PC20-500Page 1 of 8
RESOLUTION NO. PC 20- ______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL
APPROVE TENTATIVE TRACT MAP NO. 2017-264 (TM NO. 37391) TO
SUBDIVIDE 331 ACRES INTO 26 LOTS FOR CONVEYANCE
PURPOSES LOCATED SOUTH OF ROUSE ROAD, EAST OF
ENCANTO DRIVE AND WEST OF ANTELOPE ROAD
Whereas, on June 19, 2017, the applicant, BLC Fleming, LLC filed a formal
application with the City of Menifee for the approval of Tentative Tract Map No. 2017-
1264 (“Project”) for a large-lot subdivision map for conveyance purposes which would
establish lots corresponding to the Planning Area boundaries as proposed by the
Legado Specific Plan No. 2017-187 on the property as identified as APNs 333-020-009,
333-020-010 (partial), 333-030-012, 333-030-013, 333-030-021, and 333-030-022
(partial); and
Whereas, the application for the Tentative Tract Map is being processed
concurrently with applications for a Specific Plan (2017-187) which establishes land uses
and development standards for 331 acres, including the Project area, a change of zone
(CZ2017-188) to change the zoning of the site from Fleming Ranch Specific Plan to the
Legado Specific Plan; Vesting Tentative Tract Map No. 2018-137 (TM37408) for the
subdivision of the western portion of the Specific Plan area into 475 residential lots;
Vesting Tentative Tract Map No. 2018-138 (TM37409) for the subdivision of the eastern
portion of the Specific Plan area into 547 residential lots; and Development Agreement
No. 2018-277 for the establishment of provisions for development of the Project such as,
but not limited to infrastructure improvements, park benefits, vesting of development
rights and timing of public improvements; and,
Whereas, on May 13, 2020, the Planning Commission, held a duly noticed Public
Hearing on the Project, considered all public testimony as well as 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, notices placed on the project site, and notice to property owners within 300 feet
of the Project boundaries, and to persons requesting public notice; and
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
as follows:
Section 1: Consistency with the General Plan. The tentative tract map is consistent
with the General Plan Land Use Map and applicable General Plan
objectives, policies, and programs and the proposed Specific Plan.
The General Plan land use designation of the site is Specific Plan
(Fleming Ranch); however, the Fleming Ranch Specific Plan was never
adopted nor approved. At the time of the preparation of the General Plan
in 2013, the Fleming Ranch Specific Plan project was considered to be in
process and the Land Use Element Background Report specifies that the
specific plan land use designation represents both approved or in-process
projects. It was assumed that the Fleming Ranch Specific Plan would be
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
500
Page 2 of 8
approved soon after the adoption of the General Plan, which occurred in
December 2013, and if not, the developer of the project area would need
to process a Specific Plan for the development of the area.
The intent of the Specific Plan general plan land use designation is to
recognize areas where an existing specific plan is in place and to provide
policies, standards and criteria for the development or redevelopment of
these areas. Since no Specific Plan is in place for the property, the
applicant has prepared and processed the Legado Specific Plan (which
was previously called the Fleming Ranch Specific Plan) to provide the
policies, standards and criteria for development of the area.
The Tentative Tract Map is being processed concurrent with the Legado
Specific Plan No. 2017-187. The proposed Legado Specific Plan is
consistent with the General Plan. The Specific Plan provides land uses,
development standards and design guidelines that implement the goals
and policies of the General Plan. Roadways, trails, bike lanes, enhanced
landscape corridors, and a possible opportunity for a City gateway
monument have been incorporated into the Specific Plan consistent with
the General Plan.
The Tentative Tract Map proposes a large-lot subdivision map for
conveyance purposes and would establish lots corresponding to the
Planning Area boundaries as proposed by SP 2017-187. A majority of
backbone roadway dedications would occur as part of the large-lot
subdivision. TTM 37391 would establish a subdivision of 26 lots proposed
for 263.5 acres of residential, recreation center, paseos/neighborhood
parks and water quality basin uses, 20.1 acres of commercial uses, 12.9
acres of park uses, 6.3 acres of open space uses, while the remaining
28.2 acres are proposed for internal public roadways. The proposed land
uses and roadways shown on the tentative map are consistent with the
Specific Plan land uses and circulation element.
Existing General Plan land use designations north of the Project site
include “Commercial Office (CO),” “Commercial Retail (CR),” “2.1-5
dwelling units per acre (du/ac) Residential (2.1-5 R),” and “Rural
Residential – 5 acre minimum (RR5).” Lands to the east of the Project
site are designated as “2.1-5 du/ac Residential (2.1-5 R),” “5.1-8 du/ac
Residential (5.1-8 R) and “Rural Residential – 5 acre minimum (RR5).”
Lands to the south of the Project site are designated as “Economic
Development Corridor (EDC),” “Public/Quasi Public Facilities (PF),”
“Recreation (OS-R),” and “5.1-8 du/ac Residential (5.1-8 R).” Properties
located to the west of the Project site are designated as “Economic
Development Corridor (EDC)” and “2.1-5 du/ac Residential (2.1-5 R).”
Where existing residential designations occur, the project proposes
residential uses or recreational uses. Commercial planning areas are
adjacent to Encanto Drive, away from existing residential uses. The
Planning Area containing the proposed sports park has incorporated
buffering through landscaping and lighting will be shielded. The Project is
compatible with surrounding land uses.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
Page 3 of 8
In addition, the Tentative Tract Map is consistent with the following City of
Menifee General Plan policies:
Policy LU-1.1: Concentrate growth in strategic locations to help
preserve rural areas, create place and identity, provide infrastructure
efficiently, and foster the use of transit options.
The Tentative Tract Map creates parcels that are consistent with the
Specific Plan Planning Areas. The Specific Plan places appropriate
uses within an area designated Specific Plan per the General Plan
(GP). Growth has been concentrated in this strategic location to help
preserve rural areas. Through the land use plan, development
standards, and the design guidelines, the Specific Plan will create a
unique place and develop its own identity. The Land Use Plan,
Circulation Plan, Grading Plan, and Phasing Plan of the Specific Plan
will ensure that that development will provide infrastructure efficiently.
A combination of pathways, paseos, walkways, or similar pedestrian
accesses are provided that connect the individual Planning Areas in
the SP to commercial areas and recreation areas. The project
includes bus stops and shelters to promote transit. The Specific Plan
also accommodates NEV routes consistent with the General Plan and
a future I-215 overcrossing at Rouse Road. The Tentative Tract Map
implements and is consistent with Land Use Plan, Circulation Plan,
Grading Plan, and Phasing Plan of the Specific Plan.
Policy LU-1.5: Support development and land use patterns, where
appropriate, that reduce reliance on the automobile and capitalize on
multimodal transportation opportunities.
The Tentative Tract Map is consistent with the Specific Plan which
provides pedestrian connections, trails, bike lanes, NEV lanes and
bus stops to facilitate multimodal transportation. The Project was
designed to add pedestrian connections at the ends of cul-de-sacs to
allow for more efficient access by residents to other streets and parks,
to promote walkability. In addition, a pedestrian connection was
added from the residential portion of the Project to the commercial
area to provide another path of travel to encourage walking of future
residents to the future commercial uses.
LU-1.7 Ensure neighborhood amenities and public facilities (natural
open space areas, parks, libraries, schools, trails, etc.) are distributed
equitably throughout the City.
The Tentative Tract Map implements and is consistent with the
Specific Plan which includes a Community Park, Neighborhood Parks,
Private Recreation Center and Paseos. The parks and paseos are
distributed strategically through the Project area so that recreational
amenities are nearby all residents. The Paseo Legado design
provides a recreational amenity, but also a connection between the
two neighborhood parks and private recreation center.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
Page 4 of 8
LU-2.1 Promote infill development that complements existing
neighborhoods and surrounding areas. Infill development and future
growth in Menifee is strongly encouraged to locate within EDC areas
to preserve the rural character of rural, estate, and small estate
residential uses.
The proposed project is located within an urbanized area, near
Interstate 215 and the McCall Boulevard Interchange. The Project
site is primarily surrounded by existing residential uses, residential
developments that are currently under construction, a middle school,
and commercial businesses. The proposed Project will promote infill
development and complements these existing and proposed adjacent
land uses.
Policy C-1.1 Require roadways to: Comply with federal, state and
local design and safety standards.
The Tentative Tract Map proposes improvements for roadways,
including but not limited to, Encanto Drive, Sherman Road, Rouse
Road and Chambers Road which are consistent with the City’s
General Plan and the City’s Public Works and Engineering
Department Standard Details.
Policy C-2.2 Provide off-street multipurpose trails and on-street bike
lanes as our primary paths of citywide travel and explore the shared
use of low speed roadways for connectivity wherever it is safe to do
so.
The Project provides bike lanes and NEV lanes consistent with the
General Plan. Trails and expanded sidewalks are also provided
throughout the Specific Plan and Tentative Map.
Consistency 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 Project site is located inside the Stephen’s Kangaroo Rat
(Dipodomys stephensi) (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 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.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
Page 5 of 8
Consistency with Housing Element. The Tentative Tract Map is a
subdivision for conveyance purposes and no building permits, including
those for residential construction are to be issued without further
entitlement approvals. The Tentative Tract Map does subdivide the
Project area into lots that are consistent with the Planning Areas of the
Legado Specific Plan. Consistency of the Legado Specific Plan with the
Housing Element is a finding included in the resolution adopting the
Specific Plan.
Section 2: Consistency with the Zoning Code. The Tentative Tract Map is consistent
with the zone designation map, and applicable development standards
within the zone designation:
On December 18, 2019 the City of Menifee adopted a new zoning map
that went into effect on January 18, 2020. Pursuant to the new zoning
map, the Project site’s zoning designation is SP “Fleming Ranch Specific
Plan Zone.” Thus, CZ No. 2017-188 would change the site’s updated
existing zoning designation from “Fleming Ranch Specific Plan Zone” to
“Legado Specific Plan Zone.” The Specific Plan includes the allowed
uses and development standards applicable to Property within the
Specific Plan. The Tentative Tract Map is consistent with the Specific
Plan allowed uses, development standards and design guidelines.
Properties located north of the Project site are designated for “Low
Density Residential-1 (LDR-1)”, Low Density Residential-2 (LDR-2)”,
“Commercial Office (CO)”, and “Commercial Retail (CR)”. Properties
located to the east of the Project site are classified as “Rural Residential,
5-acre minimum (RR 5)” and “Planned Development District (PDO-1)”.
Properties located to the south of the Project site are zoned “Economic
Development Corridor-McCall Boulevard (EDC-MB)”, “Public/Quasi-
Public Facilities (PF)”, and “Low Medium Density Residential (LMDR)”.
Properties located to the west of the Project site will be classified as EDC-
MB and LDR-2. The proposed Project is compatible with the surrounding
zoning.
Section 3: Consistency with the Subdivision Ordinance Regulating the Division of
Land.
The Tentative Tract Map proposes a large-lot subdivision map for
conveyance purposes and would establish lots corresponding to the
Planning Area boundaries as proposed by SP 2017-187. Specifically, the
map would establish a subdivision of 26 lots proposed for 263.5 acres of
residential, recreation center, paseos/neighborhood parks and water
quality basin uses, 20.1 acres of commercial uses, 12.9 acres of park
uses, 6.3 acres of open space uses, while the remaining 28.2 acres are
proposed for internal public roadways. Staff has reviewed and
conditioned the subdivision for consistency with subdivision ordinance
requirements for lot sizes and dimensions, streets, domestic water, fire
protection, sewage disposal, and other applicable requirements. The
subdivision is consistent with the Subdivision Ordinance requirements.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
Page 6 of 8
The tentative map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of
1965.
The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible.
The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through
or use of property within the proposed subdivision and the design of the
alternate easements which are substantially equivalent to those
previously acquired by the public will be provided.
Section 4: The site is physically suitable for the type of development and the
proposed land use of the development.
The subject site is a vacant and relatively flat, except for steep terrain in
the northeast portion of the site which is conserved as open space.
There are no significant watercourses or bodies of water on the project
site. Jurisdictional drainages throughout the site were analyzed with the
Legado EIR review and mitigation coordinated with applicable wildlife
agencies. As discussed in Section 5, the proposed land uses are
consistent with adjacent existing or under construction land uses. The
proposed density and intensity of the Specific Plan is reasonable based
on site and other constraints, including but not limited to drainage and
surrounding existing and planned roadway infrastructure. Therefore,
given the relatively flat topography of the subject site and the nature of
land use designations that border the Project, the site is physically
suitable for this type of development and the proposed density of the
development.
Section 5: The design of the subdivision and type of improvements are not likely to
not 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.
The Project site is bounded as follows: Rouse Road and residential
development to the north; Chambers Avenue, residential development,
the Hans Christensen Middle School, a mobile home community, a
convalescent facility (Life Care Center), commercial retail, and a motel to
the south; the future extension of Antelope Road and vacant land (under
construction for residential uses) to the east; and Encanto Drive and
Interstate 215, beyond which is a residential community, a mobile home
community, and a golf course (North Golf Course) to the west. The
proposed Tentative Tract Map which implements the Legado Specific
Plan is compatible with the surrounding land uses, General Plan land use
designations and zoning classifications. The Land Use Plan of the
Specific Plan was designed to ensure compatibility of proposed land uses
with other established uses. The Project places residential parcels
adjacent to the existing and under construction residences surrounding
the site and commercial parcels adjacent to areas with existing
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
Page 7 of 8
commercial uses. The lot sizes and development standards of the
specific plan are consistent with surrounding existing residential
developments. The Community Park parcel is located adjacent to the
Middle School’s sports field which is a compatible use. Where the
Community Park parcel borders the existing mobile home park and
convalescent home, the conceptual plans show enhanced landscaping for
buffering. In addition, the lighting plans will be reviewed to ensure
shielding and acceptable light levels at these adjacent uses.
The Tentative Tract Map will not result in conditions detrimental to the
public health, safety, or general welfare as designed and conditioned. The
map has been reviewed and conditioned by the City of Menifee
Community Development, Engineering, Building and Safety and Fire
Departments to ensure that it will not create conditions materially
detrimental to the surrounding uses. Conditions of approval include
compliance with the Specific Plan standards which include substantial
landscaping, park and other amenities to support the proposed residential
component, roadway improvements consistent with the General Plan,
expanded sidewalks and a network of bike lanes and NEV lanes to
encourage non-vehicular travel, fire infrastructure, and drainage
improvements that will benefit the project site and surrounding areas.
In addition, environmental impacts resulting from the Tentative Tract Map
have been analyzed in the Legado Environmental Impact Report (EIR).
The EIR determined that potential impacts would all be less than
significant with the necessary mitigation incorporated, except for
significant and unavoidable impacts to Air Quality, Greenhouse Gas, and
Traffic. A Statement of Overriding Considerations is included for the EIR
stating that the impacts of the Project are acceptable and outweighed by
the benefits of the Project (See Section 7). With the exception of these
environmental categories (Air Quality, Greenhouse Gas, and Traffic) the
proposed entitlements are 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: The subdivision is consistent with the city’s parkland dedication
requirements (per the Quimby Act), as applicable, in accordance
with Chapter 7.75 (Parkland Dedication and Fees)
The tentative tract map is an implementing map of Specific Plan No.
2017-187. Menifee Municipal Code requires 5 acres of parkland for
every 1,000 residents. The overall Specific Plan proposes 1,061 dwelling
units with an estimate of 3,357 residents (1,061 x 3.164 persons per
household). Based on the proposed residents, 16.8 acres of parkland
would be required. The proposed Specific Plan proposes 20.8 acres of
public parkland (Community, Neighborhoods and the Paseo Legado).
The Specific Plan exceeds the parkland requirement by 4 acres. The
proposed map accommodates the parkland within its boundaries as
required by the Specific Plan. The tentative map has been conditioned to
dedicate the parks as required by the Specific Plan. Therefore, the
proposed Project is consistent with the Quimby Act.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
Page 8 of 8
Section 7: Compliance with CEQA. Processing and approval of the tentative tract
map application are in compliance with the requirements of the California
Environmental Quality Act.
The Legado Environmental Impact Report (“EIR”) (SCH# 2009091118),
has been completed for the Project and recommended for certification by
the City Council pursuant to a separate Resolution. The Tentative Tract
Map at issue is consistent with the EIR, which the Planning Commission
has considered as part of its proceedings. The EIR includes a finding
made pursuant to Cal. Pub. Res. Code Section 21081 (a)(3) that specific
economic, social, or other considerations make infeasible mitigation
measures or Project alternatives identified in the environmental impact
report.
NOW, THEREFORE, The Planning Commission of the City of Menifee
recommends to the City Council the following:
1. That the City Council determine that the Findings set out above are true
and correct.
2. That the City Council finds that the facts presented within the public
record and within the Planning Commission Resolution provide a basis to
approve Tentative Tract Map No. 2017-264 (Tentative Tract Map No.
37391) subject to the Conditions of Approval set forth in Exhibit “1” to this
Resolution.
PASSED, APPROVED AND ADOPTED this the 13th day of MAY 2020.
_________________________
Randy Madrid, Chairman
Attest:
___________________________
Stephanie Roseen, Deputy City Clerk
Approved as to form:
______________________________
Thai Phan, Assistant City Attorney
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
EXHIBIT “1”
CONDITIONS OF APPROVAL
Planning Application No.: TR 2017-264 (TM37391)
Project Description: Tentative Tract Map No. 2017-264 is a subdivision of 331
acres into 25 parcels which range in size from 0.33 acres
to 28.09 acres within the Legado Specific Plan. Eighteen
(18) parcels are designated for residential, open space and
recreation, and commercial and seven (7) parcels/lots are
designated for road purposes pursuant to the Legado
Specific Plan. Parcel 8 (12.88 gross acres) is identified to
be dedicated to the City of Menifee for public park
purposes. See lot summary on following page.
The project site is located west of Encanto Road, south of
Rouse Road, and east of Antelope Road in the City of
Menifee.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
2
Associated Applications: Specific Plan No. 2017-187
Change of Zone No. 2017-188
Vesting Tentative Tract Map No. 2018-137 (TR37408)
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
3
Vesting Tentative Tract Map No. 2018-138 (TR37409)
Development Agreement 2018-277
Assessor's Parcel No.: APNs: 330-020-009, 010 and 333-030-012, 013, 021, and
022.
MSHCP Category: Residential and Commercial
DIF Category: Residential and Commercial
TUMF Category: Residential and Commercial
Quimby Category: Single Family Residential
Approval Date:
Expiration Date:
Within 48 Hours of the Approval of This Project
1. Filing Notice of Determination (EIR). 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 Three Thousand, Three Hundred, Ninety
Three Dollars and Twenty Five cents ($3,393.25) which includes the Three
Thousand Three Hundred Forty Three Dollars and Twenty Five Cents
($3,343.25) 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 for the Environmental Impact Report required
under Public Resources Code Section 21152 and California Code of
Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3),
a project shall not be operative, vested or final and local government permits
for the project shall not be valid until the filling fees required are paid.
2. Indemnification. Applicant/developer shall indemnify, defend, and hold
harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors,
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.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
4
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: Building and Safety Department Conditions
of Approval
Section V: Riverside County Fire Department Conditions
of Approval
Section VI: Other Agency/Department Conditions of
Approval
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
5
Section I:
Conditions Applicable to all
Departments
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
6
General Conditions
1. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative Tract Map No. 2017-264 (TR37391)
shall be henceforth defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean
the Permittee of this project.
TENTATIVE MAP = Tentative Tract Map No. 37391 (Planning Case No. 2017-
264), dated December 5, 2019.
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
SPECIFIC PLAN: Adopted Legado Specific Plan Application No. 2017-187.
EIR: Environmental Impact Report State Clearinghouse Number 2009091118
MMRP: Mitigation Monitoring Program for Legado Specific Plan EIR
DEVELOPMENT AGREEMENT: Development Agreement by and between
City of Menifee and BLC Fleming LLC Regarding the Legado Specific Plan
Project dated July 1, 2020 and as subsequently amended.
2. Ninety (90) Days to Protest. The land divider has ninety (90) days from the
date of approval of these conditions to protest, in accordance with the
procedures set forth in Government Code Section 66020, the imposition of any
and all fees, dedications, reservations and/or other exactions imposed on this
project as a result of the approval or conditional approval of this project.
3. Newly Incorporated City. The City of Menifee is a new City incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. In
the future the City of Menifee will identify and put in place various processing
fees to cover the reasonable cost of the services provided. The City also will
identify and fund mitigation measure under CEQA through development impact
fees. The developer understands and agrees to pay such fees.
Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services, and
development impact fees to mitigate the impact of the development proposed
on public improvements. To the extent that Menifee may develop future
financing districts to cover the costs of maintenance of improvements
constructed by development, Developer agrees to petition for formation of,
annexation to or inclusion in any such financing district and to pay the cost of
such formation, annexation or inclusion.
4. Mitigation Monitoring Plan. The developer shall comply with the mitigation
monitoring plan of the Specific Plan EIR.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
7
5. Specific Plan. The project site is located within the SPECIFIC PLAN. The
City and applicant acknowledge and agree that development, including but not
limited to, the overall density and intensity, allowed uses, design guidelines,
including entry monumentation and landscaping, building standards and
setbacks of the parcels within the project site shall comply with the SPECIFIC
PLAN. To the extent any of these conditions are in conflict with the SPECIFIC
PLAN, the SPECIFIC PLAN shall supersede the Condition of Approval
contained herein. The REQUIRED INFRASTRUCTURE shall also comply with
the SPECIFIC PLAN.
6. EIR/MMRP. The project site is subject to the EIR/MMRP. The City and
applicant acknowledge and agree that all future development shall comply with
the EIR/MMRP unless superseded and/or expedited by the Development
Agreement. Each FINAL MAP and the REQUIREED INFRASTRUCTURE shall
comply with the EIR and MMRP. The permittee shall prepare and submit a
written report to the Community Development Director demonstrating
compliance with the EIR/MMRP which must be satisfied prior to the issuance of
a grading permit for the REQUIRED INFRASTRUCTURE. The Community
Development Director may require inspection or other monitoring to ensure
such compliance.
7. Development Agreement. This project is subject to the DEVELOPMENT
AGREEMENT, which applies to the area described in the legal description in
the DEVELOPMENT AGREEMENT. The TENATIVE MAP shall comply with
the requirements within the DEVELOPMENT AGREEMENT. To the extent any
of these conditions are in conflict with the DEVELOPMENT AGREEMENT, the
DEVELOPMENT AGREEMENT shall supersede the Condition of Approval
contained herein.
8. No Building Permits. No building permits shall be issued pursuant to this
subdivision. Subsequent entitlements, including but not limited to, additional
subdivisions, plot plans, conditional use permits and public use permits are
required for development of the parcels pursuant to the DEVELOPMENT
AGREEMENT, SPECIFIC PLAN, AND EIR/MMRP.
9. 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 Development Agreement or Subdivision
Map Act.
10. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
8
Section II:
Community Development
Department
Conditions of Approval
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
9
General Conditions
11. 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.
12. Design Guidelines. The land divider shall comply with the Design Standards
and Guidelines of the Legado Specific Plan.
13. Reclaimed Water. The permittee shall install purple pipes and connect to a
reclaimed water supply for landscape watering purposes when secondary or
reclaimed water is made available to the site as required by Eastern Municipal
Water District.
14. Park Annexation. All parklands must be annexed into a Communities
Facilities District or other acceptable mechanism as determined by the City of
Menifee.
15. Phased Construction. Phasing of project construction shall be consistent with
the phasing proposed in the Specific Plan, unless modified by the Development
Agreement.
16. Ordinance Requirements. The development of the property shall be in
accordance with the mandatory requirements of all City of Menifee Municipal
Code, State law and shall conform substantially to the adopted Specific Plan.
17. Comply with SCAQMD Rule 1113. The Project is required to comply with the
provisions of South Coast Air Quality Management District Rule 1113, Table of
Standards, by requiring that all architectural coatings must consist of low VOCs
(i.e., VOCs of less than 50 grams per liter [g/L]) unless otherwise specified in
the SCAQMD Table of Standards. Compliance with Rule 1113 would ensure
architectural coatings consist of low VOCs on the Project site to reduce
construction-related air emissions. Prior to building permit issuance, the City
shall verify that the following note is included on the building plans. Project
contractors shall be required to ensure compliance with the note and permit
periodic inspection of the construction site by City of Menifee staff or its
designee to confirm compliance. This note also shall be specified in bid
documents issued to prospective construction contractors.
All architectural coatings must consist of low VOCs (i.e., VOCs of less than 50
grams per liter [g/L]) unless otherwise specified in the SCAQMD Table of
Standards pursuant to SCAQMD Rule 1113.
18. Comply with SCAQMD Rule 1403, 431.2 and 1186. The Project is required
to comply with applicable SCAQMD rules for construction activities on the
Project site. SCAQMD Rules that are currently applicable during construction
activity for this Project include but are not limited to: Rule 1403 (Asbestos);
Rule 431.2 (Low Sulfur Fuel); and Rule 1186 / 1186.1 (Street Sweepers).
Compliance with applicable SCAQMD rules for construction activities would
ensure applicable measures are implemented on the Project site during
construction to reduce construction-related air emissions.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
10
19. Comply with SCAQMD Rule 402. The Project is required to comply with the
provisions of SCAQMD Rule 402, “Nuisance” which requires that a person shall
not discharge air contaminants or other materials that would cause health or
safety hazards to any considerable number of persons or the public.
Compliance with Rule 402 would ensure nuisance air contaminants or other
materials are not emitted which would help to reduce construction-related air
emissions.
20. Comply with SCAQMD Rule 445. The Project is required to comply with
SCAQMD Rule 445, which prohibits the installation of permanent wood-burning
devices into new development, and limits the installation of other permanent
indoor or outdoor wood-burning devices and gaseous-fueled devices.
Compliance with SCAQMD Rule 445 would prohibit the use of wood burning
stoves and fire places which would reduce air emissions during operation of the
Project.
21. Existing Uses and Future Right-of-Way Dedications. Improvement and
dedications of Encanto Drive and Rouse Road adjacent to the project may
result in the removal of existing on-site improvements, including but not limited
to, signage and modifications to the parking areas and driveways for existing
businesses fronting Encanto Drive and Rouse Road. Prior to approval of
street improvement plans, updated site plans for the affected parcels shall be
submitted for review and approval by the Community Development
Department. The plans shall illustrate circulation and parking modifications
resulting from the ultimate dedication/improvements on Rouse Road and
Encanto Drive. Any signs removed due to the improvements and dedications
shall be replaced with signage consistent with the City’s current Sign
Ordinance.
22. Pedestrian/NEV Bridge at Rouse. The City of Menifee General Plan shows
an overcrossing/bridge over Interstate 215 at Rouse Road. A future landing
site on the east side of Interstate 215 has been accommodated on the map.
FEES
23. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research
fee), or other such review fee as may be in effect at the time of 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
24. 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.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
11
Further, pursuant to Public Resource Code Section 5097.98(b) remains shall
be left in place and free from disturbance until a final decision as to the
treatment and disposition has been made. If the Riverside County Coroner
determines the remains to be Native American, the Native American Heritage
Commission shall be contacted within the period specified by law (24 hours).
Subsequently, the Native American Heritage Commission shall identify the
"most likely descendant." The most likely descendant shall then make
recommendations and engage in consultation concerning the treatment of the
remains as provided in Public Resources Code Section 5097.98.
25. 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).
26. 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. Work shall be allowed to continue outside of
the buffer area and will be monitored by additional Tribal monitors if
needed.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Management Plan Treatment and
Monitoring Agreements entered into with the appropriate tribes. This may
include avoidance of the cultural resources through project design, in-
place preservation of cultural resources located in native soils and/or re-
burial on the Project property so they are not subject to further
disturbance in perpetuity as identified in Non-Disclosure of Reburial
Condition.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
12
v. If the find is determined to be significant and avoidance of the site has
not been achieved, a Phase III data recovery plan shall be prepared by
the Project Archeologist, in consultation with the Tribe, and shall be
submitted to the City for their review and approval prior to implementation
of the said plan.
vi. 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.”
27. 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
associated records shall be transferred, including title, and are to be
accompanied by payment of the fees necessary for permanent curation.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
13
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.
28. 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.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
14
*The City of Menifee must be consulted on the repository/museum to receive the
fossil material prior to being curated.
LANDSCAPING
29. Park Plans. Park plans must be consistent with the City of Menifee Municipal
Code, the Park Development Guidelines, and Eastern Municipal Water District
requirements.
30. 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.
31. 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.
32. 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).
33. 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.
Outside Agency Letters
34. Riverside County Department of Environmental Health Conditions of
Approval. Conditions of approval for the project from the Riverside County
Department of Environmental Health (Letter dated January 24, 2018) have
been attached to this document and shall be complied with accordingly.
35. Riverside County Flood Control and Water Conservation District
Conditions of Approval. Conditions of approval for the project from the
Riverside County Flood Control and Water Conservation District (Letter dated
January 24, 2018) have been attached to this document and shall be complied
with accordingly.
36. ALUC Condition. Conditions of approval for the project from the Riverside
County Airport Land Use Commission (Letter dated October 26, 2017) have
been attached to this document and shall be complied with accordingly.
Prior to Final Map
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
15
37. 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 Menifee Municipal Code.
38. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land
surveyor or registered civil engineer.
39. 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 be in substantial conformance with the
approved TENTATIVE MAP relative to size and configuration.
B. All lot sizes and dimensions on the FINAL MAP shall be in conformance with
the development standards of the Legado Specific Plan.
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.
40. 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 ___.
41. ECS Note on Dark Sky Lighting. The following Environmental Constraints
Note shall be placed on the ECS:
"This property is subject to lighting restrictions as required by Menifee
Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended
to reduce the effects of night lighting on the Mount Palomar Observatory.
All proposed outdoor lighting systems shall be in conformance with
Menifee Municipal Code Chapter 6.”
42. 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 EIR for the Project on file with the Community
Development Department.”
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
16
43. Maintenance Exhibit. Prior to map recordation, the developer shall prepare
an exhibit that shows all open space lots within the tract and the maintenance
entity for each lot. 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 the Specific Plan.
44. Trails and Bike Lanes. Trails and bike lanes, including accommodations for
the landing for the future overcrossing at Rouse Road, shall be dedicated as
shown in the Specific Plan, Approved Tentative Map and shown on
improvement plans and any subsequent projects. Trails and bike lanes shall
be offered for dedication to the City prior to or in conjunction with the
recordation of the final map.
45. Quimby Dedication. Dedication of parkland. A dedication of parkland shall be
offered on the final map. Where dedication is offered and accepted, such
dedication shall be accomplished in accordance with the provisions of the
Subdivision Map Act. All land dedicated to the City shall be conveyed in fee
simple to the City free and clear of all encumbrances except those which will
not interfere with the use of the property for its intended purposes and which
the city agrees to accept.
FEES
46. 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
47. Grading Plan Review. The Community Development Department shall review
the grading plans for consistency with the approved tentative map and Specific
Plan.
48. Trails and Bike Lanes. Trails and bike lanes, including accommodations for
the landing for the future overcrossing at Rouse Road, shall be accomodated
as shown in the Specific Plan, Approved Tentative Map, and shown on grading
plans and any subsequent projects.
49. 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 EIR
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.
50. Stephens’ Kangaroo Rat (SKR) Fees. 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
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
17
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 331 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.
51. 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.
52. 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;
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
18
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;
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.
53. Environmental Permits. In order to prevent unauthorized impacts to
jurisdictional features or riparian/riverine areas, the following permits shall be
issued and/or reports approved (or exemptions issued) by the respective
resource agency, and any associated conditions of approval shall be agreed
upon, prior to the initiation of any ground disturbing activities associated with
the proposed development:
a. Clean Water Act Section 404 Permit from the Army Corps of Engineers;
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
19
b. Streambed Alteration Agreement of the Fish and Game Code from the
CDFG; and,
c. Clean Water Act Section 401 Water Quality Certification from the
Regional Water Quality Control Board (RWQB).
54. 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
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.
55. Nesting Bird Survey. To avoid impacting nesting birds, one of the following
must be implemented:
Conduct grading activities from September 1st 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 1 through August 31). A qualified
wildlife biologist shall conduct a pre-construction nest survey no more than 14
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. A minimum exclusion buffer of 100 feet shall be
maintained during construction, depending on the species and location. The
perimeter of the nest-setback zone shall be fenced or adequately demarcated
with staked flagging at 20-foot intervals, and construction personnel and
activities restricted from the area. A survey report by the qualified biologist
verifying that (1) no active nests are present, or (2) that the young have
fledged, shall be submitted to the City prior to initiation of grading in the nest-
setback zone. The qualified biologist shall serve as a construction monitor
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
20
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.
ARCHEOLOGY
56. 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
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
21
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
inadvertent cultural resources discoveries, including any newly
discovered cultural resource deposits that shall be subject to a cultural
resources evaluation.
57. 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.
58. 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.
59. Sites. Prior to any grading in the associated areas, the Project Applicant shall
meet with the Project Archaeologist and the Consulting Tribe(s) in order to
assess CA-RIV 9288 and CA-RIV-9289 to determine the suitability for
relocation to a permanent open space area. The Consulting Tribe(s) shall work
with the Project Archaeologist, Project Applicant, and the grading contractor or
appropriate personnel to ensure that every effort is made to relocate the
Features safely and to discuss the most appropriate methods for relocation.
Using professional archaeological methods, the milling slicks and ringing stone
artifacts associated with Sites RIV-9288 and Site RIV-9289 shall be relocated
to the planned open space area in the northeastern portion of the Project site.
Furthermore, the rock art site associated with Site P-33-028165 shall be
preserved in place within the planned open space area in the northeastern
portion of the Project site. Before construction activities may resume in the
affected area, any visible artifacts shall be recovered and recorded and the
features recorded using professional archaeological methods. The current
Department of Parks and Recreation forms for the sites shall be updated,
detailing which features were relocated, the process taken, and updated maps
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
22
using sub meter GIS technology to document the new location of each feature.
The relocation information shall be included in a Phase IV Monitoring Report.
The site record should clearly indicate that the Features are not in their original
location and why they were relocated.
60. Sites II. Sites CA-RIV-9288 and CA-RIV-9289 will be impacted during grading
and construction activities and the soils surrounding them will be disturbed.
Prior to any grading in the associated areas, the Project Applicant, the
Pechanga Tribe, and the City will formalize a written agreement to identify the
area that will be subject to “Controlled Grading” during construction of the
Project. The Pechanga Tribe, the Project Applicant, and the City will develop
an exhibit that outlines the area subject to controlled grading, and that area will
be highlighted on the rough grading plans, precise grading plans or other off-
site improvement plans that may impact this site. “Controlled Grading” shall
include, without limitation, the slow and deliberate excavation and removal of
soils employing the smallest reasonable cuts in certain areas using light
scrapers (for example Caterpillar 623 or 627), dozers (for example D6-D8),
front end loaders, excavators, skip loaders, dump trucks, and motor graders. A
controlled grading plan will be monitored by the Project Archeologist and
Pechanga Tribal Monitor(s) to ensure the systematic removal of the ground
surface surrounding these features are monitored to allow for the identification
of resources.
Results of all controlled grading activities shall be included in the Phase IV
monitoring report.
PALEONTOLOGY
23. Paleontologist Required. This site is mapped as having a high potential for
paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO
ISSUANCE OF GRADING PERMITS:
The permittee shall retain a qualified paleontologist approved by the City of
Menifee to create and implement a project-specific plan for monitoring site
grading/earthmoving activities (project paleontologist).
The project paleontologist retained shall review the approved development plan
and shall conduct any pre-construction work necessary to render appropriate
monitoring and mitigation requirements as appropriate. These requirements
shall be documented by the project paleontologist in a Paleontological
Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted
to the Community Development Department for review and approval prior to
issuance of a Grading Permit.
Information to be contained in the PRIMP, at a minimum and in addition to
other industry standard and Society of Vertebrate Paleontology standards, are
as follows:
A. The project paleontologist shall participate in a pre-construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction, as
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
23
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.
All reports shall be signed by the project paleontologist and all other
professionals responsible for the report's content (e.g. Professional Geologist,
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
24
Professional Engineer, etc.), as appropriate. Two wet-signed original copies of
the report shall be submitted directly to the Community Development
Department along with a copy of this condition, deposit-based fee and the
grading plan for appropriate case processing and tracking.
Prior to Issuance of Building Permit
61. 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 EIR 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.
FEES
62. Fees. Prior to issuance of Building Permits, the Community Development
Department shall determine if the deposit based fees for project are in a
negative balance. If so, any outstanding fees shall be paid by the permittee.
63. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
64. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
65. Quimby Fees. Quimby fees are not required to be paid to the City, since the
applicant is required per the Conditions of Approval to dedicate parkland prior
to map recordation as permitted under the Subdivision Map Act.
Prior to Final Inspection
66. Mitigation Monitoring. The permittee shall prepare and submit a written report
to the Community Development Director demonstrating compliance with those
conditions of approval and mitigation measures of this tract map and EIR which
must be satisfied prior to the issuance of final occupancy. The Community
Development Director may require inspection or other monitoring to ensure
such compliance.
67. 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
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
25
(UCR) and one (1) copy shall be submitted to the Pechanga Cultural
Resources Department.
FEES
68. 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.
69. 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.
70. 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.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
26
Section III:
Public Works/Engineering
Conditions of Approval
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
27
The following are the City of Menifee Public Works Engineering Department Conditions
of Approval for this development, which shall be satisfied at no cost to the City or any
other Government Agency. All questions regarding the intent of the following conditions
shall be referred to the Public Works Engineering Department, Land Development
Section. The developer/property owner shall use the standards and design criteria stated
in the following conditions, and shall comply with all applicable City of Menifee standards
and ordinances. Should a conflict arise between City of Menifee standards and design
criteria, and any other standards and design criteria, those of the City of Menifee shall
prevail.
A. GENERAL
1. Subdivision Map Act - The developer/property owner shall comply with the
State of California Subdivision Map Act.
2. Tentative Tract Map 37391, Project Description - Tentative Tract Map 37391
is a proposed subdivision of 331 acres of land into eighteen (18) large parcels for
development into residential, commercial, recreation, and open space land uses;
and eight (8) lettered lots for roadway purposes, for a total of 26 lots. A Specific
Plan No. 2017-187 (SP 2017-187) which is concurrently being processed with
TTM 37391, will establish the standards for the development of the proposed
tract subdivision. The boundaries of the 18 large parcels will correspond to the
boundaries of the 22 Planning Areas proposed in SP 2017-187. With the
exception of the Commercial Planning Areas, TTM 37391 will be further
subdivided into residential units, recreational parks, and open spaces (for
conservation, water quality and flood control purposes), by two proposed vesting
Tentative Tract Maps 37408 and 37409, also concurrently being processed with
this proposed TTM 37391.
3. Vesting Tentative Tract Maps 37408 and 37409 - Two vesting tentative tract
maps, TTM37408 and TTM37409, are proposed concurrently with TTM 37391, to
further subdivide the Project into residential lots. With the exception of the
Commercial Planning Areas, Vesting TTM 37408 is proposing to subdivide TTM
37391 west of Sherman Road, into 475 residential lots. Vesting TTM 37409 is
proposing to subdivide the area east of Sherman Road into 547 residential lots,
for a total of 1022 units for the Legado development. All three tentative tract
maps are being processed concurrently, and while separate sets of conditions
are prepared for TTM 37408 and 37409, conditions of approval for all three tracts
shall be implemented in a coordinated manner to ensure compliance with
development standards established in SP 2017-187.
4. Final Environmental Impact Report (FEIR), Specific Plan No. 2017-187 – The
development is subject to the provisions and mitigation measures identified in a
Final Environmental Impact Report (FEIR) Reference SCH# 2009091118, and
development standards established under Specific Plan No. 2017-187.
5. SP Planning Areas and TTM37391 Lot Numbers – The proposed Lots in
TTM37391 will encompass the Planning Areas in SP 2017-187 as shown below.
The Lots in TTM 37391 that make up vesting TTM 37408 and 37409 are also
shown. In implementing conditions of approval stated herein, the
developer/property owner shall refer to the following matrix where TTM 37391 lot
numbers, lettered lots, and SP Planning Area numbers are called out.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
28
TTM 37391
Lot Numbers
SP 2017-187
Planning Areas Vesting TTM
1 PA 3
TTM 37408
PA 19
2 PA 1
3 PA 2
4 PA 4
PA 5
5 PA 7
6 PA 6
8 PA 18
7 PA 16 Commercial
18 PA 17 Commercial
9 PA 8
TTM37409
PA 20
10 PA 10
11 PA 12
12 PA 14
PA 21
13 PA 9
14 PA 11
15 PA 13
16 PA 15
17 PA 22
TTM 37391
Lettered Lots Land Use
A Public Road (Rouse Road)
B Public Road (Sherman Road)
C Public Road (Chambers Avenue)
D Public Road (Encanto Road)
E Public Road (Encanto Road)
F Public Road (Chambers Avenue)
G Public Road (Antelope Road)
H Public Road (Chambers Avenue)
6. Development Construction Phasing – Development of TTM 37391 is proposed
to be implemented in three primary phases. These phases effectively divide the
SP Planning Areas utilizing backbone roadways as phasing boundaries. Due to
the inherent topography of the project site, the construction phasing will occur in
a generally north to south, and east to west direction. As such, the project design
is required to provide backbone infrastructure in similar order to support the
proposed development phases. Development construction phasing shall occur in
consecutive order as follows:
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
29
Development Phase 1 - Includes development of TTM 37391 Lots 1, 2, 3, 4
(PA 4 only), 9, 10 and 13
Development Phase 2 - Includes development of TTM 37391 Lots 4 (PA 5
only), 8a, 11, 12, and 14
Development Phase 3 - Includes development of TTM 37391 Lots 5, 6, 7b,
15, 16, 17 and 18b
Footnotes: a-Community Park
b-Commercial Lots
At time of development of the Lots in TTM37391, required backbone
infrastructure shall be provided/constructed in accordance with the Project’s
Infrastructure Phasing Plan described in SP 2017-187. The conditions of
approval included herein provide a more detailed description and delivery timing
for the required improvements and are staying consistent with the phasing
proposed in the Specific Plan.
Prior to Final Map Recordation
While actual construction of backbone infrastructure are not required until the
development of the 18 parcels in TTM37391 commence, prior to Final Map
recordation for TTM37391, appropriate bonds/security and Bond Agreements
shall be provided by the developer/property owner to guarantee construction of
all required improvements. The required bonding amount shall be based on cost
estimates reviewed and approved by PW Director/City Engineer, and shall be
based on substantially completed or City approved improvements plans.
Determination for substantial plan completion shall be by the PW Director/City
Engineer. All Bond Agreements shall comply with applicable City Ordinances,
standards and policies.
The Development Construction Phasing shall occur in sequential order beginning
with Phase 1 ending with Phase 3. The developer/property owner may request
the development to occur out of sequential order, subject to City approval, and
provided all required improvements for earlier phases are bonded, constructed
and in operation prior to the development of a later phase.
7. Infrastructure Phasing Plan – The construction and delivery of required
infrastructure improvements shall be coordinated with the Development
Construction Phasing Plan previously described and shall be as follows:
Construction Phase A – to be delivered concurrently with Development
Construction Phase 1. This infrastructure phase includes the construction of
(a) WQ/Drainage Basin in Lot 1, PA 19
(b) WQ/Drainage Basin in Lot 9, PA 20
(c) Rouse Road fronting Parcel 1 of TPM37379 (existing Mortuary)
(d) Lots A and H (Rouse Road) fronting Lots 1, 2, 3, 9, 13 and 17 (with the
exception of Rouse portion fronting Lot 14),
(e) Lot B (Sherman Road) from Chambers Ave to Rouse Road,
(f) Internal new east-west road fronting Lots 10, 11 and PAs 4 & 5 in Lot 4.
This east-west road will connect TTMs 37408 and 37409
(g) Internal new road fronting Lots 1, 2, 3, 4 and portion of Lot 5
(h) Internal new road fronting Lots 9, 10, 11, 13 and portion of PA 14
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
30
Construction Phase B – to be delivered concurrently with Development
Construction Phase 2. This infrastructure phase includes the construction of
(a) Lots C and F (Chambers Road) from Encanto Road to Concord Lane,
(b) Lot H (Rouse) and Lot G (Antelope) fronting Lots 14 and 17, including the
connection of Rouse Rd with Antelope Rd
(c) Internal new road fronting Lots 11, 12, 14, 15, and 16, and
(d) Internal new road fronting Lots 5 and 6
(e) Development of Lot 8 for the Community Park
Construction Phase C – to be delivered concurrently with Development
Construction Phase 3. This infrastructure phase includes the construction of:
(a) Encanto Road from Chambers to Rouse Roads including Lots D and E
(Encanto Rd widening),
(b) Encanto Road fronting Lot 18,
(c) Lot F (Chambers Rd) fronting Lot 16 from Concord Lane to Antelope Rd,
and
(d) Lot G (Antelope Rd) fronting Lots 15 and 16
NOTES:
(a) The required extent for each of the above improvements, such as street
widths, transitions, dedications are detailed in the “Traffic Engineering
and Streets Improvements” and “Street Standards and Dedications”
sections of these Conditions of Approval
(b) The required improvements related to Traffic Circulation, such as required
Traffic Signals, intersection improvements, bus stops, etc.; and the
required timing for delivery are detailed in the “Traffic Engineering and
Streets Improvements” section of these Conditions of Approval
8. Guarantee for Required Improvements - All final maps shall be in substantial
conformance with approved tentative maps. Prior to final map recordation,
financial security shall be provided to guarantee the construction of all required
improvements associated with the final map. The Public Works Director may
require the dedication and construction of necessary utilities, streets or other
improvements outside the area of any particular map phase if the improvements
are needed for circulation, parking and access or for the welfare and safety of
future occupants of the development.
9. Bond Agreements, Grading and Improvement Security – To guarantee the
construction of all required grading and improvements, the developer/property
owner shall enter into Bond Agreements and post security or bonds in
accordance with applicable City policies and ordinances. The improvements shall
include, but not limited to: onsite/offsite grading, erosion control, street
improvements, street lights, traffic signals, signing and striping, public landscape
improvements, recreational paseos, parks, water/sewer/recycled water
improvements, water quality BMPs, and storm drainage facilities. If map
recordation is required, bond agreements shall be executed and bonds/security
posted prior to final map recordation. Otherwise, bond agreements and bond
posting shall be required prior to grading, building, or construction permit
issuance whichever is applicable. It should be noted that, with the exception of
grading bond agreements, all other bond agreements require Council approvals.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
31
Therefore it shall be the responsibility of the developer/property owner to
coordinate their project timing with City Council calendar when requesting City
approvals of bond agreements.
10. Bond Replacement, Reductions and Releases – All requests for bond
replacements (such as in changes of property ownerships), reductions (such as
in partial completion of improvements), releases (such as in completion of
improvements), shall conform to City policies, standards and applicable City
ordinances. It shall be the responsibility of the developer/property owner to notify
the City in time when any of these bond changes are necessary. The City shall
review all changes in Bond Agreements and the accompanying bonds or
security. Similarly, with the exception of grading bond agreements, all other
agreement changes require Council approvals. Therefore, it shall be the
responsibility of the developer/property owner to coordinate their project timing
with City Council calendar when requesting changes to bond agreements.
11. Existing and Proposed Easements - The submitted tentative tract map shall
correctly show all existing easements, traveled ways, and drainage courses. Any
omission or misrepresentation of these documents may require said tentative
tract map to be resubmitted for further consideration.
12. Plan Check Submittal Process – Improvement plans and grading plans shall be
submitted with necessary supporting documentation and technical studies
(hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the
PW Engineering Department for review and approval. All submittals shall be
signed, and date stamped by the Engineer of Record. The plans must receive
PW approval prior to final map recordation; or issuance of any construction
permit, grading permit, or building permits as applicable or as determined by the
PW Director. All submittals shall include a completed City Fee or Deposit Based
Worksheet and the appropriate plan check fees paid. For any improvements
proposed to be owned and maintained by the Riverside County Flood Control
District (RCFC), improvement plans must receive District technical approval, or
substantial completion clearance letter issued by the District, prior to final map
recordation or as determined by the District.
13. Improvement 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 and/or other registered/licensed professionals as required.
14. Plan Approvals – The developer/property owner shall submit improvement
plans prior to final map recordation. These shall include plans for the construction
of all required improvements required for bonding prior to final map recordation
(such as street improvements, drainage improvements, landscape
improvements, traffic signals, streetlights). Required improvement plans and
grading plans must be technically approved, or received a substantial completion
letter from the Public Works Engineering Department prior to final map
recordation, issuance of any construction and/or grading permit as determined by
PW Director/ City Engineer. Prior to final approvals, 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, in one of the following formats: (a) Auto CAD DXF, (b) GIS
shape file (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
32
(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.
15. 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 shape file (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.
16. Construction Activities and Times of Operation. The developer/property
owner shall monitor, supervise, and control all construction and construction
related activities to prevent them from causing a public nuisance including, but
not limited to, strict adherence to the following:
(a) Construction activities shall comply with City of Menifee ordinances relating
to construction noise. Any construction within the city located within one-
fourth mile from an occupied residence shall be permitted Monday through
Saturday, except on nationally recognized holidays, 6:30 a.m. to 7:00 p.m. in
accordance with Municipal Code Section 8.01.010. There shall be no
construction permitted on Sunday or nationally recognized holidays unless
approval is obtained from the City Building Official or City Engineer.
(b) Removal of spoils, debris, or other construction materials deposited on any
public street no later than the end of each working day.
(c) The construction site shall accommodate the parking of all motor vehicles
used by persons working at or providing deliveries to the site. Violation of
any condition or restriction or prohibition set forth in these conditions shall
subject the owner, applicant to remedies as set forth in the City Municipal
Code. In addition, the Public Works Director or the Building Official may
suspend all construction related activities for violation of any condition,
restriction or prohibition set forth in these conditions until such a time it has
been determined that all operations and activities are in conformance with
these conditions.
(d) A Pre-Construction meeting is mandatory with the City’s Public Works Senior
Inspector prior to start of any construction activities for this site.
17. Dry Utility Installations - Electrical power, telephone, 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 which includes between the nearest
poles offsite in each direction of the project site. Interpretation of “nearest poles
offsite” shall be at the discretion of the PW Director/City Engineer. Other utility
lines such as telephone cables, telecommunication cables that are collocated
with high voltage poles shall be placed underground even when the high voltage
lines (such as 115kV) are exempt from being placed underground. Exemption
from undergrounding low voltage lines shall only be by the Public Works Director
/ City Engineer or as directed by the City Council. A disposition note describing
the above undergrounding and/or relocation shall be reflected on design
improvement plans whenever those plans are required. Prior to issuance of a
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
33
Certificate of Occupancy, the developer/property owner shall submit to the PW
Engineering Department, written proof from the pertinent utility company that the
required utility work has been completed
B. GRADING
General Conditions
18. Project Grading Phasing Plan – The project is proposing to grade the 331
acres into two phases, generally described as the northern half, and the southern
half of the project site. The first phase of grading shall include the infrastructure
needed to build the first 500 residential homes. The second phase of grading
shall include the infrastructure needed to build the remaining residential homes.
The project is proposing to build a total of 1,022 single family residential units
and about 225,000 square feet of commercial development. Grading shall also
include the necessary work to support the proposed Development Phasing Plan
and Infrastructure Phasing Plan described in these Conditions of Approval.
19. Grading Regulations Chapter 8.26 - Any construction activity such as over-
excavation, re-compaction, cut, fill, base or paving which require a grading permit
and shall conform to the requirement of City Grading Regulations Chapter 8.26.
Additionally, grading permits are subject to the Public Works Department
conditions of approval stated herein.
20. Grading Permit for Clearing and Grubbing – A grading permit is required from
the PW-Engineering Department prior to any clearing, grubbing, or any topsoil
disturbances related to construction grading activities.
21. Regulations and Ordinance on Grading within the City. All grading activities
shall conform to City Ordinances, City design standards and specifications, City
General Plan, applicable sections of California Building Code, and all other
relevant laws, rules and regulations governing grading in the City of Menifee.
Prior to commencing any grading, clearing, grubbing or any topsoil disturbances,
the applicant shall obtain a grading permit from the Public Works Engineering
Department. Grading activities that are exempt from a grading permit as outlined
by the City ordinance may still require a grading permit by the City Engineer
when deemed necessary to prevent the potential for adverse impacts upon
drainage, sensitive environmental features, or to protect property, health, safety,
and welfare.
22. Dust Control. All necessary measures to control dust shall be implemented by
the developer during grading. Fugitive dust shall be controlled in accordance with
Rule 403 of the California Air Quality Control Board. A watering device shall be
present and in use at the project site during all grading operations.
23. Use of Maximum and Minimum Grade Criteria - Actual field construction
grades shall not exceed the minimum and maximum grades specified by the
Americans with Disabilities Act and approved project grading design, to allow for
construction tolerances within areas specified as accessible paths of travel. Any
improvement that is outside of the minimum and maximum values will not be
accepted by the City Inspector, and will have to be removed and replaced at the
expense of the developer / property owner.
24. Erosion Control Plans - All grading plans shall require erosion control plans
prior to approval. Temporary erosion control measures shall be implemented
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
34
immediately following rough grading to prevent deposition of debris onto
downstream properties or drainage facilities. Plans showing erosion control
measures may be included as part of the grading plans or submitted as a
separate set of plans for City review and approval. Graded but undeveloped land
shall provide, in addition to erosion control planting, any drainage facilities
deemed necessary to control or prevent erosion. Erosion and sediment control
BMPs are required year-round in compliance with all applicable City of Menifee
standards and ordinances and the National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit from
the California State Water Resources Control Board (SWRCB). Additional
erosion protection may be required during the rainy season.
25. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works
Engineering Department. A slope stability report shall be submitted and approved
by the PW-Engineering Department for all proposed cut or fill slopes steeper than
2:1 (horizontal to vertical) or over 30 feet in vertical height - unless addressed in
a previously City approved report.
26. Slope Landscaping and Irrigation – All manufactured slopes shall be irrigated
and landscaped with grass or approved ground cover, and shall conform to
applicable sections in Chapter 8.26 – Grading Regulations. Slopes exceeding 15
feet in vertical height shall be irrigated and planted with shrubs and/or trees per
applicable City Ordinances. This requirement shall not apply to slopes in
detention basins that are part of flood control facility that will become RCFC’s
ownership and responsibility.
27. 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, standards and policies.
28. Temporary Erosion Control Measures - shall be implemented immediately
following rough grading to prevent deposition of debris onto downstream
properties or drainage facilities. Plans showing these measures shall be
submitted to PW Engineering for review and approval.
29. Retaining Walls - Lots proposing retaining walls will require separate permits
from the City Building Department. They shall be obtained prior to the issuance
of any other building permits unless otherwise approved by the Building Official.
The walls shall be designed by a registered civil engineer and as required by the
Building and Safety Department
30. Design Grade Criteria:
a. On-Site Parking – Where onsite parking is designed, such as in common
areas, parking stalls and driveways shall not have grade breaks exceeding
4%. A 50’ minimum vertical curve shall be provided where grade breaks
exceed 4%. Five percent grade is the maximum slope for any parking area.
Where ADA requirement applies, ADA requirement shall prevail.
b. Down Drains - Concrete down drains that outlet onto parking lot areas are not
allowed. Drainage that has been collected in concrete ditches or swales
should be collected into receiving underground drainage system, or should
outlet with acceptable velocity reducers into BMP devises.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
35
d. Pavement - Permeable pavement requires the layers of filter material to be
installed relatively flat. As such, the permeable pavement areas should have
a maximum surface gradient of 2%, or approved by the PW Director/City
Engineer.
Prior To Issuance of Grading Permits
31. Geotechnical Evaluation/Report - A preliminary Geotechnical Evaluation,
prepared by LGC Geotechnical Inc., dated 03-16-17 (Revised 11-20 and 11-30,
2017), was submitted to the City. The geotechnical report was reviewed in
conformance with the latest edition of the Riverside County Technical Guidelines
for Review of Geotechnical and Geologic Reports. In response to City comments,
a Supplemental Geotechnical Discussion dated 04-10-17, also prepared by LGC
was provided as an addendum to the original Geotechnical Evaluation report.
Both reports are included as Appendices to the project’s FEIR. Prior to issuance
of any grading permit, two copies of City approved final geotechnical reports shall
be submitted to the Public Works Engineering Department. The PW-Engineering
Department shall review and approve final report. The developer/property owner
shall comply with the recommendations of the reports, and City standards and
specifications. In addition to compliance with City Grading Regulations, all
grading shall be done in conformance with the recommendations of the report,
and under the general direction of a licensed geotechnical engineer.
32. Special Condition for Drainage Basin Construction - The final geotechnical
report shall include an analysis that document the design recommendation
associated with stability, compaction and hydrostatic loading for the berm
conditions used as part of WQ/Detention Basins A1 and B1 (see conditions
herein regarding Water Quality Basin design).
33. Compliance with NPDES General Construction Permit – The
developer/property owner shall comply with the National Pollutant Discharge
Elimination System (NPDES) General Construction Permit (GCP) from the State
Water Resource Control Board (SWRCB).
Prior to approval of the grading plans or issuance of any grading permit, the
developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a
Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the
WDID number issued by the SWRCB shall be reflected on all grading plans prior
to approval of the plans. For additional information on how to obtain a GCP,
contact the SWRCB.
34. SWPPP - Prior to approval of the grading plans, the developer/property owner
shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the
development. The developer/property owner shall be responsible for uploading
the SWPPP into the State’s SMARTS database system, and shall ensure that the
SWPPP is updated to constantly reflect the actual construction status of the site.
A copy of the SWPPP shall be made available at the construction site at all times
until construction is completed. The SWRCB considers a construction project
complete once a Notice of Termination (NOT) has been issued by SWRCB. The
City shall require submittal of NOTs for requests to fully release associated
grading bonds.
35. SWPPP for Inactive Sites – The developer/property owner shall be responsible
for ensuring that any graded area left inactive for a long period of time has
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
36
appropriate SWPPP BMPs in place and in good working conditions at all times
until construction is completed.
36. Grading Bonds – Prior to issuance of the permit, adequate performance grading
security shall be posted by the developer/property owner with the Public Works
Engineering Department. Grading bonds shall conform to the requirements of
City Grading Regulations Chapter 8.26.
37. 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. If such locations were not previously
approved with an Environmental Site Assessment, a Grading Environmental Site
Assessment shall be submitted for review and approval by the Community
Development and the Public Works Engineering Departments prior to issuance of
any grading permit. A haul route must be submitted for approval by the
Engineering department prior to grading operations.
38. Offsite Grading Easements - Prior to recordation of a final map phase, or the
issuance of a grading permit within a phased map 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
agreement or documents authorizing the offsite grading shall be submitted to the
Public Works Engineering Department.
Prior To Issuance of Building Permits
39. 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.
40. 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.
41. Conformance to Elevations/Geotechnical Compaction - Rough grade
elevations for all building pads and structure pads submitted for grading plan
check approval shall be in substantial conformance with the elevations shown on
approved grading plans. Compaction test certification shall be in compliance with
the approved project geotechnical/soils report.
Prior To Issuance Of Certificate Of Occupancy
42. 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 form, for each building
requesting a certificate of occupancy. The certification shall be submitted to the
Public Works Engineering Department for verification and acceptance.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
37
43. 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
44. Project Preliminary Drainage Study – A Preliminary Drainage Report dated
April 2019, prepared by the developer’s consultant, K&A Engineering, Inc., of
Corona, California was submitted for review and approval by the City. The report
was reviewed by both the Riverside County Flood Control and Water
Conservation District (RCFC&WCD), and the City of Menifee. The Flood Control
District has provided concurrence with the general concept of the report and has
provided project conditions outlined in herein. The City of Menifee (City
consultant JLC Engineering and Consulting Inc.) reviewed the report and has
approved the preliminary report subject to the Engineering conditions provided
herein. A FINAL Drainage Report will still be required for review and approval by
both agencies prior to issuance of a grading permit.
45. Existing Project Drainage Condition – The project study area is south of
Rouse Road, east Encanto Drive and the 215 Freeway, and north of Chambers
Avenue in the City of Menifee. The area lies within the Riverside County’s Santa
Ana Region watershed. The site is a seasonally disked grassland that generally
drains from east to west in a sheet-flow manner at an average 1.6% grade over
a one mile length. From north to south within the project boundary, there is
approximately 13-foot elevation difference over approximately 3,200 feet
resulting in 0.4% slope. Flows originating from within the site area (and adjacent
tributary area) ultimately drain to an existing Caltrans owned 10-foot wide by 5-
foot high reinforced concrete box (RCB) culvert at the western edge of the
project boundary which conveys the existing flows under Encanto Road and the
I-215 Freeway to an existing Riverside County Flood Control and Water
Conservation District (RCFC&WCD) maintained concrete trapezoidal channel
(called Channel G-G) on the west side of 215 Freeway. This trapezoidal channel
continues in a southwestern direction, while also accepting additional flows from
other drainage areas and ultimately outlets in the regional Salt Creek Channel
which then flows to Canyon Lake. Canyon Lake is a Regional Water Quality
Control Board recognized adequate sump for purposes of evaluating hydrologic
conditions of concern (HCOC) impacts by a development on receiving waters.
46. Existing Project Hydrology Condition – The lowest project site elevation of
approximately 1425 feet above mean sea level (msl) is located along the
western boundary of the property, while the highest elevation of approximately
1650 feet msl is located on the northeast corner of the site, thus providing the
project only 225 feet of relief to address onsite project runoff and offsite runoff
that are naturally draining though the project. The site is currently undeveloped,
and almost flat with the exception of a moderately steep irregular hilly terrain
located in the east portions of the site.
In the existing condition the project exhibits four (4) watershed drainage areas,
called Drainage Areas A, B, C and D in the report. Drainage flows from all four
areas originate from the north ridge of offsite hill sides to a southwesterly
direction towards Encanto Drive at the existing Caltrans 10’(W) x 5’(H) RCB
culvert box.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
38
Drainage Area A is approximately 212.4 acres, tributary to the area
southeasterly side of the project site. This area is a project off-site drainage
area that drains to an existing 6’x4’ RCB at the northeast corner of Chamber
Avenue and Sherman Road.
Drainage Area B is approximately 381.6 acres and directly tributary to the
existing 10’x5’ Caltrans RCB culvert that drains from east of the 215
Freeway to the existing Flood Control concrete Channel G-G, west of 215
Freeway. The 381.6 tributary area includes the 331 acre project site and an
off-site area to the east of Antelope Road.
Drainage Area C is approximately 103.2 acres and tributary to the existing
Flood control Sun City – Rouse Road Storm Drain Project 4-0-0151, Dwg.
No. 4-771. This drainage area is considered off-site area to the north being
conveyed directly to the existing Caltrans 10’x5’ RCB culvert.
Drainage Area D is approximately 118.9 acres at the southwesterly side of
the project including Encanto Drive. This drainage area is considered off-
site area to the south being conveyed directly to the existing Caltrans 10’x5’
RCB culvert via inlets on the west side of Encanto Drive.
Drainage Areas C and D are not tributary to the project site, however, they
were considered in the hydrology study since they are tributary to the existing
Caltrans 10’x5’ RCB. To address area wide flooding in this location, a review of
the impacts of all watersheds tributary to the Caltrans 10’x5’ RCB is necessary.
The review is to determine the RCB’s current effectiveness and to figure out
ways to maximize its beneficial use to address the area’s current flooding
condition.
The hydraulic operation of these existing offsite drainage facilities will be
studied further in final engineering stage that can include separate report(s)
discussing any impacts and needed mitigations. However, from the results of
the Preliminary Drainage Report, it is anticipated that the impacts to existing
facilities will be minimal as the downstream control for these facilities will be
lowered when the proposed project basins are installed.
47. Proposed Drainage Patterns – In addition to addressing onsite runoff created
by the project, the proposed development will be designed to address off-site
drainage from the existing Drainage Areas A, B, C and D. Drainage patterns will
generally remain as in the existing condition, where offsite flows will be
intercepted and conveyed through the site to various detention basins until
discharging to the existing Caltrans 10’x5’ RCB culvert. The project will
incorporate design of three major drainage basins to be constructed in three
planning areas (Planning Areas 19, 20 and 21), a series of storm drain facilities
and systems to intercept, connect and direct flows to major basins and discharge
out to the major receiving Caltrans 10’x5’ RCB. The development of the project
will be such that the basins and storm drain infrastructure needed for any phase
of development will be in place prior to that phase being developed. Therefore,
during any interim phase of the project, the drainage infrastructure should be
more than adequate to convey the 100-year storm safely through the project and
to the ultimate discharge point,
48. Proposed Project Developed Condition (Hydrology Condition)
The project site is located easterly of I-215, on the east side of Encanto Drive,
north of Chambers Ave, south of Rouse Rd and west of Antelope Rd. The 331
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
39
acre project site is bifurcated by Sherman Rd, which will serve as the main
dividing road for the development’s proposed west and east villages (TTM 37408
and TTM 37409 respectively).
Water Quality/Detention Basis
In the developed condition the project will be constructing three major basins
will be designed to function as both flood control (detention) basins and water
quality (WQ) control basins. The design will allow for separation of flows for
treatment for water quality, and flows detained for flood control. The three
basins will be built in three separate Planning Areas: PA 19, PA 20 and PA
21, and have been designated in the report as follows:
WQ/Detention Basin B2–will be built in Planning Area 19, Lot 1 of
TTM37391
WQ/Detention Basin B1–will be built in Planning Area 20, Lot 9 of TTM
37391
WQ/Detention Basin A–will be built in Planning Area 21, Lot 12 of
TTM37391
The dual basin design will make provisions such that only new flows from onsite
will be treated by the Water Quality (WQ) Basin component and offsite flows will
be directed to the Detention Basin component, prior to discharge to the ultimate
discharge point. The three dual basins will be connected by a series of new and
existing storm drain pipe systems with the goal of meeting the Infrastructure
Construction Plan set by the Project SP.
Similar to the existing condition, there will also be four (4) drainage areas in the
developed condition: Drainage Areas A, B, C, and D, which will also have the
same tributary drainage areas as in the existing condition.
Developed Drainage Areas
Drainage Area A is approximately 305.5 acres that includes 43.4 offsite
acres from the adjacent Underwood TR 29835-1 to the east, 64.9 onsite
acres from the southeast portion of this project (Lots 12, 16, portions of
lots 11 & 15), and 197.2 offsite acres from the area southeasterly of the
project. Flows from Drainage Area A are directed to WQ/Detention Basin
A in PA 21, utilizing a system of new and existing storm drain
pipes/systems. New development flows will be treated for water quality
prior to discharge. Discharge from WQ/Detention Basin A will then be
directed to WQ/Detention basin B in Planning Area 19, Lot 1 of TTM
37391.
Drainage Area B (Sub-Areas B1, B2) is approximately 246.9 acres and
includes the west half of the project (TTM 37408 or Lots 1, 2, 3, 4, 5, 6 &
8 of TTM37391), and the northeast portion of the project (Lots 9, 10, 13,
14, 17, portions of Lots 11 and 15). The northeast portion of project site,
Sub-Area B1, consists of 93.0 acres. Sub-Area B1 will drain into WQ
Basin B1 prior to discharging into Detention Basin B1. The outlet of
Detention Basin B1 will convey water using a proposed 48” storm drain
within Rouse Road and out-letting into the north side of Detention Basin
B2 in PA 19. The remaining area, Sub-Area B2, is approximately 153.9
acres, will drain WQ Basin B2 for treatment prior to discharging into
Detention Basin B2.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
40
Drainage Area C is approximately 103.2 acres and tributary to the
existing Sun City/Rouse Road Storm Drain (RCFC & WCD Project 4-0-
0151, Dwg. No. 4-771) which discharges directly into the Caltrans 10’x5’
Culvert. This drainage area will be rerouted to Detention Basin B2 for
controlled release.
Drainage Area D is approximately 141.6 acres at the southwesterly side
of the project including Encanto Drive. This drainage area is considered
off-site area to the south currently being conveyed directly to the existing
Caltrans 10’x5’ RCB culvert via inlets on the west side of Encanto Drive.
This drainage area will be rerouted to outlet into Detention Basin B2 in
order to maximize the effectiveness of the Caltrans culvert. A proposed
storm drain will be put in place adjacent to the project Commercial Areas
along Encanto Drive. Future connections to this storm drain will be part
of the future development of the commercial parcels (Lots 7 and 18)
along Encanto Drive.
Drainage areas B2, C & D all drain directly to Detention Basin B2 and
encompass a total area of 410.0 acres. In the developed condition, the total
drainage area on-site and off-site to the project site and tributary to existing
Caltrans 10’x5’ RCB culvert is approximately 816.1 acres, with 7.6 acres
comprising an area diverted from the Underwood Tract 29835.
Prior To Issuance of Grading Permits
49. Detailed Final Hydrology and Hydraulics Analysis (Drainage Study) – In final
engineering, the developer/property owner shall submit a detailed FINAL
drainage study/analysis that is in substantial conformance with the previously
approved Preliminary Drainage Report prepared by K&A Engineering, Inc. The
detailed analysis shall include design and sizing calculations to support the
proposed sizes and configurations for all required drainage facilities onsite and
offsite. The analysis shall include calculations showing that existing drainage
facilities proposed to receive downstream flows have enough capacities to
handle the developed condition flows. The facilities that should be analyzed
include the following:
Existing Caltrans 5’x10’ RCB Culvert
Existing Flood Control Sun City-Rouse Road Storm Drain
Existing Rancho La Vita Diversion Line
Proposed WQ/Detention Basins and Auxiliaries
Storm Drain connections to existing drainage facilities
Water Quality Facilities outside of the three major WQ/Detention Basins
providing pre-treatment for onsite runoff
The developer shall be responsible for all costs incurred in reviewing and
approving the final Hydrology and Hydraulics Analysis.
50. Additional Design Details in Final Drainage Report. Prior to City approval of
the Final Drainage Report, the following design conditions must be met:
a) The FINAL drainage report must demonstrate that the proposed outflow
from WQ/Detention Basin B2 will not impact the RCFC Line G-G, to the
satisfaction of the City Engineer. This may also require RCFC&WCD
review and approval.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
41
b) The proposed basin design shall incorporate emergency overflow spillway
for the 100 year peak flow rate. The project must demonstrate that
adequate surface overflow paths are provided through the development
to ensure proposed pads are not inundated in case of basin failure. This
will require the preparation of an exhibit showing flood depth and
freeboard during the review of the Rough Grading Plans.
c) Proposed WQ/Detention Basins A1, B1, and B2 shall meet the Basin
Design Criteria that are included in the Riverside County LID BMP
Handbook.
d) WQ/Detention Basins A1 and B1 are using a berm condition for the basin
grading. As a result, the project must demonstrate that the basins have a
minimum of 1 foot of freeboard from the lowest top of berm elevation to
the 100 year storm event water surface elevation that overtop the
emergency spillway.
e) The final geotechnical report shall include an analysis that document the
design recommendation associated with stability, compaction and
hydrostatic loading for the berm conditions used as part of WQ/Detention
Basins A1 and B1.
51. Basin Sizing at Final Engineering - It should be noted that during final
engineering, basin sizing calculations and agency requirements may cause basin
area to grow beyond that shown on the submitted Tentative Tract Map, affecting
adjoining development area. In the event the impact on the subdivision layout is
substantial as determined by the Community Development Department and the
Public Works Department, the development may require a resubmittal of the
tentative tract map for review and approval by the Planning Commission or the
City Council.
52. Detention Basins - Detention Basins shall be designed and constructed to
Riverside County Flood Control Standards. This will include basin side slope
ratios, access requirements for perimeter roads and ramps to outlet structure,
staging areas, and basin floor minimum grades. The developer/property owner
proposes the detention basins to be combination or dual purpose basins also
serving as treatment BMPs for the Project’s Water Quality Management Plan
(WQMP). As such the storage area required for the BMP function should not be
included within the volume used for storm mitigation.
53. Access to Basin Outlet Structure – Access to basin outlet structures shall be
designed in accordance with Flood Control standards for width, grade and
turning movements.
54. 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 offsite 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 PW Engineering Department for review.
55. 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
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
42
be provided by constructing adequate drainage facilities including enlarging
existing facilities and securing necessary drainage easements.
56. Encroachment Permits from Flood Control District – An Encroachment
Permit is required for any work within Flood Control District right of way or any
connection to District owned facilities. The Encroachment Permit application
shall be processed and approved concurrently with the improvement plans.
Prior To Final Map Recordation
57. Offsite Drainage Easements – Prior to final map for a phase requiring offsite
drainage easements, the developer/property owner shall obtain easements from
all affected property owners. Copies of recorded offsite drainage easements shall
be submitted to the Public Works Engineering Department.
58. Drainage Facilities for Ownership and Maintenance by the Flood
Control District – Certain drainage facilities, such as Detention Basins, large
diameter storm drain pipes and associated auxiliaries are proposed for
ownership, operation and maintenance by the Flood Control District. For these
drainage facilities, applicable District standards and guidelines shall be complied
with; including conditions of approval required by the District. Prior to
recordation of the final map for any Development Phase served by the
requested drainage facilities, the developer/property owner shall enter into a
three party cooperative agreement with the City and Flood Control. Both the
Riverside County Board of Supervisors and the City of Menifee City Council
shall approve the agreement.
59. Conditions for Acceptance of Drainage Facilities by Flood Control District –
For drainage facilities requested for ownership and maintenance by the District, a
written request must be submitted to 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. It should
be noted that the District may require approval of improvement plans associated
with requested drainage facilities, prior to approval of any cooperative
agreement.
If the District is willing to maintain the requested drainage systems, the
developer/property owner shall complete the following prior to final map
recordation:
Submit to the District preliminary title reports, plats and legal descriptions for
all drainage facilities right of way or easements to be conveyed to the District;
and secure such right of way or easements to the satisfaction of the District;
Execute a three party cooperative agreement with the City and the District
establishing the terms and conditions of inspection, operation and
maintenance of said drainage facilities;
Process approval of drainage plans by the 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 District to draw up the
agreement;
Provide guarantee bonds for the drainage facility, and necessary certificate of
insurance.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
43
60. Storm Drain Lines 36” and larger - All proposed storm drain lines greater
than 36" in diameter maybe considered for ownership and maintenance by
the Flood Control District, subject to approval by the District.
61. Detention Basins & Debris Basins – Proposed detention basins and debris
basins maybe considered for ownership and maintenance by the Flood Control
District, subject to approval by the District.
62. Maintenance of Detention Basins – For any basin proposed for maintenance
by the District, the City or an HOA, the maintenance of each major element of the
basins shall be clearly defined. Typically the District will only maintain storm
related elements of the basin, the City or HOA will need to maintain the BMP and
landscape elements.
DRAINAGE DESIGN CRITERIA
63. 100 Year Drainage Facilities - All drainage facilities shall be designed to
accommodate 100-year storm flows as approved by the City of Menifee. If the
tract is built in phases, each phase shall be protected from the 100-year tributary
storm flows.
64. 10 Year Curb/100 Year ROW - The 10-year storm flow shall be contained within
street curb and the 100-year storm flow shall be contained within street right of
way. When either of these criteria is not met, additional drainage facilities maybe
required. All lots shall be graded to drain to the adjacent street or to an adequate
outlet.
65. 100 Year Sump Outlet - Drainage facilities out-letting sump conditions shall be
designed to convey the tributary 100-year storm flows, and additional emergency
escape shall also be provided.
66. Drainage Facilities and Terracing - Provide drainage facilities and terracing in
conformance with City ordinances. Observe slope setbacks from buildings and
property lines per Building Code and applicable City ordinances.
67. Maintenance Access for Terrace Interceptor – The maintenance access for
terrace/interceptor shall be designed following City standards and District
guidelines, unless determined otherwise by the PW Director. The general criteria
are as follows:
Flows between 1-5 cfs shall have a 5-foot wide access road, and flows
between 6-10 cfs shall be a minimum 5-foot rectangular channel.
Terrace/interceptor drains shall not be used for flows greater than 10 cfs.
Flows greater than 10 cfs shall be brought to the street. If collection of offsite
tributary flows require that interceptor ditches carry more than 10cfs, the
portion of ditch exceeding 10 cfs shall be publicly maintained.
A 12-foot access road shall be constructed along the downstream side of the
v-ditch interceptor drain.
A splash wall shall be provided on the downstream side of the interceptor
drain unless a block wall with a minimum of 3 courses of block is provided at
the back property line of the affected lots.
68. Drainage Grade - Minimum drainage design grade shall be 1% except on
Portland cement concrete surfaces where 0.5% shall be the minimum. The
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
44
engineer of record must submit a variance request for design grades less than
1% with a justification for a lesser grade.
69. 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 (H:V).
70. Trash Racks. Trash racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large floatable debris.
71. Energy Dissipators - Energy dissipators, such as riprap, shall be installed at the
outlet of storm drain systems discharging 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.
D. TRAFFIC ENGINEERING AND STREET IMPROVEMENTS
General Conditions
72. Traffic Impact Analysis Report. The development shall comply with all the
mitigation measures identified to be constructed or provided in the approved
traffic impact analysis (TIA), dated December 5, 2019 prepared by Urban
Crossroads. PW-Engineering – Traffic Engineering Division has reviewed the TIA
and has generally concurred with its findings. The developer / property owner
shall be responsible for all improvements and mitigations, such as but not limited
to; right-of-way frontage improvements, traffic signal construction or mitigation,
fair share fees, required or identified in the approved traffic study and according
to these Conditions of Approval. All required improvements identified in the study
shall be included in all improvement plans for review and approval by PW-
Engineering. The recommendations/mitigation measures outlined in the
approved TIA are as discussed in the following conditions of approval below.
Additional improvements may be required to address public safety and welfare,
as determined by the City Engineer / PW Director.
The Project is proposed to be developed in three phases. The description of the
TTM37391 lots included in each development construction phase is described in
earlier condition stated herein and is also described below:
Development Phase 1 of the Project is anticipated to include the
development of 500 single family detached residential dwelling units, from
TTM 37391 Lots described in previous condition stated herein.
Development Phase 2 is anticipated to include an additional 231 single
family detached residential dwelling units, up to 10,000 SF of recreational
community center, and up to 11.23 acres of sports park use. This phase
will include the development of TTM37391 Lots described in previous
condition stated herein.
Development Phase 3 (Project Buildout) is anticipated to include an
additional 330 single family detached residential dwelling units and up to
225,000 SF of commercial use. This phase will include the development
of TTM37391 Lots described in previous condition stated herein.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
45
Although the SP can allow up to a total of 1061 single family residential dwelling
units, this Project is currently proposing a total of 1022 SFR units. The analysis
also included up to 225,000 SF of commercial use, up to 10,000 SF of
recreational community center, and up to 11.23 acres of sports park use.
73. Street Naming Convention, TIA – For clarification on the following conditions of
approval under this Section - “Traffic Engineering and Street Improvements”, the
following Exhibit 1-1 from the approved Traffic Impact Report (TIA) shall be used
as reference in implementing said conditions.
Prior to Issuance of Building Permits
74. Signing and Striping Plan. Prior to issuance of a building permit, any
necessary signing and striping plan shall be approved by the City Traffic
Engineer in accordance with City ordinances, standards and specifications, and
with the latest edition of the CAMUTCD. Signing and striping plans may include
a striped bike lane per City General Plan requirements.
75. Driveway Geometrics. Final driveway geometrics may be modified in final
engineering as approved by the City Engineer / PW Director. Driveways shall
meet current standard radii on all existing and proposed commercial drive
approaches used as access to the proposed development. The developer shall
adhere to all City standards and regulations for access and ADA guidelines.
76. Sight Distance Analysis. Sight distance analysis shall be conducted at all
project roadway entrances for conformance with City sight distance standards.
The analysis shall be reviewed and approved by the PW Director, and shall be
incorporated in the final grading plans, street improvement plans, and landscape
improvement plans.
77. Traffic Signal Control Devices. All new traffic signals and traffic signal
modifications required for construction by this development shall include traffic
signal fiber optic communication infrastructure to connect new and existing
signals, network equipment, video monitoring 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 PW Director, prior to testing of new traffic signal. Traffic signal poles shall be
placed at ultimate locations when appropriate.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
46
78. 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 PW Director prior to installation and testing of new
signal.
79. Intersection Geometrics. All temporary/final intersection geometrics, including
pocket lengths and transitions, may be modified in final engineering as approved
by the PW Director.
80. Construction Traffic Control Plan. Prior to start of any project related
construction, the developer / property owner shall submit to the PW-Engineering
Department for review and approval, a Construction Traffic Control Plan in
compliance with all applicable City ordinances, standards and specifications, and
the latest edition of the CAMUTCD. This traffic control plan shall address impacts
from construction vehicular traffic, noise, and dust and shall propose measures to
mitigate these effects. The traffic control plan shall include a Traffic Safety Plan
for safe use of public roads right-of-way during construction. The plan shall
specify mitigation measures to address the following:
a) Dust and dirt fallout from truck loads and gets entrained onto City
roadways: (1) Biweekly street sweeping during construction activity,
and daily during all grading operations. (2) Approved BMPs shall be
installed at all approved construction entrances as part of the
SWPPP.
b) Noise from construction truck traffic: Include construction time and
operation of vehicles through surrounding residential streets.
c) Traffic safety within the road right-of-way: Include temporary traffic
control measures and devices.
81. Cost Participation through Payment of TUMF and DIF for Offsite
Improvements. The developer/property owner’s TUMF and DIF payment
obligations shall be considered as cost participation for Project’s required offsite
improvements only when the offsite improvements for which credits are claimed,
are eligible TUMF and/or DIF facilities at time of TUMF and DIF payments.
Determination for TUMF credits shall be at the discretion of the Western
Riverside Council of Governments (WRCOG), the governing authority, which
shall include entering into a three party TUMF Credit Agreement with the
developer, WRCOG and the City of Menifee.
Prior to Issuance of Building Permits
82. Fair Share Cost Estimates – Future development of any parcel within
TTM37391 shall be required to contribute fair share costs for associated
intersection and roadway geometric improvements with respect to ultimate
roadway improvements. The fair share cost estimates for geometric
improvements shall be based on conceptual exhibits. The conceptual exhibits
shall show the proposed improvements overlaid onto the existing roadway in
order to determine the construction cost of said improvement.
Prior to Issuance of Certificate of Occupancy in Development Phase 1
83. Rouse Road Frontage Street Improvements. The developer / property owner
shall construct the required half width plus 12’ street improvements along the
south side of Rouse Road between Encanto Drive and C Street/Dawson Road at
its ultimate cross-section as a Modified Secondary Roadway. The developer /
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
47
property owner shall construct the required full width street improvements along
Rouse Road between Street C/Dawson Road and east limits of Planning Area 9
at its ultimate cross-section as a Modified Secondary Roadway. The required
improvements shall include construction of 4 lanes (2 eastbound, 2 westbound),
striped median, left turn pockets, bike lanes, landscaped parkways, sidewalk,
and an 8’ wide community trail (south side) along the project frontage. A bus stop
shall be installed on the south side of Rouse Road, east of Rouse Road/Encanto
Drive intersection. Final bus stop location shall be approved by City of Menifee
and RTA. The right-of-way width for Rouse Road varies from 100’ to 111’ per
Approved Tentative Tract Map 37391 roadway cross sections. The
improvements shall include safe roadway geometrics, transitions, and
terminations as approved by the PW Director.
84. Sherman Road Frontage Street Improvements. The developer / property
owner shall construct the required full width street improvements along Sherman
Road between Rouse Road and Chambers Road at its ultimate cross-section as
a Modified Major Roadway. The required improvements shall include
construction of 4 lanes (2 northbound, 2 southbound), raised landscape median,
left turn pockets, bike lanes, landscaped parkways, sidewalk, and an 8’ wide
community trail (east side) along the project frontage. The roadway geometrics
shall transition to a one-lane roundabout at the intersection of Sherman
Road/Street B. A total of six bus stops in both directions shall be installed on
Sherman Road between Rouse Road and Chambers Road (2 south of Rouse
Road, 2 at the roundabout, and 2 north of Chambers Avenue). Final bus stop
location shall be approved by City of Menifee and RTA. The right-of-way width for
Sherman Road shall be 122’ per Approved Tentative Tract Map 37391 roadway
cross sections. The improvements shall include safe roadway geometrics,
transitions, and terminations as approved by the PW Director.
85. Intersection of Rouse Road at Trumble Road. The developer/property owner
shall construct the improvements at the Rouse Road and Trumble Road
intersection with following geometrics:
Northbound: N/A.
Southbound: One shared left/right turn lane. (Stop Controlled)
Eastbound: One left turn lane (minimum 100’ pocket) and two through
lane.
Westbound: One through lane and one shared through/right turn lane.
86. Intersection of Rouse Road at Street A/Brady Lane. The developer/property
owner shall construct the improvements at the Rouse Road and Street A/Brady
Lane intersection with following geometrics:
Northbound: One shared left/through/right turn lane. (Stop Controlled)
Southbound: One shared left/through/right turn lane. (Stop Controlled)
Eastbound: One left turn lane (minimum 100’ pocket), one through lane,
and one shared through/right turn lane.
Westbound: One left turn lane (minimum 100’ pocket), one through lane,
and one shared through/right turn lane.
87. Intersection of Rouse Road at Sherman Road. The developer/property owner
shall construct the improvements at the Rouse Road and Sherman Road
intersection with following geometrics:
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
48
Northbound: One left turn lane (minimum 150’ pocket), one through lane,
and one shared through/right turn lane. (Stop Controlled)
Southbound: One left turn lane (minimum 100’ pocket), one through lane,
and one shared through/right turn lane. (Stop Controlled)
Eastbound: One left turn lane (minimum 100’ pocket), one through lane,
and one shared through/right turn lane. (Stop Controlled)
Westbound: One left turn lane (minimum 150’ pocket), one through lane,
and one shared through/right turn lane. (Stop Controlled)
88. Intersection of Rouse Road at Street C/Dawson Road. The
developer/property owner shall construct the improvements at the Rouse Road
and Street C/Dawson Road intersection with following geometrics:
Northbound: One shared left/through/right turn lane. (Stop Controlled)
Southbound: One shared left/through/right turn lane. (Stop Controlled)
Eastbound: One left turn lane (minimum 100’ pocket), one through lane,
and one shared through/right turn lane.
Westbound: One left turn lane (minimum 100’ pocket), one through lane,
and one shared through/right turn lane.
89. Intersection of Sherman Road at Street B. The developer/property owner
shall construct a one-lane roundabout at the intersection of Sherman Road and
Street B.
90. Intersection of Sherman Road at Chambers Avenue. The developer/property
owner shall construct the ultimate improvements at the Sherman Road and
Chambers Avenue intersection with following geometrics:
Northbound: One left turn lane (minimum 150’ pocket), one through lane,
and one shared through/right turn lane. (Stop Controlled)
Southbound: One left turn lane (minimum 250’ pocket), one through lane,
and one shared through/right turn lane. (Stop Controlled)
Eastbound: One shared left/through lane and one right turn lane. (Stop
Controlled)
Westbound: One shared left/through/right turn lane. (Stop Controlled)
91. Traffic Signal at Encanto Drive and Rouse Road. The developer/property
owner shall install a new traffic signal at Encanto Drive and Rouse Road, at its
ultimate location with the following geometrics:
Northbound: One shared through/right turn lane.
Southbound: One left turn lane (minimum 150’ pocket) and one through
lane.
Eastbound: N/A.
Westbound: One shared left/right turn lane and one right turn lane.
92. Traffic Signal at Encanto Drive and Ethanac Road. The developer/property
owner shall install a new traffic signal at Encanto Drive and Ethanac Road with
the following geometrics:
Northbound: One shared left/right turn lane.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
49
Southbound: N/A.
Eastbound: One through lane and one right turn lane.
Westbound: One left turn lane (minimum 120’ pocket) and one through
lane.
The developer/property owner shall be responsible for obtaining necessary
Right-of-Way to build intersection improvements for acceptable roadway
alignment and geometric improvements as approved by the PW Director. This
condition is not required if this intersection is eliminated as part of a development
within the City of Perris.
Prior to Issuance of Building Permits in Development Phase 1
93. Cost Participation through Payment of Fair Share. Prior to issuance of
building permits for future development of any parcel within TTM37391, the
developer/property owner shall pay fair share costs for offsite improvements
determined as follows:
a. McCall Boulevard between Bradley Road and I-215 Freeway. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on McCall Boulevard between Bradley Road and the I-215
Freeway, at a fair share cost of 17.0% of the total cost of the
improvement. The improvement shall accommodate 6 lanes (3 eastbound
lanes, 3 westbound lanes), striped median, shoulders, and left turn
pockets at intersections.
b. McCall Boulevard between Encanto Drive and I-215 Freeway. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on McCall Boulevard between Encanto Drive and the I-215
Freeway, at a fair share cost of 18.1% of the total cost of the
improvement. The improvement shall accommodate 6 lanes (3 eastbound
lanes, 3 westbound lanes), striped median, shoulders, and left turn
pockets at intersections.
c. McCall Boulevard between Encanto Drive and Sherman Road. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on McCall Boulevard between Encanto Drive and Sherman Road,
at a fair share cost of 15.7% of the total cost of the improvement. The
improvement shall accommodate 6 lanes (3 eastbound lanes, 3
westbound lanes), raised landscaped median, shoulders, and left turn
pockets at intersections.
d. Menifee Road between Biscayne Avenue and Rouse Road. The
developer/property owner shall pay fair share to widen the roadway to
four lanes on Menifee Road between Biscayne Avenue and Rouse Road,
at a fair share cost of 11.0% of the total cost of the improvement. The
improvement shall accommodate 4 lanes (2 northbound lanes, 2
southbound lanes), raised landscaped median, shoulders, and left turn
pockets at intersections.
e. Murrieta Road and Ethanac Road. Improve intersection geometrics at
Murrieta Road and Ethanac Road at a fair share cost of 6.8% of the total
cost of the improvement. The intersection improvements are as follows:
i. Northbound: Construct a single northbound left turn lane.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
50
f. Bradley Road and McCall Boulevard. Improve intersection geometrics
at Bradley Road and McCall Boulevard at a fair share cost of 20.2% of
the total cost of the improvement. The intersection improvements are as
follows:
i. Westbound: Construct a second westbound left turn lane.
g. Encanto Drive and Ethanac Road. Improve intersection geometrics at
Encanto Drive and Ethanac Road at a fair share cost of 13.5% of the total
cost of the improvement. The intersection improvements are as follows:
This condition is not required if the intersection is eliminated as part of the
development within the City of Perris.
i. Northbound: Construct a single northbound left turn lane.
ii. Modify the traffic signal to provide eastbound right turn overlap
phasing.
h. Sherman Road and McCall Boulevard. Improve intersection geometrics
at Sherman Road and McCall Boulevard at a fair share cost of 19.7% of
the total cost of the improvement. The intersection improvements are as
follows:
i. Westbound: Construct a third westbound through lane. Through
lane shall extend from 200’ east of Sherman Road and through to
Encanto Drive.
i. Antelope Road and McCall Boulevard. Improve intersection geometrics
at Antelope Road and McCall Boulevard at a fair share cost of 11.0% of
the total cost of the improvement. The intersection improvements are as
follows:
i. Eastbound: Construct a single eastbound left turn lane.
j. Menifee Road and Pinacate Road (SR-74). Improve intersection
geometrics at Menifee Road and Pinacate Road (SR-74) at a fair share
cost of 3.1% of the total cost of the improvement. The intersection
improvements are as follows:
i. Northbound: Construct a single northbound left turn lane.
ii. Southbound: Construct a single southbound left turn lane.
iii. Modify the traffic signal to provide protected northbound and
southbound left turn movements.
k. Menifee Road and McCall Boulevard. Improve intersection geometrics
at Menifee Road and McCall Boulevard at a fair share cost of 7.3% of the
total cost of the improvement. The intersection improvements are as
follows:
i. Northbound: Construct a second northbound left turn lane.
ii. Eastbound: Construct an eastbound right left turn lane.
iii. Modify the traffic signal to provide eastbound right turn overlap
phasing.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
51
Prior to Issuance of Certificate of Occupancy in Development Phase 2
94. Rouse Road Frontage Street Improvements. The developer / property owner
shall construct the required full width street improvements along Rouse Road
between east limits of Planning Area 9 and Antelope Road at its ultimate cross-
section as a Modified Secondary Roadway. The required improvements shall
include construction of 4 lanes (2 eastbound, 2 westbound), striped median, left
turn pockets, bike lanes, landscaped parkways, sidewalk, and an 8’ wide
community trail (south side) along the project frontage. The right-of-way width for
this section of Rouse Road is 107’ per Approved Tentative Tract Map 37391
roadway cross sections. The improvements shall include safe roadway
geometrics, transitions, and terminations as approved by the PW Director.
95. Chambers Avenue Frontage Street Improvements. The developer / property
owner shall construct the required full width street improvements along
Chambers Avenue between Encanto Drive and the east limits of Planning Area
18 at its ultimate cross-section as a Modified Secondary Roadway. The
developer / property owner shall construct the required half width plus 12’ street
improvements along the north side of Chambers Avenue between the eastern
limits of PA-18 and Street C/Concord Lane at its ultimate cross-section as a
Modified Secondary Roadway. The required improvements shall include
construction of 4 lanes (2 eastbound, 2 westbound), striped median, left turn
pockets, bike lanes, landscaped parkways, and sidewalk. An 8’ wide community
trail shall be constructed on the north side of Chambers Avenue between
Sherman Road and Street C/Concord Lane. The right-of-way width for Chambers
Avenue varies from 98’ to 106’ per Approved Tentative Tract Map 37391
roadway cross sections. The improvements shall include safe roadway
geometrics, transitions, and terminations as approved by the PW Director.
96. Antelope Road Frontage Street Improvements. The developer / property
owner shall construct the required half width street plus 12’ improvements along
the west side of Antelope Road between Rouse Road and the south limits of
Planning Area 11 at its ultimate cross-section as a Major Roadway. The required
improvements shall include construction of 4 lanes (2 northbound, 2
southbound), raised landscaped median, left turn pockets, bike lanes,
landscaped parkways, sidewalk, and an 8’ wide community trail (west side) along
the project frontage. The right-of-way width for Antelope Road varies from 118’ to
128’ per Approved Tentative Tract Map 37391 roadway cross sections. The
improvements shall include safe roadway geometrics, transitions, and
terminations as approved by the PW Director.
97. Intersection of Chambers Avenue at Street A. The developer/property owner
shall construct the improvements at Chambers Avenue and Street A intersection
with following geometrics:
Install stop control on Street A
Northbound: N/A.
Southbound: One shared left/right turn lane.
Eastbound: One left turn lane (minimum 100’ pocket), one through lane,
and one through lane.
Westbound: One through lane and one shared through/right turn lane.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
52
98. Intersection of Sherman Road at Chambers Avenue. The developer/property
owner shall construct the improvements at the Sherman Road and Chambers
Avenue intersection with following geometrics:
Northbound: One left turn lane (minimum 150’ pocket), one through lane,
and one shared through/right turn lane. (Stop Controlled)
Southbound: One left turn lane (minimum 250’ pocket), one through lane,
and one shared through/right turn lane. (Stop Controlled)
Eastbound: One left turn lane (minimum 100’ pocket), one through lane,
and one right turn lane. (Stop Controlled)
Westbound: One left turn lane (minimum 100’ pocket), one through lane,
and one shared through/right turn lane. (Stop Controlled)
99. Intersection of Chambers Avenue at Street C/Concord Lane. The
developer/property owner shall construct the improvements at the Chambers
Avenue and Street C/Concord Lane intersection with following geometrics:
Install stop control on Street C
Northbound: One shared left/through/right turn lane.
Southbound: One shared left/through/right turn lane.
Eastbound: One left turn lane (minimum 100’ pocket), one through lane,
and one shared through/right turn lane.
Westbound: One shared left through-right turn lane.
100. Intersection of Antelope Road at Rouse Road (South). The
developer/property owner shall construct the improvements at the Antelope Road
and Rouse Road (South) intersection with following geometrics:
Northbound: One left turn lane (minimum 100’ pocket) and one through
lane.
Southbound: One shared through/right turn lane.
Eastbound: One left turn lane (minimum 200’ pocket) and one right turn
lane. (Stop Controlled)
Westbound: N/A
101. Intersection of Encanto Drive at McCall Boulevard. The developer/property
owner shall construct the improvements at the Encanto Drive and McCall
Boulevard intersection with following geometrics:
Northbound: One left turn lane (130’ pocket), one through lane, and one
right turn lane.
Southbound: One left turn lane (75’ pocket), one through lane, and one
right turn lane.
Eastbound: One left turn lane (100’ pocket), two through lanes, and right
turn lane.
Westbound: One left turn lane (150’ pocket), one through lane, and one
shared through/right turn lane.
Modify the traffic signal to provide southbound right turn overlap phasing.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
53
102. Traffic Signal at Encanto Drive at Chambers Avenue. The developer/property
owner shall install a new traffic signal at Encanto Drive and Chambers Avenue
with the following geometrics:
Install a traffic signal.
Northbound: One shared through/right turn lane.
Southbound: One left turn lane (minimum 250’ pocket) and one through
lane.
Eastbound: N/A.
Westbound: One shared left-right turn lane
103. Intersection Design. In final engineering, the following intersections may be
subject to design adjustments or modifications based upon the geometric
conditions at time of construction. The adjustments/modifications shall be subject
to the approval of the PW Director/City Engineer.
Encanto Drive and Chambers Avenue, Traffic Signal
Chambers Avenue at Street A
Chambers Avenue at Street C/Concord Lane
Prior to Issuance of Building Permits in Development Phase 2
104. Cost Participation through Payment of Fair Share. Prior to issuance of
building permits for future development of any parcel within TTM 37391, the
developer/property owner shall pay fair share costs for offsite improvements
determined as follows:
a. Ethanac Road between Case Road and I-215 Freeway. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on Ethanac Road between Case Road and the I-215 Freeway, at a
fair share cost of 9.0% of the total cost of the improvement. The
improvement shall accommodate 6 lanes (3 eastbound lanes, 3
westbound lanes), striped median, shoulders, and left turn pockets at
intersections.
b. McCall Boulevard between Sherman Road and Antelope Road. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on McCall Boulevard between Sherman Road and Antelope Road,
at a fair share cost of 9.3% of the total cost of the improvement. The
improvement shall accommodate 6 lanes (3 eastbound lanes, 3
westbound lanes), raised landscaped median, shoulders, and left turn
pockets at intersections.
c. McCall Boulevard between Antelope Road and Menifee Road. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on McCall Boulevard between Antelope Road and Menifee Road, at
a fair share cost of 9.5% of the total cost of the improvement. The
improvement shall accommodate 6 lanes (3 eastbound lanes, 3
westbound lanes), raised landscaped median, shoulders, and left turn
pockets at intersections.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
54
d. Murrieta Road and Ethanac Road. Improve intersection geometrics at
Murrieta Road and Ethanac Road at a fair share cost of 6.8% of the total
cost of the improvement. The intersection improvements are as follows:
i. Northbound: Construct a single northbound right turn lane.
e. Menifee Road and Pinacate Road (SR-74). The developer/property
owner shall improve intersection geometrics at Menifee Road and
Pinacate Road (SR-74) at a fair share cost of 3.2% of the total cost of the
improvement. The intersection improvements are as follows:
i. Eastbound: Construct a single eastbound right turn lane.
ii. Modify the traffic signal to provide northbound right turn overlap
phasing.
Prior to Issuance of Certificate of Occupancy in Development Phase 3 (Buildout)
105. Encanto Drive Frontage Street Improvements. The developer / property
owner shall construct the required full width street improvements along Encanto
Drive between Rouse Road and south limits of Planning Area 17 at its ultimate
cross-section as a Modified Major Roadway. The required improvements shall
include construction of 4 lanes (2 northbound, 2 southbound), striped median, left
turn pockets, bike lanes, landscaped parkways, and sidewalk. The right-of-way
width for Encanto Drive is 93’ per Approved Tentative Tract Map 37391 roadway
cross sections. The roadway improvements shall include safe roadway
geometrics, transitions, and terminations as approved by the PW Director.
106. Chambers Avenue Frontage Street Improvements. The developer / property
owner shall construct the required half width plus 12’ street improvements along
the north side of Chambers Avenue between Street C/Concord Lane and
Antelope Road at its ultimate cross-section as a Modified Secondary Roadway.
The required improvements shall include construction of 4 lanes (2 eastbound, 2
westbound) to Chatham Road, 3 lanes (2 westbound, 1 eastbound) to Antelope
Road, striped median, left turn pockets, bike lanes, landscaped parkways, and
sidewalk. An 8’ wide community trail shall be constructed on the north side of
Chambers Avenue between Sherman Road and Street C/Concord Lane. The
right-of-way width for Chambers Avenue varies is 104’ per Approved Tentative
Tract Map 37391 roadway cross sections. The roadway improvements shall
include safe roadway geometrics, transitions, and terminations as approved by
the PW Director.
107. Antelope Road Frontage Street Improvements. The developer / property
owner shall construct the required half width street plus 12’ improvements along
the west side of Antelope Road between south limits of Planning Area 11 and
Chambers Avenue at its ultimate cross-section as a Major Roadway. The
required improvements shall include construction of 4 lanes (2 northbound, 2
southbound), raised landscaped median, left turn pockets, bike lanes,
landscaped parkways, sidewalk, and an 8’ wide community trail (west side) along
the project frontage. The right-of-way width for Antelope Road varies from 118’ to
128’ per Approved Tentative Tract Map 37391 roadway cross sections. The
roadway improvements shall include safe roadway geometrics, transitions, and
terminations as approved by the PW Director.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
55
108. Intersection of Antelope Road at Chambers Avenue. The developer/property
owner shall construct the improvements at the Antelope Road and Chambers
Avenue intersection with following geometrics:
Northbound: One left turn lane (minimum 200’ pocket) and one through
lane.
Southbound: One shared through/right turn lane.
Eastbound: One shared left/right turn lane. (Stop Controlled)
Westbound: N/A
109. Intersection of Encanto Drive at McCall Boulevard. The developer/property
owner shall construct the improvements at the Encanto Drive and McCall
Boulevard intersection with following geometrics:
Northbound: One left turn lane (130’ pocket), one through lane, and one
right turn lane (130’ pocket).
Southbound: One left turn lane (75’ pocket), one through lane, and one
right turn lane (minimum 100’ pocket).
Eastbound: Two left turn lanes (Minimum 100’ pocket), two through lanes,
and one right turn lane (minimum 100’ pocket).
Westbound: One left turn lane (150’ pocket), two through lanes, and one
right turn lane.
110. Intersection of Sherman Road at McCall Boulevard. The developer/property
owner shall construct the improvements at the Sherman Road and McCall
Boulevard intersection with following geometrics:
Northbound: One left turn lane (120’ pocket) and one shared through/right
turn.
Southbound: One left turn lane (100’ pocket), one through lane, and one
right turn lane (minimum 100’ pocket).
Eastbound: One left turn lane (140’ pocket), two through lanes, and one
shared through/right turn lane.
Westbound: One left turn lane (115’ pocket), two through lanes, and one
right turn lane.
111. Traffic Signal at Bradley Road at Cherry Hills Boulevard. The
developer/property owner shall install a new traffic signal at Bradley Road and
Cherry Hills Boulevard with the following geometrics:
Northbound: One left turn lane (100’ pocket) and one through lane.
Southbound: One through lane and one right turn lane.
Eastbound: One left turn lane and one right turn lane.
Westbound: N/A.
112. Traffic Signal at Encanto Drive at McLaughlin Road. The developer/property
owner shall install a new traffic signal at Encanto Drive and McLaughlin Road
with the following geometrics:
Northbound: One shared through/right turn lane.
Southbound: One left turn lane and one through lane.
Eastbound: N/A
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
56
Westbound: One shared left/right turn lane.
113. Traffic Signal at Encanto Drive at Shadel Road. The developer/property owner
shall install a new traffic signal at Encanto Drive and Shadel Road with the
following geometrics:
Northbound: One shared through/right turn lane.
Southbound: One left turn lane and one through lane.
Eastbound: N/A
Westbound: One shared left/right turn lane.
Prior to Issuance of Building Permits in Development Phase 2
114. Cost Participation through Payment of Fair Share. Prior to issuance of
building permits for future development of any parcel within TTM 37391, the
developer/property owner shall pay fair share costs for offsite improvements
determined as follows:
a. Encanto Drive between Ethanac Road and McLaughlin Road. The
developer/property owner shall pay fair share to widen the roadway to
four lanes on Encanto Drive between Ethanac Road and the McLaughlin
Road, at a fair share cost of 51.1% of the total cost of the improvement.
The improvement shall accommodate 2 lanes (2 northbound lanes, 2
southbound lanes), striped median, shoulders, and left turn pockets at
intersections.
b. Ethanac Road between Goetz Road and Murrieta Road. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on Ethanac Road between Goetz Road and Murrieta Road, at a fair
share cost of 2.0% of the total cost of the improvement. The improvement
shall accommodate 6 lanes (3 eastbound lanes, 3 westbound lanes),
raised landscaped median, shoulders, and left turn pockets at
intersections.
c. Ethanac Road between Murrieta Road and Barnett Road. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on Ethanac Road between Murrieta Road and Barnett Road, at a
fair share cost of 2.5% of the total cost of the improvement. The
improvement shall accommodate 6 lanes (3 eastbound lanes, 3
westbound lanes), raised landscaped median, shoulders, and left turn
pockets at intersections.
d. Ethanac Road between I-215 Freeway and Encanto Drive. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on Ethanac Road between the I-215 Freeway and Encanto Drive, at
a fair share cost of 6.9% of the total cost of the improvement. The
improvement shall accommodate 6 lanes (3 eastbound lanes, 3
westbound lanes), striped median, shoulders, and left turn pockets at
intersections.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
57
e. Ethanac Road between Encanto Drive and Trumble Road. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on Ethanac Road between Encanto Drive and Trumble Road, at a
fair share cost of 4.1% of the total cost of the improvement. The
improvement shall accommodate 6 lanes (3 eastbound lanes, 3
westbound lanes), raised landscaped median, shoulders, and left turn
pockets at intersections.
f. Ethanac Road between Trumble Road and Sherman Road. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on Ethanac Road between Trumble Road and Sherman Road, at a
fair share cost of 4.4% of the total cost of the improvement. The
improvement shall accommodate 6 lanes (3 eastbound lanes, 3
westbound lanes), raised landscaped median, shoulders, and left turn
pockets at intersections.
g. Ethanac Road between Sherman Road and Antelope Road. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on Ethanac Road between Sherman Road and Antelope Road, at a
fair share cost of 2.0% of the total cost of the improvement. The
improvement shall accommodate 6 lanes (3 eastbound lanes, 3
westbound lanes), raised landscaped median, shoulders, and left turn
pockets at intersections.
h. Rouse Road between Antelope Road (North) and Menifee Road. The
developer/property owner shall pay fair share to widen the roadway to
four lanes on Rouse Road between Antelope Road (North) and Menifee
Road, at a fair share cost of 5.3% of the total cost of the improvement.
The improvement shall accommodate 4 lanes (2 eastbound lanes, 2
westbound lanes), striped median, shoulders, and left turn pockets at
intersections.
i. Menifee Road between SR-74 and Biscayne Avenue. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on Menifee Road between SR-74 and Biscayne Avenue, at a fair
share cost of 3.6% of the total cost of the improvement. The improvement
shall accommodate 6 lanes (3 northbound lanes, 3 southbound lanes),
raised landscaped median, shoulders, and left turn pockets at
intersections.
j. Menifee Road between Biscayne Avenue and Rouse Road. The
developer/property owner shall pay fair share to widen the roadway to six
lanes on Menifee Road between Biscayne Avenue and Rouse Road, at a
fair share cost of 2.3% of the total cost of the improvement. The
improvement shall accommodate 6 lanes (3 northbound lanes, 3
southbound lanes), raised landscaped median, shoulders, and left turn
pockets at intersections.
k. Goetz Road and Ethanac Road. The developer/property owner shall
improve intersection geometrics at Goetz Road and Ethanac Road at a
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
58
fair share cost of 4.0% of the total cost of the improvement. The
intersection improvements are as follows:
i. Southbound: Construct a second southbound left turn lane.
ii. Modify the traffic signal to provide northbound right turn overlap
phasing.
iii. Modify the traffic signal to provide westbound right turn overlap
phasing.
l. Goetz Road and Ethanac Road. Improve intersection geometrics at
Goetz Road and Ethanac Road at a fair share cost of 1.6% of the total
cost of the improvement. The intersection improvements are as follows:
i. Northbound: Construct a second northbound left turn lane.
ii. Eastbound: Construct a third eastbound through lane.
iii. Westbound: Construct a third westbound through lane.
iv. Modify the traffic signal to provide southbound right turn overlap
phasing.
m. Murrieta Road and Ethanac Road. Improve intersection geometrics at
Murrieta Road and Ethanac Road at a fair share cost of 7.1% of the total
cost of the improvement. The intersection improvements are as follows:
i. Eastbound: Construct a single eastbound right turn lane.
ii. Southbound: Construct a single southbound left turn lane and a
through/right turn lane.
n. Murrieta Road and Ethanac Road. Improve intersection geometrics at
Murrieta Road and Ethanac Road at a fair share cost of 2.8% of the total
cost of the improvement. The intersection improvements are as follows:
i. Eastbound: Construct a second eastbound left turn lane and a
third eastbound through lane.
ii. Westbound: Construct a second westbound left turn lane and a
third westbound through lane.
o. Menifee Road and Pinacate Road (SR-74). The developer/property
owner shall improve intersection geometrics at Menifee Road and
Pinacate Road (SR-74) at a fair share cost of 3.6% of the total cost of the
improvement. The intersection improvements are as follows:
i. Westbound: Construct a second westbound right turn lane.
ii. Southbound: Construction a single southbound right run lane.
p. Menifee Road and McCall Boulevard. Improve intersection geometrics
at Menifee Road and McCall Boulevard at a fair share cost of 8.8% of the
total cost of the improvement. The intersection improvements are as
follows:
i. Southbound: Construct a single southbound right turn lane.
q. Murrieta Road and McCall Boulevard. Improve intersection geometrics
at Murrieta Road and McCall Boulevard at a fair share cost of 4.0% of the
total cost of the improvement. The intersection improvements are as
follows:
i. Modify the traffic signal to provide eastbound protected left turn.
ii. Modify the traffic signal to provide westbound protected left turn.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
59
r. Sun City Boulevard and McCall Boulevard. Improve intersection
geometrics at Sun City Boulevard and McCall Boulevard at a fair share
cost of 3.6% of the total cost of the improvement. The intersection
improvements are as follows:
i. Northbound: Construct a single northbound left turn lane.
ii. Southbound: Construct dual southbound left turn lanes.
iii. Westbound: Construct a second westbound left turn lane and a
single westbound right turn lane.
s. Ethanac Road and Barnett Road. Improve intersection geometrics at
Ethanac Road and Barnett Road at a fair share cost of 2.9% of the total
cost of the improvement. The intersection improvements are as follows:
i. Westbound: Construct a third westbound through lane.
t. Ethanac Road and Case Road Improve intersection geometrics at
Ethanac Road and Case Road at a fair share cost of 3.3% of the total
cost of the improvement. The intersection improvements are as follows:
i. Eastbound: Construct a second eastbound left turn lane and a
third eastbound through lane.
ii. Modify the traffic signal to provide southbound right turn overlap
phasing.
iii. Modify the traffic signal to provide westbound right turn overlap
phasing.
u. Bradley Road and McCall Boulevard. Improve intersection geometrics
at Bradley Road and McCall Boulevard at a fair share cost of 4.3% of the
total cost of the improvement. The intersection improvements are as
follows:
i. Northbound: Construct a second northbound left turn lane.
ii. Eastbound: Construct a single eastbound right turn lane.
iii. Modify the traffic signal to provide eastbound right turn overlap
phasing.
v. I-215 Southbound Ramps and Bonnie Drive. Improve intersection
geometrics at I-215 Southbound Ramps and Bonnie Drive at a fair share
cost of 2.5% of the total cost of the improvement. The intersection
improvements are as follows:
i. Northbound: Construct a second northbound left turn lane.
w. Encanto Drive and Ethanac Road. Improve intersection geometrics at
Encanto Drive and Ethanac Road at a fair share cost of 7.5% of the total
cost of the improvement. The intersection improvements are as follows:
i. Northbound: Construct a second northbound left turn lane.
ii. Eastbound: Construct a third eastbound through lane.
iii. Westbound: Construct a third westbound through lane.
iv. Modify the traffic signal to provide northbound right turn overlap
phasing
x. Encanto Drive and McLaughlin Road. Improve intersection geometrics
at Encanto Drive and McLaughlin Road at a fair share cost of 23.4% of
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
60
the total cost of the improvement. The intersection improvements are as
follows:
i. Southbound: Construct a second southbound through lane.
y. Encanto Drive and McCall Boulevard. Improve intersection geometrics
at Encanto Drive and McCall Boulevard at a fair share cost of 10.3% of
the total cost of the improvement. The intersection improvements are as
follows:
i. Southbound: Restripe the southbound left as a southbound
shared left-through lane.
ii. Modify the traffic signal to provide southbound right turn overlap
phasing.
iii. Modify the traffic signal to provide eastbound right turn overlap
phasing.
iv. Modify the traffic signal to provide split phase operations for
northbound and southbound.
z. Trumble Road and SR-74. Improve intersection geometrics at Trumble
Road and SR-74 at a fair share cost of 5.4% of the total cost of the
improvement. The intersection improvements are as follows:
i. Eastbound: Construct a second eastbound left turn lane.
ii. Modify the traffic signal to provide southbound right turn overlap
phasing.
aa. Trumble Road and Ethanac Road. Improve intersection geometrics at
Trumble Road and Ethanac Road at a fair share cost of 6.3% of the total
cost of the improvement. The intersection improvements are as follows
(This condition only applies if the improvement intersection at Encanto
Drive and Ethanac Road is not needed due to the intersection being
closed as part of the development in the City of Perris):
i. Northbound: Construct a single northbound left turn lane.
ii. Southbound: Restripe southbound movements to have a left turn
lane and a shared through/right turn lane.
iii. Eastbound: Construct an eastbound shared through-right turn
lane; and
iv. Westbound: Construct a westbound through-right turn lane.
bb. Sherman Road and SR-74. Improve intersection geometrics at Sherman
Road and SR-74 at a fair share cost of 3.5% of the total cost of the
improvement. The intersection improvements are as follows:
i. Southbound: Construct a single southbound left turn lane.
ii. Eastbound: Construct a third eastbound through lane and a single
eastbound right turn lane.
iii. Westbound: Construct a third westbound through lane and a
second westbound left turn lane.
iv. Modify the traffic signal to provide northbound right turn overlap
phasing.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
61
cc. Sherman Road and Ethanac Road. Improve intersection geometrics at
Sherman Road and Ethanac Road at a fair share cost of 8.6% of the total
cost of the improvement. The intersection improvements are as follows:
i. Northbound: Construct dual northbound left turn lanes and a
single right turn lane.
ii. Southbound: Construct a single southbound left turn lane and a
single southbound right turn lane.
iii. Eastbound: Construct dual eastbound left turn lanes, a third
eastbound through lane, and a single right turn lane.
iv. Westbound: Construct a single westbound left turn lane and a
third westbound through lane.
v. Modify the traffic signal to provide southbound right turn overlap
phasing.
dd. Sherman Road and McLaughlin Road. Improve intersection geometrics
at Sherman Road and McLaughlin Road at a fair share cost of 19.5% of
the total cost of the improvement. The intersection improvements are as
follows:
i. Northbound: Construct a single northbound left turn lane.
ii. Southbound: Construct a single southbound left turn lane.
iii. Eastbound: Construct a single eastbound left turn lane.
iv. Westbound: Construct a single westbound left turn lane.
ee. Sherman Road and Rouse Road. Improve intersection geometrics at
Sherman Road and Rouse Road at a fair share cost of 35.3% of the total
cost of the improvement. The intersection improvements are as follows:
i. Southbound: Construct a second southbound through lane.
ii. Eastbound: Construct a single eastbound right turn lane.
ff. Sherman Road and McCall Boulevard. Improve intersection geometrics
at Sherman Road and McCall Boulevard at a fair share cost of 8.9% of
the total cost of the improvement. The intersection improvements are as
follows:
i. Eastbound: Construct a second eastbound left turn lane.
ii. Westbound: Construct a single westbound right turn lane.
iii. Modify the traffic signal to provide southbound right turn overlap
phasing.
gg. Antelope Road and Ethanac Road. Improve intersection geometrics at
Antelope Road and Ethanac Road at a fair share cost of 2.2% of the total
cost of the improvement. The intersection improvements are as follows:
i. Install a traffic signal.
ii. Northbound: Construct a single northbound left turn lane and a
single northbound through/right turn lane.
iii. Southbound: Construct dual southbound left turn lanes, a second
southbound through lane, and a single southbound right turn lane.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
62
iv. Eastbound: Construct dual eastbound left turn lanes and a
through/right turn lane.
v. Westbound: Construct dual westbound left turn lanes, a third
westbound through lane, and a single westbound right turn lane.
vi. Modify the traffic signal to provide westbound right turn overlap
phasing.
hh. Antelope Road and Rouse Road (North). Improve intersection
geometrics at Antelope Road and Rouse Road (North) at a fair share cost
of 5.2% of the total cost of the improvement. The intersection
improvements are as follows:
i. Northbound: Construct a single northbound left turn lane.
ii. Southbound: Construct a single southbound left turn lane.
iii. Eastbound: Construct a second eastbound through lane.
iv. Westbound: Construct a second westbound through lane.
ii. Antelope Road and Rouse Road (South). Improve intersection
geometrics at Antelope Road and Rouse Road (South) at a fair share
cost of 12.7% of the total cost of the improvement. The intersection
improvements are as follows:
i. Southbound: Construct a single southbound right turn lane.
jj. Antelope Road and McCall Boulevard Improve intersection geometrics
at Antelope Road and McCall Boulevard at a fair share cost of 4.9% of
the total cost of the improvement. The intersection improvements are as
follows:
i. Southbound: Construct a single southbound left turn lane and a
single southbound right turn lane.
kk. Palomar Road and SR-74. Improve intersection geometrics at Palomar
Road and SR-74 at a fair share cost of 2.8% of the total cost of the
improvement. The intersection improvements are as follows:
i. Northbound: Construct a second northbound through lane.
ii. Modify the traffic signal to provide northbound right turn overlap
phasing.
ll. Menifee Road and Pinacate Road (SR-74). Improve intersection
geometrics at Menifee Road and Pinacate Road (SR-74) at a fair share
cost of 1.7% of the total cost of the improvement. The intersection
improvements are as follows:
i. Northbound: Construct a second northbound left turn lane and a
third northbound through lane.
ii. Southbound: Construct a second southbound left turn lane and a
third southbound through lane.
iii. Eastbound: Construct a second eastbound left turn lane.
iv. Modify the traffic signal to provide eastbound right turn overlap
phasing.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
63
mm. Menifee Road and Rouse Road/Turtle Point Drive. Improve
intersection geometrics at Menifee Road and Rouse Road/Turtle Point
Drive at a fair share cost of 2.5% of the total cost of the improvement. The
intersection improvements are as follows:
i. Northbound: Construct a second northbound left turn lane and a
third northbound through lane.
ii. Southbound: Construct a third southbound through lane
iii. Eastbound: Construct a single eastbound left turn lane and a
single eastbound right turn lane.
iv. Modify the traffic signal to provide eastbound right turn overlap
phasing.
nn. Menifee Road and McCall Boulevard. Improve intersection geometrics
at Menifee Road and McCall Boulevard at a fair share cost of 3.0% of the
total cost of the improvement. The intersection improvements are as
follows:
i. Northbound: Construct a single northbound right turn lane.
ii. Southbound: Construct a second southbound left turn lane and a
third southbound through lane.
iii. Westbound: Construct a second westbound right turn lane and a
third westbound through lane.
iv. Modify the traffic signal to provide northbound right turn overlap
phasing.
v. Modify the traffic signal to provide southbound right turn overlap
phasing.
vi. Modify the traffic signal to provide westbound right turn overlap
phasing.
E. STREET STANDARDS AND DEDICATIONS
General Conditions
115. Comply with City Ordinances, Standards and Policies - Street improvements
shall conform to all applicable City Design Standards and Specifications, the City
General Plan, City Ordinances, and all other relevant laws, rules and regulations
governing street construction in the City.
116. Soils and Pavement Report – Street pavement structural designs shall comply
with the recommendations in the City approved Project geotechnical/soils and
pavement investigation report, and must meet City standards and specifications,
as approved by the PW Director.
117. Street Improvement Plan Profile - Improvement plans shall be prepared based
upon a design profile extending a minimum of 300 feet beyond project
boundaries at grade and alignment approved by PW Engineering Department.
118. Streetlight Plan – Street light construction plans shall be prepared as separate
plans or combined with the public street improvement plans as approved by the
PW Director/City Engineer.
119. Streetlight Design as LS-3 Rate Lights – All streetlights, other than traffic
signal safety lights, shall be designed as LS-3 rate lights in accordance with
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
64
approved City standards and specifications, and as determined by the PW
Director/City Engineer.
120. Public Streetlights Service Points – All proposed public streetlights shall be
provided with necessary appurtenances and service points for power, separate
from privately owned streetlights. The developer/property owner shall coordinate
with the PW Department and with Southern California Edison the assignment of
addresses to streetlight service points. Service points for proposed public
streetlights shall become public and shall be located within public right of way or
within duly dedicated public easements.
121. Street Name Sign - The developer/property owner shall install street name
sign(s) in accordance with applicable City Standards or as directed by the PW
Engineering Department.
122. Street Improvements/Widening – Unless specifically condition herein, required
street widening for existing roads fronting the project shall extend to the
centerline of the road plus 12 feet beyond centerline. Meeting existing asphalt is
not acceptable unless the developer/property owner can provide proof that
existing road meets City standards for its classification at the time of
construction. Final determination shall be by the Public Works Director/City
Engineer.
Prior To Final Map Recordation
123. Acceptance of Public Roadway Dedication and Improvements – Onsite
easements and right-of way for public roadways shall be granted to the City of
Menifee through the final map, or other acceptable recordable instrument.
124. Encanto Drive Dedication – Encanto Drive is designated as a Major Road, and
a Class II Bike Lane on the City General Plan. Existing development constraint
and Right of Way for of Encanto north and south of the project require a modified
section for Encanto. The developer/property owner shall dedicate the necessary
ROW for a modified Major/Class II Bike Lane designation for Encanto with a total
ROW width of 93 feet. The cross section shall include the necessary full
improvements for this segment of Encanto as detailed in the “Traffic Engineering
and Street Improvements” conditions.
125. Antelope Road Dedication– Antelope Road is designated a Major Road, and
NEV/Class II Bike Lane on the City General Plan with an ultimate ROW of 118-
128 feet with four travel lanes. The developer/property owner shall dedicate the
necessary ROW for Antelope Road to allow for the construction of the necessary
street improvements for the segments of Antelope as detailed in the “Traffic
Engineering and Street Improvements” conditions of approval.
126. Rouse Road Dedication – Rouse Road is designated as a Secondary
Roadway, and NEV/Class II Bike Lane on the City General Plan with an ultimate
ROW of 107-111 feet with four travel lanes, and a painted median. The
developer/property owner shall dedicate the necessary ROW for Rouse Road to
allow for the construction of the necessary street improvements for the segments
of Rouse Road as detailed in the “Traffic Engineering and Street Improvements”
conditions of approval.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
65
127. Rouse Road Connection to Antelope Road – The City General Plan
designated Rouse Road to connect in the easterly direction to Antelope Road.
The point of connection is outside the boundaries of the Project, and lies within
the boundaries of the adjacent Underwood Tract 29835 on the eastern limits of
the Project. To meet City General Plan designation, the developer/property
owner shall coordinate with the property owner of Tract 29835 to complete the
connection of Rouse and Antelope Roads. Any necessary easements or ROW
for the connection shall be secured prior to final map recordation. The actual
construction of the street connection shall be completed as part of Infrastructure
Phase 3 of TTM37391 development.
128. Chambers Avenue Dedication, from Encanto Road to Sherman Road – This
segment of Chambers Avenue is designated as a Secondary Roadway, and
Class II Bike Lane on the City General Plan with an ultimate ROW of 98-106 feet
with four travel lanes, and painted median. The developer/property owner shall
dedicate the necessary ROW for Chambers Avenue to allow for the construction
of the necessary street improvements for the segments of Chambers Avenue as
detailed in the “Traffic Engineering and Street Improvements” conditions of
approval.
129. Chambers Avenue Dedication, from Sherman to Antelope Road – This
segment of Chambers Avenue is designated as a Secondary Roadway, and
NEV/Class II Bike Lane on the City General Plan with an ultimate ROW of 98-
106 feet with four travel lanes, and painted median. The developer/property
owner shall dedicate the necessary ROW for Chambers Avenue to allow for the
construction of the necessary street improvements for the segments of
Chambers Avenue as detailed in the “Traffic Engineering and Street
Improvements” conditions of approval.
130. Sherman Road Dedication, from Chambers Ave to Rouse Rd – Sherman
Road is designated as a Major Roadway, and a Community Off-Road NEV/Bike
Trail (Class I) on the City General Plan with an ultimate ROW of 122 feet with
four travel lanes, and center raised landscaped median. The developer/property
owner shall dedicate the necessary ROW for Sherman Road to allow for the
construction of the necessary street improvements for Sherman Road as detailed
in the “Traffic Engineering and Street Improvements” conditions of approval.
131. Class I NEV/Bike Lane Freeway 2015 Over-Crossing – The
developer/property owner shall dedicate the necessary Right of Way to
accommodate the easterly landing/footing along Rouse Road for the future City
Class I NEV/Bike Lane Freeway 215 Over-Crossing bridge project.
Prior To Issuance Of Construction Permit/Encroachment Permit
132. Improvement Bonds – Prior to issuance of any construction permit for all
required onsite and offsite public improvements, the developer/project owner
shall enter into a bond agreement and post acceptable bonds or security, to
guarantee the completion of all required improvements. The bonds shall be in
accordance with all applicable City ordinances, resolutions and municipal codes
(See also bond agreement condition under General Conditions).
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
66
133. Encroachment Permits – The developer/property owner shall obtain all required
encroachment permits and clearances prior to start of any work within City, State,
or local agency right-of-way.
Prior To Issuance Of Certificate Of Occupancy:
134. 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.
135. Completion of Public Improvements – Prior to issuance of a Certificate of
Occupancy in any Development or Map phase, and unless required different
elsewhere in these conditions of approval, the following street components within
applicable Development or Map phase shall be completed:
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.
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.
Water system, including fire hydrants, shall be installed and operational,
according to the improvement plans and as noted elsewhere in these
conditions. All water valves shall be raised to pavement finished grade.
Written confirmation of acceptance from water purveyor is required.
Sewer system shall be installed and operational, according to the
improvement plans and as noted elsewhere in these conditions. All sewer
manholes shall be raised to pavement finished grade. Written confirmation
of acceptance from sewer purveyor is required.
Landscaping and irrigation, water and electrical systems shall be installed
and operational in accordance with City Ordinances, standards and
policies.
F. WATER, SEWER AND RECYCLED WATER:
Prior to Final Map Recordation
136. Wet Utility Improvements. All public potable water, sewer and recycled water
improvements to serve this development shall be designed per the Eastern
Municipal Water District (EMWD) standards and specifications and applicable
City ordinances and standards. The final design including pipe sizes and
alignments shall be subject to the approval of EMWD and the City of Menifee.
137. Wet 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.
138. City Approval of Water, Sewer and Recycled Water – All public water, sewer
and recycled water plan approvals are required prior to a final map recordation,
unless the PW Director/City Engineer allows approval of plans to occur at
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
67
different final development stage. The developer shall be responsible for
ensuring plans are submitted to both agencies for review and approval. The City
of Menifee shall not approve any utility plans unless reviewed by the City and
appropriate plan check fees are paid.
G. NPDES and WQMP
General Conditions
139. Stormwater/Urban Runoff Management Program, MMC Chapter 15.01. The
project shall comply with the City of Menifee Municipal Code Chapter 15.01 for
Stormwater/Urban Runoff Management Program. 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.
140. Water Quality Management Plan (WQMP). In compliance with Santa Ana
Region Regional Water Quality Control Board Orders, and beginning January 1,
2005, projects determined as priority development projects seeking discretionary
approval by the governing body, will be required to comply with the Water Quality
Management Plan requirement for Urban Runoff (WQMP). The WQMP
addresses post-development water quality impacts from new development and
redevelopment projects. This project is within the Santa Ana River (SAR)
watershed, therefore the WQMP requirements for the SAR will apply. The
Regional Board approved WQMP guidelines and templates to assist the
developer in preparing the necessary WQMP are available on-line at
http://rcflood.org/npdes/ under Watershed Protection web page. To comply with
the requirement for a WQMP, the developer must submit a "Project Specific"
WQMP in compliance with the latest WQMP guidelines approved by the Regional
Board
141. Preliminary Project Specific Water Quality Management Plan (Prelim
WQMP) – A Preliminary Project Specific WQMP prepared by K&A Engineering,
Inc., dated April 2019 (revised July 2019), has been reviewed and approved for
this development following the latest WQMP Guidance Document issued by the
Regional Water Quality Control Board for new developments. The Prelim WQMP
addresses treatment of flows from the developed project condition by directing
the flows to three proposed Water Quality Basins for treatment prior to discharge.
Prior to basin treatment, the development will incorporate additional Low Impact
Development (LID) techniques such as treatment trains of BMPs that will provide
pre-treatment prior to flows being directed to the major WQ basins.
The developed site is divided into six Drainage Management Areas (DMA) with
four DMAs having boundaries mimicking those of the developed Drainage Areas
described in the “Drainage” section of these conditions of approval. Each DMA is
tributary to a treatment BMP, such as the WQ Basins for treatment. The DMAs
are described below:
DMA A – area tributary to WQ/Detention Basin A1. Includes approximately 64.9
acres of onsite development within Lots 12, 15, 16, and portions of Lots 11
and 14.
DMA B1 – area tributary to WQ/Detention Basin B1. Includes approximately 93
acres of onsite development within Lots 9, 10, 13, and portions of Lots 11
and 14.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
68
DMA B2 – area tributary to WQ/Detention Basin B2. Includes approximately
109.3 acres of onsite development within Lots 1, 2, 3, 4, 5, and 6.
DMA B2b – this covers the future Community Park (Lot 8). Development of the
park will incorporate its own water quality basin, WQ Basin B2, to treat
flows from the developed park.
DMA C1 – this covers the new impervious areas from Encanto and Rouse
street improvements fronting PA 19 and the existing mortuary. Drainage
area is approximately 3.9 acres, and flows are treated by additional BMPs
prior to discharge.
DMA D1 – this covers the new impervious areas from Encanto and Chambers
street improvements fronting Lots 7 and 18 (Commercial parcels). Drainage
area is approximately 10.6 acres, and flows are treated by additional BMPs
prior to discharge
Drainage flows within each DMA are further treated with several treatment
trains of other Low Impact Development (LID) features prior to discharge to the
main WQ Basins for final treatment.
142. Project Specific WQMP for Lots 7and 18 (Commercial parcels) – The Project
specific WQMP for TTM37391 did not include treatment of future flows from the
development of Lots 7 and 18 (Commercial parcels). Therefore, prior to approval
of any proposed development of these two lots, the developer/property owner
responsible for the future development of Lots 7 and 18 shall submit a Project
specific WQMP for review and approval by the PW Engineering Department.
Prior To Issuance Of Grading Permits
143. Final Project Specific Water Quality Management Plan (Final WQMP) – Prior
to issuance of a grading permit, a FINAL project specific WQMP in substantial
conformance with the approved PRELIMINARY WQMP, shall be reviewed and
approved by the Public Works Engineering Department. Final construction plans
shall incorporate all of the structural BMPs identified in the approved FINAL
WQMP. The final developed project shall implement all structural and non-
structural BMPs specified in the approved FINAL WQMP. One copy of the
approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the
Public Works Engineering Department. The FINAL WQMP submittal shall include
at the minimum the following reports/studies:
(a) Approved Final Hydrology/hydraulics report
(b) Approved Geotechnical/Soils Report that includes soil infiltration tests for
areas where BMPs are proposed
(c) Phase II Environmental Site Assessment Report, as maybe required by
the approved Phase I ESA
144. Revising the FINAL WQMP – In the event the Final WQMP design requires
revisions that substantially deviate from the approved Prelim WQMP, a revised or
new WQMP shall be submitted for review and approval by the PW Engineering
Department. The cost of reviewing the revised/new WQMP shall be charged to
the developer/property owner, and rates in accordance with City adopted Service
Fee Rates and Schedule shall apply.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
69
145. Establish Maintenance Entity for WQMP BMPS. This project proposes BMP
facilities that will require maintenance by a public agency or property owner’s or
homeowner's association. To ensure that the public is not unduly burdened with
future costs, prior to approval of the final WQMP, the PW Engineering
Department will require an acceptable financial mechanism be implemented to
provide for maintenance of all proposed BMPs in perpetuity. This may consist of
a mechanism to assess individual benefiting property owners, or other means
approved by the City. All proposed structural BMPs must be shown on the
project's improvement plans - either the street plans, grading plans, or
landscaping plans as determined by the PW Director
146. WQMP Right of Entry and Maintenance Agreement – Prior to, or concurrent
with the approval of the FINAL WQMP, the developer/property owner shall 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, and to include provisions for entry by the City to
perform necessary BMP maintenance in the event property owners are unable to
implement the requirements of the FINAL WQMP.
147. BMP Maintenance & Inspection - Future development of any parcel within this
TTM shall include establishment of Homeowners Association (HOA) and CC&Rs
that contain inspection provisions for all privately owned treatment control BMPs,
and if required, cleaned no later than any major rain event. Future developemnt’s
CC&R's shall identify the entity that will inspect and maintain all privately owned
structural BMP's within the project boundaries. CC&R's shall be reviewed and
approved by the PW Engineering Department.
148. Trash Enclosures Standards and Specifications – Storm runoff resulting in
direct contact with trash enclosure, or wastewater runoff from trash enclosure are
prohibited from running off a site onto the City MS4 without proper treatment.
Trash enclosures in new developments and redevelopment projects shall meet
new storm water quality standards including:
a) Provision of a solid impermeable roof with a minimum clearance height to
allow the bin lid to completely open.
b) Constructed of reinforced masonry without wooden gates. Walls shall be
at least 6 feet high.
c) Provision of concrete slab floor, graded to collect any spill within the
enclosure.
d) All trash bins in the trash enclosure shall be leak proof with lids that are
continuously kept closed.
e) The enclosure area shall be protected from receiving direct rainfall or run-
on from collateral surfaces.
Any standing liquids within the trash enclosures without floor drain must be
cleaned up and disposed of properly using a mop and a bucket or a wet/dry
vacuum machine. All non-hazardous liquids without solid trash may be put in the
sanitary sewer as an option, in accordance with Eastern Municipal Water District
(EMWD) criteria.
An alternate floor drain from the interior of the enclosure that discharges to the
sanitary sewer may be constructed only after obtaining approval from EMWD.
This option requires the following:
a) The trash enclosure shall be lockable and locked when not in use with a
2-inch or larger brass resettable combination lock. Only employees and
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
70
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.
149. Inspection of BMP Installation - All structural BMPs included in the approved
FINAL WQMP shall be inspected for completion of installation in accordance with
approved plans and specifications, and the FINAL WQMP. The PW Stormwater
Inspection team shall verify that all proposed structural BMPs are in working
conditions, and that a hard copy and/or digital copy of the approved FINAL
WQMP are available at the site for use and reference by future
owners/occupants. The inspection shall ensure that the FINAL WQMP at the site
includes the BMP Operation and Maintenance Plan, and shall include the site
in a City maintained database for future periodic inspection.
150. 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_imple
mentation.shtml), or otherwise approved by State or Regional Water Quality
Control Board staff. Storm water runoff from privately owned Priority Land Use
areas shall be treated by full capture devices located within privately owned
storm drain structures or otherwise located on the privately owned property,
whenever possible. Runoff from Priority Land Use areas created or modified by
the project, and which are proposed to be City owned, shall be treated by full
capture devices located within city-owned storm drains or otherwise located
within the public right of way.
Prior To Issuance Of Certificate Of Occupancy
151. WQ Basin A1, located in Lot 12, PA 21 – Prior to the issuance of the first
Certificate of Occupancy within DMA 1, WQ Basin A1 shall be complete and
operational.
152. WQ Basin B1, located in Lot 9, PA 22 – Prior to the issuance of the first
Certificate of Occupancy within DMA B1, WQ Basin B1 shall be complete and
operational.
153. WQ Basin B2, located in Lot 1, PA 19 – Prior to the issuance of the first
Certificate of Occupancy within DMA B2, WQ Basin B2 shall be complete and
operational.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
71
154. WQ Basin B2b, located in Lot8, PA 18 – Prior to the issuance of the Certificate
of Occupancy within DMA B2b (Lot 8) or acceptance of the future Community
Park, WQ Basin B2b shall be complete and operational.
155. WQMP/BMP Education – Prior to issuance of Certificate of Occupancy within
each DMA Area, the developer/property owner shall provide the City proof of
notification to future occupants of all non-structural Best Management Practices
(BMPs) and educational and training requirements for said BMPs as directed in
the approved Final WQMP. Proof of notification shall be provided to the PW
Engineering Department in forms determined acceptable by the PW Director/City
Engineer. Public Educational Program materials may be obtained from the
Riverside County Flood Control and Water Conservation District's (District)
NPDES Section through their website at www.rcwatershed.org.
H. WASTE MANAGEMENT
General Conditions
156. AB 341. AB 341 focuses on increased commercial waste recycling as a method
to reduce greenhouse gas (GHG) emissions. The regulation requires businesses
and organizations that generate four or more cubic yards of waste per week and
multifamily units of 5 or more, to recycle. A business shall take at least one of the
following actions in order to reuse, recycle, compost, or otherwise divert
commercial solid waste from disposal:
a) Source separate recyclable and/or compostable material from solid waste
and donate or self-haul the material to recycling facilities.
b) Subscribe to a recycling service with their waste hauler.
c) Provide recycling service to their tenants (if commercial or multi-family
complex).
d) Demonstrate compliance with the requirements of California Code of
Regulations Title 14.
For more information please visit:
www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#mandat
ory
157. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate
eight (8) cubic yards or more of organic waste per week to arrange for organic
waste recycling services. The threshold amount of organic waste generated
requiring compliance by businesses is reduced in subsequent years. Businesses
subject to AB 1826 shall take at least one of the following actions in order to
divert organic waste from disposal:
a) Source separate organic material from all other recyclables and donate or
self-haul to a permitted organic waste processing facility.
b) Enter into a contract or work agreement with gardening or landscaping
service provider or refuse hauler to ensure the waste generated from
those services meet the requirements of AB 1826.
c) Consider xeriscaping and using drought tolerant/low maintenance
vegetation in all landscaped areas of the project.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
72
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 Issuance of Building Permits
158. Recyclables Collection and Loading Area Plot Plan - Prior to the issuance of
a building permit for each building, the applicant shall submit three (3) copies of a
Recyclables Collection and Loading Area plot plan to the City of Menifee
Engineering/Public Works Department for review and approval. The plot plan
shall show the location of and access to the collection area for recyclable
materials, along with its dimensions and construction detail, including
elevation/façade, construction materials and signage. The plot plan shall clearly
indicate how the trash and recycling enclosures shall be accessed by the hauler.
159. Waste Recycling Plan -Prior to the issuance of a building permit for each
building, a Waste Recycling Plan (WRP) shall be submitted to the City of Menifee
Engineering/Public Works Department approval. Completion of Form C, “Waste
Reporting Form” of the Construction and Demolition Waste Diversion Program
maybe sufficient proof of WRP compliance, as determined by the PW
Director/City Engineer. At a minimum, the WRP must identify the materials (i.e.,
concrete, asphalt, wood, etc.) that will be generated by construction and
development, the projected amounts, the measures/methods that will be taken to
recycle, reuse, and/or reduce the amount of materials, the facilities and/or
haulers that will be utilized, and the targeted recycling or reduction rate. During
project construction, the project site shall have, at a minimum, two (2) bins; one
for waste disposal and the other for the recycling of Construction and Demolition
(C&D) materials. Additional bins are encouraged to be used for further source
separation of C&D recyclable materials. Accurate record keeping (receipts) for
recycling of C&D recyclable materials and solid waste disposal must be kept.
Arrangements can be made through the franchise hauler.
Prior to Issuance of Certificate of Occupancy
160. Waste Management Clearance. Prior to issuance of an occupancy permit for
each building, evidence (i.e., receipts or other type of verification) shall be
submitted to demonstrate project compliance with the approved WRP to the
Engineering and Public Works Department in order to clear the project for
occupancy permits. Receipts must clearly identify the amount of waste disposed
and Construction and Demolition (C&D) materials recycled.
I. CONDITIONS, COVENANTS & RESTRICTIONS (CC&Rs)
161. Common Area Maintenance. Any common areas identified in the Tentative
Tract Map, or in future maps developing any parcels within the Tentative Tract
Map shall be owned and maintained as follows:
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
73
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 (City CFD, or
another agency) 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. If
the organization is a private association, then neighborhood
associations shall be established for each residential development,
where required, and such associations may assume ownership and
maintenance responsibility for neighborhood common areas.
b) 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.
c) The maintenance organization shall be established prior to or concurrent
with the recordation of the first land division.
162. Conditions, Covenants and Restrictions (Public Common Areas). If the
permanent master maintenance organization referenced in the condition entitled
"Common Area Maintenance" is a public organization, the applicant shall convey
to the public organization (anticipated to be CFD) dedication or necessary
easements for all designated publicly maintained open space areas, free and
clear of all liens, taxes, assessments, leases (recorded or unrecorded) and
easements (except those easements which in the sole discretion of the public
organization are acceptable) in order to access and perform needed
maintenance. At the time of each Development Construction Phase, as defined
in these conditions of approval, the developer/property owner shall submit to the
PW Engineering Department for review and approval proposed common areas
and responsible maintenance entity. As a condition precedent to the City
accepting easements or dedications to such areas, the developer / property
owner shall submit the CC&Rs and supporting documents along with the current
fee to the Public Works / Engineering Department for review and approval.
163. Conditions, Covenants and Restrictions (Private Common Areas). In the
event that the Community Facilities District will not maintain all common areas,
the establishment of a property owner or homeowner association (POA or HOA)
shall be the mechanism to maintain such common areas.
164. CC&R Content, Submittal Process and Timing. Prior to recordation of
subsequent final maps developing any parcel within TTM 37391, the
developer/property owner shall submit to the Public Works / Engineering
Department for review and approval CC&R documents consisting of the
following:
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
74
a) One hard copy and an electronic version of the CC&R’s. A completed
application form to review the CC&Rs, available at the PW Engineering front
counter. There is a fee associated with the application and required backup
documents to review. The declaration of CC&R’s shall:
i. provide for the establishment of a property owner's or home owner’s
association comprised of the owners of each individual lot or unit as
tenants in common,
ii. provide for the ownership of the common area by either the property or
home owner's association or a permanent public master maintenance
organization,
iii. contain provisions approved by the Public Works/ Engineering
Department, Community Development Department and the City Attorney
iv. Contain provisions with regards to the implementation of post
development Water Quality Best Management Practices identified in the
project’s approved WQMP.
v. Contain provisions notifying initial residents, occupants, or tenants of the
project of their receipt of educational materials on good housekeeping
practices which contribute to the protection of storm water quality. These
educational materials shall be distributed by the properties owners'
association and/or the developer.
vi. Contain provisions for allowing the City a Right of Entry to maintain BMPS
that are otherwise not maintained by responsible property owners. If a
separate Right of Entry Agreement has been executed, this provision is
not necessary to be in the CC&Rs.
b) As part of the CC&R document submittal, exhibit(s) identifying the areas or
improvements that will be maintained by the HOA, the CFD or other entities
shall be provided. The exhibit shall be reviewed and approved by the City.
c) Once approved, the developer / property owner shall provide a hard copy of
the CC&R’s wet-signed and notarized to the Public Works / Engineering
Department. The Public Works / Engineering Department shall record the
original declaration of CC&R’s prior to or concurrent with the recordation of
the final map.
d) A deposit to pay for the review of the CC&Rs pursuant to the City’s current
fee schedule at the time the above-referenced documents are submitted to
the Public Works / Engineering Department.
J. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD)
Prior To Final Map Recordation
165. Annexation to a Citywide Community Facilities District (CFD) - Prior to, or
concurrent with the recordation of the final map for a Development Phase, the
developer/property owner shall complete the annexation of the proposed
development, into the boundaries of a City of Menifee Community Facilities
Maintenance District (Services) such as CFD 2017-1, or other CFDs approved by
the City Engineer. The PW Director/City Engineer shall determine the appropriate
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
75
maintenance CFD the Project will be annexed into. The citywide CFD shall be
responsible for: The maintenance of public improvements or facilities that benefit
this development, including but not limited to, water quality basins, public
landscaping, streetlights, traffic signals, streets, street sweeping, pavement
maintenance, drainage facilities, water quality basins, graffiti abatement, public
parks and other public improvements or facilities as approved by the Public
Works Director. The developer/property owner shall be responsible for all cost
associated with the annexation of a proposed development in the citywide CFD.
166. CFD Annexation Agreement - In the event timing for a Development Phase
prevents the developer/property owner from complying with condition of approval
for CFD annexation, the developer shall enter into a CFD annexation agreement
to allow the annexation to complete after the recordation of a final map but prior
to issuance of a Certificate of Occupancy in any subsequent Development
Phase. 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 final map recordation or building permit issuance.
167. Landscape Improvement Plans for Citywide Community Facilities District
(CFD) Maintenance. Landscape improvements within public ROW and/or areas
dedicated to the City for the citywide CFD to maintain shall comply with City
landscape design guidelines and standards. Plans shall be prepared on a
separate City CFD plans for review and approval by the PW Engineering
Department, and the Community Services Department (for the proposed
Community Park). The plans may be prepared for each map phase or
Development Phase or as one plan for the entire development as determined by
the PW Director. When necessary as determined by the PW Director, a separate
WQMP construction plan on City title block maybe required for review and
approval by the PW Engineering Department prior to issuance of a grading
permit.
168. CFD Landscape Guidelines and Improvement Plans – All landscape
improvements for maintenance by the CFD shall be designed and installed in
accordance with City CFD Landscape Guidelines, and shall be drawn on a
separate improvement plan on City title block. The landscape improvement plans
shall be reviewed and approved by the PW Engineering Department prior to
issuance of a construction permit.
169. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant
facilities to be maintained by a citywide CFD shall be built to City standards. The
developer shall be responsible for ensuring that landscaping areas to be
maintained by the CFD have its own controller and meter system, separate from
any private controller/meter system.
170. CFD Easements, Dedication – The developer/property owner shall dedicate the
necessary easements and/or Right of Ways for any landscaping areas that are
requested and accepted by the City to be maintained by a citywide maintenance
CFD.
K. FEES, DEPOSITS, DEVELOPMENT IMPACT FEES AND TUMF
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
76
171. Fees, Deposits and Impact Fees – Prior to final map recordation, approval of
grading plans, improvement plans, issuance of building permits, and/or issuance
of certificate of occupancy, the developer/property owner shall pay all
Development Impact Fees, Service Fees and Deposits applicable to this
development including TUMF and RBBD fees as applicable. Said Fees, Deposits
and Impact Fees shall be collected at the rate in effect at the time of collection as
specified in current City resolutions and ordinances.
172. DIF Credits – The developer/property owner may apply for DIF credits for
construction of facilities that qualify as City master plan DIF facilities. To obtain
credits, the developer/property owner shall enter into DIF Credit and
Reimbursement Agreement with the City prior to the issuance of a Building
Permit.
173. TUMF Credit & Reimbursement Agreement – The developer/property owner
may enter into a TUMF Credit & Reimbursement Agreement for construction of
eligible TUMF facilities. The agreement shall be a three party agreement among
the developer/property owner, the City, and Western Riverside Council of
Governments (WRCOG), and shall be fully executed prior to issuance of a
building permit for which credit is claimed.
174. TUMF Payment – The developer/property owner shall pay TUMF directly to
Western Riverside Council of Governments (WRCOG). The PW Engineering
Department can provide contact information and directions for processing
payments with WRCOG. Please contact the PW Engineering Department for
details.
175. Applicable ADP Fees – Master Plan Area Drainage Plan Fees, if applicable, are
paid directly to the Riverside County Flood Control District. If development is
subject to these fees, proof of payment shall be submitted to the PW Engineering
Section IV:
Building and Safety Department
Conditions of Approval
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
77
General Requirements
No building permits shall be issued pursuant to this subdivision. Subsequent
entitlements, including but not limited to, additional subdivisions, plot plans, conditional
use permits and public use permits are required for development of the parcels pursuant
to the DEVELOPMENT AGREEMENT, SPECIFIC PLAN, AND EIR/MMRP.
1. Final Building & Safety Conditions. Final Building & Safety Conditions will be
addressed when building construction plans are submitted to Building &
Safety for review. These conditions will be based on occupancy, use, the
California Building Code (CBC), and related codes which are enforced at the
time of building plan submittal.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
78
2. Compliance with Code. All Design components shall comply with applicable
provisions of the current edition of the California Building, Plumbing and
Mechanical Codes; current California Electrical Code; California
Administrative Code, current California Energy Codes, current California
Green Building Standards, California Title 24 Disabled Access Regulations,
and City of Menifee Municipal Code.
3. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at the
time of plan review, a complete exterior site lighting plan with a “photometric
study” showing compliance with County of Riverside Mount Palomar
Ordinance Number 655 for the regulation of light pollution. All streetlights and
other outdoor lighting shall be shown on electrical plans submitted to the
Building & Safety Department. Any outside lighting shall be hooded and
aimed not to shine directly upon adjoining property or public rights-of-way. All
exterior LED light fixtures shall be 3,000 kelvin and below.
4. Street Name Addressing. Applicant must obtain street name addressing for all
proposed buildings by requesting street name addressing and submitting a
site plan for commercial, residential/tract, or multi-family residential projects.
5. Obtain Approvals Prior to Construction. Applicant must obtain all building
plans and permit approvals prior to commencement of any construction work.
6. Obtaining Separate Approvals and Permits. Trash Enclosures, patio covers,
light standards, and any block walls will require separate approvals and
permits. Solid covers are required over new and existing trash enclosures.
7. Demolition. Demolition permits require separate approvals and permits.
AQMD notification and approval may be required.
8. Sewer and Water Plan Approvals. On-site sewer and water plans will require
separate approvals and permits. A total of 6 sets shall be submitted.
9. Hours of Construction. Signage shall be prominently posted at the entrance of
the project indicating the hours or construction, as allowed by the City of
Menifee Municipal Ordinance 8.01.010, for any site within one-quarter mile of
an occupied residence. The permitted hours of construction are Monday
through Saturday 6:30am to 7:00pm. No work is permitted on Sundays and
nationally recognized holidays unless approval is obtained from the City
Building Official or City Engineer.
10. House Electrical Meter. Provide a house electrical meter to provide power for
the operation of exterior lighting, irrigation pedestals and fire alarm systems
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
79
for each building on the site. Developments with single user buildings shall
clearly show on the plans how the operation of exterior lighting and fire alarm
systems when a house meter is not specifically proposed.
11. Roof Drains. Drainage water collected from a roof, awning, canopy or
marquee, and condensate from mechanical equipment shall not flow over a
public walking surface.
12. Protection of drains and penetration. Protection of joints and penetrations in
fire resistance-rated assemblies shall not be concealed from view until
inspected for all designed fire protection. Required fire seals/fire barriers in
fire assemblies at fire resistant penetrations shall be installed by individuals
with classification or certification covering the installation of these systems.
Provide certification for the installation of each area and certification of
compliance for Building Officials/Fire Marshal’s approval.
At Plan Review Submittal
13. Submitting Plans and Calculations. Applicant must submit to Building &
Safety seven (7) complete sets of plans and two (2) sets of supporting
documents, two (2) sets of calculations for review and approval including:
a. An electrical plan including load calculations and panel schedule,
plumbing schematic, and mechanical plan applicable to scope of work.
b. A Sound Transmission Control Study in accordance with the provisions
of the Section 1207, of the 2016 edition of the California Building Code.
c. A precise grading plan to verify accessibility for persons with
disabilities.
d. Truss calculations that have been stamped by the engineer of record
of the building and the truss manufacturer engineer. Maybe a deferred
submittal.
e. Eastern Municipal Water District (EMWD) First Release Required.
Prior to Issuance of Building Permits
14. Plans require Stamp of Registered Professional. Applicant shall provide
appropriate stamp of a registered professional with original signature on the
plans. Electronic Signature is acceptable. All associated Building Fees to be
paid.
15. Each Department is required to Approve, with a signature.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
80
16. Pre-Construction Meeting. A pre-construction meeting is required with the
building inspector prior to the start of the building construction.
Prior to Temporary Certificate of Occupancy
17. Temporary Certificate of Occupancy. Application and deposit to be submitted,
a minimum of 5 working days prior to effective date. Each department is
required to provide an Exhibit’ clearly identifying those Conditions of Approval
that remain outstanding with a signature.
Section V:
Riverside County Fire Department
Conditions of Approval
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
81
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
82
General Conditions
1. City Case Statement. With respect to the conditions of approval for the
referenced project, the Fire Dept. recommends the following fire protection
measures be provided in accordance with Riverside County Ordinances and / or
recognized fire protection standards.
2. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted
on private streets, public streets and driveways to indicate location of fire
hydrants, prior to installation, placement of markers must be approved by the
Riverside County Fire Dept.
3. Hydrant/Spacing. Schedule A fire protection approved standard fire hydrants,
(6”x 4”x 2 ½”) locate one at each street intersection and space no more than 330
feet apart in any direction.
4. Potential Fire Flow. The water system shall be capable of providing a fire flow
of 1,000 GPM for 2 hours duration at a minimum of 20 PSI operating pressure
from each fire hydrant. This amount shall be in addition to the average day
demand as defined in the California Administrative Code, Title 22 Chapter 16
(California Waterworks Standards).
Prior to Final Map Recordation
5. 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 local water company, the originals shall be presented
to the Fire Department for signature.
6. Prior to Combustibles. The following note to be added to the ECS map: 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.
7. 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.
8. Fire Access Roadway. Fire Department emergency vehicular access road shall
be (all weather surface) capable of sustaining an imposed load of 75,000lbs
GVW, based on the street standards approved by the City of Menifee Public
Works and the Office of the Fire Marshal.
Prior to Issuance of Building Permit
9. 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
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
83
placed on an individual lot. Contact the Riverside County Fire Department to
inspect the required fire flow, street signs, all weather surface and all access
primary and/or secondary. Approved water plans must be on the job site.
10. Hydrant System. Prior to the release of your installation, site prep and/or
building permits from Building and Safety. 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. Also a map or
APN page showing the location of the fire hydrant and access to the property.
11. Secondary/Alter 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.
12. Sprinkler System Residential. Residential fire sprinklers are required in all one
and two family dwellings per the California Residential code, California Building
Code and the California Fire Code. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuance.
Prior to Final Inspection
13. Verification Inspection. PRIOR TO MOVING INTO THE RESIDENCE 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.
14. Sprinkler System Residential. Residential fire sprinklers are required in all one
and two family dwellings per the California Residential Code, California building
Code and the California Fire Code. Install Fire Sprinkler System per NFPA 13D.
Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval
prior to installation.
15. Street Numbers. Prior to issuance of Certificate of Occupancy or Building Final,
all residential dwellings shall display street numbers in a prominent location on
the street side of the residence in such a position that the numbers are easily
visible to approaching emergency vehicles.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
84
Section VI:
Community Services Department
Conditions of Approval
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
85
General Conditions
1. Recreation and Open Space Standards. Recreation and Open Space shall
be provided consistent with the APPROVED EXHIBITS and the Specific Plan
requirements.
2. Park Annexation. All parklands must be annexed into a Communities
Facilities District or other acceptable mechanism as determined by the City of
Menifee.
3. Paseo/Park Improvement Notification. Adequate notification shall be
provided to any home builder or any other buyer of individual phases of the
TENTATIVE MAP that certain paseo and/or parks are required to be
constructed or improved with the construction of each phase per the conditions
of this project or any applicable Development Agreement.
4. Park Plans. Park plans must be consistent with the City of Menifee Municipal
Code, the Park Development Guidelines, and Eastern Municipal Water District
requirements.
5. Landscape Plans. All landscaping plans shall be prepared in accordance with
the City’s Water Efficient Landscape Ordinance and City of Menifee Municipal
Code Chapter 9.86 “Park Design, Landscaping and Tree Preservation”. Such
plans shall be reviewed and approved by the Community Development
Department, and the appropriate maintenance authority.
6. 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 Final Map Recordation
7. Trails and Bike Lanes. Trails and bike lanes, including accommodations for
the landing for the future overcrossing at Rouse Road, shall be dedicated as
shown in the Specific Plan and the Approved Tentative Tract Map and shown
on improvement plans and any subsequent projects. Trails and bike lanes
shall be offered for dedication to the City prior to or in conjunction with the
recordation of the final map.
8. Quimby Dedication. Dedication of parkland. A dedication of parkland shall be
offered on the final map for the Community Park Lot 8. Where dedication is
offered and accepted, such dedication shall be accomplished in accordance
with the provisions of the Subdivision Map Act. All land dedicated to the City
shall be conveyed in fee simple to the City free and clear of all encumbrances
except those which will not interfere with the use of the property for its intended
purposes and which the city agrees to accept.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
86
Community Park Timing
9. Community Park Lot 8. Prior to issuance of the 500th residential occupancy
in the entire Specific Plan all amenities, landscaping and irrigation within the
community park shall be installed, inspections completed and passed and
performance securities posted.
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
87
Section VII:
Other Department/Agency
Conditions of Approval
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
88
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
89
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
90
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
91
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
92
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
93
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
94
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
95
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
96
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.
Dated: , 2020
BLC FLEMING LLC,
a Delaware limited liability company
By: Bristol Land Company LLC, a
Delaware limited liability company
its Authorized Agent
By:
Authorized Agent and
Authorized Signature
By:
Authorized Agent and
Authorized Signature
Dated: , 2020
THE FLEMING FAMILY LIMITED PARTNERSHIP,
a California limited partnership
By: F&N, LLC, a California limited liability company,
General Partner
By:
Fred J. Fleming, Manager
By:
Nancy L. Oren, Manager
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC20- was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 13 day of May 2020 by
the following vote:
Ayes:
Noes:
Absent:
Abstain:
_______________________________
Stephanie Roseen, CMC
Deputy City Clerk
DocuSign Envelope ID: EC55A910-5B6F-4C51-A6F0-E61C53E320B5
Karwin, Phillips, Thomas, Diederich, Madrid
500
None
None
None