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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) 1 of23 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) 2of23 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) 3of23 Section l: Conditions Applicable to all Departments Conditions of Approva! PM37379 (Planning Application No. 2017-339) 4of23 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) 5of23 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. Conditions of Approval PM37379 (Planning Application No. 2017-339) 6of23 Section II: Gommunitv Develo pment Department Gonditions of Approval Conditions of Approva! PM37379 (Planning Application No. 2017-339) 7 of23 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 Conditions of Approval PM37379 (Planning Application No. 2017-339) 8of23 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. Conditions of Approval PM37379 (Planning Application No. 2017-339) 9of23 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 Conditions of Approva! PM37379 (Planning Application No. 2017-339) 10 of 23 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) 11 of 23 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 Conditions of Approval PM37379 (Planning Application No. 2017-339) 12 of 23 Section lll: Engineerinq/Trans portationl Gradins Gonditions of Approval Conditions of Approva! PM37379 (Planning Application No. 2017-339) 13 of 23 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) 14 of 23 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. Conditions of Approval PM37379 (Planning Application No. 2017-339) 15 ot 23 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. Conditions of Approval PM37379 (Planning Application No. 2017-339) 16 of 23 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). Conditions of Approval PM37379 (Planning Application No. 2017-339) 17 of 23 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. Conditions of Approval PM37379 (Planning Application No. 2017-339) 18 of 23 Section lV: Riverside Countv Fire Department Gonditions of Approval Conditions of Approval PM37379 (Planning Application No. 2017-339) 19 of 23 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. 2 Conditions of Approval PM37379 (Planning Application No. 2017-339) 20 of 23 Section V: Riverside Countv Environmental Health Conditions of Approval Conditions of Approva! PM37379 (Planning Application No. 2017-339) 21 of 23 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. 1 2 3. 4. 5. 6. Conditions of Approval PM37379 (Planning Application No. 2017-339) 22 of 23 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 Conditions of Approval PM37379 (PIanning Application No. 2017-339) 23 of 23