PC20-486RESOLUTION NO. PC 20.486
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MEN!FEE, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL
APPROVE TENTATTVE TRACT MAP NO. 2018-06s (TR NO. 37400)
FOR THE SUBDIVISION OF 46.9 ACRES INTO f74 RESIDENTIAL
LOTS, A '1.23 ACRE PARK, A WATER QUALITY BASIN, PASEOS
AND PARKWAYS LOCATED SOUTH OF MCLAUGHLIN ROAD, EAST
OF EVANS ROAD, NORTH OF ROUSE ROAD, AND WEST OF
BARNETT ROAD
WHEREAS, on March 8, 2018, the applicant, Garrett Group, filed a formal
application with the City of Menifee for the approval of Tentative Tract Map No. 2018-
065 for a Schedule 'A' subdivision of 46.9 gross acres into 174 single-family residential
lots with a minimum lot size of 7,20Q square feet, a 1.23 acre park, a water quality basin,
two (2) paseos and parkways located south of McLaughlin Road, east of Evans Road,
north of Rouse Road, and west of Barnett Road; and,
WHEREAS, on February 26,2020, the Planning Commission held a duly noticed
public hearing on Tentative Tract Map No. 2018-065, considered all public testimony as
well as all materials in the staff report and accompanying documents, 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 and occupants 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:Consistency with the General Plan. The tentative tract map is consisfenf
with the General Plan Land Use Arlap, Specific Plan and applicable General
Plan objectives, policies, and programs.
Consistencv with General Plan
The General Plan land use designation for the subject parcel is 2.1-5
Dwelling Units Residential (2.1-5R). The 2.1-5R designation is intended for
single-family detached and attached residences with a density range of 2lo
5 dwelling units per acre. The project proposes a subdivision of 46.9 acres
into 174 single-family residential lots with a minimum lot size of 7,200
square feet and an overall density of 3.71 dwelling units per acre.
Therefore, the proposed project is consistent with the 2.1-5R General Plan
designation of the site.
The project is surrounded to the north by properties designated by the
General Plan as Public Utility Corridor, 2.1-5R to the south, 5.1-8
Residential (5.1-8R), 8.1-14 Residential (8.1-14R) and Open Space-
Recreation (OS-R) to the east and 2.1-5R to the west. These classifications
are compatible with the existing General Plan designation of the subject
site.
ln addition, the project is consistent with the following City of Menifee
General Plan policies:
Project Design
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Tentative Tract Map No. 2018-065
Date: February26,2020
LU-1.1 Concentrate growth in strategic locations to help preserve rural
areas, create place and identity, provide infrastructure efficiently, and foster
fhe use of transit options.
The proposed project is located within an area that is zoned for residential
uses, with existing single-family residential homes to the south, east and
west of the subject site. Therefore, concentrated groMh in strategic
locations would occur and rural areas within the City would be preserved.
LU-3.4 Require that approval of new development be contingent upon the
project's ability to secure appropriate infrastructure seryrces.
The subdivision includes conditions of approval which require roadway
improvements. 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.
C-1.1 Require roadways to:
. Comply with federal, state and local design and safety standards.
The project includes Conditions of Approval which require the dedication
and installation (or bonding) of roadway improvements consistent with the
City's General Plan and the City's Public Works Department Standard
Details.
CD-1.3 Strengthen the identity of individual neighborhoods/communities
with entry monuments, flags, sfreef slgrns, and/or special free sfreefs,
landscaping, and lighting.
The project will include signs at the primary project entrance, street signs,
coordinated street trees, landscaping throughout the project site, and street
lamps.
CD-3.17 Encourage the use of creative landscape design to create visual
interest and reduce conflicts between different /and uses.
The project includes perimeter landscaping, as well as street trees, to
create visual interest and increase buffering and reduce conflicts between
the project site and neighboring land uses.
CD-3.19 Design walls and fences that are well integrated in style with
adjacent structures and terrain and utilize landscaping and vegetation
materials to soften their appearance.
As noted above, the project includes landscaping, as well as street trees,
which will soften the appearance of the perimeter and site interior walls.
The walls that will be visible to the public will be constructed of decorative
masonry block and pilasters which will be well integrated with the adjacent
tracts to the west and south which also contain decorative masonry block
walls.
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Tentative Tract Map No. 2018-065
Date: February26,2020
CD-6.1 Recognize the importance of sfreef trees in the aesthetic appeal of
residential neighborhoods and require the planting of sfreef frees
throughout the City.
The project will include street trees throughout the project site.
Consistencv with Housinq Element.
The Project site is identified in the City's Housing Element as a Housing
Opportunity Site for residential with a density range of 2.1-5 dwelling unitsper acre. This density is anticipated to provide housing capable of
supporting moderate and above-moderate income housing. The proposed
project has a density of 3.71dwelling units per acre and falls within the 2.1-
5 density range identified in the Housing Element. The project is therefore
consistent with the Housing Element.
Consistencv with Multiple Species Habitat Conservation Plan (MSHCP)
The City of Menifee has two (2) active conservation plans within the City's
boundary, the Western Riverside County MSHCP, and the Stephens'
Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is
within the jurisdiction of the SKR-HCP and the Western Riverside County
MSHCP. The prolect site is located inside the Stephen's Kangaroo Rat
(Dipodomys sfephensi) (SKR) Fee Area. The proposed project is located
within the boundaries of the Western Riverside County Multiple Species
Habitat Conservation Plan; however, the project is not located with a
Criteria Cell or Cell Group. The project will be subject to the payment of
fees for a residential prolect consistent with Riverside County Ordinance
No. 810.2 as adopted by the City of Menifee. Therefore, the project will not
conflict with the provisions of the adopted HCP, Natural Conservation
Community Plan, or other approved local, regional, or State conservation
plan and the impact is considered less than significant.
Section 2: Consistency with the Zoning Code.
The current zoning designation of the subject site is Low Density
Residential (LDR-2) which is intended for single-family detached and
attached residences with a minimum parcel size of 7,200 square feet.
However, this project was deemed complete prior to the current zoning
designation becoming effective and was therefore reviewed under the
previous zoning designation for the site, One Family Dwellings (R-1). The
R-1 zone was also intended for single-family detached and attached
residences with a minimum parcel size of 7,200 square feet. The proposed
Tentative Tract Map for the subdivision of approximately 46.9 acres into
174 residential lots, a 1.23-acre park, a water quality basin and paseos and
parkways is consistent with the allowed uses and development standards of
both the R-1 and LDR-2 zones.
Surrounding zoning designations include Low Density Residential (LDR-2)
to the south and west of the subject site, Public Utility Corridor (PUC) to the
north and Medium Density Residential (MDR), Low Medium Density
Residential (LMDR) and Open Space Recreation (OS-R) to the east. These
Page 4 of 5
Tentative Tract Map No. 2018-065
Date: February 26,2020
classifications are compatible with the existing zoning designation of the
subject site.
Section 3: Consistency with Ordinance 460 Regulating the Division of Land,
The Tentative Tract Map proposes a subdivision of approximately 46.9
acres into 174 residential lots, a 1.23-acre park, a water quality basin and
paseos and parkways. The subdivision has been reviewed and conditioned
for consistency with the requirements for lot layout, lot frontage, streets,
domestic water, fire protection, sewage disposal, fences, and electrical
communication facilities. The subdivision is consistent with the Schedule 'A'
map requirements of Ordinance No. 460.
Section 4: The site is physically suitable for the type of development and the proposed
density of the development.
The subject site is vacant and contains relatively flat to gently sloping
topography. There are no environmental constraints within the project site,
such as flood zones, fault zones or watercourses. Existing uses to the
south, east and west includes vacant land and single-family residences. To
the north is vacant land.
The proposed density of the project is similar in character to the nearby
existing residential uses to the south and west of the project site.
Therefore, given the relatively flat to gently sloping topography of the
subject site and the nature of the existing and planned development that
surrounds the project, the site is physically suitable for this type of
development and the proposed density of the development.
Section 5:Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or
injurious to or incompatible with other properties or land uses rn the project
vicinity.
As previously stated, to the north of the project site are similarly sized
single-family homes and to the east and south are single-family residential
properties ranging in size from one-half to three-acre lots and vacant land.
The land to the west is current vacant but has a General Plan land use
designation of 2.1-5R-which is the same designation as the project site.
The project site is zoned LDR-2. The Tract Map would allow for single-
family residential homes with lot size of 7,200 sq. ft. and greater.
The Tentative Tract Map 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.
Section 6: Compliance with CEQA. Processing and approval of the permit application
are in compliance with the requirements of the California Environmental
Quality Act.
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2.
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Tentative Tract Map No. 2018-065
Date: February26,2020
A Mitigated Negative Declaration (MND) has been completed for the
Tentative Tract Map and recommended by the Planning Commission for
adoption by the City Council. The potential environmental impacts from the
Tentative Tract Map are fully analyzed in the MND, which the Planning
Commission has considered as part of its proceedings. No new
environmental impacts have been identified and no further environmental
review is required for this project.
A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and
identifies all mitigation measures that will be required for the project.
NOW THEREFORE, the Planning Commission of the City of Menifee hereby recommends
to the City Council the following:
That the City Council determine that the "Findings" set out above are true and
correct.
That the City Council finds that the facts presented within the public record and
within the Planning Commission Resolution provide the basis to approve Tentative
Tract Map No. 2018-065 (Tentative Tract Map No. 37400), subject to the Conditions
of Approval as set forth in Exhibit "1" to this Resolution.
PASSED, APPROVED AND ADOPTED THIS 26h DAY OF FEBRUARY 2020.
/r*J4
Randy rid, Chairman
Attest:
ie Roseen, Deputy City Clerk
Approved as to form
V Phan, Assistant City Attorney
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EXHIBIT “1”
CONDITIONS OF APPROVAL
Planning Application No.: TR 2018-065 (TM No. 37400)
Project Description: Tentative Tract Map No. 2018-065 (TM No. 37400) proposes a Schedule ‘A’ subdivision of 46.9 gross acres into 174 single-family residential lots with a minimum lot
size of 7,200 square feet and multiple lettered lots including an HOA maintained park (1.23-acre park with a shade structure, barbeque grills, picnic tables and a tot lot),
a WQMP basin (35,550 square feet and CFD maintained), paeos and interior parkways (HOA maintained) and exterior parkways (CFD maintained). The dwelling units
are proposed to be single-family detached homes with proposed residential lot sizes that range from a minimum of 7,200 square feet to 13,507 square feet. No retaining walls have been included with this approval Assessor's Parcel No.: 331-080-005 through 331-080-012, 331-080-018 through 331-080-021, 331-080-024 through 331-080-025, and 331-080-027 through 331-080-028
MSHCP Category: Residential – Density less than 8 du/acre
DIF Category: Single Family Residential
TUMF Category: Single Family Residential
Quimby Category: Single Family Residential
Approval Date: February 26, 2020
Expiration Date: February 26, 2023
Within 48 Hours of the Approval of This Project
1. Filing Notice of Determination (ND/MND). The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Four Hundred
Fifty Six Dollars and Seventy-Five Cents ($2,456.75) which includes the Two Thousand Four Hundred Six Dollars and Seventy-Five Cents ($2,406.75) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination (ND) for the Mitigated or Negative Declaration (MND) required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a
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project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid.
2. Indemnification. Applicant/developer shall indemnify, defend, and hold
harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design,
construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement
with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City.
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Section I: Conditions Applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Section III: Public Works and Engineering Conditions of
Approval
Section IV: Fire Department Conditions of Approval
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Section I:
Conditions Applicable to all
Departments
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General Conditions 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 2018-065 (TM No. 37400) shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Permittee of this project. TENTATIVE MAP (EXHIBIT A) = Tentative Tract Map No. 2018-065, dated September 3, 2019. EXHIBIT G = Conceptual Grading Plan for Tentative Tract Map No. 2018-065,
dated September 3, 2019. EXHIBIT L = Conceptual Landscaping for Tentative Tract Map No. 2018-065,
dated September 3, 2019. EXHIBIT SD = Conceptual Storm Drain Plan for Tentative Tract Map No.
2018-065, dated June 10, 2019. 4. Ninety (90) Days to Protest. The land divider has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 5. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan (incorporated within these Conditions of Approval). 6. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the City of Menifee City Council original approval date, unless extended as provided by the Menifee Municipal Code. Action on a
Minor Change and/or Revised Map request shall not extend the time limits of the originally approved TENTATIVE MAP. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project.
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Section II:
Community Development
Department
Conditions of Approval
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General Conditions 8. Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of the Menifee Municipal Code, unless modified by the conditions listed herein. 9. Offsite Signs. No offsite subdivision signs advertising this land
division/development are permitted, other than those allowed under the Menifee Municipal Code Section. Violation of this condition of approval may result in no further permits of any type being issued for this subdivision until the unpermitted signage is removed. 10. Citywide/Countywide Design Guidelines. The land divider shall comply with
the Riverside County “Countywide Design Standards and Guidelines”. 11. Reclaimed Water. The permittee shall install purple pipes and connect to a
reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District.
12. Phased Construction. If construction is phased, a phasing plan for
construction and landscaping installation shall be approved by the Community Development Director. 13. Ordinance Requirements. The development of the property shall be in accordance with the mandatory requirements of all City of Menifee ordinances and State law, unless otherwise amended or replaced. 14. Riverside County Department of Environmental Health Conditions of Approval. Conditions of approval for the project from the Riverside County
Department of Environmental Health have been attached to this document and shall be complied with accordingly.
FEES 15. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 18-741 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. ARCHEOLOGY/PALEONTOLOGY 16. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the
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treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage
Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. 17. Non-Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California
Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).
18. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the
archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find.
ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of
the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and
practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.”
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iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan 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 as identified in Non-Disclosure of Reburial Condition. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall
make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account
the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City
Planning Commission and/or City Council.”
19. Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries: a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department:
i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources.
ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity.
Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any
reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and
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associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation.
Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report.
20. Inadvertent Paleontological Find. Should fossil remains be encountered during site development:
1) All site earthmoving shall be ceased in the area of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site.
2) The applicant shall retain a qualified paleontologist approved by the County of Riverside.
3) The paleontologist shall determine the significance of the encountered fossil remains. 4) Paleontological monitoring of earthmoving activities will continue thereafter on an as-needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional
fossils has dropped below an acceptable level. 5) If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains.
6) Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory
technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators.
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*The City of Menifee must be consulted on the repository/museum to receive the
fossil material prior to being curated. LANDSCAPING
21. Landscape Plans. All landscaping plans shall be prepared in accordance with
the City’s Water Efficient Landscape Ordinance and City of Menifee Municipal Code. Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority. 22. Landscaping. All plant materials within landscaped common areas shall be maintained in a viable growth condition throughout the life of this permit. To
ensure that this occurs, the Community Development Department shall require inspections in accordance with the Community Development Department’s landscaping installed and inspected conditions.
23. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either
planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD).
24. Landscape Maintenance. The land divider, or any successor-in-interest to the
land divider, shall be responsible for maintenance and upkeep of all landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of a property owner’s association, or any other successor-in-interest.
Prior to Phasing 23. Preliminary Phase Grading. Prior to the approval of an application for a division into units or phasing plan for the TENTATIVE MAP, a conceptual
grading plan covering the entire TENTATIVE MAP shall be submitted to the City of Menifee Community Development Department for review and approval. The preliminary grading plan shall comply with the following:
1) Techniques which will be used to prevent erosion and sedimentation during and after grading process shall be depicted and documented.
2) Approximate time frames for grading and areas which may be graded during the higher probability rain months of January through March shall be identified. 3) Preliminary pad and roadway elevations shall be depicted. 4) Areas where temporary grading occurs on any phase other than the one being graded for development at a particular time shall be identified. The approved preliminary grading plan shall be provided to the Building and Safety – Plan Check Division and shall be used as a guideline for subsequent detailed grading plans for individual units or phases of the TENTATIVE MAP.
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24. Lot Access/Unit Plans. Any division into units or phasing of the TENTATIVE MAP shall provide for adequate vehicular access to all lots in each unit or
phase, and shall substantially conform to the intent and purpose of the land division approval. No approval for any number of units or phases is given by this TENTATIVE MAP and its conditions of approval, except as provided by the Menifee Municipal Code. Prior to Final Map 25. Final Map Required. After the approval of the TENTATIVE MAP and prior to
the expiration of said map, the land divider shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering
Department - Survey Division requirements, the conditionally approved TENTATIVE MAP, and in accordance with the Menifee Municipal Code.
26. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 27. Surveyor Checklist. The City Engineering Department - Survey Division shall review any FINAL MAP and ensure compliance with the following: A. All lots on the FINAL MAP shall have a minimum lot size of 7,200 sq. ft. B. All lot sizes and dimensions on the FINAL MAP shall be in conformance with the development standards of the corresponding zoning classification. C. All lots on the FINAL MAP shall comply with the length to width ratios, as established by the Menifee Municipal Code. D. All knuckle or cul-de-sac lots shall have a minimum of 35 feet of frontage measured at the front lot line.
E. All existing and proposed easements shall be identified on the FINAL MAP.
28. ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with the Menifee Municipal Code, which shall be
submitted as part of the plan check review of the FINAL MAP. A note shall be placed on the FINAL MAP “Environmental Constraint Sheet affecting this map is on file at the City of Menifee Public Works and Engineering Department, in E.C.S Book ___, Page ___. 29. ECS Note on Dark Sky Lighting. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by Menifee Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory.
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All proposed outdoor lighting systems shall be in conformance with Menifee Municipal Code Chapter 6.” 30. ECS Note on MMRP. The following Environmental Constraints Note shall be
placed on the ECS “This property is subject to the Mitigation Monitoring and Reporting Plan adopted as part of the Mitigated Negative Declaration for the Project on file with the Community Development Department.” 31. Maintenance Exhibit. Prior to map recordation, the developer shall prepare an exhibit that shows all open space lots within the tract and the maintenance entity for each lot. The exhibit shall be reviewed and approved by the
Community Development Department and Public Works and Engineering Department. The maintenance exhibit shall be consistent with the concept maintenance exhibit approved as a part of Exhibit L.
FEES 32. Fees. Prior to recordation, the Community Development Department shall determine if the deposit based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the developer/owner and/or the developer/owner's successor-in-interest. Prior to Issuance of Grading Permits 33. Grading Plan Review. The Community Development Department shall review
the grading plans for consistency with the approved tentative map. 34. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map and the MND which must be satisfied prior to the issuance of a grading permit for review and
approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 35. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permittee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 46.9 acres (gross) in accordance with APPROVED EXHIBIT A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required.
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36. Fees. Prior to issuance of grading permits, the Community Development Department shall determine if the deposit based fees are in a negative balance.
If so, any outstanding fees shall be paid by the applicant/developer. 37. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at
least twice daily. Site wetting must occur often enough to maintain a ten (10) percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted
at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as fifty
percent (50%). b. Water active grading/excavation sites and unpaved surfaces at least three (3) times daily; c. All paved roads, parking and staging areas must be watered at least once every two (2) hours of active operations; d. Site access points must be swept/washed within thirty (30) minutes of visible dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds
exceed twenty-five (25) mph;
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l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed fifteen (15) miles per hour over a thirty (30) minute period
or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to fifteen (15) miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site;
r. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within twenty-
four (24) hours of their receipt. 38. Tier IV Diesel. The project will only utilize Tier IV diesel construction equipment. Prior to grading permit issuance, the developer or permittee shall provide proof to the Community Development Department that this condition is being complied with. Documentation from the contractor responsible for
construction stating compliance with this condition of approval will be acceptable. 39. Short-Term Construction Noise Impacts. Prior to Grading Permit issuance, the project applicant shall demonstrate, to the satisfaction of the City of Menifee City Engineer that the project plan specifications comply with the following:
• During all project site excavation and grading on‐site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards.
• The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site.
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• Equipment shall be shut off and not left to idle when not in use.
• The contractor shall locate equipment staging in areas that would create the greatest distance between construction‐related noise sources and sensitive receptors nearest the project site during all project construction
as is feasible.
• The project proponent shall mandate that the construction contractor
prohibit the use of music or sound amplification on the project site during construction.
• The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment.
Note: This condition implements Mitigation Measure NOI-2 of the Initial
Study/Mitigated Negative Declaration. 40. Construction Monitoring. A noise monitoring program shall be implemented during construction. The monitoring program will alert construction management personnel when noise levels approach the upper limits of the residential noise threshold (80 dBA) at the surrounding residential property line. Construction activity will cease prior to noise levels exceeding the residential threshold.
Note: This condition implements Mitigation Measure NOI-3 of the Initial
Study/Mitigated Negative Declaration. 41. Construction Monitoring. A noise monitoring program shall be implemented
during construction. The monitoring program will alert construction management personnel when noise levels approach the upper limits of the residential noise threshold (80 dBA) at the surrounding residential property line.
Construction activity will cease prior to noise levels exceeding the residential threshold.
Note: This condition implements Mitigation Measure NOI-2 of the Initial
Study/Mitigated Negative Declaration.
BIOLOGICAL IMPACTS 42. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within
30 days prior to the issuance of a grading permit, a pre-construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be
provided in writing to the City of Menifee Community Development Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 31) by a qualified biologist shall be required. The City shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be
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issued once the species has been actively relocated.
If the grading permit is not obtained within 30 days of the survey a new survey
shall be required.
If construction and/or disturbance of the site is suspended for a period of days (30) days or more, a new survey shall be required.
If the 30-day pre-construction burrowing owl survey finds owls on the site, the project biologist shall notify California Department of Fish and Wildlife (CDFW) and U.S. Fish and Wildlife Service (USFWS) within two business days of discovering the occupied burrows, and shall subsequently prepare a Burrowing Owl Protection and Relocation Plan for review and approval by the CDFW, USFWS, and the Regional Conservation Authority (RCA) prior to initiating any ground-disturbing activities (including disking and mowing, among others).
Note: This condition implements Mitigation Measure BIO-1 of the Initial
Study/Mitigated Negative Declaration.
43. Nesting Bird Survey. To avoid impacting nesting birds, one of the following
must be implemented:
Conduct grading activities from September 16th through January 31st, when birds are not likely to be nesting on the site; OR
Conduct pre-construction surveys for nesting birds if construction is to take place during the nesting season (February 1st through September 15th). A qualified wildlife biologist shall conduct a pre-construction nest survey no more than 10 calendar days prior to initiation of grading to provide confirmation of the presence or absence of active nests on or immediately adjacent to the project site. If active nests are encountered, species-specific measures shall be prepared by a qualified biologist and implemented to prevent abandonment of the active nest. At a minimum, grading in the vicinity of the nest shall be deferred until the young birds have fledged. An exclusion buffer of 100 feet, or other suitable buffer determined by the City of Menifee in consultation with applicable agencies, shall be maintained until the nest has successfully fledged, depending on the species and location. Construction personnel and activities shall be restricted within the exclusion buffer area. A survey report by the qualified biologist verifying that (1) no active nests are present prior to the
initiation of grading, or (2) that the young have fledged in the nest-setback zone prior to removing the exclusion buffer area. The qualified biologist shall serve as a construction monitor during those periods when construction activities
occur near active nest areas to ensure that no inadvertent impacts on these nests occur. A report of the findings prepared by a qualified biologist shall be submitted to the City prior to ground disturbance and/or issuance of a grading permit.
Note: This condition implements Mitigation Measure BIO-2 of the Initial Study/Mitigated Negative Declaration.
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ARCHEOLOGY 44. Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance
activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development
Department shall clear this condition. In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a. Project grading and development scheduling; b. The Project archeologist and the Consulting Tribes(s) shall attend the pre-grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that
will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and
Consulting Tribe(s) shall make themselves available to provide the training on an as-needed basis; c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of
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inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural
resources evaluation. 45. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Tribal Monitor(s) shall have the authority to temporarily divert, redirect or halt the
ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. 46. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder
shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist.
PALEONTOLOGY 47. Paleontologist Required. This site is mapped as having a high potential for paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS: The permittee shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project-specific plan for monitoring site
grading/earthmoving activities which exceeds 5 feet in depth in native sedimentary. The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit.
Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows:
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A. The project paleontologist shall participate in a pre-construction project meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction, as applicable. B. Paleontological monitoring of earthmoving activities will be conducted on an as-needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level.
C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the
site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary.
D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. E. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. F. Any recovered fossil remains will be prepared to the point of identification
and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived
(specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. G. A qualified paleontologist shall prepare a report of findings made during all
site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions.
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All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (e.g. Professional Geologist,
Professional Engineer, etc.), as appropriate. Two wet-signed original copies of the report shall be submitted directly to the Community Development Department along with a copy of this condition, deposit-based fee and the grading plan for appropriate case processing and tracking.
Note: This condition implements Mitigation Measure GEO-1 of the Initial
Study/Mitigated Negative Declaration.
Prior to Issuance of Building Permit 48. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map and MND which must be satisfied prior to the issuance of a Building Permit. The
Community Development Director may require inspection or other monitoring to ensure such compliance. 49. Conform Final Site Plan. The building plans shall be consistent with the approved elevations of the final site of development plans. The building plans shall be reviewed for consistency with the final site of development plans prior to Building Permit issuance. 50. Building Plans Required. The developer shall cause building plans to be submitted to the Building and Safety Department for review and approval by the Department of Building and Safety - Plan Check Division. Building and Safety will require the following items for the building plan submittal: 1. Plans shall be designed to the provisions of the 2019 (or current) edition
of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 2. Five (5) sets of plan drawings shall be submitted along with three (3)
copies of structural and Title 24 Energy documentation. 3. Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of
travel, cross and directional slope percentages, site accessibility features and details. 4. All exterior lighting shall comply with Menifee Municipal Code Chapter 6.01, “Dark Sky Ordinance”. 51. Roof Mounted Equipment. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy-saving devices shall be permitted with Community Development Department approval. 52. Building Separation. Building separation between all buildings shall not be
less than ten (10) feet. Additional encroachments are only allowed as permitted by the Menifee Municipal Code.
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53. Parking. Parking spaces are required in accordance with the Menifee Municipal Code. All parking areas and driveways shall be surfaced to current
standards as approved by the City of Menifee Engineering Department. 54. Lighting. Lighting fixtures for open space areas shall be decorative. Shoe-box-type lighting will not be allowed. The types of lighting fixtures used shall be subject to Community Development Department approval. All outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the Menifee Municipal Code Chapter 6.01 and the General Plan. 55. Screening of Accessory Structures. Screening of mechanical equipment within trellised enclosures or encasing mechanical equipment within small structures compatible in color and materials to the adjacent landscaping or the
primary structures shall be required and methods of screening shall be included on building plans and/or landscaping plans. 56. Color Schemes. Colors/materials shall be consistent with the Citywide/Countywide Design Standards and Guidelines. 57. Natural Gas Fireplaces. The project shall only install natural gas fireplaces. This information shall be made available as a note building plans for the project. 58. Required Design Elements. The following design elements are required to
meet noise standards:
• A “windows closed” condition is required to meet interior noise standards for all homes.
• Upgraded windows and sliding glass doors are required on all homes facing Evans Road, McLaughlin Road, Sun City Boulevard (Barnett Road), and Rouse Road.
• Attic and roof vents that directly face Evans Road, McLaughlin Road, Sun City Boulevard (Barnett Road), and Rouse Road, if applicable, should include an acoustical baffles to prevent vehicle noise intrusion.
The contractor may install similar measures to provide noise reduction.
• For proper acoustical performance, all exterior windows, doors, and sliding glass doors must have a positive seal and leaks/cracks must be kept to a minimum. 59. Construction Monitoring. A noise monitoring program shall be implemented during construction. The monitoring program will alert construction
management personnel when noise levels approach the upper limits of the residential noise threshold (80 dBA) at the surrounding residential property line. Construction activity will cease prior to noise levels exceeding the residential threshold.
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Note: This condition implements Mitigation Measure NOI-2 of the Initial
Study/Mitigated Negative Declaration. MINOR PLANS REQUIRED
60. Final Site of Development Plan. A plot plan application shall be submitted to
the Community Development Department pursuant to the Menifee Municipal Code (Plot Plans not subject to the California Environmental Quality Act), along with the current fee. Subdivision development shall conform to the approved tract map and shall conform to the Countywide Design Guidelines.
The plot plan shall be approved by the Community Development Director prior to approval of the building plans and prior to issuance of Building Permits for
lots included within that plot plan. The plot plan shall contain the following elements:
1) A final site plan (40' scale precise grading plan) showing all lots, building footprints, setbacks, mechanical equipment (and methods for screening) and model assignments on individual lots. 2) Each model floor plan and elevations (all sides). 3) Three (3) sets of photographic or color laser prints (8" x 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations in accordance with the approved Design Manual and other
applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 4) The number of floor plans for each area shall be in accordance with the Design Guidelines. For development projects that are to be constructed in phases, a phasing plan shall be submitted to assure that the
requirements for the number of floor plans is being met. 5) The colors and materials on adjacent residential structures should be varied to establish a separate identity for the dwellings. A variety of colors and textures of building materials is encouraged, while maintaining overall design continuity in the neighborhood. Color sample boards shall be submitted as a part of the application and review process. 6) All new residences with garages shall be provided with roll-up (i.e. on tracks) garage doors (either sectional wood or steel). At least twenty-five percent (25%) of the garage doors in any project should have windows.
NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by this subdivision's conditions of approval. However, this
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FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared individually.
61. Landscaping Plans. The land divider/permit holder shall file three (3) sets of a
Landscaping and Irrigation Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to the Menifee Municipal Code, along with the current fee. The plan shall be in compliance with the Conceptual Landscaping Plan, the Menifee Municipal Code and the TENTATIVE MAP conditions of approval. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, front yard
landscaping, slope planting, common area and/or basin landscaping within Open Space Lots and any CFD-maintained landscaping. Emphasis shall be placed on using plant species that are drought tolerant and low water using.
The plans shall provide for the following:
1) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. 2) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Community Development Department. Utilities shall be placed underground. 3) Any required landscape screening shall be designed to be opaque up to a minimum height of four (4) feet at maturity.
4) Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs, and specimen trees in conjunction with meandering sidewalks, benches, and other pedestrian amenities where appropriate as approved by the Community Development Department.
5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 6) Landscaping plans shall incorporate native and drought tolerant plants where appropriate. 7) Turf shall be eliminated in areas unless provided for active uses. 8) All basins for drainage and/or water quality shall be screened from view with landscaping.
9) All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked.
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10) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where
possible. Note on Conceptual Plans. The conceptual landscaping plans show general
locations for shrubs, groundcover and trees, but does not specify the size and
each specific type of plant for all locations. Therefore, the Planning Division may require the addition of plants, change the space of plants, change the type
of plants, or change the size of plants on the working drawing. The landscaping and irrigation plans for open space lots shall be consistent with Approved Exhibit L.
NOTES: The Landscape plot plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually.
Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineering and Public Works Department ONLY.
Landscaping plans for areas proposed to be maintained by the City Community Facilities District shall be submitted to the Engineering and Public Works Department. Project-related landscaping shall not include exotic plan species that may be invasive to native habitats. Invasive exotic plant species not to be used include those listed on the California Invasive Plant Council’s Invasive Plant Inventory and Table 6-2: Plants that should be avoided adjacent to the MSHCP Conservation Area,” found in Section 6.1.4 of the MSHCP.
Note: This condition implements Mitigation Measure BIO-3 of the Initial
Study/Mitigated Negative Declaration. WQMP Treatment Devices. All WQMP treatment devices including design details shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual
landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Community Development Director. 62. Entry Monuments. Building plans for an entry monument shall be consistent
with Approved Exhibit L. If any changes are proposed, the land divider/permit holder shall file five (5)
sets of an Entry Monument plot plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to the Menifee
Municipal Code, along with the current fee. The plan shall be in compliance with the TENTATIVE MAP conditions of approval. The plot plan shall contain the following elements:
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2) A color elevation of a front, side, and rear view of all/the entry
monument(s) with landscaping. 3) The entry monuments shall be in substantial conformance to Approved Exhibit L and the Map. 4) The plan shall include dimensions of the sign and lettering, call outs of materials and plotting of the sign, including setbacks. NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by the conditions of approval for this subdivision. However, this ENTRY MONUMENT condition of approval shall be cleared individually. 63. Model Home Complex. A plot plan application shall be submitted to the
Community Development Department pursuant to the Menifee Municipal Code, along with the current fee.
The Model Home Complex plot plan shall contain the following elements: 1) An engineer's scaled plan showing the model home lots, lot numbers,
tract number, and north arrow. 2) Show front, side and rear yard setbacks. 3) Provide two dimensioned off street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. 4) Show detailed fencing plan including height and location. 5) Show typical model tour sign locations and elevation.
6) Three (3) sets of photographic or color laser prints (8" X 10") of the sample board and colored elevations shall be submitted for permanent
filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations. All writing must be legible. Three (3) matrix sheets showing
structure colors and texture schemes shall be submitted. 7) Provide a Model Home Complex landscape and irrigation plan. NOTES: The Model Home Complex plot plan shall not be approved without Final Site Development Plan approval, or concurrent approval of both. See the Community Development Department Model Home Complex application for detailed requirements. The requirements of this plot plan may be incorporated with any minor plot plan required by the subdivision's conditions of approval. However, this MODEL
HOME COMPLEX condition of approval shall be cleared individually. The applicant will be required to enter into a model home complex agreement
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with the City of Menifee. The agreement stipulates terms for removal of the complex.
The model home complex plan shall be approved prior to issuance of a Building Permit. Walls and Fencing. Per the approved Nosie study, dated February 14, 2019,
minimum six (6) foot high sound walls are required around all habitable exterior backyard and sideyard areas for lots along Evans Road, McLaughlin Road and Sun City Boulevard (Barnett Road). For any additional walls and fencing, interior walls and fencing, or modifications to the walls and fencing noted above, the land divider/permit holder shall file
five (5) sets of a Wall/Fencing Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to the Menifee
Municipal Code, along with the current fee. The plan shall be in compliance with the Design Guidelines, Approved Exhibit L and the TENTATIVE MAP conditions of approval.
A. A typical frontal view of all fences shall be shown on the fencing plan. B. All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments, as approved by the Community Development Department. C. Front yard return walls shall be constructed of masonry slump stone or material of similar appearance, maintenance, and structural durability) and shall be a minimum of five feet in height. D. Side yard gates are required on one side of the home and shall be constructed of vinyl. Chain-link fencing is not permitted. All construction must be of good quality and sufficient durability with an approved stain
and/or sealant to minimize water staining. (Applicants shall provide specifications that shall be approved by the Community Development Department). E. All lots having rear and/or side yards facing local streets or otherwise open to public view shall have fences or walls constructed of decorative block.
F. Corner lots shall be constructed with wrap-around decorative block wall returns. G. Wrought iron or tubular steel fence sections may be included within tracts where view opportunities and/or terrain warrant its use. Where privacy of views is not an issue, tubular steel or wrought iron sections should be constructed in perimeter walls in order to take advantage of casual view opportunities. H. The plan shall show the location of all retaining walls. Retaining walls shall be constructed with decorative block and a masonry cap as shown in the conceptual wall plans. Special Conditions: The following comment shall be addressed as a condition of approval on the final wall and fence plans:
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A. The pre-cast concrete wall caps on the proposed block walls shall be a thick (4”) split-face block cap or similar to give the wall a more finished,
higher-end appearance. Note masonry caps on the walls shall not include 2” precision caps. NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by the conditions of approval for this subdivision. However, this WALL/FENCING PLAN condition of approval shall be cleared individually.
Note: This condition implements Mitigation Measure NOI-4 of the Initial Study/Mitigated Negative Declaration.
LANDSCAPING
64. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation as defined by the Menifee Municipal Code and the
Riverside County Guide to California Friendly Landscaping. The front yard landscaping must be installed prior to final occupancy release. 65. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 66. Performance Securities. Performance securities, in amounts to be determined by the Community Development Director to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Community Development Department. Securities may require review by the City Attorney and other staff.
Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the Six Month and One-Year Post
Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. Security deposits are only
required for common area landscaped areas. 67. Landscape Inspection Deposit. Prior to issuance of Building Permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre-installation inspections, installation inspections, Six Month Post Establishment and One Year Post Establishment Landscape Inspections. The amount of hours for the Inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation.
Prior to Issuance of Given Building Permit
68. Open Space Lot B (1.23 acre Park). Prior to building permit issuance for the
87th production unit within the overall tract, or as determined by the Community
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Development Director, all landscaping and irrigation within Open Space Lot B shall be installed, inspections completed and passed and performance
securities posted. FEES
69. Fees. Prior to issuance of Building Permits, the Community Development
Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. 70. Romoland School District. Impacts to the Romoland School District shall be mitigated in accordance with California State law. 71. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 72. Quimby Fees. Payment of in-lieu fees. The proposed subdivision will fulfill Quimby obligations through the payment of in-lieu fees. Prior to the issuance of a building permit, the City Manager or his/her designee shall determine the
amount of Quimby Fees to be paid by the subdivider. Quimby fees shall be paid directly to the city prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision.
Prior to Final Inspection 73. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map and MND which must be satisfied prior to the issuance of final occupancy. The Community Development Director may require inspection or other monitoring to ensure such compliance. 74. Archeology Report - Phase III and IV. Prior to final inspection, the
developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the
Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).
75. Anti-Graffiti Coating. An anti-graffiti coating shall be provided on all block walls, and written verification from the developer shall be provided to the Community Development Department.
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76. Fencing and Wall Compliance. Fencing shall be provided throughout the subdivision in accordance with Approved Exhibit L, the approved final site
development plans and/or walls and fencing plan. 77. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations approved as part of the final site of development plan. 78. Concrete Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 79. Roll Up Garage Doors. All residences shall have automatic roll-up garage doors.
80. Final Planning Inspection. The permittee shall obtain final occupancy sign-off from the Planning Division for each Building Permit issued by scheduling a final
Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, hardscaping, site plan,
ground mounted equipment screening, transformer locations, parking, walls and fencing and landscaping.
LANDSCAPING 81. Soil Management Plan The permittee shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, “What is required in a Soil Management Plan?”
82. Landscape/Irrigation Install Inspection The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre-Landscape installation inspection and a Landscape Completion Installation Inspection with the Community Development Department. The pre-landscape inspection shall be arranged at
least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. Six Month and One Year Post-Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections.
83. Landscape Installation. All required landscape planting and irrigation, shall
have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, the Menifee Municipal Code, Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All
landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order.
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84. Final Landscape Approval
The final landscape approval following installation shall be subject to the review and approval of the City’s Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES
85. MSHCP Fees. Prior to the issuance of either a certificate of occupancy or prior
to Building Permit final inspection, the applicant shall comply with the provisions of Ordinance No. 810, which requires payment of the appropriate fee set forth in the Ordinance. Ordinance No. 810 has been established to set
forth policies, regulations and fees related to the funding and acquisition of open space and habitat necessary to address the direct and cumulative environmental effects generated by new development projects described and
defined in this Ordinance. The fee shall be paid for each residential unit to be constructed within this land division. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 86. Ordinance No. 17-232 (DIF). Prior to the issuance of either a certificate of
occupancy or prior to building permit final inspection, the applicant shall comply with the provisions of Ordinance No. 17-232, which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 17-232 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and
defined in this Ordinance, and it establishes the authorized uses of the fees collected. In the event Ordinance No. 17-232 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 17-232 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 87. Quimby Fees. Quimby fees shall be paid directly to the City prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The amount of Quimby fees paid shall be consistent with the
amount determined by the City Manager, or their designee, prior to issuance of a building permit.
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88. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit-based fees for project
are in a negative balance. If so, any outstanding fees shall be paid by the permittee.
Prior to Issuance of Given Building Permit or Occupancy 89. Landscaping and Recreation Amenities Installation. Landscaping, irrigation and amenities shall be installed in accordance with the conditions noted below. Landscaping directly adjacent to residential lots will be installed prior to the occupancy of the lots the landscaping is located adjacent to. Timing is as follows for the following lots: Lots 62-64, 161-162 and 174. Prior to the issuance of a certificate of occupancy for Lots 62-64, 161-162 and 174, the park located on Lot “B”
shall be completed and have passed all necessary inspections. Per COA #67, above, the park located on Lot “B” shall be installed prior to the issuance of the 87th occupancy permit for the project. Please note that
even if the overall number of occupancy permits issued for the project has not reached 87 by the time the developer would like to obtain final occupancy for Lots 62-64, 161-162 and 174, the park will still be required to be completed prior to the issuance of occupancy permits for Lots 62-64, 161-162 and 174. Open Space Lot C (Paseo). Prior to issuance of a certificate of occupancy for Lot Nos. 114-119 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot C shall be installed, inspections completed and passed and performance securities posted. Open Space Lot D (Paseo). Prior to issuance of a certificate of occupancy for Lot Nos. 20-25 as shown on the approved tentative map,
or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot D shall be installed, inspections completed and passed and performance securities posted. Open Space Lot E (Interior Parkway). Prior to issuance of a certificate of occupancy for Lot No. 10 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot E shall be installed, inspections completed and passed and performance securities posted. Open Space Lot F (Interior Parkway). Prior to issuance of a certificate
of occupancy for Lot No. 11 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot F shall be installed, inspections completed and passed and performance securities posted. Open Space Lot G (Interior Parkway). Prior to issuance of a certificate
of occupancy for Lot Nos. 31-32 as shown on the approved tentative
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map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot G shall be installed,
inspections completed and passed and performance securities posted.
Open Space Lot H (Interior Parkway). Prior to issuance of a certificate of occupancy for Lot No. 29 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot H shall be installed, inspections completed and passed and performance securities posted. Open Space Lot I (Interior Parkway). Prior to issuance of a certificate of occupancy for Lot No. 36 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping
and irrigation within Open Space Lot I shall be installed, inspections completed and passed and performance securities posted. Open Space Lot J (Interior Parkway). Prior to issuance of a certificate of occupancy for Lot No. 38 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping
and irrigation within Open Space Lot J shall be installed, inspections completed and passed and performance securities posted. Open Space Lot K (Interior Parkway). Prior to issuance of a certificate of occupancy for Lot No. 110 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot K shall be installed, inspections completed and passed and performance securities posted. Open Space Lot L (Interior Parkway). Prior to issuance of a certificate of occupancy for Lot No. 113 as shown on the approved tentative map, or
as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot L shall be installed, inspections completed and passed and performance securities posted. Open Space Lot M (Interior Parkway). Prior to issuance of a certificate of occupancy for Lot No. 129 as shown on the approved tentative map, or
as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot M shall be installed, inspections completed and passed and performance securities posted. Open Space Lot O (Interior Parkway). Prior to issuance of a certificate
of occupancy for Lot No. 96 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot O shall be installed, inspections completed and passed and performance securities posted. Open Space Lot P (Interior Parkway). Prior to issuance of a certificate
of occupancy for Lot No. 95 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot P shall be installed, inspections completed and passed and performance securities posted.
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Open Space Lot Q (Interior Parkway). Prior to issuance of a certificate
of occupancy for Lot No. 137 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot Q shall be installed, inspections completed and passed and performance securities posted. Open Space Lot R (Interior Parkway). Prior to issuance of a certificate of occupancy for Lot No. 140 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot R shall be installed, inspections completed and passed and performance securities posted. Open Space Lot S (Interior Parkway). Prior to issuance of a certificate of occupancy for Lot No. 148 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping
and irrigation within Open Space Lot S shall be installed, inspections completed and passed and performance securities posted. Open Space Lot T (Interior Parkway). Prior to issuance of a certificate of occupancy for Lot No. 80 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot T shall be installed, inspections completed and passed and performance securities posted. Open Space Lot U (Interior Parkway). Prior to issuance of a certificate of occupancy for Lot No. 151 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot U shall be installed, inspections completed and passed and performance securities posted. Open Space Lot V (Interior Parkway). Prior to issuance of a certificate of occupancy for Lot No. 167 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot V shall be installed, inspections completed and passed and performance securities posted. Open Space Lot W (Interior Parkway). Prior to issuance of a certificate
of occupancy for Lot No. 169 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot W shall be installed, inspections completed and passed and performance securities posted. Open Space Lot X (Interior Parkway). Prior to issuance of a certificate
of occupancy for Lot No. 63 as shown on the approved tentative map, or as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot X shall be installed, inspections
completed and passed and performance securities posted. Open Space Lot Y (Interior Parkway). Prior to issuance of a certificate of occupancy for Lot No. 64 as shown on the approved tentative map, or
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as determined by the Community Development Director, all landscaping and irrigation within Open Space Lot Y shall be installed, inspections
completed and passed and performance securities posted.
Entry Monuments. Prior to the issuance of a certificate of occupancy for the 1st production unit within the tract, the northernmost entry monument located along McLaughlin Road and the easternmost entry monument located along Barnett Road shall be installed in accordance with Approved Exhibit L, to the satisfaction of the Community Development Director. The easternmost entry monument located along Evans Road shall be installed prior to the 87th certificate of occupancy for the project. The Community Development Director shall have the ability to modify or defer
the installation of the landscaping as noted above, but may require performance securities and additional deposits to cover administrative costs. Under no circumstance shall landscaping be deferred if 80% of the units has
been issued permits. The installation of landscaping within open space area that will be maintained
by the Community Facilities District (CFD) can be modified or deferred by the Engineering and Public Works Department.
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Section III:
Public Works / Engineering
Conditions of Approval
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The following are the City of Menifee Public Works / Engineering Department (Public Works / Engineering Department) Conditions of Approval for this development project,
which shall be satisfied at no cost to the City of Menifee (City) or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works / Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City standards and ordinances. Should a conflict arise between City standards and City design criteria, and any other standards and design criteria, those of the City shall prevail. A. GENERAL CONDITIONS 90. Subdivision Map Act. The developer / property owner shall comply with the
State of California Subdivision Map Act. 91. Guarantee for Required Improvements. Prior to final map recordation, or
issuance of a grading permit or building permit, whichever occurs first or as determined by the Public Works Director / City Engineer, financial security shall be provided to guarantee the construction of all required improvements
associated with each phase of construction. The Public Works Director / City Engineer may require the dedication and construction of necessary utilities, streets or other improvements outside the area of any particular map phase (if the map is phased) if the improvements are needed for circulation, parking and access or for the welfare and safety of future occupants of the development project. 92. Map Phasing. This tract map may be developed in multiple phases. If the
developer / property owner elects to develop in multiple phases, an application for map phasing shall be submitted to the Community Development Department for City review and approval. Phased final maps shall be in
substantial conformance with the approved tentative map. Prior to recordation, financial security shall be provided for all required improvements with each map phase. The Public Works Director / City Engineer may require the dedication and construction of necessary utilities, streets or other improvements outside the area of any particular tract map phase if the improvements are needed for circulation, parking and access or for the welfare
and safety of future occupants of the development. 93. Bond Agreements and Improvement Security. To guarantee the construction of all required improvements, the developer / property owner shall enter into security agreements and post bonds in accordance with applicable City policies and ordinances. The improvements shall include as applicable, but not be limited to, the following: onsite / offsite grading, street improvements, street lights, traffic signals, signing and striping, water / sewer / recycled water improvements, water quality Best Management Practices (BMPs), and storm drainage facilities. 94. Existing Easements. The submitted tentative tract map shall correctly show all existing easements, traveled ways, and drainage courses with appropriate drainage flows. The map shall also correctly show all proposed easements and dedications to support the development project. Any omission or
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misrepresentation of these documents may require said tentative tract map to be resubmitted for further consideration.
95. Engineered Plans. All improvement plans and grading plans shall be drawn on
twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered / licensed professional as required.
96. Plan Check Submittal Process. Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. Prior to final approval of improvement plans by the Public Works / Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements to be maintained by
the City (pavement, sidewalk, street lights, etc.). A scanned image of all final approved grading and improvement plans on a Universal Serial Bus (USB) drive, also known as a “flash” drive or “thumb” drive, shall be submitted to the
Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). CAD files created
with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. 97. Final Map Submittal Process. Appropriate final map plan check submittal forms shall be completed and appropriate fees or deposits paid. Prior to approval of the final map by the City Council, the developer / property owner shall provide along with the final map mylars, electronic files of the final map on a USB drive, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. 98. Plan Approvals. All required improvement plans and grading plans must be approved by the Public Works / Engineering Department prior to recordation of a final map for which the improvements are required, or prior to issuance of any construction and / or grading permit, whichever comes first and as determined by the Public Works Director / City Engineer. Supporting City approved studies
including, but not limited to, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. 99. As-Built Plans. Upon completion of all required improvements, the developer / property owner shall cause the civil engineer of record to as-built all project plans, and submit project base line of work for all layers on a USB drive to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). If the required files are unavailable, the developer / property owner shall pay a scanning fee to cover the cost of scanning the as-built plans. The timing for submitting the as-
built plans shall be as determined by the Public Works Director / City Engineer. 100. Construction Activities and Times of Operation. The developer / property owner shall monitor, supervise, and control all construction and
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construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following:
(a) Any construction within the City limits located 1/4 of a mile from an occupied residence shall be limited to the hours of 6:30 a.m. to 7:00 p.m., Monday through Saturday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.020. Construction on Sunday or nationally recognized holidays is not permitted unless prior approval is obtained from the City Building Official or the Public Works Director / City Engineer. (b) Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day.
(c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of
any condition or restriction or prohibition set forth in these conditions shall subject the developer / property owner to remedies as set forth in the City Municipal Code. In addition, the Public Works Director / City Engineer or
the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions. (d) A Pre-Construction meeting is mandatory with the City’s Public Works Senior Inspector prior to start of any construction activities for this site. 101. Dry Utility Installations. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with current City ordinances, or as approved by the Public Works
Director / City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. In cases where 33.6kV or below lines are collocated with high voltage lines (for example, 115kV), the low voltage lines shall still be placed underground even when the high voltage lines are exempt from relocation or undergrounding in accordance with City standards and ordinances. Exemption
from undergrounding low voltage lines shall only be by the Public Works Director / City Engineer or as directed by the City Council. B. GRADING
All grading activities shall conform to the latest adopted edition of the California Building Code, City Ordinances on grading, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City.
Prior to Grading Permit 102. Geotechnical Report. The following documentation was reviewed and approved by the City:
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• “Update Geotechnical Evaluation, Proposed Single-Family Residential Development, Tentative Tract No. 33419, Menifee 157 Project,
Southwest Corner of McLaughlin Road and Sun City Boulevard, Menifee, Riverside County, California”, prepared by GeoTek, Inc.,
Project No. 1767-CR, dated August 27, 2018.
• “Response to Geotechnical Investigation Report Review, Proposed
Single-Family Residential Development, Tentative Tract No. 33419, Menifee 157 Project, Southwest Corner of McLaughlin Road and Sun
City Boulevard, Menifee, Riverside County, California”, prepared by GeoTek, Inc., Project No. 1767-CR, dated November 3, 2017.
Two copies of the City-approved geotechnical report shall be submitted to the Public Works / Engineering Department. The developer / property owner shall comply with the recommendations of the report and City standards and specifications. All grading shall be done in conformance with the recommendations of the report, and under the general direction of a licensed geotechnical engineer.
103. Grading Permit for Clearing and Grubbing. A grading permit is required from the Public Works / Engineering Department prior to any clearing,
grubbing, or any topsoil disturbances related to construction grading activities. 104. Erosion Control Plans. All grading plans shall require erosion control plans
prior to approval. Graded but undeveloped land shall provide, in addition to erosion control measures, drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year-round
in compliance with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) from the State Water Resources Control Board (SWRCB). Additional erosion protection may be required during or before an anticipated rain event. 105. Compliance with NPDES Construction General Permit. The developer / property owner shall comply with the NPDES CGP from the SWRCB. Prior to approval of the grading plans or issuance of any grading permit, the developer / property owner shall obtain a CGP from the SWRCB. Proof of filing a Notice of Intent and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to
approval of the plans. For additional information on how to obtain a CGP, contact the SWRCB. 106. SWPPP. Prior to approval of the grading plans, the developer / property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development project. The developer / property owner shall be responsible for
uploading the SWPPP into the State’s Stormwater Multiple Application and Report Tracking System (SMARTS) database, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination (NOT) has been issued by SWRCB.
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107. SWPPP for Inactive Sites. The developer / property owner shall be
responsible for ensuring that any graded area that is left inactive for longer than 14 calendar days has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed and the SWRCB has issued an NOT for the development project. 108. Grading Bonds. Prior to commencing any grading, the developer / property owner shall obtain a grading permit from the Public Works / Engineering Department. Prior to issuance of the permit, adequate performance grading security shall be posted by the developer / property owner with the Public Works / Engineering Department. 109. Import / Export – Prior to issuance of a grading permit, grading plans involving import or export of dirt shall require approval of the import / export locations from the Public Works / Engineering Department, which may include
submittal of a soils report for review and approval by the Public Works Director / City Engineer. A haul route must be submitted for approval by the Public Works / Engineering Department prior to grading operations.
110. Offsite Grading Easements. Prior to recordation of a final map, or the
issuance of a grading permit, whichever occurs first, the developer / property owner shall obtain all required easements and / or permissions to perform offsite grading, from affected land owners. Notarized and recorded agreements or documents to the satisfaction of the Public Works Director / City Engineer, authorizing the offsite grading, shall be submitted to the Public Works / Engineering Department. DESIGN GUIDELINES: 111. 2:1 Maximum Slope. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical ratio) unless otherwise approved by the Public Works / Engineering Department.
112. Slope Stability. A slope stability report shall be submitted and approved by the Public Works / Engineering Department for all proposed cut or fill slopes
steeper than 2:1 (horizontal to vertical ratio) or over 30 feet in vertical height - unless addressed in a report that has been previously approved by the City. 113. Slope Setbacks. Observe slope setbacks from buildings and property lines, in accordance with the latest adopted edition of the California Building Code, City Ordinances on grading, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. 114. Slope Landscaping and Irrigation. Manufactured slopes greater than 3 feet in vertical height shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at locations approved by the City to collect runoff. Slopes exceeding 15 feet in vertical height shall be irrigated and planted with shrubs and / or trees per City Ordinances. Drip irrigation shall be used for all irrigated slopes.
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115. Control Measures for Slopes Greater than 3 feet in Vertical Height. Erosion control and / or landscape plans are required for manufactured slopes
greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered landscape architect, and bonded per City Ordinances. 116. Temporary Erosion Control Measures. shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the Public Works / Engineering Department for review and approval. 117. Dust Control. During actual grading, all necessary measures to control dust shall be implemented by the developer / property owner in accordance with Air
Quality Management District (AQMD) requirements. A watering device shall be present and in use at the project site during all grading operations. 118. Use of Maximum and Minimum Grade Criteria. Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any
improvement that is out of the minimum and maximum values will not be accepted by the City Inspector, and will need to be removed and replaced at the expense of the developer / property owner. Prior to Building Permit 119. No Building Permit Prior to Final Map Recordation. Prior to issuance of any building permit, the developer / property owner shall record the final map. 120. No Building Permit without Grading Permit. Prior to issuance of any building permit, the developer / property owner shall obtain a grading permit and / or approval to construct from the Public Works / Engineering Department. 121. Final Rough Grading Conditions. Prior to issuance of each building permit,
the developer / property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or
better compaction. The certifications shall use City-approved forms, and shall be submitted to the Public Works / Engineering Department for verification and acceptance. 122. Conformance to Elevations / Geotechnical Compaction. Rough grade
elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical / soils report. Prior to Certificate of Occupancy 123. Final Grade Certification. The developer / property owner shall cause the Civil Engineer of Record for approved grading plans, to submit signed and wet
stamped final grade certification on City approved forms, for each building
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requesting a certificate of occupancy. The certification shall be submitted to the Public Works / Engineering Department for verification and acceptance. 124. Conform to Elevations. Final grade elevations of all building or structure
finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. 125. Final Grade Certification. The developer / property owner shall cause the Civil Engineer of Record for approved grading plans, to submit signed and wet stamped final grade certification on City approved forms, for each building requesting a certificate of occupancy. The certification shall be submitted to the Public Works / Engineering Department for verification and acceptance. 126. Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans.
C. DRAINAGE
General Conditions 127. Area Drainage Plan (ADP) Fees. The proposed development is located within the bounds of the Homeland / Romoland ADP of the Riverside County Flood Control and Water Conservation District (Flood Control District), for which drainage fees have been established by the Riverside County Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to building permits for this project. The fee due will be based on the fee in effect at the time of payment. The fee shall be paid in the form of cashier's check or money order only. The Public Works / Engineering Department will not accept personal or company checks. 128. Proposed Drainage Concept. This development project proposes to subdivide
46.9 gross acres into 174 single-family residential lots with a neighborhood park and a water quality basin. A system of storm drain pipes will collect onsite drainage flows and route them to the water quality basin. Additionally, onsite
flows will also be treated through a series of vegetated swales and then routed to a storm drain system that will run along Evans Road and carry flows to the north. The storm drain system that runs along Evans Road will be maintained by the Flood Control District. Offsite flows on the west side of the project will be routed to the storm drain system that will run along Evans Road. Offsite flows on the east side of the project will be collected by approved permanent BMPs along the Barnett Road / Sun City Boulevard project frontage. The offsite flows will then be routed to a storm drain system that runs along Barnett Road / Sun City Boulevard. This storm drain system will also be maintained by the Flood Control District. The development project site is located south of McLaughlin Road, north of Rouse Road and Phyllis Circle, east of Evans Road and west of Barnett Road / Sun City Boulevard. The site is subject to drainage flows from the south.
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During construction of the first 140 lots, a temporary drainage control system will be set up in which a temporary water detention / water quality basin and
pump system and a permanent water detention / water quality basin will be constructed and operated. The temporary basin will be constructed near the western boundary of the development, where Lots 106 – 116 will be located, and the permanent basin will be constructed slightly to the northwest of the temporary basin, between Lots 105, 106, 1, and the private lot (APN 331-080-003). A system of storm drain pipes will also be constructed onsite (throughout the project site) to pick up onsite flows and route them to the permanent basin, which will subsequently fill both the permanent and temporary basins. Additionally, during construction of the first 140 lots, one of the following
permanent storm drain systems will be constructed along Evans Road along the western boundary of the project site:
1. Option 1: Master Drainage Plan (MDP) Line A-10 (a 54-inch storm drain), which will run northerly in Evans Road and then easterly in MDP
Line A-8 (an open earthen channel) to the existing MDP Line A Flood Control Channel, connecting to Line A north of McLaughlin Road.
2. Option 2: MDP Line A-10 (a combination of 54-inch storm drain and larger reinforced concrete box), which will run northerly in Evans Road to the existing MDP Line A Flood Control Channel, connecting to the channel north of Ethanac Road. To ensure that the water volume in both basins drains after 72 hours, a temporary pump system will be set up during construction of the first 140 lots to drain both basins and release flows to drain to Evans Road in the temporary condition, and will be picked up by MDP Line A-10 in the permanent condition. After construction of the first 140 lots and during construction of the remaining 34 lots, the temporary basin and pump system will be removed, and only the permanent basin and the storm drain system (including MDP Line A-10) will remain. The permanent basin will be constructed in such a way that it drains to
MDP Line A-10 in the permanent condition. MDP Line A-9 will be the storm drain system that collects offsite flows and runs
along Barnett Road / Sun City Boulevard. Flows from MDP Line A-9 will be routed northerly to the existing MDP Line A Flood Control Channel. All onsite and offsite water quality / drainage systems must be constructed and operational prior to the issuance of the 141st Certificate
of Occupancy. 129. MDP and ADP. Prior to initiation of the final construction drawings for those facilities required to be built as part of the Romoland MDP and Homeland / Romoland ADP, the developer shall contact the Flood Control District to ascertain the terms and conditions of design, construction, inspection, transfer of ROW, project credit in lieu of charges and reimbursement schedules which may apply. The developer acknowledges that if the estimated cost for required MDP / ADP facilities exceeds the required ADP fees and the developer wishes
to receive credit for reimbursement in excess of his fees, the facilities will be
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constructed as a public works contract. Scheduling for construction of these facilities will be at the discretion of the Public Works / Engineering Department
and the Flood Control District.
130. Drainage Facilities for Ownership and Maintenance by the Flood Control District. Some of the proposed drainage facilities may be requested for ownership and maintenance by the Flood Control District. For such drainage facilities, applicable Flood Control District standards and guidelines shall be complied with, including conditions of approval required for said drainage facilities. Prior to the issuance of the 71st Certificate of Occupancy, the developer / property owner shall enter into a three-party cooperative agreement with the City and the Flood Control District. Both the Riverside County Board of Supervisors and the City Council shall approve the agreement.
131. Conditions for Acceptance of Drainage Facilities by the Flood Control District. For drainage facilities requested for ownership and maintenance by
the Flood Control District, a written request must be submitted to the Flood Control District. The request shall note the project number, location, brief description of the system (sizes and lengths) and an exhibit that shows the proposed storm drain alignment. If the Flood Control District is willing to maintain the requested drainage
systems, the developer / property owner shall complete the following prior to the issuance of the 71st Certificate of Occupancy:
• Submit to the Flood Control District preliminary title reports, plats and legal descriptions for all drainage facilities, ROW, or easements to be conveyed to the Flood Control District, and secure such ROW or
easements to the satisfaction of the Flood Control District;
• Execute a three-party cooperative agreement with the City and the Flood Control District, establishing the terms and conditions of inspection, operation and maintenance of said drainage facilities;
• Process approval of drainage plans by the Flood Control District's General Manager-Chief Engineer. The plans cannot be approved prior to execution of the agreement.
• Submit an application and applicable fee to the Flood Control District to draw up the agreement;
• Provide guarantee bonds for the drainage facility, and necessary certificate of insurance. The developer / property owner will need to submit proof of Flood Control facility bonds and a certificate of insurance to the Flood Control District's Inspection section before a pre-construction meeting can be scheduled. 132. 10-YR Curb – 100-YR Right of Way (ROW). The 10-year storm flow shall be
contained within the curb and the 100-year storm flow shall be contained within the street ROW. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent
street or an adequate outlet.
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133. 100-YR Sump Outlet. Drainage facilities outletting to sump conditions shall be designed to convey the tributary 100-year storm flows. Additional emergency
escape shall also be provided.
134. Coordinate Drainage Design. Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading, which could encroach onto other properties. In the event that the construction of temporary drainage facilities or offsite construction and grading encroaches onto other properties, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage
easement shall be submitted to the Public Works / Engineering Department for review. 135. BMP – Energy Dissipators. Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed
to minimize the amount of erosion downstream of the storm drain outlet.
136. Trash Racks. Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. Prior to Grading Permit Issuance
137. Perpetual Drainage Patterns (Easements). Grading shall be designed in a
manner that perpetuates the existing natural drainage patterns and conditions with respect to tributary drainage areas and outlet points. Where these conditions are not preserved, necessary drainage easements shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the Public Works / Engineering Department for
review. 138. Protection of Downstream Properties. The developer / property owner shall
protect downstream properties from damages that can be caused by alteration of natural drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and securing necessary drainage easements.
139. Submit Plans. A copy of the improvement plans, grading plans, final map, environmental constraint sheet, BMP improvement plans, and any other necessary documentation, along with supporting hydrologic and hydraulic calculations, shall be submitted to the Public Works / Engineering Department for review and approval prior to final map recordation. All submittals shall be date stamped by the engineer and include a completed City Deposit Based Fee Worksheet and the appropriate plan check fee deposit. For facilities proposed for ownership by the Flood Control District, plans shall be submitted to the Flood Control District with a Flood Control Deposit Based Fee Worksheet and
the appropriate plan check fee deposit.
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140. Written Permission for Grading. Written permission shall be obtained from the affected property owners, allowing the proposed grading and / or facilities
to be installed outside of the project development tract boundaries. A copy of the written authorization shall be submitted to the Public Works / Engineering Department for review and approval. 141. Conditional Letter of Map Revision (CLOMR). A portion of the project falls
within the 100-year flood plain as shown on the National Flood Insurance Program Flood Insurance Rate Map (FIRM) Panel No. 06065C2055H, effective on August 18, 2014. Therefore, in order to be developed, the developer / property owner shall process approval of a CLOMR through the Federal Emergency Management Agency (FEMA). A copy of the approval letter shall be provided to the City. It should be noted that a Letter of Map Revision
(LOMR) Determination for the MDP Line A Flood Control Channel was issued by FEMA on November 3, 2017 with an effective date of March 19, 2018, Reference Case number 17-09-1814P. It will be the responsibility of the
developer / property owner to determine whether any portion of the project is within or outside the new LOMR boundaries. The developer / property owner shall comply with FEMA requirements for any areas of the project determined
to be still within the floodplain boundaries. Prior to Final Map Recordation 142. Offsite Easements or Redesign. Offsite drainage facilities shall be located
within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the Public Works / Engineering Department prior to recordation of the final map. If the developer cannot obtain drainage easements, then the map should be redesigned to eliminate the need for the easement.
143. Onsite Easements or Redesign. Onsite drainage facilities located outside of road ROW shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating, "Drainage easements shall
be kept free of buildings and obstructions". The dedicated drainage easements obtained from the affected property owner(s) shall be recorded and a copy submitted to the Public Works / Engineering Department prior to recordation of
the final map. Owners of individual lots are responsible for the maintenance of any drainage facilities within the drainage easements shown on the final map, unless the maintenance is by the HOA. The storm drain easement for Lot 79 will be part of the Final Map and will be maintained by the HOA. If the developer cannot obtain drainage easements, then the map should be redesigned to eliminate the need for the easement. 144. Offsite Drainage. The developer / property owner shall accept and properly
dispose of all offsite drainage flowing onto or through the site. In the event that the Public Works / Engineering Department permits the use of streets for drainage purposes, then such use shall be subject to City ordinances, applicable City design standards and specifications, policies, rules and regulations governing drainage in the City.
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145. On-site Storm Drain Lines Larger than 36 Inches. The City will maintain all onsite storm drain lines. The City will maintain the permanent water quality
basin following removal of the temporary pump system. Prior to Certificate of Occupancy 146. LOMR. The developer / property owner, in coordination with the City, shall
request and process the approval of a LOMR through FEMA and a revision to the FIRM. A copy of approval letter and / or a revised copy of the FIRM shall be provided to the City. It will be the responsibility of the developer / property owner to determine whether any portion of the project is within or outside the new LOMR boundaries. The developer / property owner shall comply with FEMA requirements for any areas of the project determined to be still within the
floodplain boundaries. Drainage Design Criteria
147. 100-Year Drainage Facilities. All drainage facilities shall be designed to accommodate 100-year storm flows as approved by the City. If the project
development tract is built in phases, each phase shall be protected from the 100-year tributary storm flows. 148. Lot Grading. Lot grading shall be in accordance with the most current codes and requirements for lots, concrete slab surfaces and drainage swales. 149. Street Drainage Grade. Streets shall be designed to have a minimum grade of one half percent (0.5%). The engineer of record must submit a variance request for design grades less than what is stated here, along with a justification for the lesser grade. 150. Site Drainage. Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, planting erosion resistant
vegetation shall provide protection of the native soils. All cut and fill slopes shall have a maximum 2:1 grade (horizontal to vertical ratio), unless determined otherwise by the Public Works Director / City Engineer.
D. WASTE MANAGEMENT
General Conditions 151. AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal:
• Source separate recyclable and/or compostable material from solid waste and donate or self-haul the material to recycling facilities.
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• Subscribe to a recycling service with their waste hauler.
• Provide recycling service to their tenants (if commercial or multi-family complex).
• Demonstrate compliance with the requirements of California Code of Regulations Title 14.
For more information please visit: www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#mandatory 152. AB 1826 – AB 1826 (effective April 1, 2016) requires businesses that generate
eight (8) cubic yards or more or organic waste per week, to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years.
Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic waste from disposal:
• Source separate organic material from all other recyclables and donate or self-haul to a permitted organic waste processing facility.
• Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826.
• Consider xeriscaping and using drought tolerant / low maintenance vegetation in all landscaped areas of the project.
As of January 1, 2019, the above requirements are now applicable to businesses that generate four (4) or more cubic yards of solid waste per week
and one (1) or more cubic yards of organic waste per week. Additionally, as of January 1, 2019, a third trash bin is now required for organics recycling, which will require a larger trash enclosure to accommodate three (3) trash bins. This development may be subject to this requirement. Prior to Building Permit Issuance:
153. Recyclables Collection and Loading Area Plot Plan during Construction. Prior to the issuance of a building permit, the developer / property owner shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the Public Works / Engineering Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation / façade, construction materials and signage. The plot plan
shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler.
154. Waste Recycling Plan during Construction. Prior to the issuance of a building permit, a Waste Recycling Plan (WRP) shall be submitted to the Public
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Works / Engineering Department approval. The WRP should include, as a minimum, the following information:
• The waste materials (i.e., concrete, asphalt, wood, etc.) that will be generated by the construction activity associated with this development
and the projected amounts of each material.
• The measures / methods that will be taken to recycle, reuse, and / or reduce the amount of waste materials generated.
• The facilities and / or haulers that will be utilized.
• The targeted recycling or reduction rate.
During project construction, the project site shall have, as a minimum, two (2) bins; one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. The Public Works / Engineering Department can provide assistance in preparing the WRP if requested.
Prior to Issuance of Certificate of Occupancy: 155. Waste Management Clearance. Prior to issuance of a certificate of occupancy for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the
Public Works / Engineering Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and C&D materials recycled. E. TRAFFIC ENGINEERING, STREET IMPROVEMENTS, AND DEDICATIONS
General Conditions 156. Tentative Tract Map. It is understood that the tentative tract map must correctly show acceptable centerline elevations, all existing easements, traveled ways, cross sections, and drainage courses with appropriate drainage flows. Any omission or unacceptability may require the map to be resubmitted
for further consideration. In the event that there is a conflict between what is shown on the tentative tract map and these conditions, these conditions will supersede what is shown on the tentative tract map and any attachments to the tentative tract map, including the conceptual grading plan and other plans or exhibits. All questions regarding the true meaning of these conditions shall be referred to the Public Works / Engineering Department. 157. Traffic Study / Traffic Impact Analysis (TIA). The development shall comply
with all the mitigation measures identified to be constructed or provided in the approved TIA, dated April 19, 2019, prepared by RK Engineering Group, Inc. The Public Works / Engineering Department – Traffic Engineering Division has
reviewed and approved this TIA. The developer / property owner shall be
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responsible for all improvements and mitigations required or identified in the approved TIA and according to these Conditions of Approval. All required
improvements identified in the TIA shall be included in all improvement plans for review and approval by the Public Works / Engineering Department. The recommendations / mitigation measures outlined in the approved TIA are as discussed below. Additional improvements may be required to address public safety and welfare, as determined by the Public Works Director / City Engineer. 158. Street Design Standards. Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, Ordinances, and applicable City-adopted Riverside County Ordinances, and all other relevant laws, rules and regulations governing street construction in the City.
159. Street Improvements. The proposed street improvements will be constructed on Interior Streets “A” through “N”, Barnett Road / Sun City Boulevard,
McLaughlin Road and Evans Road, as described in the Street Dedications and Improvements condition listed herein. 160. Paving or Paving Repairs. The developer / property owner shall be responsible for obtaining the paving inspections required from the Public Works / Engineering Department. Paving and / or paving repairs for utility street cuts shall be per City Standards and Specifications and as approved by the Public Works Director / City Engineer. 161. Concrete Work. All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a 28-day minimum concrete strength of 3,250 psi. 162. Intersection Geometrics. All temporary / final intersection geometrics may be
modified in final engineering as approved by the Public Works Director / City Engineer. 163. Street Light Plan. A street lighting plan is required for this project. The street lighting plan shall be submitted to the City and approved by the City prior to final map recordation. Street lighting shall be designed in accordance with the
latest City Standards and Specifications for LS-3 street light rates, and as determined by the Public Works Director / City Engineer. 164. Signing and Striping Plan. A traffic signing and striping plan is required for this project. The signing and striping plan shall be submitted to the City and approved by the City prior to final map recordation. The developer / property owner shall be responsible for any additional paving and / or striping removal caused by the striping plan. Prior to issuance of a construction permit, any necessary signing and striping plan shall be approved by the City Traffic Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the California Manual on Uniform Traffic Control
Devices (CA MUTCD). Traffic signing and striping shall be placed along Barnett Road / Sun City Boulevard, McLaughlin Road, Evans Road and along the interior streets of the project.
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165. Onsite and Offsite Street Lights Ownership and Maintenance. All proposed street lights shall be designed in accordance with City-approved standards and
specifications, or as determined and approved by the Public Works Director / City Engineer. The City shall have ownership and maintenance of all proposed street lights and associated appurtenances, and shall be provided with adequate service points for power. The design shall be incorporated in the project’s street improvement plans or in a separate street light plan as determined and approved by the Public Works Director / City Engineer. 166. Streetlight Design as LS-3 Rate Lights. All new streetlights, other than traffic
signal safety lights, shall be designed as LS-3 rated lights in accordance with City-approved standards and specifications, and as determined by the Public Works Director / City Engineer. 167. Street Light Service Point Addressing. The developer shall coordinate with the Public Works / Engineering Department and with Southern California
Edison the assignment of addresses to required street light service points. Service points serving the streetlights shall be owned by the City and shall be located within public ROW or within duly dedicated public easements.
Prior to Building Permit Issuance: 168. Sight Distance Analysis. Sight distance analysis shall be conducted at all project roadway entrances for conformance with City sight distance standards. The analysis shall be reviewed and approved by the Public Works Director / City Engineer, and shall be incorporated in the final grading plans, street improvement plans, and landscape improvement plans. 169. Traffic Signal Control Devices. All new traffic signals and traffic signal modifications required for construction by this development project shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans, and shall
be approved by the Public Works Director / City Engineer, prior to testing of a new traffic signal. Traffic signal poles shall be placed at the ultimate locations when appropriate. 170. Traffic Signal Timing Plans. Traffic signal timing plans for new and / or modified signalized intersections shall be submitted with the traffic signal design plans, and shall be approved by the Public Works Director / City Engineer prior to installation and testing of a new traffic signal. 171. Construction Traffic Control Plan. Prior to start of any project related construction, the developer / property owner shall submit to the Public Works / Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CA MUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise and dust, and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public road ROW during
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construction. The plan shall specify the following mitigation measures to address the following:
(a) The estimated day(s), time(s) and duration of any lane closures that are anticipated to be required by Project construction. (b) Safety measures such as, but not limited to, signage, flagmen, cones, advance community notice, or other acceptable measures to the satisfaction of the Public Works / Engineering Department. The purpose of these measures shall be to safely guide motorists, cyclists, and pedestrians, and minimize traffic impacts and ensure the safe and even flow of traffic consistent with City level of service standards and safety requirements.
(c) A notification to the Public Works / Engineering Department at least five (5) business days in advance of any planned lane closure that will be caused by Project construction. The City shall evaluate any other known
lane closures, construction activities, or special events that may conflict with the Project’s scheduled lane closure or create additional impacts to traffic flow, and, if deemed necessary by the Public Works / Engineering
Department, the Project’s lane closure may be postponed or rescheduled. (d) A dirt haul route plan shall be submitted for approval prior to any import / export grading operation. The plan shall identify all origins and destinations and the time for haul period, and the haul routes shall be approved by the Traffic Engineer. Haul routes shall not be permitted on residential streets without the approval of the Traffic Engineer. The traffic control application, location, and type of traffic control shall be shown on the plan. Daily street sweeping is required during all hauling operations. Prior to Final Map Recordation 172. Improvement Bonds. Prior to recordation of a final map, or issuance of any construction permit, whichever comes first, the developer / property owner shall
enter into a bond agreement and post acceptable bonds or security, to guarantee the completion of all required onsite and offsite improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions
and municipal codes (See also the Bond Agreements and Improvement Security condition under GENERAL CONDITIONS). 173. Acceptance of Public Roadway Dedication and Improvements. Easements and ROW for public roadways shall be dedicated to the City through final map, or other acceptable recordable instrument. 174. Street Dedications and Improvements. Easements and ROW for public roadways shall be dedicated to the City through the final map, or other acceptable recordable instrument. The project shall ensure that dedications are consistent with the current City General Plan. Public street improvements, ROW dedications and easements shall be as follows:
• Interior Streets – Interior Streets “B” through “F” and “H” through “M” shall be improved within the dedicated ROW in accordance with the
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General Local standard (City Standard Plan No. 115, Section A), which has a 60-foot ROW width and 36-foot curb-to-curb width. Also included
within the 60-foot ROW width is a 12-foot parkway on each side, which includes a 6-foot sidewalk. Entry Streets “A”, “G” and “N” shall be improved within the dedicated ROW in accordance with a Modified Local Street standard, which has an 80-foot ROW width and 50-foot curb-to-curb width. Also included within the 80-foot ROW width is a 10-foot raised median, as well as a 15-foot parkway on each side, which includes a 6-foot sidewalk. The segments of Streets “E” and “F” that front Park Lot “B” shall be improved within the dedicated ROW in accordance with the Enhanced Local Street standard (City Standard Plan No. 114), which has a 66-foot ROW width and 44-foot curb-to-curb width. Also included within the 66-foot ROW width is an 11-foot sidewalk
on the park side and an 11-foot parkway that includes a 6-foot sidewalk on the street side. Improvements must be constructed and operational prior to the issuance of the first Certificate of Occupancy.
• Barnett Road / Sun City Boulevard – This street shall be improved within the dedicated ROW in accordance with the Secondary Highway standard (City Standard No. 111), which has a 100-foot ROW width and
72-foot curb-to-curb width. The improvements shall be on the west side (the southbound side) to the ultimate half-width of 50 feet, plus an additional 12 feet past the centerline onto the east side (the northbound
side) and shall extend a minimum of 300 feet past the project boundary line, with appropriate transitions subject to the approval of the Public Works Director / City Engineer. The improvements shall include a 14-foot parkway that includes a 6-foot sidewalk. The improvements must be constructed and operational prior to the issuance of the first Certificate of Occupancy.
• Barnett Road (Offsite) – The developer / property owner shall construct a northern extension of Barnett Road from McLaughlin Road to Patricia Lane in accordance with a Modified Rural Road standard (City Standard Plan No. 121), which has a 50-foot ROW width and a 28-foot pavement width. Also included within the 50-foot ROW width is a 6-foot graded shoulder and 5-foot graded slope on each side. The improvements must be constructed and operational prior to the issuance of the first Certificate of Occupancy.
• McLaughlin Road – The improvements along this street to be made within the dedicated ROW shall vary from the eastern property boundary
to Evans Road, as follows:
• From the eastern property boundary to the western property boundary, McLaughlin Road shall be improved within the dedicated ROW in accordance with the Secondary Highway
standard (City Standard No. 111), which has a 100-foot ROW width and 72-foot curb-to-curb width. The improvements shall be on the south side to the ultimate half-width of 50 feet, with
appropriate transitions subject to the approval of the Public
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Works Director / City Engineer. The improvements shall include a 14-foot parkway that includes a 6-foot sidewalk. The improvements must be constructed and operational prior to the issuance of the first Certificate of Occupancy.
• From the western property boundary to Evans Road, McLaughlin Road shall be improved within the dedicated ROW in accordance with a Modified Rural Road standard (City Standard Plan No. 121), which has a 50-foot ROW width and a 28-foot pavement width. Also included within the 50-foot ROW width is a 6-foot graded shoulder and 5-foot graded slope on each side. The improvements must be constructed and operational prior to the issuance of the first Certificate of Occupancy.
• Evans Road – This street shall be improved within the dedicated ROW in accordance with the General Local standard (City Standard Plan No. 115, Section B), which has a 60-foot ROW width and 40-foot curb-to-curb width. Also included within the 60-foot ROW width is a 10-foot parkway on each side, which includes a 6-foot sidewalk. The
improvements shall be on the east side (the northbound side) to the ultimate half-width of 30 feet, plus an additional 12 feet past the centerline onto the west side (the southbound side) to the project’s south
property line, with appropriate barricade subject to the approval of the Public Works Director / City Engineer. The improvements must be constructed and operational prior to the issuance of the first Certificate of
Occupancy. 175. Offsite Property. The developer / property owner shall be responsible for acquiring any offsite real property interests that may be required in connection with the development project. 176. Acceptance of Public Roadway Dedication and Improvements. Any easements for public purposes and ROW for public roadways shall be granted to the City through the final map, or other acceptable recordable instrument. 177. Encroachment Permits. The developer / property owner shall obtain all
required encroachment permits and clearances prior to start of any work within City, State, or local agency ROW.
Prior to Issuance of Certificate of Occupancy 178. Fair Share Cost Participation for Offsite Improvements. The developer /
property owner shall pay fair share costs for offsite improvements determined as follows:
• Ethanac Road at Interstate 215 Southbound Onramp: Improve intersection geometrics at a fair share cost of 6.25% of the total cost of the improvements. The intersection improvements are as follows:
• Eastbound: Widen the Ethanac Road approach from one through lane and one right-turn lane to two through lanes and
one right-turn lane.
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179. Street Name Signs and Other Street Signs. The Developer shall install street name sign(s) and other necessary street signs to direct safe flow of vehicular
and pedestrian traffic. The signs shall be designed in accordance with City-approved standards as directed by the Public Works / Engineering Department. 180. Intersection / 50-Foot Tangent. All centerline intersections shall be at ninety (90) degrees, plus or minus five (5) degrees, with a minimum fifty (50) foot tangent, measured from flow line / curb face or as approved by the Public Works Director / City Engineer.
181. Soils and Pavement Report. If not already addressed in the approved Geotechnical Report for this project, the developer / property owner shall submit a City-approved soils and pavement investigation report addressing the
construction requirements, including the street structural sections, within the ROW. 182. Street Lights Installation. Install streetlights along the streets associated with the development project, in accordance with the City-approved street lighting plans and standards. It shall be the responsibility of the Developer to ensure
that streetlights are energized along the streets of those lots where the Developer is seeking Final Inspection for Certificate of Occupancy. 183. ROW Landscape. ROW landscaping shall be installed per approved plans, including BMPs identified in the Water Quality Management Plan (WQMP). Landscaping shall be installed consistent with the timing noted elsewhere in these Conditions of Approval.
184. Driveways and Driveway Approaches. Driveways and driveway Approaches shall be designed and constructed per City standards. Prior to issuance of Certificate of Occupancy, required driveways shall be constructed.
185. Completion of Improvements. Prior to issuance of a Certificate of Occupancy, the following street components shall be completed: a) Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the
improvement plans and as noted elsewhere in these conditions. b) Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All curbs, gutters, sidewalks and driveway approaches shall be installed. c) Storm drains and flood control facilities shall be completed according to the improvement plans and as noted elsewhere in these conditions. Written confirmation of acceptance by the Flood Control District, if applicable, is required.
d) Water systems, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to
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pavement finished grade. Written confirmation of acceptance from the water purveyor is required.
e) Sewer systems shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from the sewer purveyor is required.
f) Landscaping and irrigation, as well as water and electrical systems shall be installed and operational in accordance with City standards and specifications. 186. Intersection Geometrics. The following street intersections shall be improved with the following geometrics:
• Barnett Road / Sun City Boulevard (North and South) / McLaughlin Road (East and West) Intersection Improvements
• Northbound: One shared left-turn / through lane and one shared right-turn / through lane.
• Southbound: One shared left-turn / through lane and one shared right-turn / through lane.
• Eastbound: One shared right-turn / through lane and one through lane.
• Westbound: One shared left-turn / through lane.
• Evans Road (North and South) / McLaughlin Road (East and West) Intersection Improvements
• Northbound: One shared left-turn / right-turn lane.
• Southbound: N/A. No southbound approach.
• Eastbound: One shared right-turn / through lane.
• Westbound: One shared left-turn / through lane. Any offsite widening required to provide these geometrics shall be the responsibility of the developer / property owner. 187. Road Reconstruction or Resurfacing. The Public Works Director / City
Engineer may consider grinding / overlays as an acceptable alternative to reconstruction or resurfacing of paving fronting the development to meet existing conditions, provided the road is found to meet the minimum City
standards for pavement conditions at the time of project construction. If it is determined during project construction that the existing road is found to be substandard, then the Public Works Director / City Engineer will require the developer / property owner to provide full reconstruction as provided for in these conditions of approval. At the discretion of the developer, the existing pavement may be cored during project construction to confirm the adequate section, and any findings shall be incorporated into project design. The Public Works Director / City Engineer shall have the final approval for all road conditions. 188. Landscaping Application Annex. Landscaping within public road ROW shall
comply with the Public Works / Engineering Department standards and require approval by the Public Works / Engineering Department. Assurance of continuing maintenance is required by annexing the development project into a
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City-administered Community Facilities Maintenance District (CFD) for landscaping maintenance. F. WATER, SEWER, AND RECYCLED WATER
General Conditions
189. Meet Minimum Standards. All water, sewer and recycled water improvements, as well as required auxiliaries and appurtenances, shall be designed per current City ordinances and Eastern Municipal Water District (EMWD) standards and specifications. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD. 190. Utility Improvement Plans. Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by the Public Works / Engineering Department and EMWD. 191. Onsite and Offsite Sewer, Water and Recycled Water Improvements. All public onsite and offsite sewer, water and recycled water improvements shall
be guaranteed for construction prior to final map recordation. 192. Sewer Lines. All sewer line alignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with City Standards and EMWD standards. 193. Water Mains and Hydrants. All water mains and fire hydrants providing required fire flows shall be constructed in accordance with applicable City ordinances, and subject to the approval of the Public Works / Engineering Department and EMWD and the Riverside County Fire Department. G. NPDES AND WQMP All City requirements for NPDES and WQMPs shall be met per City Municipal Code
Chapter 15.01 for Stormwater / Urban Runoff Management Program unless otherwise approved by the Public Works Director / City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines
approved by the Regional Water Quality Control Board. 194. Trash Enclosures Standards and Specifications. Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including:
• Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open.
• Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high.
• Provision of concrete slab floor, graded to collect any spill within the enclosure.
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• All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed.
• The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces.
• The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access.
Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in
the sanitary sewer as an option, in accordance with EMWD criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and
located at the rear of the enclosure to prevent damage from bins. SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries – collectively referred to as the “Trash Amendments.” Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices to remove trash from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash full capture devices shall be listed on the State Board’s current
list of certified full capture devices posted on their website (https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_implementation.shtml), or otherwise approved by State or Regional Water Quality Control Board staff.
Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land
Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city-owned storm drains or otherwise located within the public right of way.
Prior to Grading Permit
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195. Final Project Specific WQMP (Final WQMP). Prior to issuance of a grading permit, a Final WQMP shall be submitted, reviewed and approved by the Public
Works / Engineering Department. The developer / property owner submitted a Preliminary WQMP, prepared by SB&O, Inc., dated February 21, 2019. The Public Works / Engineering Department has reviewed and approved the Preliminary WQMP. Prior to issuance of a grading permit, a Final WQMP shall be reviewed and approved by the Public Works / Engineering Department. The Final WQMP shall be in substantial conformance with the approved Preliminary WQMP. Final construction plans shall incorporate all of the structural BMPs identified in the approved Final WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved Final WQMP.
One copy of the approved Final WQMP on a USB drive in pdf format shall be submitted to the Public Works / Engineering Department. 196. Revising the Final WQMP. In the event the Final WQMP requires design revisions that will substantially deviate from what was previously documented and approved, a revised or new WQMP shall be submitted for review and
approval by the Public Works / Engineering Department. The cost of reviewing the revised / new WQMP shall be charged based on the current City-adopted User Fee for reviewing Final WQMPs. 197. WQMP Right of Entry and Maintenance Agreement. Prior to, or concurrent
with the approval of the Final WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved Final WQMP.
Prior to Issuance of Certificate of Occupancy 198. Implement Project Specific WQMP. All structural BMPs described in the Final
WQMP that is approved by the City shall be constructed and operational in conformance with approved plans and specifications. It shall be demonstrated that the developer / property owner is prepared to implement all BMPs
described in the Final WQMP that is approved by the City and that copies of the Final WQMP are available for the future owners / occupants. The City will not release occupancy permits for any portion of the project, or any proposed
map phase prior to the completion of the construction of all required structural BMPs, and implementation of non-structural BMPs. An exception may be granted for BMPs not serving a Drainage Management Area where no Certificate of Occupancy is being sought. 199. WQMP / BMP Education. Prior to issuance of any Certificate of Occupancy, the developer / property owner shall provide the City proof of notification to future occupants, of all BMPs and educational and training requirements for said BMPs as directed in the City-approved Final WQMP. At a minimum, acceptable proof of notification must be in the form of a notarized affidavit. The developer must provide to the Public Works / Engineering Department a
notarized affidavit stating that the distribution of educational materials to future
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homebuyers has been completed prior to issuance of occupancy permits. NPDES Public Educational Program materials may be obtained from the Flood
Control District - NPDES Section by accessing the Flood Control District's website at www.floodcontrol.co.riverside.ca.us H. CITYWIDE Community Facilities District (CFD) 2015-2 or 2017-1 Prior to Final Map Recordation 200. Annexation to the Citywide CFD 2015-2 or 2017-1. Prior to the recordation of the final map, the developer / property owner shall complete the annexation of the proposed development project into the boundaries of CFD 2015-2 or 2017-1, as determined by the Public Works Director / City Engineer. The CFD shall be responsible for the maintenance of public improvements or facilities that
benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, street sweeping / maintenance, drainage facilities, water quality basins, graffiti abatement and other public improvements or
facilities as approved by the Public Works Director / City Engineer. The developer / property owner shall be responsible for all costs associated
with the annexation of the proposed development in the citywide CFD. 201. CFD Annexation Agreement. In the event timing for this development project’s schedule prevents the developer / property owner from complying with the conditions of approval for CFD annexation, the City may defer the timing of annexation, provided that the developer / property owner enters into a CFD annexation agreement to allow the annexation to complete after the final map recordation but prior to the issuance of a building permit. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to the final map recordation.
202. Landscape Improvement Plans for CFD Maintenance. Landscape improvements within public ROW and / or areas dedicated to the City for the
CFD to maintain shall be prepared on a separate City CFD plans set for review and approval by the Public Works / Engineering Department. The plans may be prepared as one plan for the entire project, as determined by the Public
Works Director / City Engineer. When necessary as determined by the Public Works Director / City Engineer, a separate WQMP construction plan on City title block may be required for review and approval by the Public Works / Engineering Department prior to issuance of a grading permit. Prior to Issuance of Certificate of Occupancy 203. CFD Landscape Guidelines and Improvement Plans. All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the Public Works / Engineering Department prior to issuance of a construction permit.
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204. Maintenance of CFD Accepted Facilities. All landscaping and appurtenant facilities to be maintained by the CFD 2015-2 or 2017-1 shall be built to City
standards, having a separate landscape controller and meter system, separate from the landscape controller and meter system that is to be used for the privately-owned landscaping that is to be maintained by the developer / property owner.
Prior to Final Map Recordation 205. Maintenance Exhibit. Prior to final map recordation, the developer / property
owner shall prepare an exhibit that shows all open space lots within the project development tract and the maintenance entity for each lot. The exhibit shall be reviewed and approved by the Community Development Department and the
Public Works / Engineering Department. 206. Common Area Maintenance. Any common areas identified in the Tentative
Tract Map shall be owned and maintained as follows: a) A permanent master maintenance organization shall be established for
the tentative tract map area, to assume maintenance responsibility for all common recreation, open space, circulation systems and landscaped areas. The organization may be public (CFD) or private (e.g., homeowners’ association). Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for maintenance. When necessary, property dedication or easement dedications shall be granted to the maintenance organization through map dedication, or separate recordable instrument, and shall be in a form acceptable to the city.
b) The CFD is expected to maintain all parkways within and immediately adjacent to the public ROW.
c) Unless otherwise provided for in these conditions of approval, common open areas shall be conveyed to the maintenance organization as implementing development is approved or any subdivision, as
recorded. d) The maintenance organization shall be established prior to or concurrent with the recordation of the first land division. I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES General Conditions 207. Fees and Deposits. Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and / or issuance of certificate of occupancy, the developer / property owner shall pay all fees, deposits as applicable. These shall include, but not be limited to, the regional Transportation Uniform Mitigation Fee (TUMF), Development Impact Fees
(DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said
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fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances.
Prior to Issuance of Certificate of Occupancy 208. TUMF Fees – Prior to the issuance of an occupancy permit, the developer /
property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to City-adopted Ordinances governing the TUMF program.
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Section IV:
Riverside County Fire Department
Conditions of Approval
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General Conditions 209. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with the Riverside County Ordinances and/or recognized fire protection standards:
210. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 211. Hydrant Spacing. Schedule A fire protection approved standard fire hydrants,
(6”x4”x2 ½”) located one at each street intersection and spaced no more than 500 feet apart in any direction, with no portion of any lot frontage more than 250 feet from a hydrant. Minimum fire flow shall be 1000 gpm for 2 hour
duration at a 20 psi. Hydrants shall also be located on the perimeter streets located at each street
intersection with spacing of 1000 feet. 212. Secondary Access. In the interest of Public Safety, the project shall provide an Alternate or Secondary Access(s) as stated in the Transportation Department Conditions. Said Alternate or Secondary Access(s) shall have concurrence and approval of both Transportation Department and the Riverside County Fire Department. 213. ECS-Water Prior/COMBUS. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. 214. Driveway Access. Driveways exceeding 150’ in length shall provide a turnaround within 50’ of the structure(s). 215. Driveway Requirements. Access will not have an up, or downgrade of more than 15% (access will not be less than 24 feet in width per Ordinance 787) and
will have a vertical clearance of not less than 13’ 6 inches. Access will be designed to withstand the weight of 75 thousand pounds over 2 axels. Access will have a turning radius of 38 feet capable of accommodating fire apparatus. 216. Gate Entrances. Gate entrances shall be at least two feet wider than the width
of the traffic lanes serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38 feet turning radius shall be used. 217. Auto/MAN Gates. Gate(s) shall be automatic minimum 24 feet in width. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with a shear pin force, not to exceed 30’ pounds. Automatic
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gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system.
Prior to Recordation 218. Water Plans. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 219. ECS HYD/WTR Tank. ECS map must be stamped by the Riverside County
Surveyor with the following note: Prior to the issuance of a building permit, a water system for fire protection must be provided, either: 1) a domestic water system with an approved fire hydrant within 600’ of the lot frontage (original
letter only from the water purveyor) or 2) a private well system with a water storage tank of sufficient size, as approved by the Riverside County Fire Department.
220. ECS Water Prior/COMBUS. ECS map must be stamped by the Surveyors
office with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. 221. Secondary Access. In the interest of Public Safety, the project shall provide an Alternate or Secondary Access(s). Said Alternate or Secondary Access(s) shall have concurrence and approval of both the Transportation Department and the Riverside County Fire Department. Prior to Building Permit Issuance 222. Tract Water Verification. The required water system, including all fire
hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire
Department to inspect the required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water plans must be at the job site. 223. Secondary Access. In the interest of Public Safety, the project shall provide an alternate or secondary access(s). Said alternate or secondary access(s) shall have concurrence and approval of both the Transportation Department and the Riverside County Fire Department. Alternate and/or secondary access(s) shall be completed and inspected per the approved plans. Contact the Fire Department to schedule an appointment to verify: 951-723-3767. 224. Hydrant System. Prior to the release of your installation, site prep and/or
building permit(s) from the Building Official, written certification from the appropriate water district that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them.
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Also a map or APN page showing the location of the fire hydrant and access to the property
*Only the original letter from the water district will be accepted Prior to Final Inspection 225. Residential Fire Sprinklers. Residential fire sprinklers are required in all one
and two family dwellings. Plans shall be submitted to the Fire Department for review and approval prior to the fire sprinkler installation.
226. Fire Dept. Clearance Reqd. Prior to the issuance of building permits, clearance from the Riverside County Fire Department is required. The applicant shall speak directly with a representative of the Fire Department in
order to determine the exact requirements for their clearance, which may include but is not limited to fire sprinklers, fire flow and hydrant location, driveway access and turnarounds.
Menifee Office 951-723-3767 Website – www.rvcfire.org
Plans must be submitted in triplicate with current fees to the Fire Department for review and approval prior to the installation. Permit number, name of project must be on the plans by the job site address. 227. Verification Inspection. Prior to final for occupancy/building final you shall contact the Riverside County Fire Department to schedule an inspection for the items that were shown at the building permit issuance ie: access, addressing, water system and/or fuel modification.
Riverside Office 951-246-6215
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Should you have any questions, or some items are unclear, please phone our
office and speak to a Specialist to assist you with these conditions. 951-723-
3765
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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. _______________________________________________ ___________________ Signed Date
_______________________________________________ ___________________ Name (please print) Title (please print)
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AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
This Agreement to Indemnify and Hold Harmless (“Agreement”) is entered into,
effective as of _______ ____, 2020, by and between the CITY OF MENIFEE, a municipal corporation, on the one hand,(“City”), and Redhawk Communities, Inc., a California company, (“Indemnitor” or “Indemnitors”), on the other. The City and Indemnitor(s) are herein referred to collectively as the “Parties” and individually as a “Party.”
RECITALS
Whereas, Applicant has applied to the City for various discretionary approvals including a project for the development of a subdivision of 46.9 gross acres into 174 single-family residential lots with a minimum lot size of 7,200 sq. ft. (the “Project”) on the southwest corner of McLaughlin Road and Barnett Road (the “Property”); and
Whereas, in connection with the consideration of the above-mentioned
discretionary approvals, Indemnitor(s) has offered to, and hereby agrees that it will, indemnify and hold the City harmless from any challenges arising from or related to the discretionary approvals, the Property or the Project as more fully set forth in this
Agreement.
AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and based upon the foregoing recitals, and the terms, conditions, covenants, and agreements contained herein, the Parties hereto agree as follows:
1. Incorporation of Recitals. The Recitals set forth above are an integral part of this Agreement, and are fully incorporated herein.
2. Indemnitors’ Indemnification Obligations. Indemnitor(s) shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants (which may include the County of Riverside and its employees, officers, officials, and agents), and agents (herein, collectively, the “Indemnitees”) 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 (i) the City’s approval of the Project or actions related to the Property, including without limitation any judicial or
administrative proceeding initiated or maintained by any person or entity challenging the validity or enforceability of any City permit or approval relating to the Project, any condition of approval imposed by the City on such permit or
approval, and any finding or determination made and any other action taken by any of the Indemnitees in conjunction with such permit or approval, including without limitation any action taken pursuant to the California Environmental Quality Act (“CEQA”), or (ii) the acts, omissions, or operations of the Indemnitor(s) and the directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the Indemnitor(s) with respect to the ownership, planning, design, construction, and
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maintenance of the Project and the Property for which the Project is being approved. The City shall notify the Indemnitor(s) of any claim, lawsuit, or other
judicial or administrative proceeding (herein, an “Action”) within the scope of this indemnity obligation and request that the Indemnitor(s) defend such Action with legal counsel reasonably satisfactory to the City. If the Indemnitor(s) fails to so defend the Action, the City shall have the right but not the obligation to do so with counsel of their own choosing, with no right of approval by Indemnitor(s) and, if they do, the Indemnitor(s) shall promptly pay the City’s full cost thereof, with payments made at least on a monthly basis. Notwithstanding the foregoing, the indemnity obligation under clause (i) of the first sentence of this condition shall not apply to the extent the claim arises out of the willful misconduct or the sole active negligence of the City. This Agreement shall survive any final action on the Project, and shall survive and be independent of any Project approvals, even
if such Project approvals are invalidated in whole or part.
3. Entire Agreement; Amendments and Waivers. This Agreement contains the entire agreement between the City and Indemnitor(s) with respect to the subject
matter set forth herein and supersedes any prior discussions, negotiations, and agreements with respect thereto. This Agreement may be amended or modified only by a written agreement executed by both Parties. No waiver of any of the
terms of this Agreement shall be effective or binding unless in writing and executed by an authorized representative of the Party waiving its rights hereunder.
4. Successors and Assigns. This Agreement shall be binding upon the heirs, executors, administrators, successors, transferees, and assigns of the Parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to be effective as of the date first written above.
Dated: , 2020
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
“CITY”
CITY OF MENIFEE, a California Municipal Corporation
By: Its: ___________________________
_________________________________
Attorneys for the City of Menifee
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Dated: , 2020
Dated: , 2020
“INDEMNITOR”
Redhawk Communities, Inc.
By: Print Name:
Title:
Its Manager/Managing Member
Redhawk Communities, Inc.
By: Print Name:
Title:
Its Manager/Managing Member
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
)
)ss
)
Ayes: Diederich, Kanryin, Phillips, Thomas, Madrid
Noes: NoneAbsent: NoneAbstain: None
nie , CMC
Deputy City Clerk
MEN IFEE+\a I
,
O6.
Y
4
l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC20-486 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 26 day of February 2020 by
the following vote: