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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