PC20-501Page 1 of 10
RESOLUTION NO. PC 20- ______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL
APPROVE VESTING TENTATIVE TRACT MAP NO. 2018-137 (TM NO.
37408) TO SUBDIVIDE 151.8 ACRES INTO 475 RESIDENTIAL LOTS
LOCATED SOUTH OF ROUSE ROAD, EAST OF ENCANTO DRIVE
AND WEST OF SHERMAN ROAD
Whereas, on May 30, 2018, the applicant, BLC Fleming, LLC filed a formal
application with the City of Menifee for the approval of Vesting Tentative Tract Map No.
2018-137 (TM37408) (“Project”) to establish a Specific Plan on the property as identified
as APNs 333-030-010, 333-030-012, 333-030-013, 333-030-021, and 333-030-022
(partial); and
Whereas, the application for the Vesting 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; Tentative Tract Map No. 2017-264 (TM37391) a large lot
subdivision of the specific plan area for conveyance purposes; 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
approved soon after the adoption of the General Plan, which occurred in
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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 proposed Legado Specific Plan designates the project area as the
following residential Planning Areas 1, 2, 3, 4, 5, 6, and 7 and Planning
Area 19 for the water quality and detention basin. The residential
Planning Areas allow for residential uses with a mix of lot sizes ranging
from 5,000 sq. ft. to 7,000 sq. ft. with a maximum number of 483 dwelling
units allowed.
The Vesting Tentative Tract Map No. 2018-137 (TTM 37408) proposes to
subdivide the Project area west of Sherman Road (excluding the
proposed commercial area) into 475 residential lots (totaling 79.5 acres of
residential uses). Additional lots (totaling 75.7 acres) are proposed for
community park/community center uses, open space/
recreation/landscape uses, water quality/detention basins, internal public
roadways, park uses, and recreation center uses. The number of
dwelling units proposed by the map is consistent with and does not
exceed the maximum allowed under the proposed Specific Plan. The lots
sizes shown on the tentative map are consistent with the lot sizes allowed
within the Specific Plan. The proposed vesting tentative tract map is
consistent with the density of the proposed land use plan, lot sizes and
development standards of the Specific Plan. The roadways shown on the
tentative map are consistent with the Specific Plan circulation element.
The proposed Vesting Tentative Map is consistent with the proposed
Specific Plan.
Existing General Plan land use designations north of the Project site
include “Commercial Office (CO),” “Commercial Retail (CR),” and “2.1-5
dwelling units per acre (du/ac) Residential (2.1-5 R).” Lands to the east
of the Project site are proposed to be designated as the Legado Specific
Plan with lot sizes and allowed uses similar to the proposed project site.
Lands to the south of the Project site are designated as “Economic
Development Corridor (EDC),” and “Public/Quasi Public Facilities (PF)”.
Properties located to the west of the Project site are designated as
Commercial per the proposed Specific Plan, and “Economic Development
Corridor (EDC)” and “2.1-5 du/ac Residential (2.1-5 R)” beyond Interstate
215. The residential uses proposed within the tentative tract map are
consistent with surrounding residential land uses in regards to density
and lot size. The residential uses proposed are buffered from
surrounding commercial uses by setbacks and landscaping. The open
space and park parcels will be buffered from adjacent residential land
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uses by landscaping and lighting will be shielded. The project is
compatible with surrounding land uses.
In addition, the Project 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 proposes a subdivision that is consistent
with the Specific Plan. 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 Tentative Map
implements the development standards and applicable design
guidelines through the map design, conceptual landscaping plans,
wall and fence plans and through conditions of approval for
architectural plans. 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 and
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.
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The Tentative Tract Map implements and is consistent with the
Specific Plan which requires 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. The parks
and open space required by the Specific Plan are incorporated into
the map design.
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
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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.
Consistency with Housing Element. The Housing Element has
identified sites within the Specific Plan area that meet the City’s
affordable housing sites under the RHNA. Recently adopted Senate Bill
166 prohibits cities from allowing their inventory of available sites to be
insufficient to meet their remaining unmet RHNA share for lower and
moderate-income housing. California Government Code Section 65863
requires cities to make certain findings that the remaining housing
element sites can accommodate the RHNA requirements by income level.
The Menifee Housing Element states that General Plan designations in
the range of 20.1-24.0 dwelling units/acre can be used to meet the City’s
Very Low and Low income requirement of 2,495 units. The City has
designated a number of parcels with that residential density to both
vacant land and under-utilized sites in Romoland towards meeting the
Very Low and Low RHNA numbers for 2014-2021. All these parcels
provide for a total 3,063 potential units thereby exceeding the RHNA
criteria by 568 units. The Housing Element assumed the Specific Plan
area, which includes the tentative tract map project area, would provide
344 units at the 20.1-24.0 dwelling units/acre density. If these 344 units
were removed from the available site inventory, there would still be a
remaining extra capacity of 224 planned Very Low and Low income units
within the City of Menifee above the City’s requirement of 2,495 Very Low
and Low income units. Thus, implementation of the Specific Plan,
including the tentative tract map, would not conflict with the City’s ability
to meet the affordable housing sites as identified in the Housing Element.
In addition, the Housing Element also assumes that General Plan
designations in the range of 2.1 to 20R can be used to meet the City’s
Moderate and Above Moderate income requirement of 3,750 units. The
City has designated a potential of 21,134 units allowed on vacant parcels
with these residential densities towards meeting the 1,140 Moderate
income and the 2,610 Above Moderate income RHNA unit numbers for
2014-2021. The Housing Element assumed the Specific Plan project
area, which includes the tentative map project area, would provide 1,384
units within the 2.1 to 14R density. The Specific Plan allows up to 1,061
dwelling units in the 2.1-5R density designation. If 304 units were
removed from the vacant land inventory, there would still be remaining
extra capacity of 20,830 planned Moderate and Above Moderate income
units. However, the tentative tract map proposes 475 dwelling units,
instead of the 483 designated for the Planning Areas of the Specific Plan
in which the tentative map is located. Therefore, in addition to the 304
units removed from the Specific Plan, and additional 8 units would also be
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removed from the vacant land inventory based on the tentative map.
With the removal of 8 additional units, there would still be remaining extra
capacity of 20,822 planned Moderate and Above Moderate income units.
Thus, implementation of the Project would not conflict with the City’s
ability to meet the affordable housing sites as identified in the Housing
Element.
The Project would be consistent with or otherwise would not conflict with
any of the adopted Housing Goals. Additionally, the tentative tract map
would provide for 475 residential homes on lot sizes ranging from 5,000
s.f. to 7,000 s.f. in size, which would assist the City in meeting its share of
the Moderate and Above Moderate regional housing need. Additionally, a
community park/community center and paseos/neighborhood parks
proposed by the Project would provide community trails and paths that
encourage an active, healthy lifestyle. Infrastructure and transportation
plans have been coordinated in the proposed Legado Specific Plan to
ensure phasing of facilities with development. Furthermore,
implementation of the Project would not conflict with the City’s ability to
meet the affordable housing requirements due to the extra capacity of
potential sites in the City of Menifee. Accordingly, the Project would not
conflict with the Housing Element, and impacts would be less than
significant.
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 proposed to be zoned Legado
Specific Plan which would allow residential uses. Properties located to
the south of the Project site are zoned “Economic Development Corridor-
McCall Boulevard (EDC-MB)” and “Public/Quasi-Public Facilities (PF)”.
Properties located to the west of the Project site, beyond Interstate 215
are 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.
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The Tentative Tract Map proposes to subdivide the Project area west of
Sherman Road (excluding the proposed commercial area) into 475
residential lots (totaling 79.5 acres of residential uses). Additional lots
(totaling 75.7 acres) are proposed for community park/community center
uses, open space/recreation/landscape uses, water quality/detention
basins, internal public roadways, park uses, and recreation center uses.
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.
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. 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 proposed land uses. The proposed density of the
tentative map is consistent with the Specific Plan and 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, 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
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extension of Sherman Road and vacant land (proposed for residential
uses in the Legado Specific Plan) 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. The lot sizes and development standards of the specific plan
and incorporated into the tentative tract map design 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)
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The vesting 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, design and construct the parks as required by the Specific Plan.
Therefore, the proposed Project is consistent with the Quimby Act.
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 EIR.
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. 2018-137 (Tentative Tract Map No.
37408) subject to the Conditions of Approval set forth in Exhibit “1” to this
Resolution.
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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
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EXHIBIT “1”
CONDITIONS OF APPROVAL
Planning Application No.: TR 2018-137 (TM37408)
Project Description: Vesting Tentative Tract Map No. 2018-137 is a
subdivision of 151.8 gross acres into 475 residential lots,
including paseos, a neighborhood park and recreation
center, detention basin, water quality basin, roadways, and
a 12.9 acre sports park. Minimum lot sizes vary from 5,000
sq. ft. to 6,500 sq. ft.
The neighborhood and sports parks and landscaped
paseos are proposed to be maintained by the Community
Facilities District (CFD). The sports park includes soccer
fields, a community center, playground equipment, a shade
structure, and associated parking.
A recreation center lot adjacent to the neighborhood park
is proposed to be maintained by the Homeowners
Association (HOA). The recreation center includes a
recreation building, pool, spa, BBQ areas, and associated
parking.
Neighborhood entry monuments have also been proposed
at the project’s northeast and southeast entrances at
Rouse Road and Sherman Road and Chambers Avenue
and Sherman Road. Secondary monuments are also
proposed at the northern and southern entrances along ‘A’
Street and the Paseo entrance at ‘G’ Street and Sherman
Road.
The map is approved to be developed in three (3) phases:
Phase 1 consists of TR37408-1, -2, -3 and -4
(northern portion of -4/PA4 of SP) and
improvements on Sherman Road, Rouse Road,
portions of Street A and the Village Collector as
shown on the approved phasing plan.
Phase 2 consists of TR37408-4 (southern portion of
-4/PA 5) and the development of the park in PA 18
as well as improvements on Chambers Avenue and
the completion of Street A as shown on the
approved phasing plan.
Phase 3 consists of TR37408-5 and -6 and
improvements along Encanto Drive.
The phases are to be constructed in consecutive
order.
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The project site is located within the City of Menifee. The
project site is located south of Rouse Road, west of
Sherman Road, and east of Encanto Road.
Associated Applications: Specific Plan No. 2017-187
Change of Zone No. 2017-188
Tentative Tract Map No. 2017-264 (TR37391)
Vesting Tentative Tract Map No. 2018-138 (TR37409)
Development Agreement 2018-277
Assessor's Parcel No.: APNs: 33-030-010, 012, 013, 021, and 022
MSHCP Category: Residential – Density under 8 du/acre
DIF Category: Single Family Residential, See Development Agreement
No. 2018-277
TUMF Category: Single Family Residential
Quimby Category: Single Family Residential, See Development Agreement
No. 2018-277
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
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person or entity comprising the applicant/developer with respect to the
ownership, planning, design, construction, and maintenance of the Project
and the Property for which the Project is being approved. In addition to the
above, within 15 days of this approval, the developer/applicant shall enter
into an indemnification agreement with the City. The indemnification
agreement shall be substantially the same as the form agreement currently
on file with the City.
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Section I: Conditions applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Section III: Public Works and Engineering Conditions of
Approval
Section IV: Building and Safety Department Conditions
of Approval
Section V: Riverside County Fire Department Conditions
of Approval
Section VI: Community Service Department Conditions
of Approval
Section VII: Other Agency/Department Conditions of
Approval
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Section I:
Conditions Applicable to all
Departments
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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. 2018-137 (TR37408)
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. 37408 (Planning Case No. 2018-
137), dated December 5, 2019.
EXHIBIT L = Conceptual Landscaping, Park, Recreation Center, Wall and
Fence, and Monument Plan for Tentative Tract Map No. 37408, 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. Mitigation Monitoring Plan. The developer shall comply with the mitigation
monitoring plan of the EIR unless superseded and/or expedited by the
Development Agreement.
4. 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.
5. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
6. Development Agreement. This project is subject to the DEVELOPMENT
AGREEMENT, which applies to the area described in the DEVLEOPMENT
AGREEMENT. The TENATIVE MAP shall comply with the requirements within
the DEVELOPMENT AGREEMENT. To the extent any of these conditions are
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in conflict with the DEVELOPMENT AGREEMENT, the DEVELOPMENT
AGREEMENT shall supersede the Condition of Approval contained herein.
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Section II:
Community Development
Department
Conditions of Approval
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General Conditions
7. 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.
8. Offsite Signs. No offsite subdivision signs advertising this land
division/development are permitted, other than those allowed under Menifee
Municipal Code. Violation of this condition of approval may result in no further
permits of any type being issued for this subdivision until the unpermitted
signage is removed.
9. Design Guidelines. The land divider shall comply with the Design Standards
and Guidelines of the Legado Specific Plan.
10. Residential Development Standards. The development of the property shall
comply with the Design Guidelines of the Legado Specific Plan.
11. Recreation and Open Space Standards. Recreation and Open Space shall
be provided consistent with the APPROVED EXHIBITS and the Legado
Specific Plan requirements.
12. 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.
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. Phased Construction. Phasing of project construction shall be consistent with
the phasing proposed in the Specific Plan, unless modified by the Development
Agreement.
15. 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.
16. 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
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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.
17. 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.
18. 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.
19. 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.
FEES
20. 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
21. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin.
Further, pursuant to Public Resource Code Section 5097.98(b) remains shall
be left in place and free from disturbance until a final decision as to the
treatment and disposition has been made. If the Riverside County Coroner
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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.
22. 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).
23. 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 and Monitoring
Agreements entered into with the appropriate tribes. This may include
avoidance of the cultural resources through project design, in-place
preservation of cultural resources located in native soils and/or re-burial
on the Project property so they are not subject to further disturbance in
perpetuity as identified in Non-Disclosure of Reburial Condition.
v. 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
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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.”
24. 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.
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
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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.
25. 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.
*The City of Menifee must be consulted on the repository/museum to receive the
fossil material prior to being curated.
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LANDSCAPING
26. 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.
27. 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.
28. 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).
29. Front and Side Yard Landscaping Maintenance Responsibility. The
owners of each individual lot shall be responsible for maintaining all
landscaping between the curb of the street and the proposed sidewalk and side
yard landscaping between the curb of the street and proposed fencing, unless
the landscaping is included within a separate common lot maintained by an
HOA or other entity acceptable to the City of Menifee.
30. 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
31. 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 July 2, 2018) have been
attached to this document and shall be complied with accordingly.
32. 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 Recordation
33. 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
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Department - Survey Division requirements, the conditionally approved
TENTATIVE MAP, and in accordance with Menifee Municipal Code.
34. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land
surveyor or registered civil engineer.
35. 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.
36. 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 ___.
37. 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.”
38. 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 Environmental Impact Report for the Project on file
with the Community Development Department.”
39. 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
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Department. The maintenance exhibit shall be consistent with the concept
maintenance exhibit approved as a part of the Specific Plan.
FEES
40. 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
41. Grading Plan Review. The Community Development Department shall review
the grading plans for consistency with the approved tentative map.
42. Precise Grading Plan Review. The Community Development Department
shall review the precise grading plan for consistency with the approved final
site of development plan and landscaping, irrigation and hardscape plans. The
precise grading plan shall not be cleared by the Community Development
Department until the final site of development plan and landscaping and
irrigation plan has been reviewed and is ready to approve. The precise grading
plan must be consistent with the approved final site of development plan and
landscaping and irrigation plan and any hardscaping plan.
43. 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.
44. 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
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 151.8 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.
45. 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.
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46. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management
District (SCAQMD) Rule 403. The permittee shall include in construction
contracts the control measures required under Rule 403 at the time of
development, including the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius)
must be swept (preferably with water weepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a ten (10) percent
surface soil moisture content throughout all earth moving activities. All
unpaved demolition and construction areas shall be wetted at least twice
daily during excavation and construction, and temporary dust covers shall be
used to reduce dust emissions and meet SCAQMD District Rule 403.
Wetting could reduce fugitive dust by as much as fifty percent (50%).
b. Water active grading/excavation sites and unpaved surfaces at least three
(3) times daily;
c. All paved roads, parking and staging areas must be watered at least once
every two (2) hours of active operations;
d. Site access points must be swept/washed within thirty (30) minutes of
visible dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed twenty-five (25) mph;
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;
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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.
BIOLOGICAL IMPACTS
47. 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;
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).
48. 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
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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.
49. Nesting Bird Survey. To avoid impacting nesting birds, one of the following
must be implemented:
Conduct grading activities from September 16th through January 31st, when
birds are not likely to be nesting on the site; OR
Conduct pre-construction surveys for nesting birds if construction is to take
place during the nesting season (February 1 through September 15). 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 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
50. 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
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rough grading, trenching, stockpiling of materials, rock crushing, structure
demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall
have the authority to temporarily divert, redirect or halt the ground disturbance
activities to allow identification, evaluation, and potential recovery of cultural
resources in coordination with any required special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract
to the Community Development Department to ensure compliance with this
condition of approval. Upon verification, the Community Development
Department shall clear this condition.
In addition, the Project Archaeologist, in consultation with the Consulting
Tribe(s), the contractor, and the City, shall develop a Cultural Resources
Management Plan (CRMP) in consultation pursuant to the definition in AB52 to
address the details, timing and responsibility of all archaeological and cultural
activities that will occur on the project site. A consulting tribe is defined as a
tribe that initiated the AB 52 tribal consultation process for the Project, has not
opted out of the AB52 consultation process, and has completed AB 52
consultation with the City as provided for in Cal Pub Res Code Section
21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a. Project grading and development scheduling;
b. The Project archeologist and the Consulting Tribes(s) shall attend the
pre-grading meeting with the City, the construction manager and any
contractors and will conduct a mandatory Cultural Resources Worker
Sensitivity Training to those in attendance. The Training will include a
brief review of the cultural sensitivity of the Project and the
surrounding area; what resources could potentially be identified during
earthmoving activities; the requirements of the monitoring program;
the protocols that apply in the event inadvertent discoveries of cultural
resources are identified, including who to contact and appropriate
avoidance measures until the find(s) can be properly evaluated; and
any other appropriate protocols. All new construction personnel that
will conduct earthwork or grading activities that begin work on the
Project following the initial Training must take the Cultural Sensitivity
Training prior to beginning work and the Project archaeologist and
Consulting Tribe(s) shall make themselves available to provide the
training on an as-needed basis;
c. The protocols and stipulations that the contractor, City, Consulting
Tribe(s) and Project archaeologist will follow in the event of
inadvertent cultural resources discoveries, including any newly
discovered cultural resource deposits that shall be subject to a cultural
resources evaluation.
51. 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
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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.
52. 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.
53. 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
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.
54. 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
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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
55. 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
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.
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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,
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
56. 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.
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57. Building Plans Required. The developer shall cause building plans to be
submitted to the Building and Safety Department for review and approval by
the Department of Building and Safety - Plan Check Division. Building and
Safety will require the following items for the building plan submittal:
1. Plans shall be designed to the provisions of the 2019 (or current) edition
of the California Building, Mechanical, Electrical and Plumbing, Energy
and Green Codes.
2. Five (5) sets of plan drawings shall be submitted along with three (3)
copies of structural and Title 24 Energy documentation.
3. Two (2) sets of precise grading plans shall be submitted at time of
building plan review submittal. Showing all disabled access paths of
travel, cross and directional slope percentages, site accessibility features
and details.
4. All exterior lighting shall comply with Menifee Municipal Code Chapter
6.01, “Dark Sky Ordinance”.
58. Conform Final Site Plan. The building plans shall be consistent with the
approved elevations of the final site of development plans. The building plans
shall be reviewed for consistency with the final site of development plans prior
to Building Permit issuance.
59. Roof Mounted Equipment. Roof-mounted mechanical equipment shall not be
permitted within the subdivision, however, solar equipment or any other
energy-saving devices shall be permitted with Community Development
Department approval.
60. Building Separation. Building separation between all buildings shall not be
less than ten (10) feet. Additional encroachments are only allowed as permitted
by the Specific Plan.
61. Parking. Parking spaces are required in accordance with Menifee Municipal
Code. All parking areas and driveways shall be surfaced to current standards
as approved by the City of Menifee Engineering Department.
62. Lighting. Lighting fixtures for parks and open space areas shall be decorative.
Shoe-box-type lighting will not be allowed. The types of lighting fixtures used
shall be subject to Community Development Department approval.
All outdoor lighting shall be shown on electrical plans submitted to the
Department of Building and Safety for plan check approval and shall comply
with the requirements of the Menifee Municipal Code Chapter 6.01 and the
General Plan.
63. Screening of Accessory Structures. Screening of mechanical equipment
within trellised enclosures or encasing mechanical equipment within small
structures compatible in color and materials to the adjacent landscaping or the
primary structures shall be required and methods of screening shall be
included on building plans and/or landscaping plans.
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MINOR PLANS REQUIRED
64. Final Site of Development Plan. A plot plan application shall be submitted to
the Community Development Department pursuant to the Menifee Municipal
Code (Plot Plans not subject to the California Environmental Quality Act), along
with the current fee.
Subdivision development shall conform to the approved tract map and shall
conform to the Specific Plan.
The plot plan shall be approved by the Community Development Director prior
to approval of the building plans and prior to issuance of Building Permits for
lots included within that plot plan.
The plot plan shall contain the following elements:
1) A final site plan (40' scale precise grading plan) showing all lots, building
footprints, setbacks, mechanical equipment (and methods for screening)
and model assignments on individual lots.
2) Each model floor plan and elevations (all sides).
3) Three (3) sets of photographic or color laser prints (8" x 10") of the
sample board and colored elevations shall be submitted for permanent
filing and agency distribution after the Community Development
Department has reviewed and approved the sample board and colored
elevations in accordance with the approved Design Manual and other
applicable standards. All writing must be legible. Three (3) matrix sheets
showing structure colors and texture schemes shall be submitted.
4) The number of floor plans for each area shall be in accordance with the
Specific Plan Design Guidelines. For development projects that are to be
constructed in phases, a phasing plan shall be submitted to assure that
the requirements for the number of floor plans is being met.
5) The colors and materials on adjacent residential structures should be
varied to establish a separate identity for the dwellings. A variety of colors
and textures of building materials is encouraged, while maintaining overall
design continuity in the neighborhood. Color sample boards shall be
submitted as a part of the application and review process.
6) All new residences with garages shall be provided with roll-up (i.e. on
tracks) garage doors (either sectional wood or steel).
NOTE: The requirements of this plot plan may be incorporated with any minor
plot plan required by this subdivision's conditions of approval. However, this
FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared
individually.
65. Landscaping Plans. The land divider/permit holder shall file three (3) sets of a
Landscaping and Irrigation Plan to the Community Development Department
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for review and approval. Said plan shall be submitted to the Department in the
form of a plot plan application pursuant to the Menifee Municipal Code, along
with the current fee. The plan shall be in compliance with the Conceptual
Landscaping Plan, the Specific Plan, Menifee Municipal Code and the
TENTATIVE MAP conditions of approval.
The plan shall address all areas and conditions of the project requiring
landscaping and irrigation to be installed including, but not limited to, front yard
landscaping, slope planting, common area and/or park landscaping within
Open Space Lots and any HOA maintained landscaping.
The plans shall provide for the following:
1) Permanent automatic irrigation systems shall be installed on all
landscaped areas requiring irrigation.
2) All utility service areas and enclosures shall be screened from view with
landscaping and decorative barriers or baffle treatments, as approved by
the Community Development Department. Utilities shall be placed
underground.
3) Any required landscape screening shall be designed to be opaque up to a
minimum height of four (4) feet at maturity.
4) Parkways and landscaped building setbacks shall be landscaped to
provide visual screening or a transition into the primary use area of the
site. Landscape elements shall include earth berming, ground cover,
shrubs, and specimen trees in conjunction with meandering sidewalks,
benches, and other pedestrian amenities where appropriate as approved
by the Community Development Department.
5) Landscaping plans shall incorporate the use of specimen accent trees at
key visual focal points within the project.
6) Landscaping plans shall incorporate native and drought tolerant plants
where appropriate.
7) Turf shall be eliminated in areas unless provided for active uses.
8) All basins for drainage and/or water quality shall be screened from view
with landscaping.
9) All trees shall be minimum double-staked. Weaker and/or slow-growing
trees shall be steel-staked.
10) Plants with similar water requirements shall be grouped together in order
to reduce excessive irrigation runoff and promote surface filtration, where
possible.
11) Additional landscaping may be required along basins to ensure
screening of basins from public view. Streetscape view renderings
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shall be provided to demonstrate that adequate screening is
provided at basins.
12) As part of its review of implementing discretionary applications (e.g.,
building permits), the City of Menifee shall assure that landscaping plans
do not include the use of invasive plant species listed in Volume I, Table
6-2 of the MSHCP.
Note on Conceptual Plans. The conceptual landscaping plans show general
locations for shrubs, groundcover and trees, but does not specify the size and
each specific type of plant for all locations. Therefore, the Planning Division
may require the addition of plants, change the space of plants, change the type
of plants, or change the size of plants on the working drawing.
The landscaping and irrigation plans for open space lots shall be consistent
with Approved Exhibit L.
NOTES: The Landscape plot plan may include the requirements of any other
minor plot plan required by the subdivision conditions of approval. However,
minor plot plan conditions of approval shall be cleared individually.
Landscaping plans for areas that are totally within the road right-of-way shall be
submitted to the Engineering and Public Works Department ONLY.
Landscaping plans for areas proposed to be maintained by the City Community
Facilities District shall be submitted to the Engineering and Public Works
Department.
WQMP Treatment Devices. All WQMP treatment deices including design
details shall be shown on the construction landscape plans. If revisions are
made to the WQMP design that result in any changes to the conceptual
landscape plans after entitlement, the revisions will be shown on the
construction landscape plans, subject to the approval of the Community
Development Director.
66. Entry Monuments. Building plans for entry monuments shall be consistent
with Approved Exhibit L.
If any changes are proposed, the land divider/permit holder shall file five (5)
sets of an Entry Monument plot plan to the Community Development
Department for review and approval. Said plan shall be submitted to the
Department in the form of a plot plan application pursuant to Menifee Municipal
Code, along with the current fee. The plan shall be in compliance with the
Specific Plan and the TENTATIVE MAP conditions of approval.
The plot plan shall contain the following elements:
1) A color rendering of a frontal view of all/the entry monument(s) with
landscaping.
2) The entry monuments shall be in substantial conformance to Approved
Exhibit L and the Map.
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3) The plan shall include dimensions of the sign and lettering, call outs of
materials and plotting of the sign, including setbacks.
NOTE: The requirements of this plot plan may be incorporated with any minor
plot plan required by the conditions of approval for this subdivision. However,
this ENTRY MONUMENT condition of approval shall be cleared individually.
67. Model Home Complex. A plot plan application shall be submitted to the
Community Development Department pursuant to the Menifee Municipal Code,
along with the current fee.
The Model Home Complex plot plan shall contain the following elements:
1) An engineer's scaled plan showing the model home lots, lot numbers,
tract number, and north arrow.
2) Show front, side and rear yard setbacks.
3) Provide two dimensioned off street parking spaces per model and one
parking space for office use. The plan must have one accessible parking
space.
4) Show detailed fencing plan including height and location.
5) Show typical model tour sign locations and elevation.
6) Three (3) sets of photographic or color laser prints (8" X 10") of the
sample board and colored elevations shall be submitted for permanent
filing and agency distribution after the Community Development
Department has reviewed and approved the sample board and colored
elevations in accordance with the approved Design Manual and other
applicable standards. All writing must be legible. Three (3) matrix sheets
showing structure colors and texture schemes shall be submitted.
7) Provide a Model Home Complex landscape and irrigation plan.
NOTES: The Model Home Complex plot plan shall not be approved without
Final Site Development Plan approval, or concurrent approval of both. See the
Community Development Department Model Home Complex application for
detailed requirements.
The requirements of this plot plan may be incorporated with any minor plot plan
required by the subdivision's conditions of approval. However, this MODEL
HOME COMPLEX condition of approval shall be cleared individually.
The applicant will be required to enter into a model home complex agreement
with the City of Menifee. The agreement stipulates terms for removal of the
complex.
The model home complex plan shall be approved prior to issuance of a
Building Permit.
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68. Walls and Fencing. Building plans for walls and fencing shall be consistent
with Approved Exhibit L and the Tentative Map.
For any additional walls and fencing, interior walls and fencing, or modifications
to the walls and fencing from Approved Exhibit L, the land divider/permit holder
shall file five (5) sets of a Wall/Fencing Plan to the Community Development
Department for review and approval. Said plan shall be submitted to the
Department in the form of a plot plan application pursuant to the Menifee
Municipal Code, along with the current fee. The plan shall be in compliance
with the Specific Plan, Approved Exhibit L and the TENTATIVE MAP conditions
of approval.
a. A typical frontal view of all fences shall be shown on the fencing plan.
b. All utility service areas and enclosures shall be screened from view with
landscaping or decorative barriers or baffle treatments, as approved by
the Community Development Department.
c. Front yard return walls shall be constructed of masonry slump stone or
material of similar appearance, maintenance, and structural durability)
and shall be a minimum of five feet in height.
d. Side yard gates are required on one side of the home and shall be
constructed of vinyl. Chain-link fencing is not permitted. All construction
must be of good quality and sufficient durability with an approved stain
and/or sealant to minimize water staining. (Applicants shall provide
specifications that shall be approved by the Community Development
Department).
e. All lots having rear and/or side yards facing local streets or otherwise
open to public view shall have fences or walls constructed of decorative
block.
f. Corner lots shall be constructed with wrap-around decorative block wall
returns.
g. Wrought iron or tubular steel fence sections may be included within
tracts where view opportunities and/or terrain warrant its use. Where
privacy of views is not an issue, tubular steel or wrought iron sections
should be constructed in perimeter walls in order to take advantage of
casual view opportunities.
h. The plan shall show the location of all retaining walls. Retaining walls
shall be constructed with decorative block and a masonry cap as shown
in the conceptual wall plans.
LANDSCAPING
69. Front Yard Landscaping. All front yards shall be provided with landscaping
and automatic irrigation as defined by County Ordinance No. 348. Landscaping
and Irrigation shall comply with the Menifee Municipal Code Chapters 15.04
and 9.86, and the Riverside County Guide to California Friendly Landscaping.
The front yard landscaping must be installed prior to final occupancy release.
70. 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
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control measures as approved by the Community Development Department
and the South Coast Air Quality Management District (SCAQMD).
71. Performance Securities. Performance securities, in amounts to be
determined by the Community Development Director to guarantee the
installation of plantings, irrigation system, walls and/or fences, in accordance
with the approved plan, shall be filed with the Community Development
Department. Securities may require review by the City Attorney and other staff.
Permit holder is encouraged to allow adequate time to ensure that securities
are in place. The performance security may be released one year after
structural final, inspection report, and the Six Month and One-Year Post
Establishment report confirms that the planting and irrigation components have
been adequately installed and maintained. A cash security shall be required
when the estimated cost is $2,500.00 or less. Security deposits are only
required for common area landscaped areas.
72. Landscape Inspection Deposit. Prior to issuance of Building Permits, the
permit holder shall open a Landscape Deposit Based Fee case and deposit the
prevailing deposit amount to cover the pre-installation inspections, installation
inspections, Six Month Post Establishment and One Year Post Establishment
Landscape Inspections. The amount of hours for the Inspections will be
determined by the Community Development Department's Landscape
personnel prior to approval of the requisite Minor Plot Plan for Planting and
Irrigation.
FEES
73. 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.
74. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
75. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
Prior to Final Inspection
76. 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.
77. 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
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Phase IV report shall include evidence of the required cultural/historical
sensitivity training for the construction staff held during the pre-grade meeting.
The Community Development Department shall review the reports to determine
adequate mitigation compliance. Provided the reports are adequate, the
Community Development Department shall clear this condition. Once the
report(s) are determined to be adequate, two (2) copies shall be submitted to
the Eastern Information Center (EIC) at the University of California Riverside
(UCR) and one (1) copy shall be submitted to the Pechanga Cultural
Resources Department.
78. Anti-Graffiti Coating. An anti-graffiti coating shall be provided on all block
walls, and written verification from the developer shall be provided to the
Community Development Department.
79. Fencing and Wall Compliance. Fencing shall be provided throughout the
subdivision in accordance with Approved Exhibit L, the Specific Plan and the
Approved Tentative Map.
80. Entry Monuments. Prior to the first occupancy within the applicable phase of
the tract, entry monuments shall be installed in accordance with the approved
entry monument plans.
81. Hardscaping. All hardscaping within the applicable phase of the tract,
including enhanced paving at project intersections, as shown on Approved
Exhibit L, shall have been installed in accordance with the approved exhibits.
82. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations approved as part of the final site of
development plan.
83. Roll Up Garage Doors. All residences shall have automatic roll-up garage
doors.
84. Final Planning Inspection. The permittee shall obtain final occupancy sign-off
from the Planning Division for each Building Permit issued by scheduling a final
Planning inspection prior to the final sign-off from the Building Department.
Planning staff shall verify that all pertinent conditions of approval have been
met, including compliance with the approved elevations, hardscaping, site plan,
ground mounted equipment screening, parking, walls and fencing and
landscaping.
LANDSCAPING
85. Soil Management Plan
The permittee shall submit a Soil Management Plan (Report) to the Community
Development Department before the Landscape Installation Inspection. The
report can be sent in electronically. Information on the contents of the report
can be found in the County of Riverside Guide to California Friendly
Landscaping page 16, #7, “What is required in a Soil Management Plan?”
86. Landscape/Irrigation Install Inspection
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The permittee landscape architect responsible for preparing the Landscaping
and Irrigation Plans shall arrange for a Pre-Landscape installation inspection
and a Landscape Completion Installation Inspection with the Community
Development Department. The pre-landscape inspection shall be arranged at
least fifteen (15) working days prior to installation of landscaping. The
landscape completion inspection shall be arranged at least fifteen (15) working
days prior to final inspection of the structure or issuance of occupancy permit,
whichever occurs first. Six Month and One Year Post-Establishment Inspection
will also be required. The Community Development Department will require a
deposit in order to conduct the landscape inspections.
87. Landscape Installation. All required landscape planting and irrigation, shall
have been installed in accordance with approved Landscaping, Irrigation, and
Shading Plans, the Menifee Municipal Code, Eastern Municipal Water District
requirements and the Riverside County Guide to California Landscaping. All
landscape and irrigation components shall be in a condition acceptable to the
Community Development Department. The plants shall be healthy and free of
weeds, disease or pests. The irrigation system shall be properly constructed
and determined to be in good working order.
88. Final Landscape Approval
The final landscape approval following installation shall be subject to the review
and approval of the City’s Landscape Architectural Consultant and the
Community Development Director. The Community Development Director may
require additional trees, shrubs and/or groundcover as necessary, if site
inspections reveal landscape deficiencies that were not apparent during the
plan review process.
FEES
89. 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.
90. 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
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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.
91. Fees. Prior to issuance of occupancy/final inspections, the Community
Development Department shall determine if the deposit-based fees for project
are in a negative balance. If so, any outstanding fees shall be paid by the
permittee.
Prior to Issuance of Given Building Permit or Occupancy
OPEN SPACE LOT CONDITIONS
The Community Development Director shall have the ability to defer the installation of
the landscaping as noted below, but may require performance securities and additional
deposits to cover administrative costs. Under no circumstance shall landscaping be
deferred if 80% of the tract has been occupied.
The installation of landscaping within open space area that will be maintained by the
Community Facilities District (CFD) can be modified or deferred by the Engineering and
Public Works Department. As some open space areas noted above may contain water
quality basins, the installation of landscaping and completion of those lots may be
required at an earlier time than what is noted in the conditions by the Engineering and
Public Works Department in order to mitigate water quality impacts of the development.
All water quality treatment areas must be functional prior to issuance of any occupancy
permit.
To the extent any of these conditions are in conflict with the DEVELOPMENT
AGREEMENT, the DEVELOPMENT AGREEMENT shall supersede the Condition of
Approval below.
92. Suspension of Building Permit Issuance and/or Inspections. Pursuant to
Menifee Municipal Code, failure to comply with any deadline for the
development of the improvements and/or amenities shall halt the issuance of
building permits and suspension of all building inspections for residential
dwelling units within the subdivision.
93. Landscaping and Recreation Amenities Installation. Landscaping, irrigation
and amenities shall be installed in accordance with the conditions noted below.
Landscaping directly adjacent to residential lots, such as enhanced parkways
along Street A, Rouse Road, Sherman Road and Chambers Avenue, will be
installed prior to the occupancy of the lots the landscaping is located adjacent
to.
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94. Detention Basin and WQ Basin Lot 74 – TR37408-1. Prior to issuance of a
certificate of occupancy for any lot on the approved tentative map, or as
determined by the Community Development Director, all landscaping and
irrigation shall be installed, inspections completed and passed and
performance securities posted. This includes the pedestrian access along the
southern edge of the basin.
95. Recreation Center Lot 118 TR37408-3– Concept Plans. Prior to issuance of
the 250th certificate of occupancy for any lot on the approved tentative map or
Specific Plan, whichever occurs first, concept plans for the Recreation Center
must be submitted, reviewed and approved by the City of Menifee.
The private recreation center shall have a minimum size consistent with that
shown on the Approved Concept Landscaping Plan and shall include restroom
facilities. The pool and spa size shall have a minimum size consistent with that
shown on the Approved Concept Landscaping Plan. The private recreation
center facility amenities shall be consistent with that shown on the Approved
Concept Landscaping Plan.
96. Recreation Center Lot 118 TR37408-3– Final/Construction Plans. Prior to
issuance of the 350th certificate of occupancy for any lot on the approved
tentative map or Specific Plan, whichever occurs first, final plans (construction
drawings) for the Recreation Center must be submitted, reviewed and
approved by the City of Menifee.
97. Recreation Center Lot 118 TR37408-3. Prior to the issuance of the 500th
building permit in the Specific Plan, all amenities, including but not limited to,
the pool, spa, recreation building, landscaping and irrigation within the
recreation center shall be installed, inspections completed and passed and
performance securities posted.
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Section III:
Public Works/Engineering
Conditions of Approval
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The following are the City of Menifee Public Works Engineering Department 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. Vesting Tentative Tract Map 37408, Project Description – Vesting Tentative
Tract Map 37408 is a proposal to subdivide 151.8 acres of land into 475
residential lots, paseos, a community park, a neighborhood park, a recreation
center, open spaces for water quality and flood control purposes, and lettered
lots for roadway purposes. A Specific Plan No. 2017-187 (SP 2017-187), and a
larger Tentative Tract Map No. 37391 (TTM 37391) are concurrently being
processed with proposed VTTM 37408. The SP2017-187 will establish the
standards for the development of the proposed tract subdivision. The larger lots
in TTM 37391 subdivision will define the boundaries of vesting TTM 37408,
which are also influenced by the boundaries of the Planning Areas in SP2017-
187. The project VTTM 37408 will further subdivide Lots 1, 2, 3, 4, 5, and 6 of
TTM 37391 into 475 single-family residential units, and will develop Lot 8 into a
community park. These larger lots which are all located west of Sherman Road,
will encompass the western half of the Legado development. A second vesting
Tentative Tract Map No. 37409 (VTTM 37409) will develop the eastern half and
is also concurrently being processed with this project.
3. Tentative Tract Map 37391 and VTTM 37409 - Two vesting tentative tract
maps, TTM37408 and TTM37409, are proposed concurrently with a larger tract
TTM 37391, to further subdivide the lager tract 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. All three tentative tract maps are being
processed concurrently, and while separate sets of conditions will be 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. VTTM 37408 Map Phasing – The vesting tentative tract map is proposed for
development in six phases, with each phase recording a final map. Phases 1, 2,
3, 4, 5, and 6 will record as final tract maps; TR37408-1, -2, -3, -4, -5, and -6 or
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Final respectively. The final map phases shall be developed in sequential order
beginning with Phase 1, and ending with Phase 6 or Final. The
developer/property owner may request the development to occur out of
sequential order, subject to City approval, provided all required improvements for
earlier phases are bonded, constructed and in place prior to the development of
a later phase.
6. Final Map Recordation - If multiple tract map phases are filed for recordation,
they may be recorded concurrently, or in phases. If recorded in phases, the
recordation shall be done in the order described in these Conditions of Approval
(COA).
7. Guarantee for Required Improvements - All phased final maps shall be in
substantial conformance with approved phased tentative maps. Prior to each
final phase map recordation, financial security shall be provided to guarantee the
construction of all required improvements associated with each map phase. 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.
8. SP 2017-187 Planning Areas, TTM37391 Lots and VTTM37408 Map Phasing
and Lot Numbers – Seven Lots in TTM37391 will encompass the proposed six
map phases for the vesting map with the boundaries tracking the boundaries of
the Planning Areas in SP 2017-187. The following summary provides information
on the TTM 37391 Lots and SP Planning Areas that make up each proposed
map phase. 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.
Vesting TTM
Map Phase
TTM 37391
Lot Numbers
SP 2017-187
Planning Areas
Number of
Residential
Lots
TR 37408-1 1 PA 19 73 2 PA 1
TR 37408-2 3 PA 2 49
TR 37408-3 1 PA 3 115
TR 37408-4 4 PA 4 59 PA 5
TR 37408-5 6 PA 6 99
TR37408-6 5 PA 7 80 8 PA 18
TOTAL LOTS 475
9. Comply with TTM 37391 Development Construction Phasing –The
development of VTTM3708 shall comply with the Development Construction
Phasing for TTM37391 for the Lots that make up the boundaries of vesting map.
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10. Vesting Map Development Construction Phasing - Development of VTTM
37408 is proposed to be implemented in three phases, consistent with the
proposed phasing in TTM37391. These phases effectively divide the proposed
map phases utilizing backbone roadways, proposed internal roads, and SP
Planning Areas as phasing boundaries. Due to the inherent topography of the
project site, the construction stages will occur in a generally north to south
direction. As such, the project design is required to provide backbone
infrastructure, and internal roads in similar order to support the proposed
development phasing. Development construction phasing shall occur in
consecutive order as follows:
Development Construction Phase 1 - Includes development of TR 37408-
1, -2, -3 and -4 (PA 4 only) including WQ/Detention
Basin in PA 19
Development Construction Phase 2 - Includes development of TR 37408-
4 (PA 5 only) and TR 37408-6 (PA 18 only,
proposed Community Park)
Development Construction Phase 3 - Includes development of TR 37408-
5, and -6 (PA 7 only)
At time of development of the proposed map phases, required internal roads and
backbone infrastructure shall be provided/constructed in accordance with the
Project’s Infrastructure Phasing Plan described in TTM 37391 and 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
Prior to Final Map recordation of each map phase, appropriate bonds/security
and Bond Agreements shall be provided by the developer/property owner to
guarantee construction of all required improvements associated with each map
phase. The 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.
11. Infrastructure Phasing Plan – The construction and delivery of required
infrastructure improvements shall be coordinated with the Vesting Map
Development Construction Phasing Plan described in previous condition, 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 B2 in PA 19 of TR 37408-1
(b) Rouse Road fronting the existing Mortuary
(c) Lot A of TTM 37391 (Rouse Road) fronting TR 37408-1, -2
(d) Lot B of TTM 37391 (Sherman Road) from Chambers Ave to Rouse
Road,
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(e) G Street of TR 37408-4, internal new east-west road (paseo) fronting PAs
4 & 5
(f) Internal new roads serving TR 37408-1, 2, 3, and -4 (PA 4 only)
(g) Parkway Improvements associated with the street Right of Ways within
this Construction Phase A
Construction Phase B – to be delivered concurrently with Development
Construction Phase 2. This infrastructure phase includes the construction of:
(a) Lot C of TTM 37391 (Chambers Road) from Encanto Road to Sherman
Road
(b) Internal new road serving TR 37408-5, and -6; and TR 37408-4 (PA 5
only)
(c) Parkway Improvements associated with the street Right of Ways within
this Construction Phase B
(d) Development of TR 37408-6 (PA 18) 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 of
TTM 37391 (Encanto Rd widening),
(b) Encanto Road fronting Lot 18 of TTM 37391,
(c) Parkway Improvements associated with the street Right of Ways within
this Construction Phase C.
NOTES:
(a) The required extent for each of the above improvements, such as street
widths, street transitions, intersection geometrics, 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
12. 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.
13. 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
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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.
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.
14. 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.
15. 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.
16. 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 approval prior to final
map recordation or as determined by the District.
17. 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.
18. 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). All required improvement plans and
grading plans must be approved by the Public Works Engineering Department
prior to final map recordation, 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
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(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 (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.
19. 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.
20. 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.
21. 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
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/ 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
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
22. Project Grading Phasing Plan – The project is proposing to grade the 151.8
acres to two stages, generally described as the northern half, and the southern
half of the project site. The first stage of grading shall include the infrastructure
needed to build and support the development of vesting Map Phases 1, 2, 3 and
4 (PA 4 only) to build 279 single family residential units. The second stage of
grading shall include the infrastructure needed to build and support the remaining
Map Phase 5 and 6 (PA 7 only) to build 196 units, for a total of 475 single family
residential units. The 2nd stage of shall also include grading of Lot 8 for the
Community Park. Grading shall include the necessary work to support the
proposed Development Phasing Plan and Infrastructure Phasing Plan described
in these Conditions of Approval.
23. 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.
24. 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.
25. 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.
26. 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.
27. Use of Maximum and Minimum Grade Criteria - Actual field construction
grades, for accessible path of travel 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. Any improvement that is
outside of the minimum and maximum values will not be accepted by the City
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Inspector, and will have to be removed and replaced at the expense of the
developer / property owner.
28. Erosion Control Plans - All grading plans shall require erosion control plans
prior to approval. Temporary erosion control measures shall be implemented
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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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
34. 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.
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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.
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
35. 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.
36. 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 Basin B1 in PA 19, Lot 1 (see
conditions herein regarding Water Quality Basin design).
37. 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.
38. 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
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City shall require submittal of NOTs for requests to fully release associated
grading bonds.
39. 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
appropriate SWPPP BMPs in place and in good working conditions at all times
until construction is completed.
40. Grading Bonds – Prior to issuance of a grading 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.
41. 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.
42. 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
43. 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.
44. 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.
45. 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
46. 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
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requesting a certificate of occupancy. The certification shall be submitted to the
Public Works Engineering Department for verification and acceptance.
47. 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
48. Drainage Study Area – For clarity on the following Drainage conditions, it
should be noted that the Project Study Area for the Preliminary Drainage Report
in the following conditions refer to the entire Legado development (TTM37391)
and four other offsite drainage areas described below. “Project” in the following
Drainage conditions refer to the entire Legado development. VTTM 37408 is
within Drainage Area B.
49. 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
analyzed the entire TTM 37391 site as well as other offsite areas that are
tributary to the Caltrans 10’x5’ RCB culvert, the ultimate discharge point for the
Legado development. 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 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. Since vesting TTM 37408 is part of the study area, a
FINAL Drainage Report will be required for review and approval by both
agencies prior to issuance of a grading permit for any vesting map phase.
50. 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 Legado 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.
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51. 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, and then flow to a
southwesterly direction towards Encanto Drive at the existing Caltrans 10’(W) x
5’(H) RCB culvert box.
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. Vesting TTM 37408 is within this
drainage area.
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.
52. 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
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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.
53. 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
acre project site is bifurcated by Sherman Rd, which will serve as the main
dividing road for the Legado development’s proposed west and east villages. The
proposed vesting TTM 37408 will comprise the west village, and will be
Water Quality/Detention Basis
In the developed condition the project will be constructing three major basins
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 project
will also build a separate WQ Basin for the proposed Commnuity Park in PA
18, as part of TR 37408-6. The three major basins will be built in three
separate Planning Areas: PA 19, PA 20 and PA 21, and are included within
the vesting TTM boundaries identified below:
WQ/Detention Basin B2–will be built in Planning Area 19, and within the
TR 37408-1
WQ/Detention Basin B1–will be built in Planning Area 20, and within TR
37409-1 (offsite of VTTM 37408)
WQ/Detention Basin A–will be built in Planning Area 21, and within TR
37409-5 (offsite of VTTM 37408)
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.
Prior to issuance of a Certificate of Occupancy for VTTM 37408
Prior to issuance of a certificate of occupancy for any lot within VTTM 37408,
WQ/Detention Basin B2 shall be complete and functional.
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.
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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 (TTM 37391 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 B2 in Planning Area 19, in
TR 37408-1.
Drainage Area B (Sub-Areas B1, B2) is approximately 246.9 acres and
includes the west half of the project (VTTM 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 of TTM 37391). 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, TR 37480-1. The remaining area, Sub-
Area B2, approximately 153.9 acres, will drain to WQ Basin B2 for
treatment prior to discharging into Detention Basin B2. Vesting TTM
37408 is within Sub-Area B2
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 WQ/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
54. 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
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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.
55. 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.
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. VTTM 37408 includes WQ/Basin B2 in Map Phase 1.
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.
56. 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
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tentative tract map for review and approval by the Planning Commission or the
City Council.
57. 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.
58. 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.
59. 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.
60. Protection of Downstream Properties - The developer/property owner shall
protect downstream properties from damages that can be caused by alteration of
natural drainage patterns, i.e., concentration or diversion of flow. Protection shall
be provided by constructing adequate drainage facilities including enlarging
existing facilities and securing necessary drainage easements.
61. 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
62. 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.
63. 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.
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64. 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.
65. 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. For the case of
VTTM 37408, these would include all drainage facilities associated with the
construction of WQ/Detention Basin B1 (PA 19).
66. 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. For the case of VTTM 37408, these
would include all drainage facilities associated with the construction of
WQ/Detention Basin B1 (PA 19).
67. 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
68. 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.
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69. 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.
70. 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.
71. 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.
72. 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.
73. Drainage Grade - Minimum drainage design grade shall be 1% except on
Portland cement concrete surfaces where 0.5% shall be the minimum. The
engineer of record must submit a variance request for design grades less than
1% with a justification for a lesser grade.
74. 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).
75. Trash Racks. Trash racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large floatable debris.
76. 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
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77. 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 below. Additional improvements may be required
to address public safety and welfare, as determined by the City Engineer / PW
Director.
The TIA was prepared with the assumption that the entire Legado Project is will
be developed in three major phases described below:
Development Phase 1 of the Project is anticipated to include the
development of 500 single family detached residential dwelling units, from
the entire Legado development (TTM 37391 Lots).
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
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
Although the SP can allow up to a total of 1061 single family residential dwelling
units, the entire Legado Project is currently proposing a total of 1022 SFR units,
475 from VTTM 37408 and 575 from VTTM 37409. 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.
78. 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), along with
the Approved VTTM 37408 shall be used as reference in implementing said
conditions.
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Prior to Issuance of Building Permits
79. 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.
80. 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.
81. 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.
82. 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.
83. 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.
84. Intersection Geometrics. All temporary/final intersection geometrics, including
pocket lengths and transitions, may be modified in final engineering as approved
by the PW Director.
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85. 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.
86. 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.
87. Fair Share Cost Estimates - This project may 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.
88. Cost Participation through Payment of Fair Share. At the issuance of each
building permit the developer/property owner shall pay a pro rata amount of the
total fair share cost for offsite improvements for all development phases of VTTM
37408 and VTTM 37409. The exact pro rata cost is to be determined prior to the
first building permit in VTTM 37408 or VTTM 37409. The offsite roadway
segments and intersections which are subject to cost participation through
payment of fair share are listed below. The Development Phases are noted for
reference, as the TIA analyzed impacts in phases, and the same intersection(s)
may be listed multiple times, but where listed multiple times, the fair share % is
required in addition to what was previously listed. Note that fair shares are based
on the number of Certificate of Occupancies for both VTTM 37408 and VTTM
37409, and as determined in the approved TIA.
Development Phase 1
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
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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.
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:
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:
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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.
Development Phase 2
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
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westbound lanes), raised landscaped median, shoulders, and left turn
pockets at intersections.
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.
Development Phase 3
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.
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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
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fair share cost of 4.0% of the total cost of the improvement. The
intersection improvements are as follows:
1) Southbound: Construct a second southbound left turn lane.
2) Modify the traffic signal to provide northbound right turn overlap
phasing.
3) 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:
1) Northbound: Construct a second northbound left turn lane.
2) Eastbound: Construct a third eastbound through lane.
3) Westbound: Construct a third westbound through lane.
4) 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:
1) Eastbound: Construct a single eastbound right turn lane.
2) 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:
1) Eastbound: Construct a second eastbound left turn lane and a
third eastbound through lane.
2) 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:
1) Westbound: Construct a second westbound right turn lane.
2) 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:
1) 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:
1) Modify the traffic signal to provide eastbound protected left turn.
2) Modify the traffic signal to provide westbound protected left turn.
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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:
1) Northbound: Construct a single northbound left turn lane.
2) Southbound: Construct dual southbound left turn lanes.
3) 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:
1) 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:
1) Eastbound: Construct a second eastbound left turn lane and a
third eastbound through lane.
2) Modify the traffic signal to provide southbound right turn overlap
phasing.
3) 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:
1) Northbound: Construct a second northbound left turn lane.
2) Eastbound: Construct a single eastbound right turn lane.
3) 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:
1) 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:
1) Northbound: Construct a second northbound left turn lane.
2) Eastbound: Construct a third eastbound through lane.
3) Westbound: Construct a third westbound through lane.
4) 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
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the total cost of the improvement. The intersection improvements are as
follows:
1) 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:
1) Southbound: Restripe the southbound left as a southbound
shared left-through lane.
2) Modify the traffic signal to provide southbound right turn overlap
phasing.
3) Modify the traffic signal to provide eastbound right turn overlap
phasing.
4) 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:
1) Eastbound: Construct a second eastbound left turn lane.
2) 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:
1) Northbound: Construct a single northbound left turn lane.
2) Southbound: Restripe southbound movements to have a left turn
lane and a shared through/right turn lane.
3) Eastbound: Construct an eastbound shared through-right turn
lane; and
4) 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:
1) Southbound: Construct a single southbound left turn lane.
2) Eastbound: Construct a third eastbound through lane and a
single eastbound right turn lane.
3) Westbound: Construct a third westbound through lane and a
second westbound left turn lane.
4) Modify the traffic signal to provide northbound right turn overlap
phasing.
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:
1) Northbound: Construct dual northbound left turn lanes and a
single right turn lane.
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2) Southbound: Construct a single southbound left turn lane and a
single southbound right turn lane.
3) Eastbound: Construct dual eastbound left turn lanes, a third
eastbound through lane, and a single right turn lane.
4) Westbound: Construct a single westbound left turn lane and a
third westbound through lane.
5) 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:
1) Northbound: Construct a single northbound left turn lane.
2) Southbound: Construct a single southbound left turn lane.
3) Eastbound: Construct a single eastbound left turn lane.
4) 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:
1) Southbound: Construct a second southbound through lane.
2) 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:
1) Eastbound: Construct a second eastbound left turn lane.
2) Westbound: Construct a single westbound right turn lane.
3) 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:
1) Install a traffic signal.
2) Northbound: Construct a single northbound left turn lane and a
single northbound through/right turn lane.
3) Southbound: Construct dual southbound left turn lanes, a
second southbound through lane, and a single southbound right
turn lane.
4) Eastbound: Construct dual eastbound left turn lanes and a
through/right turn lane.
5) Westbound: Construct dual westbound left turn lanes, a third
westbound through lane, and a single westbound right turn lane.
6) Modify the traffic signal to provide westbound right turn overlap
phasing.
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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:
1) Northbound: Construct a single northbound left turn lane.
2) Southbound: Construct a single southbound left turn lane.
3) Eastbound: Construct a second eastbound through lane.
4) 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:
1) 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:
1) 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:
1) Northbound: Construct a second northbound through lane.
2) 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:
1) Northbound: Construct a second northbound left turn lane and a
third northbound through lane.
2) Southbound: Construct a second southbound left turn lane and a
third southbound through lane.
3) Eastbound: Construct a second eastbound left turn lane.
4) Modify the traffic signal to provide eastbound right turn overlap
phasing.
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:
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1) Northbound: Construct a second northbound left turn lane and a
third northbound through lane.
2) Southbound: Construct a third southbound through lane
3) Eastbound: Construct a single eastbound left turn lane and a
single eastbound right turn lane.
4) 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:
1) Northbound: Construct a single northbound right turn lane.
2) Southbound: Construct a second southbound left turn lane and a
third southbound through lane.
3) Westbound: Construct a second westbound right turn lane and a
third westbound through lane.
4) Modify the traffic signal to provide northbound right turn overlap
phasing.
5) Modify the traffic signal to provide southbound right turn overlap
phasing.
6) Modify the traffic signal to provide westbound right turn overlap
phasing.
Prior to Issuance of Certificate of Occupancy in TIA Development Phase 1
89. Rouse Road Frontage Street Improvements fronting TR 37408-1 and -2.
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 Sherman 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. 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,
and VTTM 37408 roadway cross sections. The improvements shall include safe
roadway geometrics, transitions, and terminations as approved by the PW
Director.
90. 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
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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, and
VTTM 37408 roadway cross sections. The improvements shall include safe
roadway geometrics, transitions, and terminations as approved by the PW
Director.
91. Street A/Brady Lane Internal Street Improvements. The developer / property
owner shall construct the required full width street improvements along Street
A/Brady Lane and south limits of Planning Area 3 at its ultimate cross-section as
a General Local Roadway. The required improvements shall include construction
of 2 lanes (1 northbound, 1 southbound), landscaped parkways and sidewalk.
The right-of-way width for Street A shall be 60’ per Approved Tentative Tract Map
37391 and VTTM 37408 roadway cross sections. The improvements shall
include safe roadway geometrics, transitions, and terminations as approved by
the PW Director.
92. Street B (G Street of TR 37408-4) Internal Street Improvements. The
developer / property owner shall construct the required full width street
improvements along Street B (G Street of TR 37408-4) between Street A and
Sherman Road at its ultimate cross-section as a Modified General Local
Roadway. The required improvements shall include construction of 2 lanes (1
eastbound, 1 westbound), bike lanes, raised landscaped median, landscaped
parkways, and sidewalk. The right-of-way width for Street B (Street G of TR
37408-4) shall be 64’ per Approved Tentative Tract Map 37391 and VTTM 37408
roadway cross sections. The improvements shall include safe roadway
geometrics, transitions, and terminations as approved by the PW Director.
93. Street B (G Street of TR 37408-4) Internal Street Improvements, Village
Entry to VTTM 37408 – Street G in VTTM 37408 will be the project’s Village
Entry to the tract, and in addition to the standard street improvements, it shall
include construction of paseos, roundabout, meandering sidewalks and
landscaped slopes consistent with SP 2017-187. Prior to recordation of the final
map for TR 37408-4, the developer/property owner shall dedicate the necessary
easements to accommodate the construction of all described features within the
Village Entry. The dedication can be through the map or a separate instrument
reviewed and approved by the PW Director/City Engineer.
94. 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.
95. 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)
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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.
96. 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:
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)
97. Intersection of Rouse Road at Street C/Dawson Road, within VTTM 37409.
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.
98. Intersection of Street A at Street B within VTTM 37408 - The
developer/property owner shall construct a one-lane traffic circle at the
intersection of Street A and Street B within TR 37408-3 and -4.
99. Intersection of Sherman Road at B Street - The developer/property owner
shall construct a one-lane roundabout at the intersection of Sherman Road and B
Street.
100. 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)
101. 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:
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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.
102. 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.
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.
Prior to Issuance of Certificate of Occupancy in TIA Development Phase 2
103. 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 Sherman 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, and sidewalk. The right-of-way width for Chambers
Avenue varies from 98’ to 106’ per Approved Tentative Tract Map 37391, and
VTTM 37408 roadway cross sections. The improvements shall include safe
roadway geometrics, transitions, and terminations as approved by the PW
Director
104. Chambers Avenue Frontage Street Improvements. The developer / property
owner shall construct the required full width street improvements along
Chambers Avenue between Encanto Drive and Sherman 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, and sidewalk. The right-of-
way width for Chambers Avenue varies from 98’ to 106’ per Approved Tentative
Tract Map 37391, and VTTM 37408 roadway cross sections. The improvements
shall include safe roadway geometrics, transitions, and terminations as approved
by the PW Director.
105. Street A Internal Street Improvements. The developer / property owner shall
construct the required full width street improvements along Street A between
south limits of Planning Area 3 and Chambers Avenue at its ultimate cross-
section as a General Local Roadway. The required improvements shall include
construction of 2 lanes (1 northbound, 1 southbound), landscaped parkways, and
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sidewalk. The right-of-way width for Street A shall be 60’ per Approved Tentative
Tract Map 37391, and VTTM 37408 roadway cross sections. The improvements
shall include safe roadway geometrics, transitions, and terminations as approved
by the PW Director.
106. 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 shared through/right turn lane.
Westbound: One through lane and one shared through/right turn lane
107. 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)
108. 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.
109. 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:
Northbound: One shared through/right turn lane.
Southbound: One left turn lane (minimum 250’ pocket) and one through
lane.
Eastbound: N/A.
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Westbound: One left turn lane and one shared left/right turn lane.
110. 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 Certificate of Occupancy in TIA Development Phase 3
(Buildout)
111. 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, and
VTTM 37408 roadway cross sections. The roadway improvements shall include
safe roadway geometrics, transitions, and terminations as approved by the PW
Director.
112. 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.
113. 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.
114. 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:
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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.
115. 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
Westbound: One shared left/right turn lane.
116. 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.
E. STREET STANDARDS AND DEDICATIONS
General Conditions
117. 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.
118. 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.
119. 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.
120. 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.
121. 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
approved City standards and specifications, and as determined by the PW
Director/City Engineer.
122. 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
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streetlights shall become public and shall be located within public right of way or
within duly dedicated public easements.
123. 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.
124. 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.
125. Acceptance of Public Roadway Dedication and Improvements – Prior to final
map recordation, 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.
Prior To Final Map Recordation of TR 37408-5 and -6
126. 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.
Prior To Final Map Recordation for TR 37408-1, -2, -3 and -4
127. Rouse Road Dedication from Encanto Rd to Sherman Rd – 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.
128. 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.
129. Lot C of TTM 37391 (TR 37408-5) Chambers Avenue Dedication from
Encanto Road to A Street – This segment of Chambers Avenue is designated
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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.
130. 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 Final Map Recordation for TR 37408-5
131. Lot C of TTM 37391 (TR 37408-5) Chambers Avenue Dedication from A
Street 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.
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).
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 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.
Interior roads shall be completed and paved to finish grade according to the
limits indicated in the improvement plans and as noted elsewhere in these
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conditions. All curbs, gutters, sidewalks and driveway approaches shall be
installed
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 or Issuance of Building Permits
136. Water, Sewer and Recycled Water Plans, Submittal and Approval - 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. All private potable water, sewer and recycled
water improvements to serve this development shall be designed per the Uniform
Plumbing Code.
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
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.
139. Offsite and Onsite Lateral Connections. All onsite and offsite sewer, water and
recycled water connections within the public’s ROW shall require encroachment
permits from the City and shall be guaranteed for construction prior to final map
recordation.
G. NPDES and WQMP
General Conditions
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140. 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.
141. 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
142. 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
the entire Legado 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.
Since post development flows from VTTM 37408 were considered in analysis of
the overall Legado Project Specific WQMP, prior to issuance of a grading permit
for VTTM 37408, the developer/property owner shall submit a FINAL project
specific WQMP for review and approval by the PW Engineering Department.
Drainage Management Areas (DMAs)
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:
Note: For clarity, refer to tabulated Project Information under General
Conditions to correlate VTTM 37408 Map Phases to TTM 37391 Lots
and SP Planning Areas.
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 of TTM37391. This area is within the boundaries VTTM 37409.
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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 of TTM37391. This area is within the boundaries VTTM 37409.
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 of TTM
37391. This area is within TR 37408-1, -2, -3, -4, -5 and -6.
DMA B2b – covers the future Community Park (Lot 8) in TR 37408-6.
Development of the park will incorporate its own water quality basin, WQ
Basin B2, to treat flows from the developed park.
DMA C1 – 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 – covers the new impervious areas from Encanto and Chambers
street improvements fronting Lots 7 and 18 (Commercial parcels). These
parcels are offsite VTTM 37408. 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 vegetated swales and other Low Impact Development (LID) features
prior to discharge to the main WQ Basins for final treatment.
Prior To Issuance of Grading Permits
143. Project Specific WQMP for Lot 117 of TR 37408-3 – The Legado Project
specific WQMP for TTM37391 did not include a detailed analysis of the proposed
neighborhood park in TR 37408-3. Therefore, prior to approval of development of
Lot 117, or issuance or precise grading permit for Lot 117, the developer/property
owner shall submit a Project specific WQMP for review and approval by the PW
Engineering Department.
144. Project Specific WQMP for Lot 116 of TR 37408-3 – The Legado Project
specific WQMP for TTM37391 did not include a detailed analysis of the proposed
recreational center in TR 37408-3. Therefore, prior to approval of development of
Lot 116, or issuance of precise grading permit for Lot 116, the developer/property
owner shall submit a Project specific WQMP for review and approval by the PW
Engineering Department
145. Project Specific WQMP for Lots 7 and 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.
146. 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
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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
147. 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.
148. 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
149. 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.
150. BMP Maintenance & Inspection - The CC&R's for the development's
Homeowners Association (HOA) shall contain inspection provisions for all
privately owned treatment control BMPs, and if required, cleaned no later than
any major rain event. The CC&R's shall identify the entity that will inspect and
maintain all privately owned structural BMP's within the project boundaries. A
copy of the CC&R's shall be submitted to the PW Engineering Department for
review and approval.
151. 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.
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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
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.
152. 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.
153. 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
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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
154. WQ Basin A1, located in PA 21 – This offsite basin is within DMA 1, and will be
developed as part of the east village VTTM 37409.
155. WQ Basin B1, located in PA 20 – This offsite basin is within DMA B1, and will
be developed as part of the east village VTTM 37409).
156. WQ Basin B2, located in Lot 74 (TR 37408-1), PA 19 – Prior to the issuance of
the first Certificate of Occupancy within DMA B2, WQ Basin B2 shall be complete
and operational. This is applicable to VTTM 37408 (west village) all map phases.
157. WQ Basin B2b, located in PA 18 – Prior to the issuance of the Certificate of
Occupancy within DMA B2b (PA 18) or acceptance of the future Community
Park, WQ Basin B2b shall be complete and operational. This is applicable to
Community Park.
158. 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 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
159. 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:
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www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#m
andatory
160. 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.
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
161. 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.
162. 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
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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
163. 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)
Prior to Final Map Recordation
164. Common Area Maintenance. Any common areas identified in the Tentative
Tract Map shall be owned and maintained as follows:
a) The developer shall be responsible for maintenance of common areas,
until a permanent master maintenance organization has been
established for the tentative tract maps, 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.
165. 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
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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.
166. 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 required to maintain such common areas.
167. CC&R Content, Submittal Process and Timing. Prior to recordation of a final
map, the developer/property owner shall submit to the Public Works /
Engineering Department for review and approval CC&R documents consisting of
the following:
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
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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.
e) If the map is to be record in phases, then each phase shall also record a
correlating CC&Rs
J. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD)
Prior To Final Map Recordation
168. 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 acceptable city
administered CFDs as approved by the City Engineer. The PW Director/City
Engineer shall determine the appropriate maintenance CFD the Project can
annex 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.
169. 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 a 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.
170. 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
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approval by the PW Engineering Department prior to issuance of a grading
permit.
171. 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.
172. 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.
173. 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
174. 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.
175. 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.
176. 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.
177. 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.
178. 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
Department.
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Section IV:
Building and Safety Department
Conditions of Approval
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General Requirements
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.
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
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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
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
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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 Grading Permits
14. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted
separately from the building plans, shall be submitted to Building & Safety for
review and approval.
Prior to Issuance of Building Permits
15. 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.
16. Each Department is required to Approve, with a signature.
17. 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
18. 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.
Prior to Certificate of Occupancy
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19. Each department is required to Review and Approve with a Signature,
certificates of occupancy to verify ALL applicable Conditions of Approval
have been Met/Approved.
Section V:
Riverside County Fire Department
Conditions of Approval
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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
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
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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.
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Section VI:
Community Services Department
Conditions of Approval
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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. See Community
Development Department Condition of Approval No. 65 “Landscaping Plans”
for additional project specific requirements.
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.
7. Playground Equipment. Playground equipment samples were not provided
as part of the concept park plans and final equipment chosen shall be
consistent with City requirements and subject to approval by the Community
Services Director.
Prior to Final Map Recordation
8. 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.
9. 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
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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.
Prior to Issuance of Grading Permits
10. Trails and Bike Lanes. Trails and bike lanes, including accommodations for
the landing for the future overcrossing at Rouse Road, shall be accommodated
as shown in the Specific Plan and shown on grading plans and any subsequent
projects.
Prior to Issuance of Building Permits
11. 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 Issuance of Certificates of Occupancy
12. Park Performance Securities. Prior to the issuance of the first certificate of
occupancy within the subdivision, the developer shall provide a sufficient
surety, as determined by the Community Services Director, to guarantee that
the park improvements located within Lot 81 of TR37408-6, Lot 117 of
TR37408-3 and Open Space Lots J and K along the Village Collector amenities
are completed and ready for public use. The surety shall be in an amount
necessary to guarantee the installation of plantings, irrigation system, walls
and/or fences, recreation equipment and other improvements in accordance
with the approved parks plan. Securities may require review by the City
Attorney and other staff. Permit holder is encouraged to allow adequate time to
ensure that securities are in place. The performance security may be released
one year after structural final, inspection report, and the six-month and one-
year post-establishment report confirms that the park, including all planting and
irrigation components have been adequately installed and maintained.
13. 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 Issuance of Given Building Permit or Occupancy
PARK CONDITIONS
The Community Services Director shall have the ability to defer the installation of the
parks and park plan approval as noted below, but may require performance securities
and additional deposits to cover administrative costs.
As some open space areas noted above may contain water quality basins, the
installation of landscaping and completion of those lots may be required at an earlier
time than what is noted in the conditions by the Engineering and Public Works
Department in order to mitigate water quality impacts of the development. All water
quality treatment areas must be functional prior to issuance of any occupancy permit.
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To the extent any of these conditions are in conflict with the DEVELOPMENT
AGREEMENT, the DEVELOPMENT AGREEMENT shall supersede the Condition of
Approval below.
14. Suspension of Building Permit Issuance and/or Inspections. Pursuant to
Menifee Municipal Code, failure to comply with any deadline for the
development of the improvements and/or amenities shall halt the issuance of
building permits and suspension of all building inspections for residential
dwelling units within the subdivision.
15. Neighborhood Park and Paseo Legado Plans. Prior to issuance of the first
occupancy permit in the subdivision, conceptual park plans for the
Neighborhood Park (Lot 117 TR37408-3) and for Paseo Legado (Lot J and Lot
K) shall be submitted, reviewed and approved by the City of Menifee.
16. Neighborhood Park and Paseo Legado Plans. Prior to issuance of the 70th
occupancy permit in the subdivision, final park plans (construction drawings) for
the Neighborhood Park (Lot 117 TR37408-3) and for Paseo Legado (Lot J and
Lot K) shall be submitted, reviewed and approved by the City of Menifee.
17. Neighborhood Park Lot 117 TR37408-3. Prior to issuance of the 140th
certificate of occupancy in the subdivision, all amenities, landscaping and
irrigation within the neighborhood park shall be installed, inspections completed
and passed and performance securities posted.
18. Linear Paseo Lot “J” (Paseo Legado). Prior to issuance of the 140th
certificate of occupancy in the subdivision, all amenities, landscaping and
irrigation within the linear paseo shall be installed, inspections completed and
passed and performance securities posted.
19. Linear Paseo Lot “K” (Paseo Legado). Prior to issuance of the 140th
certificate of occupancy in the subdivision, all amenities, landscaping and
irrigation within the linear paseo shall be installed, inspections completed and
passed and performance securities posted.
20. Community Park Lot 81 TR37408-6 – Park Plans. Prior to issuance of the
250th certificate of occupancy for any lot on the approved tentative map or
Specific Plan, whichever occurs first, conceptual park plans for the Community
Park, including the community center, must be submitted, reviewed and
approved by the City of Menifee. Playground equipment samples were not
provided as part of the concept park plans and final equipment chosen shall be
consistent with City requirements and subject to approval by the Community
Services Director.
21. Community Park Lot 81 TR37408-6 – Park Plans. Prior to issuance of the
300th certificate of occupancy for any lot on the approved tentative map or
Specific Plan, whichever occurs first, final park plans (construction drawings)
for the Community Park must be submitted, reviewed and approved by the City
of Menifee. Playground equipment samples were not provided as part of the
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concept park plans and final equipment chosen shall be consistent with City
requirements and subject to approval by the Community Services Director.
22. Community Park Lot 81 TR37408-6. Prior to issuance of the 500th certificate
of occupancy in the Specific Plan, whichever occurs first, all amenities,
landscaping and irrigation within the community park shall be installed,
inspections completed and passed and performance securities posted.
23. Community Center Lot 81 TR37408-6. Prior to issuance of the 600th
certificate of occupancy in the Specific Plan, whichever occurs first,
construction drawings for the Community Center must be submitted, reviewed
and approved by the City of Menifee.
24. Community Center Lot 81 TR37408-6. Prior to issuance of the 750th
certificate of occupancy in the Specific Plan, whichever occurs first, all
amenities and facilities associated with the community center shall be installed,
inspections completed and passed and performance securities posted.
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Section VII:
Other Department/Agency
Conditions of Approval
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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
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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
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None
None
Commissioners Karwin, Phillips, Thomas, Vice Chair Diederich, Chair Madrid
None
501