installed.
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Section V:
Riverside Countv Environmental
Health Conditions of Approval
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General Conditions
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.
Hazardous Materials - General. If a previously unidentified release or
threatened release of a hazardous material or the presence of a naturally
occurring hazardous material is discovered during development at the site,
construction activities shall cease and RCDEH-ECP and/or the appropriate
regulatory agency shall be notified immediately. Additionally, further
assessment and/or clean up may be required.
Prior to Final Map
Water System. A water system shall have plans and specifications approved
by the water company and the Department of Environmental Health.
Securities. Financia! arrangements (securities posted) must be made for the
water improvement plans and be approved by City Attorney.
Sewer System. A sewer system shal! have mylar plans and specifications as
approved by the District, the Engineering Department and the Department of
Environmental Health.
Annexation. Annexation proceedings must be finalized with the applicable
purveyor for sanitation service.
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End of Conditions
The undersigned warrants that he/she is an authorized representative of the project
referenced above, that I am specifically authorized to consent to all of the foregoing
conditions, and that I so consent as of the date set out below.
BLC FLEMING LLC,
a Delaware limited liability company
By: Bristol Land Company LLC,
a Delaware llmited liability company
Its Authorized Agent
By:Date:
Printed Name:
Its Authorized Agent and Signatory
By Date:
Printed Name:
Its Authorized Agent and Signatory
THE FLEMING FAMILY LIMITED PARTNERSHIP,
a California limited partnership
By: F&N, LLC, a California limited liability company,
General Partner
By:Date:
Fred J. Fleming, Manager
By:Date
Nancy L. Oren, Manager
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